approve the site security plan; 
and 
‘‘(bb) may audit and inspect 
the expedited approval facility 
under subsection (d) to verify 
compliance with its site security 
plan. 
‘‘(ii) NONCOMPLIANCE.—If the Sec-
retary determines an expedited approval fa-
cility is not in compliance with the require-
ments of the site security plan or is other-
wise in violation of this title, the Secretary 
may enforce compliance in accordance with 
section 2104. 
‘‘(F) AMENDMENTS
TO
SITE
SECURITY 
PLAN.— 
‘‘(i) REQUIREMENT.— 
‘‘(I) IN GENERAL.—If the owner 
or operator of an expedited approval 
facility amends a site security plan 
submitted under subparagraph (A), the 
owner or operator shall submit the 
amended site security plan and a cer-
tification relating to the amended site 
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security plan that contains the infor-
mation described in subparagraph (C). 
‘‘(II) TECHNICAL AMENDMENTS.— 
For purposes of this clause, an amend-
ment to a site security plan includes 
any technical amendment to the site 
security plan. 
‘‘(ii) 
AMENDMENT
REQUIRED.—The 
owner or operator of an expedited approval 
facility shall amend the site security plan 
if— 
‘‘(I) there is a change in the de-
sign, construction, operation, or main-
tenance of the expedited approval facil-
ity that affects the site security plan; 
‘‘(II) the Secretary requires addi-
tional security measures or suspends a 
certification and recommends addi-
tional security measures under sub-
paragraph (G); or 
‘‘(III) the owner or operator re-
ceives notice from the Secretary of a 
change in tiering under subsection 
(e)(3). 
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‘‘(iii) DEADLINE.—An amended site 
security plan and certification shall be sub-
mitted under clause (i)— 
‘‘(I) in the case of a change in de-
sign, construction, operation, or main-
tenance of the expedited approval facil-
ity that affects the security plan, not 
later than 120 days after the date on 
which the change in design, construc-
tion, operation, or maintenance oc-
curred; 
‘‘(II) in the case of the Secretary 
requiring additional security measures 
or suspending a certification and rec-
ommending additional security meas-
ures under subparagraph (G), not later 
than 120 days after the date on which 
the owner or operator receives notice of 
the requirement for additional security 
measures or suspension of the certifi-
cation and recommendation of addi-
tional security measures; and 
‘‘(III) in the case of a change in 
tiering, not later than 120 days after 
the date on which the owner or oper-
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ator receives notice under subsection 
(e)(3). 
‘‘(G) FACIALLY DEFICIENT SITE SECURITY 
PLANS.— 
‘‘(i) 
PROHIBITION.—Notwithstanding 
subparagraph (A) or (E), the Secretary 
may suspend the authority of a covered 
chemical facility to certify a site security 
plan if the Secretary— 
‘‘(I) determines the certified site 
security plan or an amended site secu-
rity plan is facially deficient; and 
‘‘(II) not later than 100 days 
after the date on which the Secretary 
receives the site security plan and cer-
tification, provides the covered chem-
ical facility with written notification 
that the site security plan is facially 
deficient, including a clear explanation 
of each deficiency in the site security 
plan. 
‘‘(ii) ADDITIONAL
SECURITY
MEAS-
URES.— 
‘‘(I) IN GENERAL.—If, during or 
after a compliance inspection of an ex-
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pedited approval facility, the Secretary 
determines that planned or imple-
mented security measures in the site 
security plan of the facility are insuffi-
cient to meet the risk-based perform-
ance standards based on misrepresen-
tation, omission, or an inadequate de-
scription of the site, the Secretary 
may— 
‘‘(aa) require additional se-
curity measures; or 
‘‘(bb) suspend the certifi-
cation of the facility. 
‘‘(II) RECOMMENDATION OF ADDI-
TIONAL SECURITY MEASURES.—If the 
Secretary suspends the certification of 
an expedited approval facility under 
subclause (I), the Secretary shall— 
‘‘(aa) recommend specific ad-
ditional security measures that, if 
made part of the site security 
plan by the facility, would enable 
the Secretary to approve the site 
security plan; and 
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‘‘(bb) provide the facility an 
opportunity to submit a new or 
modified site security plan and 
certification under subparagraph 
(A). 
‘‘(III) SUBMISSION; REVIEW.—If 
an expedited approval facility deter-
mines to submit a new or modified site 
security plan and certification as au-
thorized under subclause (II)(bb)— 
‘‘(aa) not later than 90 days 
after the date on which the facil-
ity 
receives 
recommendations 
under subclause (II)(aa), the facil-
ity shall submit the new or modi-
fied plan and certification; and 
‘‘(bb) not later than 45 days 
after the date on which the Sec-
retary receives the new or modi-
fied plan under item (aa), the 
Secretary shall review the plan 
and determine whether the plan is 
facially deficient. 
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‘‘(IV) DETERMINATION NOT TO IN-
CLUDE
ADDITIONAL
SECURITY
MEAS-
URES.— 
‘‘(aa) REVOCATION OF CER-
TIFICATION.—If an expedited ap-
proval facility does not agree to 
include in its site security plan 
specific additional security meas-
ures recommended by the Sec-
retary under subclause (II)(aa), 
or does not submit a new or modi-
fied site security plan in accord-
ance with subclause (III), the Sec-
retary may revoke the certifi-
cation of the facility by issuing 
an 
order 
under 
section 
2104(a)(1)(B). 
‘‘(bb) EFFECT
OF
REVOCA-
TION.—If the Secretary revokes 
the certification of an expedited 
approval facility under item (aa) 
by issuing an order under section 
2104(a)(1)(B)— 
‘‘(AA) the order shall re-
quire the owner or operator 
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of the facility to submit a 
site security plan or alter-
native security program for 
review by the Secretary re-
view under subsection (c)(1); 
and 
‘‘(BB) the facility shall 
no longer be eligible to certify 
a site security plan under 
this paragraph. 
‘‘(V) FACIAL DEFICIENCY.—If the 
Secretary determines that a new or 
modified site security plan submitted 
by an expedited approval facility 
under subclause (III) is facially defi-
cient— 
‘‘(aa) not later than 120 
days after the date of the deter-
mination, the owner or operator 
of the facility shall submit a site 
security plan or alternative secu-
rity program for review by the 
Secretary under subsection (c)(1); 
and 
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‘‘(bb) the facility shall no 
longer be eligible to certify a site 
security plan under this para-
graph. 
‘‘(H) TEMPLATES.— 
‘‘(i) IN GENERAL.—The Secretary may 
develop prescriptive site security plan tem-
plates with specific security measures to 
meet the risk-based performance standards 
under subsection (a)(2)(C) for adoption and 
certification by a covered chemical facility 
assigned to tier 3 or 4 in lieu of developing 
and certifying its own plan. 
‘‘(ii) PROCESS.—In developing and 
issuing, or amending, the site security plan 
templates under this subparagraph, issuing 
guidance for implementation of the tem-
plates, and in collecting information from 
expedited 
approval 
facilities, 
the 
Sec-
retary— 
‘‘(I) shall consult with— 
‘‘(aa) Sector Coordinating 
Councils established under sec-
tions 201 and 871(a); and 
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‘‘(bb) appropriate labor orga-
nizations; and 
‘‘(II) shall not be subject to section 
553 of title 5, United States Code, the 
National Environmental Policy Act of 
1969 (42 U.S.C. 4321 et seq.), sub-
chapter I of chapter 35 of title 44, 
United States Code, or section 2107(b) 
of this title. 
‘‘(iii) RULE OF CONSTRUCTION.—Noth-
ing in this subparagraph shall be construed 
to prevent a covered chemical facility from 
developing and certifying its own security 
plan in accordance with subparagraph (A). 
‘‘(I) EVALUATION.— 
‘‘(i) IN GENERAL.—Not later than 18 
months after the date of enactment of the 
Protecting and Securing Chemical Facili-
ties from Terrorist Attacks Act of 2014, the 
Secretary shall take any appropriate action 
necessary for a full evaluation of the expe-
dited approval program authorized under 
this paragraph, including conducting an 
appropriate number of inspections, as au-
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thorized under subsection (d), of expedited 
approval facilities. 
‘‘(ii) REPORT.—Not later than 18 
months after the date of enactment of the 
Protecting and Securing Chemical Facili-
ties from Terrorist Attacks Act of 2014, the 
Secretary shall submit to the Committee on 
Homeland Security and Governmental Af-
fairs of the Senate and the Committee on 
Homeland Security of the House of Rep-
resentatives a report that contains— 
‘‘(I) any costs and efficiencies as-
sociated with the expedited approval 
program authorized under this para-
graph; 
‘‘(II) the impact of the expedited 
approval program on the backlog for 
site security plan approval and au-
thorization inspections; 
‘‘(III) an assessment of the ability 
of expedited approval facilities to sub-
mit facially sufficient site security 
plans; 
‘‘(IV) an assessment of any im-
pact of the expedited approval program 
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on the security of chemical facilities; 
and 
‘‘(V) a recommendation by the 
Secretary on the frequency of compli-
ance inspections that may be required 
for expedited approval facilities. 
‘‘(d) COMPLIANCE.— 
‘‘(1) AUDITS AND INSPECTIONS.— 
‘‘(A) DEFINITIONS.—In this paragraph— 
‘‘(i) the term ‘nondepartmental’— 
‘‘(I) with respect to personnel, 
means personnel that is not employed 
by the Department; and 
‘‘(II) with respect to an entity, 
means an entity that is not a compo-
nent or other authority of the Depart-
ment; and 
‘‘(ii) the term ‘nongovernmental’— 
‘‘(I) with respect to personnel, 
means personnel that is not employed 
by the Federal Government; and 
‘‘(II) with respect to an entity, 
means an entity that is not an agency, 
department, or other authority of the 
Federal Government. 
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‘‘(B) AUTHORITY TO CONDUCT AUDITS AND 
INSPECTIONS.—The Secretary shall conduct au-
dits or inspections under this title using— 
‘‘(i) employees of the Department; or 
‘‘(ii) nondepartmental or nongovern-
mental personnel approved by the Sec-
retary. 
‘‘(C) SUPPORT PERSONNEL.—The Secretary 
may use nongovernmental personnel to provide 
administrative and logistical services in support 
of audits and inspections under this title. 
‘‘(D) REPORTING STRUCTURE.— 
‘‘(i) NONDEPARTMENTAL
AND
NON-
GOVERNMENTAL
AUDITS
AND
INSPEC-
TIONS.—Any audit or inspection conducted 
by an individual employed by a nondepart-
mental or nongovernmental entity shall be 
assigned in coordination with a regional 
supervisor with responsibility for super-
vising inspectors within the Infrastructure 
Security Compliance Division of the De-
partment for the region in which the audit 
or inspection is to be conducted. 
‘‘(ii) REQUIREMENT
TO
REPORT.— 
While an individual employed by a non-
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departmental or nongovernmental entity is 
in the field conducting an audit or inspec-
tion under this subsection, the individual 
shall report to the regional supervisor with 
responsibility for supervising inspectors 
within the Infrastructure Security Compli-
ance Division of the Department for the re-
gion in which the individual is operating. 
‘‘(iii) APPROVAL.—The authority to 
approve a site security plan under sub-
section (c) or determine if a covered chem-
ical facility is in compliance with an ap-
proved site security plan shall be exercised 
solely by the Secretary or a designee of the 
Secretary within the Department. 
‘‘(E) STANDARDS FOR AUDITORS AND IN-
SPECTORS.—The Secretary shall prescribe stand-
ards for the training and retraining of each in-
dividual used by the Department as an auditor 
or inspector, including each individual employed 
by the Department and all nondepartmental or 
nongovernmental personnel, including— 
‘‘(i) minimum training requirements 
for new auditors and inspectors; 
‘‘(ii) retraining requirements; 
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‘‘(iii) minimum education and experi-
ence levels; 
‘‘(iv) the submission of information as 
required by the Secretary to enable deter-
mination of whether the auditor or inspec-
tor has a conflict of interest; 
‘‘(v) the proper certification or certifi-
cations necessary to handle chemical-ter-
rorism vulnerability information (as de-
fined in section 27.105 of title 6, Code of 
Federal Regulations, or any successor there-
to); 
‘‘(vi) the reporting of any issue of non- 
compliance with this section to the Sec-
retary within 24 hours; and 
‘‘(vii) any additional qualifications for 
fitness of duty as the Secretary may re-
quire. 
‘‘(F) CONDITIONS FOR NONGOVERNMENTAL 
AUDITORS
AND
INSPECTORS.—If the Secretary 
arranges for an audit or inspection under sub-
paragraph (B) to be carried out by a nongovern-
mental entity, the Secretary shall— 
‘‘(i) prescribe standards for the quali-
fication of the individuals who carry out 
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such audits and inspections that are com-
mensurate with the standards for similar 
Government auditors or inspectors; and 
‘‘(ii) ensure that any duties carried out 
by a nongovernmental entity are not inher-
ently governmental functions. 
‘‘(2) PERSONNEL SURETY.— 
‘‘(A) PERSONNEL SURETY PROGRAM.—For 
purposes of this title, the Secretary shall estab-
lish and carry out a Personnel Surety Program 
that— 
‘‘(i) does not require an owner or oper-
ator of a covered chemical facility that vol-
untarily participates in the program to 
submit information about an individual 
more than one time; 
‘‘(ii) provides a participating owner or 
operator of a covered chemical facility with 
relevant information about an individual 
based on vetting the individual against the 
terrorist screening database, to the extent 
that such feedback is necessary for the facil-
ity to be in compliance with regulations 
promulgated under this title; and 
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‘‘(iii) provides redress to an indi-
vidual— 
‘‘(I) whose information was vetted 
against the terrorist screening database 
under the program; and 
‘‘(II) who believes that the person-
ally identifiable information submitted 
to the Department for such vetting by 
a covered chemical facility, or its des-
ignated representative, was inaccurate. 
‘‘(B) PERSONNEL SURETY PROGRAM IMPLE-
MENTATION.—To the extent that a risk-based 
performance standard established under sub-
section (a) requires identifying individuals with 
ties to terrorism— 
‘‘(i) a covered chemical facility may 
satisfy its obligation under the standard by 
using any Federal screening program that 
periodically vets individuals against the 
terrorist screening database, or any suc-
cessor program, including the Personnel 
Surety Program established under subpara-
graph (A); and 
‘‘(ii) the Secretary may not require a 
covered chemical facility to submit any in-
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formation about an individual unless the 
individual— 
‘‘(I) is to be vetted under the Per-
sonnel Surety Program; or 
‘‘(II) has been identified as pre-
senting a terrorism security risk. 
‘‘(3) AVAILABILITY OF INFORMATION.—The Sec-
retary shall share with the owner or operator of a 
covered chemical facility any information that the 
owner or operator needs to comply with this section. 
‘‘(e) RESPONSIBILITIES OF THE SECRETARY.— 
‘‘(1) IDENTIFICATION OF CHEMICAL FACILITIES 
OF INTEREST.—In carrying out this title, the Sec-
retary shall consult with the heads of other Federal 
agencies, States and political subdivisions thereof, rel-
evant business associations, and public and private 
labor organizations to identify all chemical facilities 
of interest. 
‘‘(2) RISK ASSESSMENT.— 
‘‘(A) IN
GENERAL.—For purposes of this 
title, the Secretary shall develop a security risk 
assessment approach and corresponding tiering 
methodology for covered chemical facilities that 
incorporates the relevant elements of risk, includ-
ing threat, vulnerability, and consequence. 
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‘‘(B) CRITERIA
FOR
DETERMINING
SECU-
RITY RISK.—The criteria for determining the se-
curity risk of terrorism associated with a covered 
chemical facility shall take into account— 
‘‘(i) relevant threat information; 
‘‘(ii) potential economic consequences 
and the potential loss of human life in the 
event of the facility being subject to a ter-
rorist attack, compromise, infiltration, or 
exploitation; and 
‘‘(iii) vulnerability of the facility to a 
terrorist attack, compromise, infiltration, or 
exploitation. 
‘‘(3) CHANGES IN TIERING.— 
‘‘(A) MAINTENANCE
OF
RECORDS.—The 
Secretary shall document the basis for each in-
stance in which— 
‘‘(i) tiering for a covered chemical fa-
cility is changed; or 
‘‘(ii) a covered chemical facility is de-
termined to no longer be subject to the re-
quirements under this title. 
‘‘(B) 
REQUIRED
INFORMATION.—The 
records maintained under subparagraph (A) 
shall include information on whether and how 
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the Secretary confirmed the information that 
was the basis for the change or determination de-
scribed in subparagraph (A). 
‘‘(4) SEMIANNUAL PERFORMANCE REPORTING.— 
Not later than 6 months after the date of enactment 
of the Protecting and Securing Chemical Facilities 
from Terrorist Attacks Act of 2014, and not less fre-
quently than once every 6 months thereafter, the Sec-
retary shall submit to the Committee on Homeland 
Security and Governmental Affairs of the Senate and 
the Committee on Homeland Security of the House of 
Representatives a report that describes, for the period 
covered by the report— 
‘‘(A) the number of covered chemical facili-
ties in the United States; 
‘‘(B) the average number of days spent re-
viewing site security or an alternative security 
program for a covered chemical facility prior to 
approval; 
‘‘(C) the number of covered chemical facili-
ties inspected; 
‘‘(D) the average number of covered chem-
ical facilities inspected per inspector; and 
‘‘(E) any other information that the Sec-
retary determines will be helpful to Congress in 
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evaluating the performance of the Chemical Fa-
cility Anti-Terrorism Standards Program. 
‘‘SEC. 2103. PROTECTION AND SHARING OF INFORMATION. 
‘‘(a) IN GENERAL.—Notwithstanding any other provi-
sion of law, information developed under this title, includ-
ing vulnerability assessments, site security plans, and other 
security related information, records, and documents shall 
be given protections from public disclosure consistent with 
the protection of similar information under section 
70103(d) of title 46, United States Code. 
‘‘(b) SHARING OF INFORMATION WITH STATES AND 
LOCAL GOVERNMENTS.—Nothing in this section shall be 
construed to prohibit the sharing of information developed 
under this title, as the Secretary determines appropriate, 
with State and local government officials possessing a need 
to know and the necessary security clearances, including 
law enforcement officials and first responders, for the pur-
pose of carrying out this title. 
‘‘(c) SHARING
OF INFORMATION WITH FIRST RE-
SPONDERS.— 
‘‘(1) REQUIREMENT.—The Secretary shall pro-
vide to State, local, and regional fusion centers (as 
that term is defined in section 210A(j)(1)) and State 
and local government officials, as the Secretary deter-
mines appropriate, such information as is necessary 
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to help ensure that first responders are properly pre-
pared and provided with the situational awareness 
needed to respond to security incidents at covered 
chemical facilities. 
‘‘(2) DISSEMINATION.—The Secretary shall dis-
seminate information under paragraph (1) through a 
medium or system determined by the Secretary to be 
appropriate to ensure the secure and expeditious dis-
semination of such information to necessary selected 
individuals. 
‘‘(d) ENFORCEMENT
PROCEEDINGS.—In any pro-
ceeding to enforce this section, vulnerability assessments, 
site security plans, and other information submitted to or 
obtained by the Secretary under this title, and related vul-
nerability or security information, shall be treated as if the 
information were classified information. 
‘‘(e) 
AVAILABILITY
OF
INFORMATION.—Notwith-
standing any other provision of law (including section 
552(b)(3) of title 5, United States Code), section 552 of title 
5, United States Code (commonly known as the ‘Freedom 
of Information Act’) shall not apply to information pro-
tected from public disclosure pursuant to subsection (a) of 
this section. 
‘‘SEC. 2104. CIVIL ENFORCEMENT. 
‘‘(a) NOTICE OF NONCOMPLIANCE.— 
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‘‘(1) NOTICE.—If the Secretary determines that a 
covered chemical facility is not in compliance with 
this title, the Secretary shall— 
‘‘(A) provide the owner or operator of the 
facility with— 
‘‘(i) not later than 14 days after date 
on which the Secretary makes the deter-
mination, a written notification of non-
compliance that includes a clear expla-
nation of any deficiency in the security vul-
nerability assessment or site security plan; 
and 
‘‘(ii) an opportunity for consultation 
with the Secretary or the Secretary’s des-
ignee; and 
‘‘(B) issue to the owner or operator of the 
facility an order to comply with this title by a 
date specified by the Secretary in the order, 
which date shall be not later than 180 days after 
the date on which the Secretary issues the order. 
‘‘(2) CONTINUED NONCOMPLIANCE.—If an owner 
or operator continues to be in noncompliance with 
this title after the date specified in an order issued 
under paragraph (1)(B), the Secretary may enter an 
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order in accordance with this section assessing a civil 
penalty, an order to cease operations, or both. 
‘‘(b) CIVIL PENALTIES.— 
‘‘(1) VIOLATIONS OF ORDERS.—Any person who 
violates an order issued under this title shall be liable 
for a civil penalty under section 70119(a) of title 46, 
United States Code. 
‘‘(2) NON-REPORTING CHEMICAL FACILITIES OF 
INTEREST.—Any owner of a chemical facility of in-
terest who fails to comply with, or knowingly submits 
false information under, this title or the CFATS regu-
lations shall be liable for a civil penalty under section 
70119(a) of title 46, United States Code. 
‘‘(c) EMERGENCY ORDERS.— 
‘‘(1) IN GENERAL.—Notwithstanding subsection 
(a) or any site security plan or alternative security 
program approved under this title, if the Secretary 
determines that there is a reasonable likelihood that 
a violation of this title or the CFATS regulations by 
a chemical facility could result in death, serious ill-
ness, 
severe 
personal 
injury, 
or 
substantial 
endangerment to the public, the Secretary may direct 
the facility, effective immediately or as soon as prac-
ticable, to— 
‘‘(A) cease some or all operations; or 
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‘‘(B) implement appropriate emergency se-
curity measures. 
‘‘(2) LIMITATION
ON
DELEGATION.—The Sec-
retary may not delegate the authority under para-
graph (1) to any official other than the Under Sec-
retary for the National Protection and Programs Di-
rectorate. 
‘‘(d) RIGHT OF ACTION.—Nothing in this title confers 
upon any person except the Secretary or his or her designee 
a right of action against an owner or operator of a covered 
chemical facility to enforce any provision of this title. 
‘‘SEC. 2105. WHISTLEBLOWER PROTECTIONS. 
‘‘(a) PROCEDURE FOR REPORTING PROBLEMS.— 
‘‘(1) ESTABLISHMENT OF A REPORTING PROCE-
DURE.—Not later than 180 days after the date of en-
actment of the Protecting and Securing Chemical Fa-
cilities from Terrorist Attacks Act of 2014, the Sec-
retary shall establish, and provide information to the 
public regarding, a procedure under which any em-
ployee or contractor of a chemical facility may sub-
mit a report to the Secretary regarding problems, de-
ficiencies, or vulnerabilities at a covered chemical fa-
cility that are associated with the risk of a chemical 
facility terrorist incident. 
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‘‘(2) CONFIDENTIALITY.—The Secretary shall 
keep confidential the identity of an individual who 
submits a report under paragraph (1) and any such 
report shall be treated as a record containing pro-
tected information to the extent that the report does 
not consist of publicly available information. 
‘‘(3) ACKNOWLEDGMENT OF RECEIPT.—If a re-
port submitted under paragraph (1) identifies the in-
dividual making the report, the Secretary shall 
promptly respond to the individual directly and shall 
promptly acknowledge receipt of the report. 
‘‘(4) STEPS TO ADDRESS PROBLEMS.—The Sec-
retary shall— 
‘‘(A) review and consider the information 
provided in any report submitted under para-
graph (1); and 
‘‘(B) take appropriate steps under this title 
if necessary to address any substantiated prob-
lems, deficiencies, or vulnerabilities associated 
with the risk of a chemical facility terrorist inci-
dent identified in the report. 
‘‘(5) RETALIATION PROHIBITED.— 
‘‘(A) IN GENERAL.—An owner or operator 
of a covered chemical facility or agent thereof 
may not discharge an employee or otherwise dis-
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criminate against an employee with respect to 
the compensation provided to, or terms, condi-
tions, or privileges of the employment of, the em-
ployee because the employee (or an individual 
acting pursuant to a request of the employee) 
submitted a report under paragraph (1). 
‘‘(B) EXCEPTION.—An employee shall not 
be entitled to the protections under this section 
if the employee— 
‘‘(i) knowingly and willfully makes 
any false, fictitious, or fraudulent statement 
or representation; or 
‘‘(ii) uses any false writing or docu-
ment knowing the writing or document con-
tains any false, fictitious, or fraudulent 
statement or entry. 
‘‘(b) PROTECTED DISCLOSURES.—Nothing in this title 
shall be construed to limit the right of an individual to 
make any disclosure— 
‘‘(1) protected or authorized under section 
2302(b)(8) or 7211 of title 5, United States Code; 
‘‘(2) protected under any other Federal or State 
law that shields the disclosing individual against re-
taliation or discrimination for having made the dis-
closure in the public interest; or 
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‘‘(3) to the Special Counsel of an agency, the in-
spector general of an agency, or any other employee 
designated by the head of an agency to receive disclo-
sures similar to the disclosures described in para-
graphs (1) and (2). 
‘‘(c) PUBLICATION
OF RIGHTS.—The Secretary, in 
partnership with industry associations and labor organiza-
tions, shall make publicly available both physically and on-
line the rights that an individual who discloses information, 
including security-sensitive information, regarding prob-
lems, deficiencies, or vulnerabilities at a covered chemical 
facility would have under Federal whistleblower protection 
laws or this title. 
‘‘(d) PROTECTED
INFORMATION.—All information 
contained in a report made under this subsection (a) shall 
be protected in accordance with section 2103. 
‘‘SEC. 2106. RELATIONSHIP TO OTHER LAWS. 
‘‘(a) OTHER FEDERAL LAWS.—Nothing in this title 
shall be construed to supersede, amend, alter, or affect any 
Federal law that regulates the manufacture, distribution in 
commerce, use, sale, other treatment, or disposal of chemical 
substances or mixtures. 
‘‘(b) STATES
AND POLITICAL SUBDIVISIONS.—This 
title shall not preclude or deny any right of any State or 
political subdivision thereof to adopt or enforce any regula-
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tion, requirement, or standard of performance with respect 
to chemical facility security that is more stringent than a 
regulation, requirement, or standard of performance issued 
under this section, or otherwise impair any right or juris-
diction of any State with respect to chemical facilities with-
in that State, unless there is an actual conflict between this 
section and the law of that State. 
‘‘SEC. 2107. CFATS REGULATIONS. 
‘‘(a) GENERAL AUTHORITY.—The Secretary may, in 
accordance with chapter 5 of title 5, United States Code, 
promulgate regulations or amend existing CFATS regula-
tions to implement the provisions under this title. 
‘‘(b) EXISTING CFATS REGULATIONS.— 
‘‘(1) IN GENERAL.—Notwithstanding section 4(b) 
of the Protecting and Securing Chemical Facilities 
from Terrorist Attacks Act of 2014, each existing 
CFATS regulation shall remain in effect unless the 
Secretary amends, consolidates, or repeals the regula-
tion. 
‘‘(2) REPEAL.—Not later than 30 days after the 
date of enactment of the Protecting and Securing 
Chemical Facilities from Terrorist Attacks Act of 
2014, the Secretary shall repeal any existing CFATS 
regulation that the Secretary determines is duplica-
tive of, or conflicts with, this title. 
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