I 
115TH CONGRESS 
1ST SESSION 
H. R. 59 
To enhance the security of chemical facilities, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JANUARY 3, 2017 
Ms. JACKSON LEE introduced the following bill; which was referred to the 
Committee on Homeland Security, and in addition to the Committee on 
Energy and Commerce, for a period to be subsequently determined by the 
Speaker, in each case for consideration of such provisions as fall within 
the jurisdiction of the committee concerned 
A BILL 
To enhance the security of chemical facilities, and for other 
purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Frank Lautenberg Me-
morial Secure Chemical Facilities Act’’. 
SEC. 2. FINDINGS AND PURPOSE. 
(a) FINDINGS.—Congress finds the following: 
(1) The chemical sector of the United States 
represents a target that terrorists could exploit to 
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cause consequences, including death, injury, or seri-
ous adverse effects to human health, the environ-
ment, critical infrastructure, public health, homeland 
security, national security, and the national econ-
omy. 
(2) Small chemical facilities pose particular 
challenges to Homeland Security because they may 
lack the expertise or resources to register with the 
Department of Homeland Security’s Chemical Facil-
ity Anti-Terrorism Standards (CFATS) program. 
(3) Small chemical facilities such as the fer-
tilizer plant in the town of West Texas destroyed by 
an explosion may not have been fully compliant with 
State and Federal law. 
(4) Small chemical facilities have less physical 
security. 
(5) Chemical facilities that pose such potential 
consequences and that are vulnerable to terrorist at-
tacks must be protected. 
(6) The Secretary of Homeland Security has 
statutory authority under section 550 of the Depart-
ment of Homeland Security Appropriations Act, 
2007 (6 U.S.C. 121 note) to regulate the security 
practices at chemical facilities that are at significant 
risk of being terrorist targets. 
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(7) The Secretary of Homeland Security issued 
interim final regulations entitled the ‘‘Chemical Fa-
cility Anti-Terrorism Standards’’, which became ef-
fective on June 8, 2007. 
(b) PURPOSE.—The purpose of this Act is to modify 
and make permanent the authority of the Secretary of 
Homeland Security to regulate security practices at chem-
ical facilities. 
SEC. 3. EXTENSION, MODIFICATION, AND RECODIFICATION 
OF AUTHORITY OF SECRETARY OF HOME-
LAND SECURITY TO REGULATE SECURITY 
PRACTICES AT CHEMICAL FACILITIES. 
(a) IN GENERAL.—The Homeland Security Act of 
2002 (6 U.S.C. 101 et seq.) is amended by adding at the 
end the following: 
‘‘TITLE 
XXII—REGULATION 
OF 
SECURITY 
PRACTICES 
AT 
CHEMICAL FACILITIES 
‘‘SEC. 2201. DEFINITIONS. 
‘‘In this title: 
‘‘(1) ACADEMIC LABORATORY.—The term ‘aca-
demic laboratory’ means a facility or area owned by 
an institution of higher education (as defined under 
section 101 of the Higher Education Act of 1965 
(20 U.S.C. 1001)) or a nonprofit research institute 
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or teaching hospital that has a formal affiliation 
with an institution of higher education, including 
photo laboratories, art studios, field laboratories, re-
search farms, chemical stockrooms, and preparatory 
laboratories, where relatively small quantities of 
chemicals and other substances, as determined by 
the Secretary, are— 
‘‘(A) used on a nonproduction basis for— 
‘‘(i) teaching; 
‘‘(ii) research; or 
‘‘(iii) diagnostic purposes; and 
‘‘(B) stored and used in containers that 
are typically manipulated by 1 person. 
‘‘(2) CHEMICAL FACILITY.—The term ‘chemical 
facility’ means any facility— 
‘‘(A) at which the owner or operator of the 
facility possesses or plans to possess a sub-
stance of concern; or 
‘‘(B) that meets other risk-related criteria 
identified by the Secretary. 
‘‘(3) CHEMICAL FACILITY SECURITY PERFORM-
ANCE STANDARDS.—The term ‘chemical facility se-
curity performance standards’ means risk-based 
standards established by the Secretary under section 
2103(c). 
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‘‘(4) CHEMICAL
FACILITY
TERRORIST
INCI-
DENT.—The term ‘chemical facility terrorist inci-
dent’ means any act or attempted act of terrorism 
or terrorist incident committed at, near, or against 
a chemical facility, including such an act that in-
volves the intent to cause injury or harm or the 
threat of causing injury or harm— 
‘‘(A) the release of a substance of concern 
from a chemical facility; 
‘‘(B) the theft, misappropriation, or misuse 
of a substance of concern from a chemical facil-
ity; or 
‘‘(C) the sabotage of a chemical facility or 
a substance of concern at a chemical facility. 
‘‘(5) COVERED CHEMICAL FACILITY.—The term 
‘covered chemical facility’ means a chemical facility 
that the Secretary determines meets the criteria 
under section 2102(b)(1). 
‘‘(6) COVERED
INDIVIDUAL.—The term ‘cov-
ered individual’ means a permanent, temporary, full- 
time, or part-time employee of a covered chemical 
facility or an employee of an entity with which the 
covered chemical facility has entered into a contract 
who is performing responsibilities at the covered 
chemical facility pursuant to the contract. 
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‘‘(7) EMPLOYEE REPRESENTATIVE.—The term 
‘employee representative’ means the representative 
of a certified or recognized bargaining agent en-
gaged in a collective bargaining relationship with the 
owner or operator of a chemical facility. 
‘‘(8) ENVIRONMENT.—The term ‘environment’ 
has the meaning given the term in section 101 of the 
Comprehensive Environmental Response, Compensa-
tion, and Liability Act of 1980 (42 U.S.C. 9601). 
‘‘(9) METHOD TO REDUCE THE CONSEQUENCES 
OF A TERRORIST ATTACK.—The term ‘method to re-
duce the consequences of a terrorist attack’ means 
a measure used at a chemical facility that reduces 
or eliminates the potential consequences of a chem-
ical facility terrorist incident, including— 
‘‘(A) the elimination or reduction in the 
amount of a substance of concern possessed or 
planned to be possessed by an owner or oper-
ator of a covered chemical facility through the 
use of alternate substances, formulations, or 
processes; 
‘‘(B) the modification of pressures, tem-
peratures, or concentrations of a substance of 
concern; 
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‘‘(C) the reduction or elimination of onsite 
handling of a substance of concern through im-
provement of inventory control or chemical use 
efficiency; 
‘‘(D) increasing the physical security of the 
chemical facility; and 
‘‘(E) registering the chemical facility with 
the CFATS program. 
‘‘(10) OWNER OR OPERATOR.—The term ‘owner 
or operator’ with respect to a facility means— 
‘‘(A) the person who owns the facility; 
‘‘(B) the person who has responsibility for 
daily operation of the facility; and 
‘‘(C) the person who leases the facility. 
‘‘(11) PERSON.—The term ‘person’— 
‘‘(A) means an individual, trust, firm, joint 
stock company, corporation (including a govern-
ment corporation), partnership, association, 
State, municipality, commission, political sub-
division of a State, or interstate body; and 
‘‘(B) includes each department, agency, or 
instrumentality of the United States. 
‘‘(12) PROTECTED INFORMATION.— 
‘‘(A) IN GENERAL.—The term ‘protected 
information’ includes— 
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‘‘(i) security vulnerability assessments 
and site security plans, including any as-
sessment required under section 2111; 
‘‘(ii) portions of the following docu-
ments, records, orders, notices, or letters 
that the Secretary has determined by regu-
lation would be detrimental to chemical fa-
cility security if disclosed and that are de-
veloped by the Secretary or the owner or 
operator of a covered chemical facility for 
the purposes of this title— 
‘‘(I) documents directly related to 
the review and approval or dis-
approval of a security vulnerability as-
sessment or site security plan under 
this title by the Secretary; 
‘‘(II) documents directly related 
to an inspection or audit under this 
title; 
‘‘(III) an order, notice, commu-
nication, or letter regarding the com-
pliance of a covered chemical facility 
with this title; 
‘‘(IV) information or a document 
or record required to be provided to or 
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created by the Secretary under sub-
section (b) or (c) of section 2102; and 
‘‘(V) a document directly related 
to a security drill or training exercise, 
security threat or breach of security, 
or maintenance, calibration, or testing 
of security equipment; and 
‘‘(iii) any other information, docu-
ment, or record developed exclusively for 
the purposes of this title that the Secretary 
has determined, by rule, would, if dis-
closed, be detrimental to chemical facility 
security. 
‘‘(B) EXCLUSIONS.—The term ‘protected 
information’ does not include— 
‘‘(i) information, other than a security 
vulnerability assessment or site security 
plan, that the Secretary has determined, 
by rule, to be— 
‘‘(I) appropriate to describe com-
pliance by a chemical facility with this 
title and the implementation of this 
title by the Secretary; and 
‘‘(II) not detrimental to chemical 
facility security if disclosed; or 
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‘‘(ii) information, whether or not also 
contained in a security vulnerability assess-
ment, site security plan, or in a document, 
record, order, notice, or letter, or portion 
thereof, described in clause (ii) or (iii) of 
subparagraph (A), that is obtained from 
another source with respect to which the 
Secretary has not made a determination 
under either clause, including— 
‘‘(I) information that is required 
to be made publicly available under 
any other provision of law; and 
‘‘(II) information that a chemical 
facility has lawfully disclosed other 
than in a submission to the Secretary 
under this title. 
‘‘(13) RELEASE.—The term ‘release’ means any 
spilling, 
leaking, 
pumping, 
pouring, 
emitting, 
emptying, discharging, injecting, escaping, leaching, 
dumping, or disposing into the environment (includ-
ing the abandonment or discarding of barrels, con-
tainers, and other closed receptacles containing any 
hazardous substance or pollutant or contaminant). 
‘‘(14) STORAGE.—The term ‘storage’ means 
any location on or off site where chemicals des-
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ignated as risks may be stored that meet standards 
established by the Secretary. 
‘‘(15) DISPOSAL.—The term ‘disposal’ means 
any location on or off-site where chemicals are de-
stroyed, stored with no intent to sale, repurpose, or 
use. 
‘‘(16) DESTRUCTION.—The term ‘destruction’ 
means any process that is intended to render the 
chemical designated as a risk by the Secretary is 
rendered inert or of no further threat as defined by 
the Secretary in consultation with the State where 
the destruction takes place and Federal Environ-
mental Protection Agency rules. 
‘‘(17) 
SECURITY
VULNERABILITY
ASSESS-
MENT.—The term ‘security vulnerability assessment’ 
means 
an 
assessment 
described 
in 
section 
2103(a)(1)(B)(i). 
‘‘(18) SITE SECURITY PLAN.—The term ‘site 
security plan’ means a plan described in section 
2103(a)(1)(B)(ii). 
‘‘(19) SUBSTANCE
OF
CONCERN.—The term 
‘substance of concern’ means a chemical substance 
in quantity and form that is designated by the Sec-
retary under section 2102(a). 
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‘‘SEC. 2202. RISK-BASED DESIGNATION AND RANKING OF 
CHEMICAL FACILITIES. 
‘‘(a) SUBSTANCES OF CONCERN.— 
‘‘(1) DESIGNATION BY THE SECRETARY.—The 
Secretary may— 
‘‘(A) designate any chemical substance as 
a substance of concern; and 
‘‘(B) establish and adjust the threshold 
quantity for each chemical substance designated 
under subparagraph (A). 
‘‘(2) MATTERS FOR CONSIDERATION.—In desig-
nating a chemical substance or establishing or ad-
justing the threshold quantity for a chemical sub-
stance under paragraph (1), the Secretary shall con-
sider the potential extent of death, injury, and seri-
ous adverse effects to human health, the environ-
ment, critical infrastructure, public health, homeland 
security, national security, and the national economy 
that could result from a chemical facility terrorist 
incident involving the chemical substance. 
‘‘(b) LIST OF COVERED CHEMICAL FACILITIES.— 
‘‘(1) CRITERIA FOR LIST OF FACILITIES.—The 
Secretary may designate a chemical facility as a cov-
ered chemical facility if the Secretary determines the 
chemical facility is a sufficient security risk based 
on— 
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‘‘(A) the potential threat or likelihood that 
the chemical facility will be a target of a chem-
ical facility terrorist incident; 
‘‘(B) the potential extent and likelihood of 
death, injury, or serious adverse effects to 
human health, the environment, critical infra-
structure, public health, homeland security, na-
tional security, or the national economy that 
could result from a chemical facility terrorist 
incident at the chemical facility; and 
‘‘(C) the proximity of the chemical facility 
to large population centers. 
‘‘(2) LIST.—The Secretary shall maintain a list 
of covered chemical facilities that the Secretary des-
ignates under subparagraph (A). 
‘‘(3) SUBMISSION OF INFORMATION.—In mak-
ing a determination whether to designate a chemical 
facility as a covered chemical facility under para-
graph (1), the Secretary may require the submission 
of information from an owner or operator of a chem-
ical facility with respect to the quantities of sub-
stances of concern that the owner or operator pos-
sesses or plans to possess. 
‘‘(c) ASSIGNMENT OF COVERED CHEMICAL FACILI-
TIES TO RISK-BASED TIERS.— 
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‘‘(1) ASSIGNMENT.—The Secretary shall assign 
each covered chemical facility to 1 of 4 risk-based 
tiers, as established by the Secretary, with tier 1 
representing the highest degree of risk and tier 4 
representing the lowest degree of risk. 
‘‘(2) PROVISION OF INFORMATION.—The owner 
or operator of a covered chemical facility shall pro-
vide, at the request of the Secretary, any informa-
tion in addition to information required by the Sec-
retary under subsection (b)(3) that may be nec-
essary for the Secretary to assign the chemical facil-
ity to the appropriate tier under paragraph (1). 
‘‘(3) NOTIFICATION.— 
‘‘(A) IN
GENERAL.—Not later than 60 
days after the date on which the Secretary de-
termines that a chemical facility is a covered 
chemical facility or is no longer a covered chem-
ical facility or changes the tier assignment of a 
covered chemical facility under paragraph (1), 
the Secretary shall notify the owner or operator 
of the chemical facility of the determination or 
change. 
‘‘(B) REQUIRED INFORMATION.—A notifi-
cation made by the Secretary under subpara-
graph (A) shall include— 
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‘‘(i) the reason for the determination 
or change described in subparagraph (A); 
and 
‘‘(ii) upon the request of the owner or 
operator of a covered chemical facility— 
‘‘(I) the number of individuals at 
risk of death, injury, or severe adverse 
effects to human health as a result of 
a worst case chemical facility terrorist 
incident at the covered chemical facil-
ity; 
‘‘(II) information relating to why 
the covered chemical facility is consid-
ered critical; and 
‘‘(III) the proximity or inter-
relationship of the covered chemical 
facility to other critical infrastructure. 
‘‘(d) REQUIREMENT FOR REVIEW.—The Secretary— 
‘‘(1) shall periodically review— 
‘‘(A) the designation of a chemical sub-
stance as a substance of concern and the 
threshold quantity for the substance under sub-
section (a)(1); and 
‘‘(B) whether a chemical facility meets the 
criteria under subsection (b)(1); and 
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‘‘(2) may, at any time, determine whether a 
chemical facility is a covered chemical facility or 
change the tier to which the covered chemical facility 
is assigned under subsection (c)(1). 
‘‘(e) PROVISION
OF THREAT-RELATED INFORMA-
TION.—The Secretary shall provide to the owner or oper-
ator or security officer of a covered chemical facility threat 
information relating to probable threats to the covered 
chemical facility and methods that could be used in a 
chemical facility terrorist incident in order to assist the 
owner 
or 
operator 
in 
effectively 
assessing 
the 
vulnerabilities to the covered chemical facility. 
‘‘SEC. 2203. SECURITY VULNERABILITY ASSESSMENTS AND 
SITE SECURITY PLANS. 
‘‘(a) IN GENERAL.— 
‘‘(1) REQUIREMENT.—The Secretary shall— 
‘‘(A) establish standards, protocols, and 
procedures for security vulnerability assess-
ments and site security plans required for cov-
ered chemical facilities under this paragraph; 
‘‘(B) require the owner or operator of each 
covered chemical facility to— 
‘‘(i) conduct and submit to the Sec-
retary an assessment of the vulnerability of 
the covered chemical facility to a range of 
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chemical facility terrorist incidents, includ-
ing an incident that results in a worst-case 
release of a substance of concern; 
‘‘(ii) prepare, implement, and submit 
to the Secretary a site security plan for the 
covered chemical facility that addresses the 
security 
vulnerability 
assessment 
and 
meets the risk-based chemical security per-
formance standards established under sub-
section (c); 
‘‘(iii) in developing the security vul-
nerability assessment and site security 
plan, include participation by— 
‘‘(I) not less than 1 supervisory 
employee of the covered chemical fa-
cility; 
‘‘(II) not less than 1 non-
supervisory employee of the covered 
chemical facility; and 
‘‘(III) not less than 1 employee 
representative from each bargaining 
agent at the covered chemical facility, 
if any; and 
‘‘(iv) include, with the submission of 
the security vulnerability assessment and 
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the site security plan of the covered chem-
ical facility, a signed statement by the 
owner or operator of the covered chemical 
facility that certifies that the submission is 
provided to the Secretary with knowledge 
of the possible penalties under section 
2107; 
‘‘(C) set deadlines, by tier, for the comple-
tion of security vulnerability assessments and 
site security plans; 
‘‘(D) upon request, as necessary, and to 
the extent that resources permit, provide tech-
nical assistance to a covered chemical facility 
conducting a security vulnerability assessment 
or site security plan; 
‘‘(E) establish specific deadlines and re-
quirements for the submission by a covered 
chemical facility of information describing— 
‘‘(i) any change in the use by the cov-
ered chemical facility of more than a 
threshold amount of any substance of con-
cern that may affect the requirements of 
the covered chemical facility under this 
title; or 
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‘‘(ii) any material modification to the 
operations or site of the covered chemical 
facility that may affect the security vulner-
ability assessment or site security plan 
submitted by the covered chemical facility; 
‘‘(F) require the owner or operator of a 
covered chemical facility to review and resubmit 
a security vulnerability assessment or site secu-
rity plan not less frequently than once every 5 
years; 
‘‘(G) not later than 180 days after the 
date on which the Secretary receives a security 
vulnerability assessment or site security plan 
under this paragraph— 
‘‘(i) review and approve or disapprove 
the security vulnerability assessment or 
site security plan; and 
‘‘(ii) notify the covered chemical facil-
ity of the approval or disapproval; and 
‘‘(H) establish, as appropriate, modified or 
separate standards, protocols, and procedures 
for security vulnerability assessments and site 
security plans for covered chemical facilities 
that are also academic laboratories. 
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‘‘(2) 
INHERENTLY
GOVERNMENTAL
FUNC-
TION.—The approval or disapproval of a security 
vulnerability assessment or site security plan by the 
Secretary under this section is an inherently govern-
mental function. 
‘‘(b) PARTICIPATION IN PREPARATION OF SECURITY 
VULNERABILITY
ASSESSMENTS
OR
SITE
SECURITY 
PLANS.—Any person selected by the owner or operator of 
a covered chemical facility or by a certified or recognized 
bargaining agent of a covered chemical facility to partici-
pate in the development of the security vulnerability as-
sessment or site security plan for the covered chemical fa-
cility shall be permitted to participate if the person pos-
sesses knowledge, experience, training, or education rel-
evant to the portion of the security vulnerability assess-
ment or site security plan on which the person is partici-
pating. 
‘‘(c) FELLOWSHIPS TO SMALL CHEMICAL FACILITIES 
TO PARTICIPATE IN PREPARATION OF SECURITY VUL-
NERABILITY ASSESSMENTS OR SITE SECURITY PLANS.— 
Any person selected by the owner or operator of a covered 
chemical facility that is designated as a ‘small chemical 
facility’ by the Secretary of Homeland Security that pro-
duces, stores, processes or transports chemicals designated 
as a ‘risk’ by the Secretary, shall qualify for assistance 
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to receive training, technical assistance and logistical sup-
port to meet the requirements set forth by the Secretary 
of a secure facility or other criteria as designated by the 
Secretary. 
‘‘(d) CHEMICAL FACILITY SECURITY PERFORMANCE 
STANDARDS.—The Secretary shall establish risk-based 
performance standards to ensure or enhance the security 
of a covered chemical facility against a chemical facility 
terrorist incident that are designed to address— 
‘‘(1) restricting the area perimeter of the cov-
ered chemical facility; 
‘‘(2) securing site assets; 
‘‘(3) screening and controlling access to the cov-
ered chemical facility and to restricted areas within 
the covered chemical facility by screening or inspect-
ing individuals and vehicles as they enter, includ-
ing— 
‘‘(A) measures to deter the unauthorized 
introduction of dangerous substances and de-
vices that may facilitate a chemical facility ter-
rorist incident or actions having serious nega-
tive consequences for the population sur-
rounding the covered chemical facility; and 
‘‘(B) measures implementing a regularly 
updated identification system that checks the 
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identification of covered chemical facility per-
sonnel and other persons seeking access to the 
covered chemical facility and that discourages 
abuse through established disciplinary meas-
ures; 
‘‘(4) methods to deter, detect, and delay a 
chemical facility terrorist incident, creating sufficient 
time between detection of a chemical facility ter-
rorist incident and the point at which the chemical 
facility terrorist incident becomes successful, includ-
ing measures to— 
‘‘(A) deter vehicles from penetrating the 
perimeter of the covered chemical facility, gain-
ing unauthorized access to restricted areas, or 
otherwise presenting a hazard to potentially 
critical targets; 
‘‘(B) deter chemical facility terrorist inci-
dents through visible, professional, well-main-
tained security measures and systems, includ-
ing— 
‘‘(i) security personnel; 
‘‘(ii) detection systems; 
‘‘(iii) barriers and barricades; and 
‘‘(iv) hardened or reduced value tar-
gets; 
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‘‘(C) detect chemical facility terrorist inci-
dents at early stages through— 
‘‘(i) counter-surveillance at the site of 
the covered chemical facility; 
‘‘(ii) frustration of opportunity to ob-
serve potential targets; 
‘‘(iii) site surveillance and sensing sys-
tems; and 
‘‘(iv) barriers and barricades; and 
‘‘(D) delay a chemical facility terrorist in-
cident for a sufficient period of time so as to 
allow appropriate response through— 
‘‘(i) onsite security response; 
‘‘(ii) barriers and barricades; 
‘‘(iii) hardened targets; and 
‘‘(iv) well-coordinated response plan-
ning; 
‘‘(5) securing and monitoring the shipping, re-
ceipt, and storage of a substance of concern for the 
covered chemical facility; 
‘‘(6) deterring theft or diversion of a substance 
of concern; 
‘‘(7) deterring insider sabotage; 
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‘‘(8) deterring cyber sabotage, including by pre-
venting unauthorized onsite or remote access to crit-
ical process controls, including— 
‘‘(A) supervisory control and data acquisi-
tion systems; 
‘‘(B) distributed control systems; 
‘‘(C) process control systems; 
‘‘(D) industrial control systems; 
‘‘(E) critical business systems; and 
‘‘(F) other sensitive computerized systems; 
‘‘(9) developing and conducting exercises of an 
internal emergency plan for owners, operators, and 
covered individuals for a covered chemical facility for 
responding to chemical facility terrorist incidents at 
the covered chemical facility, including providing ap-
propriate information to any local emergency plan-
ning committee, State emergency response commis-
sion, local law enforcement officials, and emergency 
response providers to ensure an effective, collective 
response to terrorist incidents; 
‘‘(10) maintaining effective monitoring, commu-
nications, and warning systems, including— 
‘‘(A) measures designed to ensure that se-
curity systems and equipment are in good work-
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ing order and inspected, tested, calibrated, and 
otherwise maintained; 
‘‘(B) measures designed to regularly test 
security systems, note deficiencies, correct for 
detected deficiencies, and record results so that 
the results are available for inspection by the 
Secretary; and 
‘‘(C) measures to allow the chemical facil-
ity to promptly identify and respond to security 
system and equipment failures or malfunctions; 
‘‘(11) ensuring mandatory annual security 
training, exercises, and drills of covered chemical fa-
cility personnel appropriate to their roles, respon-
sibilities, and access to a substance of concern, in-
cluding participation by local law enforcement agen-
cies, and local emergency response providers, and 
appropriate supervisory and nonsupervisory facility 
employees and employee representatives, if any; 
‘‘(12) performing personnel surety for individ-
uals with access to restricted areas or critical assets 
by conducting appropriate background checks and 
ensuring appropriate credentials for unescorted visi-
tors and covered chemical facility personnel, includ-
ing permanent and part-time personnel, temporary 
personnel, and contract personnel, including— 
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‘‘(A) measures designed to verify and vali-
date identity; 
‘‘(B) measures designed to check criminal 
history; 
‘‘(C) measures designed to verify and vali-
date legal authorization to work; and 
‘‘(D) measures designed to identify individ-
uals with terrorist ties; 
‘‘(13) escalating the level of protective measures 
for periods of elevated threat; 
‘‘(14) specific threats, vulnerabilities, or risks 
identified by the Secretary for the covered chemical 
facility; 
‘‘(15) reporting of significant security incidents 
to the Secretary and to appropriate local law en-
forcement officials; 
‘‘(16) identifying, investigating, reporting, and 
maintaining records of significant security incidents 
and suspicious activities at or near the covered 
chemical facility; 
‘‘(17) establishing one or more officials and an 
organization responsible for— 
‘‘(A) security; 
‘‘(B) compliance with the standards estab-
lished under this subsection; 
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‘‘(C) serving as the point of contact for in-
cident management purposes with Federal 
agencies, agencies of State or local government 
(including law enforcement agencies), and emer-
gency response providers; and 
‘‘(D) coordination with Federal agencies, 
agencies of State or local government (including 
law enforcement agencies), and emergency re-
sponse providers regarding plans and security 
measures for the collective response to a chem-
ical facility terrorist incident; 
‘‘(18) maintaining appropriate records relating 
to the security of the covered chemical facility, in-
cluding a copy of the most recent security vulner-
ability assessment and site security plan, at the cov-
ered chemical facility; 
‘‘(19) assessing and, as appropriate, using 
methods to reduce the consequences of a terrorist 
attack; 
‘‘(20) methods to recover or mitigate the re-
lease of a substance of concern in the event of a 
chemical facility terrorist incident; 
‘‘(21) methods to mitigate the risks of exposure 
to chemical agents by maintaining an adequate sup-
ply of equipment and products to provide for decon-
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tamination procedures designed to neutralize the 
chemical agents; and 
‘‘(22) any additional security performance 
standards the Secretary may specify. 
‘‘(e) RISK-BASED CHEMICAL SECURITY PERFORM-
ANCE STANDARDS.— 
‘‘(1) IN GENERAL.—The Secretary shall estab-
lish risk-based chemical security performance stand-
ards for the site security plans required to be sub-
mitted by covered chemical facilities under sub-
section (a). 
‘‘(2) REQUIREMENTS.—In establishing the risk- 
based chemical security performance standards 
under paragraph (1), the Secretary shall— 
‘‘(A) require separate and, as appropriate, 
increasingly stringent risk-based chemical secu-
rity performance standards for site security 
plans as the level of risk associated with the 
tier increases; and 
‘‘(B) permit each covered chemical facility 
that submits a site security plan to select a 
combination of security measures that satisfy 
the risk-based chemical security performance 
standards established by the Secretary under 
this subsection. 
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‘‘(f) COLLOCATED CHEMICAL FACILITIES.—The Sec-
retary may allow an owner or operator of a covered chem-
ical facility that is located geographically close, as deter-
mined by the Secretary, to another covered chemical facil-
ity to develop and implement coordinated security vulner-
ability assessments and site security plans. 
‘‘(g) ALTERNATE SECURITY PROGRAMS AS COMPO-
NENT OF SECURITY VULNERABILITY ASSESSMENT AND 
SITE SECURITY PLAN.— 
‘‘(1) ACCEPTANCE OF PROGRAM.—At the re-
quest of an owner or operator of a covered chemical 
facility, the Secretary may accept an alternate secu-
rity program submitted by the owner or operator as 
a component of the security vulnerability assessment 
or site security plan required under this section, if 
the Secretary determines that the alternate security 
program, in combination with other components of 
the security vulnerability assessment and site secu-
rity plan submitted by the owner or operator of the 
covered chemical facility— 
‘‘(A) meets the requirements under this 
title and the regulations promulgated under this 
title; 
‘‘(B) provides the level of security that is 
equivalent to the level of security required 
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under this title and the regulations promulgated 
under this title; and 
‘‘(C) includes employee participation as re-
quired under subsection (a)(1)(B)(iii). 
‘‘(2) SECRETARIAL REVIEW REQUIRED.—Noth-
ing in this subsection shall relieve the Secretary of 
the obligation to— 
‘‘(A) review a security vulnerability assess-
ment or site security plan submitted by a cov-
ered chemical facility under this section; and 
‘‘(B) approve or disapprove the security 
vulnerability assessment or site security plan on 
an individual basis according to the deadlines 
established under subsection (a). 
‘‘(3) OBLIGATIONS OF COVERED CHEMICAL FA-
CILITY
UNAFFECTED.—Nothing in this subsection 
shall relieve a covered chemical facility of the obliga-
tion and responsibility to comply with any require-
ment under this title. 
‘‘(4) GRANTS OR TECHNICAL ASSISTANCE TO 
SMALL CHEMICAL FACILITIES.—Grants or technical 
assistance to small chemical facilities to comply with 
section 2103. Security Vulnerability Assessments 
and Site Security Plans of the bill. 
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‘‘(5) PERSONNEL
SURETY
ALTERNATE
SECU-
RITY PROGRAM.—Upon application from a nonprofit 
personnel surety accrediting organization acting on 
behalf of, and with written authorization from, the 
owner or operator of a covered chemical facility, the 
Secretary may accept a personnel surety alternate 
security program that— 
‘‘(A) meets the requirements of section 
2115; and 
‘‘(B) provides for a background check 
process that is— 
‘‘(i) expedited, affordable, reliable, 
and accurate; 
‘‘(ii) fully protective of the rights of 
covered individuals through procedures 
that are consistent with the privacy protec-
tions available under the Fair Credit Re-
porting Act (15 U.S.C. 1681 et seq.); and 
‘‘(iii) a single background check con-
sistent with a risk-based tiered program. 
‘‘(h) OTHER AUTHORITIES.— 
‘‘(1) REGULATION OF MARITIME FACILITIES.— 
‘‘(A) RISK-BASED TIERING.—The owner or 
operator of a chemical facility required to sub-
mit a facility security plan under section 
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70103(c) of title 46, United States Code, shall 
be required to submit information to the Sec-
retary necessary to— 
‘‘(i) determine whether to designate 
the chemical facility as a covered chemical 
facility; and 
‘‘(ii) assign the chemical facility to a 
risk-based tier under section 2102 of this 
title. 
‘‘(B) ADDITIONAL MEASURES.—Subject to 
subparagraph (C), in the case of a facility for 
which a facility security plan is required to be 
submitted under section 70103(c) of title 46, 
United States Code, that is designated as a cov-
ered chemical facility, the Commandant of the 
Coast Guard, after consultation with the Sec-
retary, shall require the owner or operator of 
the facility to update the security vulnerability 
assessments and facility security plans required 
under section 70103(c) of title 46, United 
States Code, if necessary, to ensure a level of 
security for substances of concern that is equiv-
alent to the level of security required by regula-
tions promulgated under this title, including the 
requirements under section 2111, in the same 
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manner as other covered chemical facilities in 
this title. 
‘‘(C) PERSONNEL SURETY.— 
‘‘(i) EXCEPTION.—The owner or oper-
ator of a covered chemical facility that has 
a facility security plan approved under sec-
tion 70103(c) of title 46, United States 
Code, shall not be required to update or 
amend the facility security plan in order to 
meet the requirements under section 2115 
of this title. 
‘‘(ii) EQUIVALENT ACCESS.—An indi-
vidual described in section 2115(b)(1)(B) 
who has been granted access to restricted 
areas or critical assets by the owner or op-
erator of a facility for which a facility se-
curity plan is required to be submitted 
under section 70103(c) of title 46, United 
States Code, may be considered by the 
owner or operator to have satisfied the re-
quirement for passing a security back-
ground check required under section 2115 
for purposes of granting the individual ac-
cess to restricted areas or critical assets of 
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a covered chemical facility that is owned or 
operated by the same owner or operator. 
‘‘(D) INFORMATION
SHARING
AND
PRO-
TECTION.—Notwithstanding section 70103(d) 
of title 46, United States Code, the Com-
mandant of the Coast Guard, after consultation 
with the Secretary, shall apply the information 
sharing and protection requirements in section 
2110 of this title to a facility described in sub-
paragraph (B). 
‘‘(E) ENFORCEMENT.—The Secretary shall 
establish, by rule, procedures to ensure that an 
owner or operator of a covered chemical facility 
that is required to update the security vulner-
ability assessment and facility security plan for 
the covered chemical facility under subpara-
graph (B) is in compliance with this title. 
‘‘(F) FORMAL
AGREEMENT.—The Sec-
retary shall— 
‘‘(i) require the Office of Infrastruc-
ture Protection and the Coast Guard to 
enter into a formal agreement detailing the 
respective roles and responsibilities of the 
Office of Infrastructure Protection and the 
Coast Guard in carrying out this title, 
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which shall ensure that the enforcement 
and compliance requirements under this 
title and section 70103 of title 46, United 
States Code, are not conflicting or duplica-
tive; and 
‘‘(ii) designate the agency responsible 
for enforcing this title with respect to cov-
ered chemical facilities for which facility 
security plans are required to be submitted 
under section 70103(c) of title 46, United 
States Code, consistent with the require-
ments of subparagraphs (B) and (D). 
‘‘(2) COORDINATION
OF
STORAGE
LICENSING 
OR PERMITTING REQUIREMENT.—In the case of any 
storage required to be licensed or permitted under 
chapter 40 of title 18, United States Code, the Sec-
retary shall prescribe the rules and regulations for 
the implementation of this section, with the concur-
rence of the Attorney General, and avoid unneces-
sary duplication of regulatory requirements. 
‘‘(i) ROLE OF EMPLOYEES.— 
‘‘(1) DESCRIPTION OF ROLE REQUIRED.—A site 
security plan for an owner or operator of a covered 
chemical facility shall describe the roles or respon-
sibilities that covered individuals are expected to per-
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form to deter or respond to a chemical facility ter-
rorist incident. 
‘‘(2) ANNUAL TRAINING FOR EMPLOYEES.— 
‘‘(A) IN GENERAL.—The owner or operator 
of a covered chemical facility shall annually pro-
vide each covered individual with a role or re-
sponsibility referred to in paragraph (1) at the 
covered chemical facility with not less than 8 
hours of training. 
‘‘(B) REQUIREMENTS.—The training re-
quired under subparagraph (A) shall, as rel-
evant to the role or responsibility of the covered 
individual— 
‘‘(i) include an identification and dis-
cussion of substances of concern; 
‘‘(ii) include a discussion of possible 
consequences of a chemical facility ter-
rorist incident; 
‘‘(iii) review and include exercises of 
the site security plan of the covered chem-
ical facility, including any requirements for 
differing threat levels; 
‘‘(iv) include a review of information 
protection requirements; 
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‘‘(v) include a discussion of physical 
and cyber security equipment, systems, 
and methods used to achieve chemical se-
curity performance standards; 
‘‘(vi) allow training with other rel-
evant participants, including Federal em-
ployees, employees of a State or local gov-
ernment, and emergency response pro-
viders, where appropriate; 
‘‘(vii) use national voluntary con-
sensus standards, chosen jointly with em-
ployee representatives, if any; 
‘‘(viii) allow instruction through gov-
ernment training programs, chemical facili-
ties, academic institutions, nonprofit orga-
nizations, industry and private organiza-
tions, employee organizations, and other 
relevant entities that provide such training; 
‘‘(ix) use multiple training media and 
methods; 
‘‘(x) include a discussion of appro-
priate emergency response procedures, in-
cluding procedures to mitigate the effects 
of a chemical facility terrorist incident; and 
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‘‘(xi) include review and discussion of 
methods to reduce the consequences of a 
terrorist attack that are applicable to the 
covered chemical facility. 
‘‘(3) EQUIVALENT TRAINING.—An owner or op-
erator of a covered chemical facility may satisfy the 
training requirement described in clause (i), (ii), 
(iii), (iv), (v), or (x) of subparagraph (2)(B) for a 
covered individual with roles or responsibilities under 
paragraph (1) through training that the owner or 
operator certifies is equivalent, in a manner pre-
scribed by the Secretary. 
‘‘(4) WORKER TRAINING GRANT PROGRAM.— 
‘‘(A) AUTHORITY.—The Secretary may 
make grants to, and enter into cooperative 
agreements with, eligible entities to provide for 
the training and education of— 
‘‘(i) covered individuals with roles or 
responsibilities described in paragraph (1); 
and 
‘‘(ii) emergency response providers 
who would respond to a chemical facility 
terrorist incident. 
‘‘(B) ADMINISTRATION.—The Secretary 
shall seek to enter into an agreement with the 
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Director of the National Institute for Environ-
mental Health Sciences, or with the head of an-
other Federal or State agency, to make and ad-
minister grants or cooperative agreements 
under this paragraph. 
‘‘(C) USE OF FUNDS.—Amounts provided 
under this paragraph shall be used to provide 
for the training and education of covered indi-
viduals with roles or responsibilities described in 
paragraph (1) and emergency response pro-
viders, including— 
‘‘(i) the annual mandatory training 
specified in paragraph (2); and 
‘‘(ii) other appropriate training to 
protect nearby persons, property, critical 
infrastructure, or the environment from 
the effects of a chemical facility terrorist 
incident. 
‘‘(D) ELIGIBLE ENTITIES.—In this para-
graph, the term ‘eligible entity’ means a non-
profit organization with demonstrated experi-
ence in implementing and operating successful 
health and safety or security training programs 
for employees or emergency response providers. 
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‘‘(E) PRESUMPTION OF CONGRESS RELAT-
ING TO COMPETITIVE PROCEDURES.— 
‘‘(i) PRESUMPTION.—It is the pre-
sumption of Congress that grants awarded 
under this paragraph will be awarded 
using competitive procedures based on 
merit. 
‘‘(ii) REPORT TO CONGRESS.—If the 
Secretary awards grants under this para-
graph without using competitive proce-
dures, the Secretary shall submit to Con-
gress a report explaining why competitive 
procedures were not used. 
‘‘(j) STATE, REGIONAL, OR LOCAL GOVERNMENTAL 
ENTITIES.—A covered chemical facility may not be re-
quired under the law of a State or local government to 
provide a security vulnerability assessment or site security 
plan to any entity of a State, regional government, or local 
government entity solely based on the requirement under 
subsection (a) that the covered chemical facility submit a 
security vulnerability assessment or site security plan to 
the Secretary. 
‘‘SEC. 2204. SITE INSPECTIONS. 
‘‘(a) RIGHT OF ENTRY.—For purposes of carrying 
out this title, the Secretary, accompanied by a designated 
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local or State official, shall have, at a reasonable time and 
on presentation of credentials, a right of entry to, on, or 
through any property of a covered chemical facility or any 
property on which any record required to be maintained 
under this section is located. 
‘‘(b) INSPECTIONS AND VERIFICATIONS.— 
‘‘(1) IN
GENERAL.—The Secretary shall, at 
such time and place as the Secretary determines to 
be reasonable and appropriate, conduct security in-
spections and verifications of a covered chemical fa-
cility. 
‘‘(2) REQUIREMENTS.—To ensure and evaluate 
compliance with this title, including any regulations 
or requirements adopted by the Secretary in further-
ance of the purposes of this title, in conducting an 
inspection or verification under paragraph (1), the 
Secretary shall have access to the owners, operators, 
employees, and employee representatives, if any, of 
a covered chemical facility. 
‘‘(c) UNANNOUNCED INSPECTIONS.— 
‘‘(1) IN GENERAL.—In addition to any inspec-
tion conducted under subsection (b), the Secretary 
shall conduct unannounced facility inspections of 
covered chemical facilities assigned to tier 1 or tier 
2 under section 2102(c)(1). 
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‘‘(2) REQUIREMENTS.—The inspections re-
quired under this subsection shall be— 
‘‘(A) conducted without prior notice to the 
owner, operator, or any employee of the covered 
chemical facility; 
‘‘(B) designed to evaluate at the covered 
chemical facility undergoing inspection— 
‘‘(i) the ability of the covered chemical 
facility to prevent a chemical facility ter-
rorist incident that the site security plan of 
the covered chemical facility is intended to 
prevent; 
‘‘(ii) the ability of the covered chem-
ical facility to protect against security 
threats that are required to be addressed 
by the site security plan of the covered 
chemical facility; and 
‘‘(iii) any weaknesses in the site secu-
rity plan of the covered chemical facility; 
‘‘(C) conducted so as not to affect the ac-
tual security, physical integrity, safety, or reg-
ular operations of the covered chemical facility 
or the employees of the covered chemical facility 
while the inspection is conducted; and 
‘‘(D) conducted— 
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‘‘(i) every 2 years in the case of a cov-
ered chemical facility assigned to tier 1; 
and 
‘‘(ii) every 4 years in the case of a 
covered chemical facility assigned to tier 2. 
‘‘(3) POST-INSPECTION
NOTICE.—After con-
ducting an unannounced inspection of a facility 
under this subsection, the Secretary shall provide 
post-inspection notice to a designated local or State 
office with oversight responsibility for that facility. 
‘‘(d) CHEMICAL FACILITY INSPECTORS AUTHOR-
IZED.—During fiscal years 2015 and 2016, and subject 
to the availability of appropriations, the Secretary shall 
increase by not less than 100 the total number of chemical 
facility inspectors within the Department to ensure com-
pliance with this title. 
‘‘(e) CONFIDENTIAL COMMUNICATIONS.—The Sec-
retary shall offer nonsupervisory employees of a covered 
chemical facility the opportunity to confidentially commu-
nicate information relevant to the compliance or non-
compliance of the employer with this title, including com-
pliance or noncompliance with any regulation or require-
ment adopted by the Secretary under this title. 
‘‘(f) RIGHT TO ACCOMPANY DURING PHYSICAL IN-
SPECTION.—If a representative of the owner or operator 
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of a covered chemical facility will accompany the Secretary 
on a physical inspection of the covered chemical facility, 
an employee representative of each certified or recognized 
bargaining agent at the covered chemical facility, if any, 
or, if none, a nonsupervisory employee, shall be offered 
the opportunity to accompany the Secretary during the 
physical inspection to aid in the inspection. 
‘‘SEC. 2205. RECORDS. 
‘‘(a) REQUEST FOR RECORDS.—For purposes of car-
rying out this title, the Secretary may require submission 
of, or upon presentation of credentials and at reasonable 
times may obtain access to and copy, any records, includ-
ing any records maintained in electronic format, necessary 
for reviewing or analyzing a security vulnerability assess-
ment, or site security plan submitted under section 2103, 
or for assessing the implementation of a site security plan. 
‘‘(b) PROPER HANDLING OF RECORDS.—The Sec-
retary shall ensure that any records accessed under sub-
section (a) are handled and secured appropriately in ac-
cordance with section 2110. 
‘‘SEC. 2206. TIMELY SHARING OF THREAT INFORMATION. 
‘‘(a) RESPONSIBILITIES OF SECRETARY.—Upon the 
receipt of information concerning a threat that is relevant 
to a certain covered chemical facility, the Secretary shall 
provide the information in a timely manner, to the max-
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imum extent practicable under applicable authority and in 
the interests of national security, to— 
‘‘(1) the owner, operator, or security officer of 
the covered chemical facility; 
‘‘(2) a representative of each recognized or cer-
tified bargaining agent at the covered chemical facil-
ity, if any; and 
‘‘(3) relevant authorities of State or local gov-
ernment, including the State Homeland Security Ad-
visor, if any. 
‘‘(b) RESPONSIBILITIES OF OWNER OR OPERATOR.— 
The Secretary shall require the owner or operator of a 
covered chemical facility to provide to the Secretary in a 
timely manner— 
‘‘(1) information concerning— 
‘‘(A) a threat about any significant secu-
rity incident or threat to the covered chemical 
facility; or 
‘‘(B) any intentional or unauthorized pene-
tration of the physical security or cyber security 
of the covered chemical facility, whether suc-
cessful or unsuccessful; and 
‘‘(2) the local and State office with oversight 
authority over the facility. 
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‘‘SEC. 2207. ENFORCEMENT. 
‘‘(a) REVIEW OF SECURITY VULNERABILITY ASSESS-
MENT AND SITE SECURITY PLAN.— 
‘‘(1) DISAPPROVAL.—The Secretary shall dis-
approve a security vulnerability assessment or site 
security plan submitted under this title if the Sec-
retary determines that— 
‘‘(A) the security vulnerability assessment 
or site security plan does not comply with the 
standards, protocols, or procedures under sec-
tion 2103(a)(1)(A); or 
‘‘(B) in the case of a site security plan— 
‘‘(i) the site security plan or the im-
plementation of the site security plan is in-
sufficient to address vulnerabilities identi-
fied in a security vulnerability assessment, 
site inspection, or unannounced inspection 
of the covered chemical facility; or 
‘‘(ii) the site security plan fails to 
meet all applicable chemical facility secu-
rity performance standards. 
‘‘(2) NOTIFICATION OF DISAPPROVAL.—If the 
Secretary disapproves the security vulnerability as-
sessment or site security plan submitted by a cov-
ered chemical facility under this title or the imple-
mentation of a site security plan by a covered chem-
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vulnerability assessment, site security plan, or imple-
mentation of the site security plan for the covered 
chemical facility by such date as designated by the 
Secretary, the Secretary may— 
‘‘(A) after providing notice to the owner or 
operator and an opportunity, in accordance 
with the regulations issued under this title, for 
the owner or operator to seek review by the De-
partment of the determination of the Secretary, 
issue an order assessing an administrative pen-
alty of not more than $25,000 for each day be-
fore, on, or after the date of the order that the 
violation occurs or for each day after the date 
of the order that a failure to comply continues, 
requiring compliance immediately or within a 
specified time period, or both; or 
‘‘(B) in a civil action, obtain appropriate 
equitable relief, a civil penalty of not more than 
$25,000 for each day before, on, or after the 
date of the order that the violation occurs or for 
each day after the date of the order that a fail-
ure to comply continues, or both. 
‘‘(2) ORDER
TO
CEASE
OPERATIONS.—If the 
Secretary determines that an owner or operator of 
a covered chemical facility continues to be in non-
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compliance after an order for compliance is issued 
under paragraph (1), the Secretary may issue an 
order to the owner or operator to cease operations 
at the covered chemical facility until the Secretary 
determines the owner or operator is in compliance. 
‘‘(c) APPLICABILITY
OF
PENALTIES.—A penalty 
under subsection (b)(1) may be imposed for any violation 
of this title, including a violation of the whistleblower pro-
tections under section 2108. 
‘‘SEC. 2208. WHISTLEBLOWER PROTECTIONS. 
‘‘(a) ESTABLISHMENT.— 
‘‘(1) IN GENERAL.—The Secretary shall estab-
lish and provide information to the public regarding 
a process by which an individual may submit a re-
port to the Secretary regarding problems, defi-
ciencies, or vulnerabilities at a covered chemical fa-
cility associated with the risk of a chemical facility 
terrorist incident. 
‘‘(2) CONFIDENTIALITY.— 
‘‘(A) IN
GENERAL.—The Secretary shall 
keep confidential the identity of any individual 
who submits a report under this subsection. 
‘‘(B) COMPLIANCE WITH SECTION 2110.—A 
report submitted under this subsection shall be 
treated as protected information under section 
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2110 to the extent that the report does not con-
sist of publicly available information. 
‘‘(3) ACKNOWLEDGMENT OF RECEIPT.—If a re-
port submitted under this subsection identifies the 
individual submitting the report, the Secretary shall 
respond promptly to the individual to acknowledge 
receipt of the report. 
‘‘(4) STEPS TO ADDRESS PROBLEMS.—The Sec-
retary shall— 
‘‘(A) review and consider the information 
provided in a report submitted under this sub-
section; and 
‘‘(B) as necessary, take appropriate steps 
under this title to address any problem, defi-
ciency, or vulnerability identified in the report. 
‘‘(b) RETALIATION PROHIBITED.— 
‘‘(1) PROHIBITION.—An owner or operator of a 
covered chemical facility, for-profit or nonprofit cor-
poration, association, or any contractor, subcon-
tractor or agent thereof, may not discharge an em-
ployee or otherwise discriminate against an employee 
with respect to compensation of the employee, terms, 
conditions, or other privileges of employment be-
cause the employee (or any individual acting on be-
half of the employee)— 
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‘‘(A) notified the Secretary, the owner or 
operator of a covered chemical facility, or the 
employer of the employee of an alleged violation 
of this title, including notification of such an al-
leged violation through communications related 
to carrying out the job duties of the employee; 
‘‘(B) refused to participate in any conduct 
that the employee reasonably believes is in non-
compliance with a requirement under this title, 
if the employee has identified the alleged non-
compliance to the employer; 
‘‘(C) testified before or otherwise provided 
information relevant for Congress or for any 
Federal or State proceeding regarding any pro-
vision (or proposed provision) of this title; 
‘‘(D) commenced, caused to be commenced, 
or is about to commence or cause to be com-
menced a proceeding under this title; 
‘‘(E) testified, or is about to testify, in a 
proceeding under this title; or 
‘‘(F) assisted or participated, or is about 
to assist or participate, in any manner in a pro-
ceeding under this title or in any other action 
to carry out the purposes of this title. 
‘‘(2) ENFORCEMENT ACTION.— 
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‘‘(A) IN GENERAL.—An employee covered 
by this section who alleges discrimination by an 
employer in violation of paragraph (1) may 
bring an action governed by the rules and pro-
cedures, legal burdens of proof, and remedies 
applicable under subsections (d) through (h) of 
section 20109 of title 49, United States Code. 
‘‘(B) DISTRICT COURT REVIEW.—An em-
ployee who brings an action under subpara-
graph (A) may seek review by a district court 
of the United States as set forth in subsection 
(d)(3) of section 20109 of title 49, United 
States Code, not later than 90 days after re-
ceiving a written final determination by the 
Secretary of Labor. 
‘‘(3) PROHIBITED PERSONNEL PRACTICES AF-
FECTING THE DEPARTMENT.— 
‘‘(A) IN GENERAL.—Notwithstanding any 
other provision of law, an individual holding or 
applying for a position within the Department 
shall be covered by— 
‘‘(i) paragraphs (1), (8), and (9) of 
section 2302(b) of title 5, United States 
Code; 
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‘‘(ii) any provision of law imple-
menting paragraph (1), (8), or (9) of sec-
tion 2302(b) of title 5, United States 
Code, by providing any right or remedy 
available to an employee or applicant for 
employment in the civil service; and 
‘‘(iii) any rule or regulation prescribed 
under paragraph (1), (8), or (9) of section 
2302(b) of title 5, United States Code. 
‘‘(B) RULE OF CONSTRUCTION.—Nothing 
in this paragraph shall be construed to affect 
any rights, apart from those referred to in sub-
paragraph (A), to which an individual described 
in subparagraph (A) might otherwise be enti-
tled to under law. 
‘‘SEC. 2209. FEDERAL PREEMPTION. 
‘‘This title does not preclude or deny any right of any 
State or unit of local government to adopt or enforce any 
regulation, requirement, or standard of performance with 
respect to a covered chemical facility that is more strin-
gent than a regulation, requirement, or standard of per-
formance issued under this title, or otherwise impair any 
right or jurisdiction of any State or unit of local govern-
ment with respect to covered chemical facilities within the 
State or unit of local government. 
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‘‘SEC. 2210. PROTECTION OF INFORMATION. 
‘‘(a) PROHIBITION OF PUBLIC DISCLOSURE OF PRO-
TECTED INFORMATION.—Protected information— 
‘‘(1) shall be exempt from disclosure under sec-
tion 552 of title 5, United States Code; and 
‘‘(2) shall not be made available under the law 
of any State or local government requiring disclosure 
of information or records. 
‘‘(b) INFORMATION SHARING.— 
‘‘(1) IN
GENERAL.—The Secretary shall pre-
scribe such regulations, and may issue such orders, 
as necessary to prohibit the unauthorized disclosure 
of protected information. 
‘‘(2) SHARING OF PROTECTED INFORMATION.— 
‘‘(A) IN GENERAL.—The regulations pre-
scribed under paragraph (1) shall provide 
standards for and facilitate the appropriate 
sharing of protected information with and be-
tween— 
‘‘(i) Federal agencies and agencies of 
State and local governments; 
‘‘(ii) emergency response providers; 
‘‘(iii) law enforcement officials; 
‘‘(iv) designated supervisory and non-
supervisory covered chemical facility per-
sonnel with security, operational, or fidu-
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ciary responsibility for the covered chem-
ical facility; and 
‘‘(v) designated employee representa-
tives for a covered chemical facility, if any. 
‘‘(B) REQUIREMENTS.—The standards re-
quired to be established under subparagraph 
(A) shall include procedures for the sharing of 
all portions of a security vulnerability assess-
ment or site security plan of a covered chemical 
facility relating to the roles and responsibilities 
of covered individuals under section 2103(h)(1) 
with a representative of each certified or recog-
nized bargaining agent representing the covered 
individuals, if any, or, if none, with not less 
than 1 supervisory and not less than 1 non-
supervisory employee with roles or responsibil-
ities under section 2103(h)(1). 
‘‘(C) PENALTIES.— 
‘‘(i) IN
GENERAL.—Protected infor-
mation shall not be shared except in ac-
cordance with the standards provided by 
the regulations prescribed under paragraph 
(1). 
‘‘(ii) KNOWING VIOLATION.—Any per-
son that discloses protected information in 
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knowing violation of the regulations issued 
under paragraph (1) shall— 
‘‘(I) be fined under title 18, 
United States Code, imprisoned for 
not more than 1 year, or both; and 
‘‘(II) in the case of a Federal of-
ficeholder or employee, removed from 
Federal office or employment. 
‘‘(c) TREATMENT OF INFORMATION IN ADJUDICA-
TIVE PROCEEDINGS.—In any judicial or administrative 
proceeding, protected information shall be treated in a 
manner consistent with the treatment of sensitive security 
information under section 525 of the Department of 
Homeland Security Appropriations Act, 2007 (Public Law 
109–295; 120 Stat. 1381). 
‘‘(d) OTHER OBLIGATIONS UNAFFECTED.—Except 
as provided in section 2103(i), nothing in this section af-
fects any obligation of the owner or operator of a chemical 
facility under any other law to submit or make available 
information required by such other law to— 
‘‘(1) employees of the chemical facility; 
‘‘(2) employee organizations; 
‘‘(3) health professionals; 
‘‘(4) emergency response organizations; or 
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‘‘(5) the Federal Government or a State or local 
government. 
‘‘(e) SUBMISSION OF INFORMATION TO CONGRESS.— 
Nothing in this title shall permit or authorize the with-
holding of information from Congress or any committee 
or subcommittee thereof. 
‘‘(f) DISCLOSURE OF INDEPENDENTLY FURNISHED 
INFORMATION.—Nothing in this title shall affect any au-
thority or obligation of a Federal agency or agency of a 
State or local government to protect or disclose any record 
or information that the agency obtains from a chemical 
facility under any other law. 
‘‘SEC. 2211. METHODS TO REDUCE THE CONSEQUENCES OF 
A TERRORIST ATTACK. 
‘‘(a) DEFINITION.—In this section, the term ‘feasible’ 
means feasible with the use of best technology, techniques, 
and other means that the Secretary finds, after examina-
tion for efficacy under operational conditions and not sole-
ly under laboratory conditions, are available for use at a 
covered chemical facility. 
‘‘(b) ASSESSMENT REQUIRED.—The site security 
plan for a covered chemical facility shall include an assess-
ment of methods to reduce the consequences of a terrorist 
attack on the covered chemical facility, including— 
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‘‘(1) a description of the methods to reduce the 
consequences of a terrorist attack implemented and 
considered for implementation by the covered chem-
ical facility; 
‘‘(2) the degree to which each method to reduce 
the consequences of a terrorist attack, if already im-
plemented, has reduced, or, if implemented, could re-
duce, the potential extent of death, injury, or serious 
adverse effects to human health resulting from a re-
lease of a substance of concern; 
‘‘(3) the technical feasibility, costs, avoided 
costs (including liabilities), personnel implications, 
savings, and applicability of implementing each 
method to reduce the consequences of a terrorist at-
tack; 
‘‘(4) any other information that the owner or 
operator of the covered chemical facility considered 
in conducting the assessment; 
‘‘(5) the design of computing systems and de-
velopment of plans, exercises, and drills to re-engage 
computing systems used in the processing, transport, 
storage of chemicals that are designed as a ‘‘risk’’ 
by the Secretary using protocols for trusted recovery 
under the worse case conditions; and 
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