(I) describes a specific chemical 
source or the specific vulnerabilities of 
a chemical source; and 
(II) was taken from a record de-
scribed in clause (i) or (ii) or from a 
copy of such document in possession 
of the chemical source. 
(b) PUBLIC INFORMATION.— 
(1) IN GENERAL.— 
(A) INFORMATION DISCLOSED.—Except as 
provided in subparagraph (B), the following 
records shall be made available to the public 
under section 552 of title 5, United States 
Code: 
(i) CERTIFICATIONS.—A certification 
under section 4(b)(1). 
(ii) ORDER
FOR
FAILURE
TO
COM-
PLY.—An order under section 4(b)(3). 
(iii) COMPLIANCE
CERTIFICATES.—A 
certificate of compliance under paragraph 
(2). 
(iv) OTHER ORDERS.—The identity of 
any chemical source and the owner or op-
erator of the chemical source for which any 
other order or any approval or disapproval 
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is issued under this Act, together with in-
formation identifying the applicable order, 
approval, or disapproval. 
(B) EXCEPTION.— 
(i) IN
GENERAL.—If the Secretary 
makes a specific finding and determination 
with respect to a particular chemical 
source that releasing any record described 
in subparagraph (A) regarding that chem-
ical source would increase the risk to the 
security of any chemical source, the Sec-
retary may establish a period, not to ex-
ceed 6 months, during which the record 
shall not be made available to the public 
under section 552 of title 5, United States 
Code. 
(ii) EXTENSION.—Not more than 60 
days before to the expiration of a period 
established under clause (i) (or an exten-
sion of such period under this clause), the 
Secretary may extend the period for an ad-
ditional period not to exceed 6 months if 
the Secretary makes a specific finding and 
determination with respect to a particular 
chemical source that releasing any record 
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described in subparagraph (A) regarding 
that chemical source would increase the 
risk to the security of any chemical source. 
(iii) NOTICE
TO
GAO.—If the Sec-
retary determines not to allow a record to 
be made available to the public under 
clause (i) or extends the period of non-
disclosure under clause (ii), the Secretary 
shall submit to the Comptroller General of 
the United States, for inclusion and eval-
uation in the reports under section 12, a 
detailed statement— 
(I) 
identifying 
the 
chemical 
source; 
(II) describing the record; 
(III) explaining the basis for the 
Secretary’s determination; and 
(IV) 
describing 
any 
security 
measures being implemented by the 
chemical source. 
(2) CERTIFICATION
OF
COMPLIANCE.—When 
the Secretary determines that a chemical source is 
in compliance with the requirements of this Act, the 
Secretary shall issue and make available for public 
inspection a certificate of approval that contains the 
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following statement: ‘‘llll (chemical source 
name) llll is in compliance with the Chemical 
Facility Anti-Terrorism Act of 2006.’’. 
(3) REPORT
TO
CONGRESS.—Not less fre-
quently than once each year, the Secretary shall sub-
mit to Congress a public report on the performance 
of chemical sources under the Act, in the aggregate, 
including a description of common problems, solu-
tions, and industry best practices. 
(c) DEVELOPMENT OF PROTOCOLS.— 
(1) IN GENERAL.—The Secretary, in consulta-
tion with the Director of the Office of Management 
and Budget and appropriate Federal law enforce-
ment and intelligence officials and in a manner con-
sistent with existing protections for sensitive or clas-
sified information, shall, by regulation, establish con-
fidentiality protocols for maintenance and use of 
records described in paragraphs (1)(B), (2)(C), and 
(3)(B) of subsection (a). 
(2) REQUIREMENTS
FOR
PROTOCOLS.—The 
protocols established under paragraph (1) shall en-
sure, to the maximum extent practicable, that— 
(A) the records shall be maintained in a 
secure location; and 
(B) access to records shall be limited— 
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(i) as may be necessary to— 
(I) enable enforcement of this 
Act; or 
(II) address an imminent and 
substantial threat to security, health, 
safety, or the environment; 
(ii) to State or local law enforcement 
officials, first responders, or other State or 
local government officials granted access to 
records for the purpose of carrying out this 
Act; and 
(iii) to other persons granted access 
for the purpose of carrying out this Act. 
(3) OTHER PROCEDURES IN PROTOCOLS.—The 
protocols established under paragraph (1) shall 
also— 
(A) provide for the labeling of any record 
described in paragraph (1)(B), (2)(C), or 
(3)(B) of subsection (a), to enable the sensitive 
information in such record to be traced back to 
the specific document from which the informa-
tion was derived; 
(B) accommodate the making of disclo-
sures under sections 2302(b)(8) and 7211 of 
title 5, United States Code, and provide guid-
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ance to employees as to how to make such dis-
closures without compromising security; 
(C) include procedures applicable to a re-
quest under section 552 of title 5, United 
States Code, requiring that any portion of a 
record that reasonably may be separated shall 
be provided to a person requesting the record 
after redaction of any portion that is exempt 
from disclosure; 
(D) establish procedures by which a record 
described in paragraph (1)(B), (2)(C), or 
(3)(B) of subsection (a) may become subject to 
the requirements regarding public disclosure 
under section 552 of title 5, United States 
Code, when, because of changed circumstances 
or the passage of time, disclosure of the record 
would not be detrimental to the security of a 
chemical source. 
(d) PROCESS FOR REPORTING PROBLEMS.— 
(1) ESTABLISHMENT OF A REPORTING PROC-
ESS.—The Secretary shall establish, and provide in-
formation to the public regarding, a process by 
which any person may submit a report to the Sec-
retary 
regarding 
problems, 
deficiencies, 
or 
vulnerabilities at a chemical source. 
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(2) CONFIDENTIALITY.—The Secretary shall 
keep confidential the identity of a person who sub-
mits a report under paragraph (1) and any such re-
port shall be treated as a record described in sub-
section (a)(1)(B), to the extent that it does not con-
sist of publicly available information. 
(3) ACKNOWLEDGMENT OF RECEIPT.—If a re-
port submitted under paragraph (1) identifies the 
person making the report, the Secretary shall re-
spond promptly to such person and acknowledge re-
ceipt of the report. 
(4) STEPS TO ADDRESS PROBLEMS.—The Sec-
retary shall review and consider the information pro-
vided in any report submitted under paragraph (1) 
and shall take whatever steps the Secretary deter-
mines appropriate to address any problems, defi-
ciencies, or vulnerabilities identified. 
(5) RETALIATION PROHIBITED.—No employer 
may discharge any employee or otherwise discrimi-
nate against any employee with respect to the com-
pensation to, or terms, conditions, or privileges of 
the employment of, such employee because the em-
ployee (or a person acting pursuant to a request of 
the employee) made a report under paragraph (1). 
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(6) GAO REPORTING.—The Comptroller Gen-
eral of the United States shall, in the reports under 
section 12— 
(A) describe the number and type of prob-
lems, deficiencies, and vulnerabilities reported 
on under this subsection; and 
(B) evaluate the Secretary’s efforts in ad-
dressing 
such 
problems, 
deficiencies, 
and 
vulnerabilities. 
(e) PROTECTED DISCLOSURES.—Nothing in this Act 
shall be construed to limit— 
(1) the right of an individual to make any dis-
closure— 
(A) protected or authorized under section 
2302(b)(8) or 7211 of title 5, United States 
Code; or 
(B) to the Special Counsel, the inspector 
general of an agency, or any other employee 
designated by the head of an agency to receive 
similar disclosures; or 
(2) the applicability or enforcement of sections 
818 and 820 of the Transportation, Treasury, Hous-
ing and Urban Development, the Judiciary, and 
Independent Agencies Appropriations Act, 2006 
(Public Law 109–115). 
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(f) MATERIALS NOT HELD BY AGENCIES.—Nothing 
in this Act shall be construed to limit the rights or obliga-
tions of any chemical source, any entity that is not a Fed-
eral, State, or local government agency in possession of 
a record described in paragraphs (1)(B), (2)(C), and 
(3)(B) of subsection (a), or any individual, with respect 
to the withholding or disclosure of any information or 
record held by the chemical source, entity, or individual, 
regardless of whether or not the Department has received 
or possesses similar or identical information or a similar 
or identical record. 
(g) DISCLOSURE OF INDEPENDENTLY FURNISHED 
INFORMATION.— 
(1) IN GENERAL.—Nothing in this Act shall be 
construed to affect the handling, treatment, or dis-
closure of a record or information obtained from a 
chemical source under any other law. 
(2) OTHER AUTHORITY.—Nothing in this Act 
shall be construed to affect any authority or obliga-
tion of an agency to disclose any record that the 
agency receives independently of a record that is ex-
empt under this section from the public disclosure 
requirements under section 552 of title 5, United 
States Code, regardless of whether or not the De-
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partment has an identical or similar record that is 
so exempt. 
(h) OTHER OBLIGATIONS UNAFFECTED.— 
(1) IN GENERAL.—Nothing in this section af-
fects any obligation of the owner or operator of a 
chemical source to submit or make available infor-
mation to a Federal, State, or local government 
agency under, or otherwise to comply with, any 
other law. 
(2) NO USE OF INFORMATION TO GAIN GOV-
ERNMENTAL BENEFIT.—The owner or operator of a 
chemical source may not use any record described in 
paragraph (1)(B), (2)(C), or (3)(B) of subsection 
(a) to satisfy any legal requirement or obligation 
other than a requirement under this Act or to obtain 
any grant, permit, contract, benefit (including agen-
cy forbearance, loans, or deduction or modifications 
of agency penalties or rulings) or other govern-
mental approval. 
(i) AVAILABILITY OF INFORMATION TO CONGRESS.— 
Nothing in this Act shall be construed to authorize infor-
mation to be withheld from Congress. 
(j) PENALTIES FOR UNAUTHORIZED DISCLOSURE.— 
Any officer or employee of a Federal, State, or local gov-
ernment agency who, in a manner or to an extent not au-
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thorized by law, knowingly discloses any record described 
in paragraph (1)(B), (2)(C), or (3)(B) of subsection (a) 
shall— 
(1) be imprisoned not more than 1 year, fined 
under chapter 227 of title 18, United States Code, 
or both; and 
(2) if an officer or employee of the Government, 
be removed from Federal office or employment. 
SEC. 10. STATE AND OTHER LAWS. 
(a) IN GENERAL.—Nothing in this Act shall preclude 
or deny any right of any State or political subdivision 
thereof to adopt or enforce any regulation, requirement, 
or standard of performance respecting chemical facility se-
curity that is more stringent than a regulation, require-
ment, or standard of performance in effect under this Act, 
or shall otherwise impair any right or jurisdiction of the 
States with respect to chemical facilities within such 
States unless there is an actual conflict between a provi-
sion of this Act and the law of the State. 
(b) OTHER REQUIREMENTS.—Nothing in this Act 
shall preclude or deny the right of any State or political 
subdivision thereof to adopt or enforce any regulation, re-
quirement, or standard of performance, including air or 
water pollution requirements, that are directed at prob-
lems other than reducing damage from terrorist attacks. 
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SEC. 11. CHEMICAL SECURITY REPORTING. 
Not later than 6 months after the date of enactment 
of this Act, the Secretary shall submit to the Committee 
on Homeland Security and Governmental Affairs of the 
Senate and the Committee on Homeland Security and the 
Committee on Energy and Commerce of the House of 
Representatives an update of the national strategy for the 
chemical sector required to be submitted by the Secretary 
to the Committee on Appropriations of the Senate and the 
Committee on Appropriations of the House of Representa-
tives by February 10, 2006. 
SEC. 12. REVIEW BY THE GOVERNMENT ACCOUNTABILITY 
OFFICE. 
(a) ACCESSIBILITY.—The Secretary shall provide ac-
cess to the Government Accountability Office of any docu-
ment or information required to be submitted to, gen-
erated by, or otherwise in the possession of the Depart-
ment under this Act. 
(b) REVIEW AND REPORTS.— 
(1) IN GENERAL.—Not later than January 1 of 
the first year following the calendar year in which 
the regulations are promulgated under section 
4(a)(1), and on January 1 of each year thereafter, 
the Government Accountability Office shall submit a 
report described under paragraph (2) to— 
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(A) the Committee on Homeland Security 
and Governmental Affairs of the Senate; and 
(B) the Committee on Homeland Security 
of the House of Representatives and the Com-
mittee on Energy and Commerce of the House 
of Representatives. 
(2) CONTENTS.—Each report submitted under 
paragraph (1) shall include— 
(A) a review of site security plans, vulner-
ability assessments, and emergency response 
plans under this Act; and 
(B) a determination of whether such plans 
and assessments are in compliance with this 
Act. 
SEC. 13. AUTHORIZATION OF APPROPRIATIONS. 
There are authorized to be appropriated such sums 
as are necessary to carry out this Act. 
Æ 
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