S 3599 ISCommentsClose CommentsPermalink

To enhance the security of chemical facilities and for other purposes.CommentsClose CommentsPermalink

July 15, 2010CommentsClose CommentsPermalink

Mr. LAUTENBERG (for himself and Mrs. GILLIBRAND) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental AffairsCommentsClose CommentsPermalink

To enhance the security of chemical facilities and for other purposes.CommentsClose CommentsPermalink

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,CommentsClose CommentsPermalink

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘Secure Chemical Facilities Act’.CommentsClose CommentsPermalink

SEC. 2. FINDINGS AND PURPOSE.

(a) Findings- Congress finds the following:CommentsClose CommentsPermalink





(1) The chemical sector of the United States represents a target that terrorists could exploit to cause consequences, including death, injury, or serious adverse effects to human health, the environment, critical infrastructure, public health, homeland security, national security, and the national economy.CommentsClose CommentsPermalink





(2) Chemical facilities that pose such potential consequences and that are vulnerable to terrorist attacks must be protected.CommentsClose CommentsPermalink





(3) The Secretary of Homeland Security has statutory authority under section 550 of the Department 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.CommentsClose CommentsPermalink





(4) The Secretary of Homeland Security issued interim final regulations entitled the ‘Chemical Facility Anti-Terrorism Standards’, which became effective on June 8, 2007.CommentsClose CommentsPermalink





(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 chemical facilities.CommentsClose CommentsPermalink

SEC. 3. EXTENSION, MODIFICATION, AND RECODIFICATION OF AUTHORITY OF SECRETARY OF HOMELAND 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:CommentsClose CommentsPermalink

‘TITLE XXI--REGULATION OF SECURITY PRACTICES AT CHEMICAL FACILITIESCommentsClose CommentsPermalink

‘SEC. 2101. DEFINITIONS.

‘In this title:CommentsClose CommentsPermalink





‘(1) ACADEMIC LABORATORY- The term ‘academic 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 or teaching hospital that has a formal affiliation with an institution of higher education, including photo laboratories, art studios, field laboratories, research farms, chemical stockrooms, and preparatory laboratories, where relatively small quantities of chemicals and other substances, as determined by the Secretary, are--CommentsClose CommentsPermalink





‘(A) used on a nonproduction basis for--CommentsClose CommentsPermalink





‘(i) teaching;CommentsClose CommentsPermalink





‘(ii) research; orCommentsClose CommentsPermalink





‘(iii) diagnostic purposes; andCommentsClose CommentsPermalink





‘(B) stored and used in containers that are typically manipulated by 1 person.CommentsClose CommentsPermalink





‘(2) CHEMICAL FACILITY- The term ‘chemical facility’ means any facility--CommentsClose CommentsPermalink





‘(A) at which the owner or operator of the facility possesses or plans to possess a substance of concern; orCommentsClose CommentsPermalink





‘(B) that meets other risk-related criteria identified by the Secretary.CommentsClose CommentsPermalink





‘(3) CHEMICAL FACILITY SECURITY PERFORMANCE STANDARDS- The term ‘chemical facility security performance standards’ means risk-based standards established by the Secretary under section 2103(c).CommentsClose CommentsPermalink





‘(4) CHEMICAL FACILITY TERRORIST INCIDENT- The term ‘chemical facility terrorist incident’ means any act or attempted act of terrorism or terrorist incident committed at, near, or against a chemical facility, including such an act that involves--CommentsClose CommentsPermalink





‘(A) the release of a substance of concern from a chemical facility;CommentsClose CommentsPermalink





‘(B) the theft, misappropriation, or misuse of a substance of concern from a chemical facility; orCommentsClose CommentsPermalink





‘(C) the sabotage of a chemical facility or a substance of concern at a chemical facility.CommentsClose CommentsPermalink





‘(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).CommentsClose CommentsPermalink





‘(6) COVERED INDIVIDUAL- The term ‘covered 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.CommentsClose CommentsPermalink





‘(7) EMPLOYEE REPRESENTATIVE- The term ‘employee representative’ means the representative of a certified or recognized bargaining agent engaged in a collective bargaining relationship with the owner or operator of a chemical facility.CommentsClose CommentsPermalink





‘(8) ENVIRONMENT- The term ‘environment’ has the meaning given the term in section 101 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601).CommentsClose CommentsPermalink





‘(9) METHOD TO REDUCE THE CONSEQUENCES OF A TERRORIST ATTACK- The term ‘method to reduce the consequences of a terrorist attack’ means a measure used at a chemical facility that reduces or eliminates the potential consequences of a chemical facility terrorist incident, including--CommentsClose CommentsPermalink





‘(A) the elimination or reduction in the amount of a substance of concern possessed or planned to be possessed by an owner or operator of a covered chemical facility through the use of alternate substances, formulations, or processes;CommentsClose CommentsPermalink





‘(B) the modification of pressures, temperatures, or concentrations of a substance of concern; andCommentsClose CommentsPermalink





‘(C) the reduction or elimination of onsite handling of a substance of concern through improvement of inventory control or chemical use efficiency.CommentsClose CommentsPermalink





‘(10) OWNER OR OPERATOR- The term ‘owner or operator’ with respect to a facility means--CommentsClose CommentsPermalink





‘(A) the person who owns the facility;CommentsClose CommentsPermalink





‘(B) the person who has responsibility for daily operation of the facility; andCommentsClose CommentsPermalink





‘(C) the person who leases the facility.CommentsClose CommentsPermalink





‘(11) PERSON- The term ‘person’--CommentsClose CommentsPermalink





‘(A) means an individual, trust, firm, joint stock company, corporation (including a government corporation), partnership, association, State, municipality, commission, political subdivision of a State, or interstate body; andCommentsClose CommentsPermalink





‘(B) includes each department, agency, or instrumentality of the United States.CommentsClose CommentsPermalink





‘(12) PROTECTED INFORMATION-CommentsClose CommentsPermalink





‘(A) IN GENERAL- The term ‘protected information’ includes--CommentsClose CommentsPermalink





‘(i) security vulnerability assessments and site security plans, including any assessment required under section 2111;CommentsClose CommentsPermalink





‘(ii) portions of the following documents, records, orders, notices, or letters that the Secretary has determined by regulation would be detrimental to chemical facility security if disclosed and that are developed by the Secretary or the owner or operator of a covered chemical facility for the purposes of this title--CommentsClose CommentsPermalink





‘(I) documents directly related to the review and approval or disapproval of a security vulnerability assessment or site security plan under this title by the Secretary;CommentsClose CommentsPermalink





‘(II) documents directly related to an inspection or audit under this title;CommentsClose CommentsPermalink





‘(III) an order, notice, or letter regarding the compliance of a covered chemical facility with this title;CommentsClose CommentsPermalink





‘(IV) information or a document or record required to be provided to or created by the Secretary under subsection (b) or (c) of section 2102; andCommentsClose CommentsPermalink





‘(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; andCommentsClose CommentsPermalink





‘(iii) any other information, document, or record developed exclusively for the purposes of this title that the Secretary has determined, by rule, would, if disclosed, be detrimental to chemical facility security.CommentsClose CommentsPermalink





‘(B) EXCLUSIONS- The term ‘protected information’ does not include--CommentsClose CommentsPermalink





‘(i) information, other than a security vulnerability assessment or site security plan, that the Secretary has determined, by rule, to be--CommentsClose CommentsPermalink





‘(I) appropriate to describe compliance by a chemical facility with this title and the implementation of this title by the Secretary; andCommentsClose CommentsPermalink





‘(II) not detrimental to chemical facility security if disclosed; orCommentsClose CommentsPermalink





‘(ii) information, whether or not also contained in a security vulnerability assessment, 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--CommentsClose CommentsPermalink





‘(I) information that is required to be made publicly available under any other provision of law; andCommentsClose CommentsPermalink





‘(II) information that a chemical facility has lawfully disclosed other than in a submission to the Secretary under this title.CommentsClose CommentsPermalink





‘(13) RELEASE- The term ‘release’ means any spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping, or disposing into the environment (including the abandonment or discarding of barrels, containers, and other closed receptacles containing any hazardous substance or pollutant or contaminant).CommentsClose CommentsPermalink





‘(14) SECURITY VULNERABILITY ASSESSMENT- The term ‘security vulnerability assessment’ means an assessment described in section 2103(a)(1)(B)(i).CommentsClose CommentsPermalink





‘(15) SITE SECURITY PLAN- The term ‘site security plan’ means a plan described in section 2103(a)(1)(B)(ii).CommentsClose CommentsPermalink





‘(16) SUBSTANCE OF CONCERN- The term ‘substance of concern’ means a chemical substance in quantity and form that is designated by the Secretary under section 2102(a).CommentsClose CommentsPermalink

‘SEC. 2102. RISK-BASED DESIGNATION AND RANKING OF CHEMICAL FACILITIES.

‘(a) Substances of Concern-CommentsClose CommentsPermalink





‘(1) DESIGNATION BY THE SECRETARY- The Secretary may--CommentsClose CommentsPermalink





‘(A) designate any chemical substance as a substance of concern; andCommentsClose CommentsPermalink





‘(B) establish and adjust the threshold quantity for each chemical substance designated under subparagraph (A).CommentsClose CommentsPermalink





‘(2) MATTERS FOR CONSIDERATION- In designating a chemical substance or establishing or adjusting the threshold quantity for a chemical substance under paragraph (1), the Secretary shall consider the potential extent of death, injury, and serious adverse effects to human health, the environment, 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.CommentsClose CommentsPermalink





‘(b) List of Covered Chemical Facilities-CommentsClose CommentsPermalink





‘(1) CRITERIA FOR LIST OF FACILITIES- The Secretary may designate a chemical facility as a covered chemical facility if the Secretary determines the chemical facility is a sufficient security risk based on--CommentsClose CommentsPermalink





‘(A) the potential threat or likelihood that the chemical facility will be a target of a chemical facility terrorist incident;CommentsClose CommentsPermalink





‘(B) the potential extent and likelihood of death, injury, or serious adverse effects to human health, the environment, critical infrastructure, public health, homeland security, national security, or the national economy that could result from a chemical facility terrorist incident at the chemical facility; andCommentsClose CommentsPermalink





‘(C) the proximity of the chemical facility to large population centers.CommentsClose CommentsPermalink





‘(2) LIST- The Secretary shall maintain a list of covered chemical facilities that the Secretary designates under subparagraph (A).CommentsClose CommentsPermalink





‘(3) SUBMISSION OF INFORMATION- In making a determination whether to designate a chemical facility as a covered chemical facility under paragraph (1), the Secretary may require the submission of information from an owner or operator of a chemical facility with respect to the quantities of substances of concern that the owner or operator possesses or plans to possess.CommentsClose CommentsPermalink





‘(c) Assignment of Covered Chemical Facilities to Risk-Based Tiers-CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(2) PROVISION OF INFORMATION- The owner or operator of a covered chemical facility shall provide, at the request of the Secretary, any information in addition to information required by the Secretary under subsection (b)(3) that may be necessary for the Secretary to assign the chemical facility to the appropriate tier under paragraph (1).CommentsClose CommentsPermalink





‘(3) NOTIFICATION-CommentsClose CommentsPermalink





‘(A) IN GENERAL- Not later than 60 days after the date on which the Secretary determines that a chemical facility is a covered chemical facility or is no longer a covered chemical 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.CommentsClose CommentsPermalink





‘(B) REQUIRED INFORMATION- A notification made by the Secretary under subparagraph (A) shall include--CommentsClose CommentsPermalink





‘(i) the reason for the determination or change described in subparagraph (A); andCommentsClose CommentsPermalink





‘(ii) upon the request of the owner or operator of a covered chemical facility--CommentsClose CommentsPermalink





‘(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 facility;CommentsClose CommentsPermalink





‘(II) information relating to why the covered chemical facility is considered critical; andCommentsClose CommentsPermalink





‘(III) the proximity or interrelationship of the covered chemical facility to other critical infrastructure.CommentsClose CommentsPermalink





‘(d) Requirement for Review- The Secretary--CommentsClose CommentsPermalink





‘(1) shall periodically review--CommentsClose CommentsPermalink





‘(A) the designation of a chemical substance as a substance of concern and the threshold quantity for the substance under subsection (a)(1); andCommentsClose CommentsPermalink





‘(B) whether a chemical facility meets the criteria under subsection (b)(1); andCommentsClose CommentsPermalink





‘(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).CommentsClose CommentsPermalink





‘(e) Provision of Threat-Related Information- The Secretary shall provide to the owner or operator 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.CommentsClose CommentsPermalink

‘SEC. 2103. SECURITY VULNERABILITY ASSESSMENTS AND SITE SECURITY PLANS.

‘(a) In General-CommentsClose CommentsPermalink





‘(1) REQUIREMENT- The Secretary shall--CommentsClose CommentsPermalink





‘(A) establish standards, protocols, and procedures for security vulnerability assessments and site security plans required for covered chemical facilities under this paragraph;CommentsClose CommentsPermalink





‘(B) require the owner or operator of each covered chemical facility to--CommentsClose CommentsPermalink





‘(i) conduct and submit to the Secretary an assessment of the vulnerability of the covered chemical facility to a range of chemical facility terrorist incidents, including an incident that results in a worst-case release of a substance of concern;CommentsClose CommentsPermalink





‘(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 performance standards established under subsection (c);CommentsClose CommentsPermalink





‘(iii) in developing the security vulnerability assessment and site security plan, include participation by--CommentsClose CommentsPermalink





‘(I) not less than 1 supervisory employee of the covered chemical facility;CommentsClose CommentsPermalink





‘(II) not less than 1 nonsupervisory employee of the covered chemical facility; andCommentsClose CommentsPermalink





‘(III) not less than 1 employee representative from each bargaining agent at the covered chemical facility, if any; andCommentsClose CommentsPermalink





‘(iv) include, with the submission of the security vulnerability assessment and the site security plan of the covered chemical 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;CommentsClose CommentsPermalink





‘(C) set deadlines, by tier, for the completion of security vulnerability assessments and site security plans;CommentsClose CommentsPermalink





‘(D) upon request, as necessary, and to the extent that resources permit, provide technical assistance to a covered chemical facility conducting a security vulnerability assessment or site security plan;CommentsClose CommentsPermalink





‘(E) establish specific deadlines and requirements for the submission by a covered chemical facility of information describing--CommentsClose CommentsPermalink





‘(i) any change in the use by the covered chemical facility of more than a threshold amount of any substance of concern that may affect the requirements of the covered chemical facility under this title; orCommentsClose CommentsPermalink





‘(ii) any material modification to the operations or site of the covered chemical facility that may affect the security vulnerability assessment or site security plan submitted by the covered chemical facility;CommentsClose CommentsPermalink





‘(F) require the owner or operator of a covered chemical facility to review and resubmit a security vulnerability assessment or site security plan not less frequently than once every 5 years;CommentsClose CommentsPermalink





‘(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--CommentsClose CommentsPermalink





‘(i) review and approve or disapprove the security vulnerability assessment or site security plan; andCommentsClose CommentsPermalink





‘(ii) notify the covered chemical facility of the approval or disapproval; andCommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(2) INHERENTLY GOVERNMENTAL FUNCTION- The approval or disapproval of a security vulnerability assessment or site security plan by the Secretary under this section is an inherently governmental function.CommentsClose CommentsPermalink





‘(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 participate in the development of the security vulnerability assessment or site security plan for the covered chemical facility shall be permitted to participate if the person possesses knowledge, experience, training, or education relevant to the portion of the security vulnerability assessment or site security plan on which the person is participating.CommentsClose CommentsPermalink





‘(c) 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--CommentsClose CommentsPermalink





‘(1) restricting the area perimeter of the covered chemical facility;CommentsClose CommentsPermalink





‘(2) securing site assets;CommentsClose CommentsPermalink





‘(3) screening and controlling access to the covered chemical facility and to restricted areas within the covered chemical facility by screening or inspecting individuals and vehicles as they enter, including--CommentsClose CommentsPermalink





‘(A) measures to deter the unauthorized introduction of dangerous substances and devices that may facilitate a chemical facility terrorist incident or actions having serious negative consequences for the population surrounding the covered chemical facility; andCommentsClose CommentsPermalink





‘(B) measures implementing a regularly updated identification system that checks the identification of covered chemical facility personnel and other persons seeking access to the covered chemical facility and that discourages abuse through established disciplinary measures;CommentsClose CommentsPermalink





‘(4) methods to deter, detect, and delay a chemical facility terrorist incident, creating sufficient time between detection of a chemical facility terrorist incident and the point at which the chemical facility terrorist incident becomes successful, including measures to--CommentsClose CommentsPermalink





‘(A) deter vehicles from penetrating the perimeter of the covered chemical facility, gaining unauthorized access to restricted areas, or otherwise presenting a hazard to potentially critical targets;CommentsClose CommentsPermalink





‘(B) deter chemical facility terrorist incidents through visible, professional, well-maintained security measures and systems, including--CommentsClose CommentsPermalink





‘(i) security personnel;CommentsClose CommentsPermalink





‘(ii) detection systems;CommentsClose CommentsPermalink





‘(iii) barriers and barricades; andCommentsClose CommentsPermalink





‘(iv) hardened or reduced value targets;CommentsClose CommentsPermalink





‘(C) detect chemical facility terrorist incidents at early stages through--CommentsClose CommentsPermalink





‘(i) counter-surveillance at the site of the covered chemical facility;CommentsClose CommentsPermalink





‘(ii) frustration of opportunity to observe potential targets;CommentsClose CommentsPermalink





‘(iii) site surveillance and sensing systems; andCommentsClose CommentsPermalink





‘(iv) barriers and barricades; andCommentsClose CommentsPermalink





‘(D) delay a chemical facility terrorist incident for a sufficient period of time so as to allow appropriate response through--CommentsClose CommentsPermalink





‘(i) onsite security response;CommentsClose CommentsPermalink





‘(ii) barriers and barricades;CommentsClose CommentsPermalink





‘(iii) hardened targets; andCommentsClose CommentsPermalink





‘(iv) well-coordinated response planning;CommentsClose CommentsPermalink





‘(5) securing and monitoring the shipping, receipt, and storage of a substance of concern for the covered chemical facility;CommentsClose CommentsPermalink





‘(6) deterring theft or diversion of a substance of concern;CommentsClose CommentsPermalink





‘(7) deterring insider sabotage;CommentsClose CommentsPermalink





‘(8) deterring cyber sabotage, including by preventing unauthorized onsite or remote access to critical process controls, including--CommentsClose CommentsPermalink





‘(A) supervisory control and data acquisition systems;CommentsClose CommentsPermalink





‘(B) distributed control systems;CommentsClose CommentsPermalink





‘(C) process control systems;CommentsClose CommentsPermalink





‘(D) industrial control systems;CommentsClose CommentsPermalink





‘(E) critical business systems; andCommentsClose CommentsPermalink





‘(F) other sensitive computerized systems;CommentsClose CommentsPermalink





‘(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 appropriate information to any local emergency planning committee, State emergency response commission, local law enforcement officials, and emergency response providers to ensure an effective, collective response to terrorist incidents;CommentsClose CommentsPermalink





‘(10) maintaining effective monitoring, communications, and warning systems, including--CommentsClose CommentsPermalink





‘(A) measures designed to ensure that security systems and equipment are in good working order and inspected, tested, calibrated, and otherwise maintained;CommentsClose CommentsPermalink





‘(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; andCommentsClose CommentsPermalink





‘(C) measures to allow the chemical facility to promptly identify and respond to security system and equipment failures or malfunctions;CommentsClose CommentsPermalink





‘(11) ensuring mandatory annual security training, exercises, and drills of covered chemical facility personnel appropriate to their roles, responsibilities, and access to a substance of concern, including participation by local law enforcement agencies, and local emergency response providers, and appropriate supervisory and non-supervisory facility employees and employee representatives, if any;CommentsClose CommentsPermalink





‘(12) performing personnel surety for individuals with access to restricted areas or critical assets by conducting appropriate background checks and ensuring appropriate credentials for unescorted visitors and covered chemical facility personnel, including permanent and part-time personnel, temporary personnel, and contract personnel, including--CommentsClose CommentsPermalink





‘(A) measures designed to verify and validate identity;CommentsClose CommentsPermalink





‘(B) measures designed to check criminal history;CommentsClose CommentsPermalink





‘(C) measures designed to verify and validate legal authorization to work; andCommentsClose CommentsPermalink





‘(D) measures designed to identify individuals with terrorist ties;CommentsClose CommentsPermalink





‘(13) escalating the level of protective measures for periods of elevated threat;CommentsClose CommentsPermalink





‘(14) specific threats, vulnerabilities, or risks identified by the Secretary for the covered chemical facility;CommentsClose CommentsPermalink





‘(15) reporting of significant security incidents to the Secretary and to appropriate local law enforcement officials;CommentsClose CommentsPermalink





‘(16) identifying, investigating, reporting, and maintaining records of significant security incidents and suspicious activities at or near the covered chemical facility;CommentsClose CommentsPermalink





‘(17) establishing 1 or more officials and an organization responsible for--CommentsClose CommentsPermalink





‘(A) security;CommentsClose CommentsPermalink





‘(B) compliance with the standards established under this subsection;CommentsClose CommentsPermalink





‘(C) serving as the point of contact for incident management purposes with Federal agencies, agencies of State or local government (including law enforcement agencies), and emergency response providers; andCommentsClose CommentsPermalink





‘(D) coordination with Federal agencies, agencies of State or local government (including law enforcement agencies), and emergency response providers regarding plans and security measures for the collective response to a chemical facility terrorist incident;CommentsClose CommentsPermalink





‘(18) maintaining appropriate records relating to the security of the covered chemical facility, including a copy of the most recent security vulnerability assessment and site security plan, at the covered chemical facility;CommentsClose CommentsPermalink





‘(19) assessing and, as appropriate, using methods to reduce the consequences of a terrorist attack;CommentsClose CommentsPermalink





‘(20) methods to recover or mitigate the release of a substance of concern in the event of a chemical facility terrorist incident;CommentsClose CommentsPermalink





‘(21) methods to mitigate the risks of exposure to chemical agents by maintaining an adequate supply of equipment and products to provide for decontamination procedures designed to neutralize the chemical agents; andCommentsClose CommentsPermalink





‘(22) any additional security performance standards the Secretary may specify.CommentsClose CommentsPermalink





‘(d) Risk-Based Chemical Security Performance Standards-CommentsClose CommentsPermalink





‘(1) IN GENERAL- The Secretary shall establish risk-based chemical security performance standards for the site security plans required to be submitted by covered chemical facilities under subsection (a).CommentsClose CommentsPermalink





‘(2) REQUIREMENTS- In establishing the risk-based chemical security performance standards under paragraph (1), the Secretary shall--CommentsClose CommentsPermalink





‘(A) require separate and, as appropriate, increasingly stringent risk-based chemical security performance standards for site security plans as the level of risk associated with the tier increases; andCommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(e) Collocated Chemical Facilities- The Secretary may allow an owner or operator of a covered chemical facility that is located geographically close, as determined by the Secretary, to another covered chemical facility to develop and implement coordinated security vulnerability assessments and site security plans.CommentsClose CommentsPermalink





‘(f) Alternate Security Programs as Component of Security Vulnerability Assessment and Site Security Plan-CommentsClose CommentsPermalink





‘(1) ACCEPTANCE OF PROGRAM- At the request of an owner or operator of a covered chemical facility, the Secretary may accept an alternate security 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 security plan submitted by the owner or operator of the covered chemical facility--CommentsClose CommentsPermalink





‘(A) meets the requirements under this title and the regulations promulgated under this title;CommentsClose CommentsPermalink





‘(B) provides the level of security that is equivalent to the level of security required under this title and the regulations promulgated under this title; andCommentsClose CommentsPermalink





‘(C) includes employee participation as required under subsection (a)(1)(B)(iii).CommentsClose CommentsPermalink





‘(2) SECRETARIAL REVIEW REQUIRED- Nothing in this subsection shall relieve the Secretary of the obligation to--CommentsClose CommentsPermalink





‘(A) review a security vulnerability assessment or site security plan submitted by a covered chemical facility under this section; andCommentsClose CommentsPermalink





‘(B) approve or disapprove the security vulnerability assessment or site security plan on an individual basis according to the deadlines established under subsection (a).CommentsClose CommentsPermalink





‘(3) OBLIGATIONS OF COVERED CHEMICAL FACILITY UNAFFECTED- Nothing in this subsection shall relieve a covered chemical facility of the obligation and responsibility to comply with any requirement under this title.CommentsClose CommentsPermalink





‘(4) PERSONNEL SURETY ALTERNATE SECURITY 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--CommentsClose CommentsPermalink





‘(A) meets the requirements of section 2115; andCommentsClose CommentsPermalink





‘(B) provides for a background check process that is--CommentsClose CommentsPermalink





‘(i) expedited, affordable, reliable, and accurate;CommentsClose CommentsPermalink





‘(ii) fully protective of the rights of covered individuals through procedures that are consistent with the privacy protections available under the Fair Credit Reporting Act (15 U.S.C. 1681 et seq.); andCommentsClose CommentsPermalink





‘(iii) a single background check consistent with a risk-based tiered program.CommentsClose CommentsPermalink





‘(g) Other Authorities-CommentsClose CommentsPermalink





‘(1) REGULATION OF MARITIME FACILITIES-CommentsClose CommentsPermalink





‘(A) RISK-BASED TIERING- The owner or operator of a chemical facility required to submit a facility security plan under section 70103(c) of title 46, United States Code, shall be required to submit information to the Secretary necessary to--CommentsClose CommentsPermalink





‘(i) determine whether to designate the chemical facility as a covered chemical facility; andCommentsClose CommentsPermalink





‘(ii) assign the chemical facility to a risk-based tier under section 2102 of this title.CommentsClose CommentsPermalink





‘(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 covered chemical facility, the Commandant of the Coast Guard, after consultation with the Secretary, 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 equivalent to the level of security required by regulations promulgated under this title, including the requirements under section 2111, in the same manner as other covered chemical facilities in this title.CommentsClose CommentsPermalink





‘(C) PERSONNEL SURETY-CommentsClose CommentsPermalink





‘(i) EXCEPTION- The owner or operator of a covered chemical facility that has a facility security plan approved under section 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.CommentsClose CommentsPermalink





‘(ii) EQUIVALENT ACCESS- An individual described in section 2115(b)(1)(B) who has been granted access to restricted areas or critical assets by the owner or operator of a facility for which a facility security 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 requirement for passing a security background check required under section 2115 for purposes of granting the individual access to restricted areas or critical assets of a covered chemical facility that is owned or operated by the same owner or operator.CommentsClose CommentsPermalink





‘(D) INFORMATION SHARING AND PROTECTION- Notwithstanding section 70103(d) of title 46, United States Code, the Commandant 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 subparagraph (B).CommentsClose CommentsPermalink





‘(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 vulnerability assessment and facility security plan for the covered chemical facility under subparagraph (B) is in compliance with this title.CommentsClose CommentsPermalink





‘(F) FORMAL AGREEMENT- The Secretary shall--CommentsClose CommentsPermalink





‘(i) require the Office of Infrastructure 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, 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 duplicative; andCommentsClose CommentsPermalink





‘(ii) designate the agency responsible for enforcing this title with respect to covered 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 requirements of subparagraphs (B) and (D).CommentsClose CommentsPermalink





‘(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 Secretary shall prescribe the rules and regulations for the implementation of this section, with the concurrence of the Attorney General, and avoid unnecessary duplication of regulatory requirements.CommentsClose CommentsPermalink





‘(h) Role of Employees-CommentsClose CommentsPermalink





‘(1) DESCRIPTION OF ROLE REQUIRED- A site security plan for an owner or operator of a covered chemical facility shall describe the roles or responsibilities that covered individuals are expected to perform to deter or respond to a chemical facility terrorist incident.CommentsClose CommentsPermalink





‘(2) ANNUAL TRAINING FOR EMPLOYEES-CommentsClose CommentsPermalink





‘(A) IN GENERAL- The owner or operator of a covered chemical facility shall annually provide each covered individual with a role or responsibility referred to in paragraph (1) at the covered chemical facility with not less than 8 hours of training.CommentsClose CommentsPermalink





‘(B) REQUIREMENTS- The training required under subparagraph (A) shall, as relevant to the role or responsibility of the covered individual--CommentsClose CommentsPermalink





‘(i) include an identification and discussion of substances of concern;CommentsClose CommentsPermalink





‘(ii) include a discussion of possible consequences of a chemical facility terrorist incident;CommentsClose CommentsPermalink





‘(iii) review and include exercises of the site security plan of the covered chemical facility, including any requirements for differing threat levels;CommentsClose CommentsPermalink





‘(iv) include a review of information protection requirements;CommentsClose CommentsPermalink





‘(v) include a discussion of physical and cyber security equipment, systems, and methods used to achieve chemical security performance standards;CommentsClose CommentsPermalink





‘(vi) allow training with other relevant participants, including Federal employees, employees of a State or local government, and emergency response providers, where appropriate;CommentsClose CommentsPermalink





‘(vii) use national voluntary consensus standards, chosen jointly with employee representatives, if any;CommentsClose CommentsPermalink





‘(viii) allow instruction through government training programs, chemical facilities, academic institutions, nonprofit organizations, industry and private organizations, employee organizations, and other relevant entities that provide such training;CommentsClose CommentsPermalink





‘(ix) use multiple training media and methods;CommentsClose CommentsPermalink





‘(x) include a discussion of appropriate emergency response procedures, including procedures to mitigate the effects of a chemical facility terrorist incident; andCommentsClose CommentsPermalink





‘(xi) include review and discussion of methods to reduce the consequences of a terrorist attack that are applicable to the covered chemical facility.CommentsClose CommentsPermalink





‘(3) EQUIVALENT TRAINING- An owner or operator 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 prescribed by the Secretary.CommentsClose CommentsPermalink





‘(4) WORKER TRAINING GRANT PROGRAM-CommentsClose CommentsPermalink





‘(A) AUTHORITY- The Secretary may make grants to, and enter into cooperative agreements with, eligible entities to provide for the training and education of--CommentsClose CommentsPermalink





‘(i) covered individuals with roles or responsibilities described in paragraph (1); andCommentsClose CommentsPermalink





‘(ii) emergency response providers who would respond to a chemical facility terrorist incident.CommentsClose CommentsPermalink





‘(B) ADMINISTRATION- The Secretary shall seek to enter into an agreement with the Director of the National Institute for Environmental Health Sciences, or with the head of another Federal or State agency, to make and administer grants or cooperative agreements under this paragraph.CommentsClose CommentsPermalink





‘(C) USE OF FUNDS- Amounts provided under this paragraph shall be used to provide for the training and education of covered individuals with roles or responsibilities described in paragraph (1) and emergency response providers, including--CommentsClose CommentsPermalink





‘(i) the annual mandatory training specified in paragraph (2); andCommentsClose CommentsPermalink





‘(ii) other appropriate training to protect nearby persons, property, critical infrastructure, or the environment from the effects of a chemical facility terrorist incident.CommentsClose CommentsPermalink





‘(D) ELIGIBLE ENTITIES- In this paragraph, the term ‘eligible entity’ means a nonprofit organization with demonstrated experience in implementing and operating successful health and safety or security training programs for employees or emergency response providers.CommentsClose CommentsPermalink





‘(E) PRESUMPTION OF CONGRESS RELATING TO COMPETITIVE PROCEDURES-CommentsClose CommentsPermalink





‘(i) PRESUMPTION- It is the presumption of Congress that grants awarded under this paragraph will be awarded using competitive procedures based on merit.CommentsClose CommentsPermalink





‘(ii) REPORT TO CONGRESS- If the Secretary awards grants under this paragraph without using competitive procedures, the Secretary shall submit to Congress a report explaining why competitive procedures were not used.CommentsClose CommentsPermalink





‘(i) State, Regional, or Local Governmental Entities- A covered chemical facility may not be required 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.CommentsClose CommentsPermalink

‘SEC. 2104. SITE INSPECTIONS.

‘(a) Right of Entry- For purposes of carrying out this title, the Secretary 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.CommentsClose CommentsPermalink





‘(b) Inspections and Verifications-CommentsClose CommentsPermalink





‘(1) IN GENERAL- The Secretary shall, at such time and place as the Secretary determines to be reasonable and appropriate, conduct security inspections and verifications of a covered chemical facility.CommentsClose CommentsPermalink





‘(2) REQUIREMENTS- To ensure and evaluate compliance with this title, including any regulations or requirements adopted by the Secretary in furtherance 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.CommentsClose CommentsPermalink





‘(c) Unannounced Inspections-CommentsClose CommentsPermalink





‘(1) IN GENERAL- In addition to any inspection 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).CommentsClose CommentsPermalink





‘(2) REQUIREMENTS- The inspections required under this subsection shall be--CommentsClose CommentsPermalink





‘(A) conducted without prior notice to the owner, operator, or any employee of the covered chemical facility;CommentsClose CommentsPermalink





‘(B) designed to evaluate at the covered chemical facility undergoing inspection--CommentsClose CommentsPermalink





‘(i) the ability of the covered chemical facility to prevent a chemical facility terrorist incident that the site security plan of the covered chemical facility is intended to prevent;CommentsClose CommentsPermalink





‘(ii) the ability of the covered chemical facility to protect against security threats that are required to be addressed by the site security plan of the covered chemical facility; andCommentsClose CommentsPermalink





‘(iii) any weaknesses in the site security plan of the covered chemical facility;CommentsClose CommentsPermalink





‘(C) conducted so as not to affect the actual security, physical integrity, safety, or regular operations of the covered chemical facility or the employees of the covered chemical facility while the inspection is conducted; andCommentsClose CommentsPermalink





‘(D) conducted--CommentsClose CommentsPermalink





‘(i) every 2 years in the case of a covered chemical facility assigned to tier 1; andCommentsClose CommentsPermalink





‘(ii) every 4 years in the case of a covered chemical facility assigned to tier 2.CommentsClose CommentsPermalink





‘(d) Chemical Facility Inspectors Authorized- During fiscal years 2011 and 2012, 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 compliance with this title.CommentsClose CommentsPermalink





‘(e) Confidential Communications- The Secretary shall offer non-supervisory employees of a covered chemical facility the opportunity to confidentially communicate information relevant to the compliance or noncompliance of the employer with this title, including compliance or noncompliance with any regulation or requirement adopted by the Secretary under this title.CommentsClose CommentsPermalink





‘(f) Right To Accompany During Physical Inspection- If a representative of the owner or operator 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.CommentsClose CommentsPermalink

‘SEC. 2105. RECORDS.

‘(a) Request for Records- For purposes of carrying 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, including any records maintained in electronic format, necessary for reviewing or analyzing a security vulnerability assessment, or site security plan submitted under section 2103, or for assessing the implementation of a site security plan.CommentsClose CommentsPermalink





‘(b) Proper Handling of Records- The Secretary shall ensure that any records accessed under subsection (a) are handled and secured appropriately in accordance with section 2110.CommentsClose CommentsPermalink

‘SEC. 2106. 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 maximum extent practicable under applicable authority and in the interests of national security, to--CommentsClose CommentsPermalink





‘(1) the owner, operator, or security officer of the covered chemical facility;CommentsClose CommentsPermalink





‘(2) a representative of each recognized or certified bargaining agent at the covered chemical facility, if any; andCommentsClose CommentsPermalink





‘(3) relevant authorities of State or local government, including the State Homeland Security Advisor, if any.CommentsClose CommentsPermalink





‘(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, information concerning--CommentsClose CommentsPermalink





‘(1) a threat about any significant security incident or threat to the covered chemical facility; orCommentsClose CommentsPermalink





‘(2) any intentional or unauthorized penetration of the physical security or cyber security of the covered chemical facility, whether successful or unsuccessful.CommentsClose CommentsPermalink

‘SEC. 2107. ENFORCEMENT.

‘(a) Review of Security Vulnerability Assessment and Site Security Plan-CommentsClose CommentsPermalink





‘(1) DISAPPROVAL- The Secretary shall disapprove a security vulnerability assessment or site security plan submitted under this title if the Secretary determines that--CommentsClose CommentsPermalink





‘(A) the security vulnerability assessment or site security plan does not comply with the standards, protocols, or procedures under section 2103(a)(1)(A); orCommentsClose CommentsPermalink





‘(B) in the case of a site security plan--CommentsClose CommentsPermalink





‘(i) the site security plan or the implementation of the site security plan is insufficient to address vulnerabilities identified in a security vulnerability assessment, site inspection, or unannounced inspection of the covered chemical facility; orCommentsClose CommentsPermalink





‘(ii) the site security plan fails to meet all applicable chemical facility security performance standards.CommentsClose CommentsPermalink





‘(2) NOTIFICATION OF DISAPPROVAL- If the Secretary disapproves the security vulnerability assessment or site security plan submitted by a covered chemical facility under this title or the implementation of a site security plan by a covered chemical facility, the Secretary shall provide the owner or operator of the covered chemical facility a written notification of the disapproval not later than 14 days after the date on which the Secretary disapproves the security vulnerability assessment or site security plan, which shall--CommentsClose CommentsPermalink





‘(A) include a clear explanation of deficiencies in the security vulnerability assessment, site security plan, or implementation of the site security plan; andCommentsClose CommentsPermalink





‘(B) require the owner or operator of the covered chemical facility to--CommentsClose CommentsPermalink





‘(i) revise the security vulnerability assessment or site security plan to address any deficiencies; andCommentsClose CommentsPermalink





‘(ii) by such date as the Secretary determines is appropriate, submit the revised security vulnerability assessment or site security plan to the Secretary.CommentsClose CommentsPermalink





‘(b) Remedies-CommentsClose CommentsPermalink





‘(1) ORDER FOR COMPLIANCE- If the Secretary determines that an owner or operator of a covered chemical facility has violated or is in violation of any requirement of this title or has failed or is failing to address any deficiencies in the security vulnerability assessment, site security plan, or implementation of the site security plan for the covered chemical facility by such date as designated by the Secretary, the Secretary may--CommentsClose CommentsPermalink





‘(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 Department of the determination of the Secretary, issue an order assessing an administrative 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 failure to comply continues, requiring compliance immediately or within a specified time period, or both; orCommentsClose CommentsPermalink





‘(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 failure to comply continues, or both.CommentsClose CommentsPermalink





‘(2) ORDER TO CEASE OPERATIONS- If the Secretary determines that an owner or operator of a covered chemical facility continues to be in noncompliance 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.CommentsClose CommentsPermalink





‘(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 protections under section 2108.CommentsClose CommentsPermalink

‘SEC. 2108. WHISTLEBLOWER PROTECTIONS.

‘(a) Establishment-CommentsClose CommentsPermalink





‘(1) IN GENERAL- The Secretary shall establish and provide information to the public regarding a process by which an individual may submit a report to the Secretary regarding problems, deficiencies, or vulnerabilities at a covered chemical facility associated with the risk of a chemical facility terrorist incident.CommentsClose CommentsPermalink





‘(2) CONFIDENTIALITY-CommentsClose CommentsPermalink





‘(A) IN GENERAL- The Secretary shall keep confidential the identity of any individual who submits a report under this subsection.CommentsClose CommentsPermalink





‘(B) COMPLIANCE WITH SECTION 2110- A report submitted under this subsection shall be treated as protected information under section 2110 to the extent that the report does not consist of publicly available information.CommentsClose CommentsPermalink





‘(3) ACKNOWLEDGMENT OF RECEIPT- If a report submitted under this subsection identifies the individual submitting the report, the Secretary shall respond promptly to the individual to acknowledge receipt of the report.CommentsClose CommentsPermalink





‘(4) STEPS TO ADDRESS PROBLEMS- The Secretary shall--CommentsClose CommentsPermalink





‘(A) review and consider the information provided in a report submitted under this subsection; andCommentsClose CommentsPermalink





‘(B) as necessary, take appropriate steps under this title to address any problem, deficiency, or vulnerability identified in the report.CommentsClose CommentsPermalink





‘(b) Retaliation Prohibited-CommentsClose CommentsPermalink





‘(1) PROHIBITION- An owner or operator of a covered chemical facility, for-profit or nonprofit corporation, association, or any contractor, subcontractor or agent thereof, may not discharge an employee or otherwise discriminate against an employee with respect to compensation of the employee, terms, conditions, or other privileges of employment because the employee (or any individual acting on behalf of the employee)--CommentsClose CommentsPermalink





‘(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 alleged violation through communications related to carrying out the job duties of the employee;CommentsClose CommentsPermalink





‘(B) refused to participate in any conduct that the employee reasonably believes is in noncompliance with a requirement under this title, if the employee has identified the alleged noncompliance to the employer;CommentsClose CommentsPermalink





‘(C) testified before or otherwise provided information relevant for Congress or for any Federal or State proceeding regarding any provision (or proposed provision) of this title;CommentsClose CommentsPermalink





‘(D) commenced, caused to be commenced, or is about to commence or cause to be commenced a proceeding under this title;CommentsClose CommentsPermalink





‘(E) testified, or is about to testify, in a proceeding under this title; orCommentsClose CommentsPermalink





‘(F) assisted or participated, or is about to assist or participate, in any manner in a proceeding under this title or in any other action to carry out the purposes of this title.CommentsClose CommentsPermalink





‘(2) ENFORCEMENT ACTION-CommentsClose CommentsPermalink





‘(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 procedures, legal burdens of proof, and remedies applicable under subsections (d) through (h) of section 20109 of title 49, United States Code.CommentsClose CommentsPermalink





‘(B) DISTRICT COURT REVIEW- An employee who brings an action under subparagraph (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 receiving a written final determination by the Secretary of Labor.CommentsClose CommentsPermalink





‘(3) PROHIBITED PERSONNEL PRACTICES AFFECTING THE DEPARTMENT-CommentsClose CommentsPermalink





‘(A) IN GENERAL- Notwithstanding any other provision of law, an individual holding or applying for a position within the Department shall be covered by--CommentsClose CommentsPermalink





‘(i) paragraphs (1), (8), and (9) of section 2302(b) of title 5, United States Code;CommentsClose CommentsPermalink





‘(ii) any provision of law implementing paragraph (1), (8), or (9) of section 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; andCommentsClose CommentsPermalink





‘(iii) any rule or regulation prescribed under paragraph (1), (8), or (9) of section 2302(b) of title 5, United States Code.CommentsClose CommentsPermalink





‘(B) RULE OF CONSTRUCTION- Nothing in this paragraph shall be construed to affect any rights, apart from those referred to in subparagraph (A), to which an individual described in subparagraph (A) might otherwise be entitled to under law.CommentsClose CommentsPermalink

‘SEC. 2109. 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 stringent than a regulation, requirement, or standard of performance issued under this title, or otherwise impair any right or jurisdiction of any State or unit of local government with respect to covered chemical facilities within the State or unit of local government.CommentsClose CommentsPermalink

‘SEC. 2110. PROTECTION OF INFORMATION.

‘(a) Prohibition of Public Disclosure of Protected Information- Protected information--CommentsClose CommentsPermalink





‘(1) shall be exempt from disclosure under section 552 of title 5, United States Code; andCommentsClose CommentsPermalink





‘(2) shall not be made available under the law of any State or local government requiring disclosure of information or records.CommentsClose CommentsPermalink





‘(b) Information Sharing-CommentsClose CommentsPermalink





‘(1) IN GENERAL- The Secretary shall prescribe such regulations, and may issue such orders, as necessary to prohibit the unauthorized disclosure of protected information.CommentsClose CommentsPermalink





‘(2) SHARING OF PROTECTED INFORMATION-CommentsClose CommentsPermalink





‘(A) IN GENERAL- The regulations prescribed under paragraph (1) shall provide standards for and facilitate the appropriate sharing of protected information with and between--CommentsClose CommentsPermalink





‘(i) Federal agencies and agencies of State and local governments;CommentsClose CommentsPermalink





‘(ii) emergency response providers;CommentsClose CommentsPermalink





‘(iii) law enforcement officials;CommentsClose CommentsPermalink





‘(iv) designated supervisory and nonsupervisory covered chemical facility personnel with security, operational, or fiduciary responsibility for the covered chemical facility; andCommentsClose CommentsPermalink





‘(v) designated employee representatives for a covered chemical facility, if any.CommentsClose CommentsPermalink





‘(B) REQUIREMENTS- The standards required to be established under subparagraph (A) shall include procedures for the sharing of all portions of a security vulnerability assessment 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 recognized 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 responsibilities under section 2103(h)(1).CommentsClose CommentsPermalink





‘(C) PENALTIES-CommentsClose CommentsPermalink





‘(i) IN GENERAL- Protected information shall not be shared except in accordance with the standards provided by the regulations prescribed under paragraph (1).CommentsClose CommentsPermalink





‘(ii) KNOWING VIOLATION- Any person that discloses protected information in knowing violation of the regulations issued under paragraph (1) shall--CommentsClose CommentsPermalink





‘(I) be fined under title 18, United States Code, imprisoned for not more than 1 year, or both; andCommentsClose CommentsPermalink





‘(II) in the case of a Federal officeholder or employee, removed from Federal office or employment.CommentsClose CommentsPermalink





‘(c) Treatment of Information in Adjudicative 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).CommentsClose CommentsPermalink





‘(d) Other Obligations Unaffected- Except as provided in section 2103(i), nothing in this section affects 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--CommentsClose CommentsPermalink





‘(1) employees of the chemical facility;CommentsClose CommentsPermalink





‘(2) employee organizations;CommentsClose CommentsPermalink





‘(3) health professionals;CommentsClose CommentsPermalink





‘(4) emergency response organizations; orCommentsClose CommentsPermalink





‘(5) the Federal Government or a State or local government.CommentsClose CommentsPermalink





‘(e) Submission of Information to Congress- Nothing in this title shall permit or authorize the withholding of information from Congress or any committee or subcommittee thereof.CommentsClose CommentsPermalink





‘(f) Disclosure of Independently Furnished Information- Nothing in this title shall affect any authority 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.CommentsClose CommentsPermalink

‘SEC. 2111. 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 examination for efficacy under operational conditions and not solely under laboratory conditions, are available for use at a covered chemical facility.CommentsClose CommentsPermalink





‘(b) Assessment Required- The site security plan for a covered chemical facility shall include an assessment of methods to reduce the consequences of a terrorist attack on the covered chemical facility, including--CommentsClose CommentsPermalink





‘(1) a description of the methods to reduce the consequences of a terrorist attack implemented and considered for implementation by the covered chemical facility;CommentsClose CommentsPermalink





‘(2) the degree to which each method to reduce the consequences of a terrorist attack, if already implemented, has reduced, or, if implemented, could reduce, the potential extent of death, injury, or serious adverse effects to human health resulting from a release of a substance of concern;CommentsClose CommentsPermalink





‘(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 attack; andCommentsClose CommentsPermalink





‘(4) any other information that the owner or operator of the covered chemical facility considered in conducting the assessment.CommentsClose CommentsPermalink





‘(c) Implementation-CommentsClose CommentsPermalink





‘(1) IMPLEMENTATION-CommentsClose CommentsPermalink





‘(A) IN GENERAL- The owner or operator of a covered chemical facility that is assigned to tier 1 or tier 2 because of the potential extent and likelihood of death, injury, or serious adverse effects to human health, the environment, critical infrastructure, public health, homeland security, national security, or the national economy from a release of a substance of concern at the covered chemical facility shall implement methods to reduce the consequences of a terrorist attack on the covered chemical facility if the Director of the Office of Chemical Facility Security determines, using the assessment conducted under subsection (b), that the implementation of the methods at the covered chemical facility--CommentsClose CommentsPermalink





‘(i)(I) would significantly reduce the risk of death, injury, or serious adverse effects to human health resulting from a chemical facility terrorist incident; andCommentsClose CommentsPermalink





‘(II) would not--CommentsClose CommentsPermalink





‘(aa) increase the interim storage of a substance of concern outside the covered chemical facility;CommentsClose CommentsPermalink





‘(bb) directly result in the creation of a covered chemical facility assigned to tier 1 or tier 2 because of the potential extent and likelihood of death, injury, or serious adverse effects to human health, the environment, critical infrastructure, public health, homeland security, national security, or the national economy from a release of a substance of concern at the covered chemical facility;CommentsClose CommentsPermalink





‘(cc) result in the reassignment of a covered chemical facility from tier 3 or tier 4 to tier 1 or tier 2 because of the potential extent and likelihood of death, injury, or serious adverse effects to human health, the environment, critical infrastructure, public health, homeland security, national security, or the national economy from a release of a substance of concern at the covered chemical facility; andCommentsClose CommentsPermalink





‘(dd) significantly increase the potential extent and likelihood of death, injury, or serious adverse effects to human health, the environment, critical infrastructure, public health, homeland security, national security, or the national economy from a release of a substance of concern due to a terrorist attack on the transportation infrastructure of the United States;CommentsClose CommentsPermalink





‘(ii) can feasibly be incorporated into the operation of the covered chemical facility; andCommentsClose CommentsPermalink





‘(iii) would not significantly and demonstrably impair the ability of the owner or operator of the covered chemical facility to continue the business of the covered chemical facility at its location.CommentsClose CommentsPermalink





‘(B) WRITTEN DETERMINATION- A determination made by the Director of the Office of Chemical Facility Security under subparagraph (A) shall be made in writing and include the basis and reasons for the determination, including the analysis of the Director of the assessment by the covered chemical facility of the technical feasibility, costs, avoided costs (including liabilities), personnel implications, savings, and applicability of implementing each method to reduce the consequences of a terrorist attack.CommentsClose CommentsPermalink





‘(C) MARITIME FACILITIES- With respect to a covered chemical facility for which a facility security plan is required under section 70103(c) of title 46, United States Code, a written determination under subparagraph (A) shall be made only after consultation with the Captain of the Port for the area in which the covered chemical facility is located.CommentsClose CommentsPermalink





‘(2) REVIEW OF INABILITY TO COMPLY-CommentsClose CommentsPermalink





‘(A) IN GENERAL- Not later than 120 days after receipt of a determination made by the Director under paragraph (1), an owner or operator of a covered chemical facility who is unable to comply with the determination shall provide to the Secretary a written explanation that--CommentsClose CommentsPermalink





‘(i) includes the reasons for noncompliance; andCommentsClose CommentsPermalink





‘(ii) specifies whether the inability of owner or operator to comply arises under clause (ii) or (iii) of paragraph (1)(A), or both.CommentsClose CommentsPermalink





‘(B) REVIEW-CommentsClose CommentsPermalink





‘(i) IN GENERAL- Not later than 120 days after receipt of an explanation submitted by an owner or operator of a covered chemical facility under subparagraph (A), the Secretary, after consulting with the owner or operator, as well as experts in the subjects of environmental health and safety, security, chemistry, design and engineering, process controls and implementation, maintenance, production and operations, chemical process safety, and occupational health, as appropriate, shall provide to the owner or operator a written determination of whether, in the discretion of the Secretary, implementation shall be required under paragraph (1).CommentsClose CommentsPermalink





‘(ii) DETERMINATION THAT IMPLEMENTATION IS REQUIRED- If the Secretary determines that implementation is required under clause (i), the Secretary shall issue an order that establishes the basis for the determination, including--CommentsClose CommentsPermalink





‘(I) the findings of the relevant experts;CommentsClose CommentsPermalink





‘(II) the specific methods selected for implementation; andCommentsClose CommentsPermalink





‘(III) a schedule for implementation of the methods at the covered chemical facility.CommentsClose CommentsPermalink





‘(d) Agricultural Sector-CommentsClose CommentsPermalink





‘(1) DEFINITIONS- In this subsection:CommentsClose CommentsPermalink





‘(A) FARM SUPPLIES MERCHANT WHOLESALER- The term ‘farm supplies merchant wholesaler’ means a covered chemical facility that is primarily engaged in the merchant wholesale distribution of farm supplies, including animal feeds, fertilizers, agricultural chemicals, pesticides, plant seeds, and plant bulbs.CommentsClose CommentsPermalink





‘(B) AGRICULTURAL END-USERS- The term ‘agricultural end-users’ means facilities such as--CommentsClose CommentsPermalink





‘(i) farms, including crop, fruit, nut, and vegetable farms;CommentsClose CommentsPermalink





‘(ii) ranches and rangeland;CommentsClose CommentsPermalink





‘(iii) poultry, dairy, and equine facilities;CommentsClose CommentsPermalink





‘(iv) turfgrass growers;CommentsClose CommentsPermalink





‘(v) golf courses;CommentsClose CommentsPermalink





‘(vi) nurseries;CommentsClose CommentsPermalink





‘(vii) floricultural operations; andCommentsClose CommentsPermalink





‘(viii) public and private parks.CommentsClose CommentsPermalink





‘(2) GUIDANCE FOR FARM SUPPLIES MERCHANT WHOLESALERS-CommentsClose CommentsPermalink





‘(A) IN GENERAL- The Secretary shall provide guidance and, as appropriate, tools, methodologies, or computer software, to assist farm supplies merchant wholesalers in complying with this section.CommentsClose CommentsPermalink





‘(B) GRANTS AUTHORIZED- The Secretary may award grants to farm supplies merchant wholesalers to assist compliance with subsection (b), and in awarding grants, shall give priority to farm supplies merchant wholesalers that, in the discretion of the Secretary, have the greatest need for the grants.CommentsClose CommentsPermalink





‘(3) ASSESSMENT OF AGRICULTURAL IMPACTS- Not later than 6 months after the date of the enactment of this title, the Secretary shall submit an assessment of the potential impacts of compliance with this section regarding the assessment and, as appropriate, implementation of methods to reduce the consequences of a terrorist attack on the agricultural sector to--CommentsClose CommentsPermalink





‘(A) the Committee on Homeland Security and Governmental Affairs, the Committee on Environment and Public Works, and the Committee on Agriculture, Nutrition and Forestry of the Senate; andCommentsClose CommentsPermalink





‘(B) the Committee on Homeland Security, the Committee on Energy and Commerce, and the Committee on Agriculture of the House of Representatives.CommentsClose CommentsPermalink





‘(4) CONSULTATION- The assessment required under paragraph (3) shall be conducted by the Secretary in consultation with other appropriate Federal agencies.CommentsClose CommentsPermalink





‘(5) REQUIREMENTS- The assessment required under paragraph (3) shall include--CommentsClose CommentsPermalink





‘(A) data on the scope of agricultural facilities to which this title applies, including--CommentsClose CommentsPermalink





‘(i) the number and type of manufacturers, retailers, aerial commercial applicators, and distributors of pesticide and fertilizer required to assess methods to reduce the consequences of a terrorist attack under subsection (b); andCommentsClose CommentsPermalink





‘(ii) the number and type of manufacturers, retailers, aerial commercial applicators, and distributors of pesticide and fertilizer assigned to tier 1 or tier 2 by the Secretary because of the potential extent and likelihood of death, injury, or serious adverse effects to human health, the environment, critical infrastructure, public health, homeland security, national security, or the national economy from the release of a substance of concern at the covered chemical facility;CommentsClose CommentsPermalink





‘(B) a survey of known methods, processes or practices, other than elimination of or cessation of manufacturing of the pesticide or fertilizer, that manufacturers, retailers, aerial commercial applicators, and distributors of pesticide and fertilizer could use to reduce the consequences of a terrorist attack, including an assessment of the costs and technical feasibility of each such method, process, or practice;CommentsClose CommentsPermalink





‘(C) an analysis of how the assessment of methods to reduce the consequences of a terrorist attack under subsection (b) by manufacturers, retailers, aerial commercial applicators, and distributors of pesticide and fertilizer, and, as appropriate, the implementation of methods to reduce the consequences of a terrorist attack by such manufacturers, retailers, aerial commercial applicators, and distributors of pesticide and fertilizer subject to subsection (c), are likely to impact agricultural end-users; andCommentsClose CommentsPermalink





‘(D) recommendations for how to mitigate any adverse impacts identified under subparagraph (C).CommentsClose CommentsPermalink





‘(e) Small Covered Chemical Facilities-CommentsClose CommentsPermalink





‘(1) DEFINITION- For purposes of this subsection, the term ‘small covered chemical facility’ means a covered chemical facility that--CommentsClose CommentsPermalink





‘(A) has fewer than 350 employees employed at the covered chemical facility; andCommentsClose CommentsPermalink





‘(B) is not a branch or subsidiary of another entity.CommentsClose CommentsPermalink





‘(2) GUIDANCE FOR SMALL COVERED CHEMICAL FACILITIES- The Secretary may provide guidance and, as appropriate, tools, methodologies, or computer software, to assist small covered chemical facilities in complying with this section.CommentsClose CommentsPermalink





‘(3) LIMITATION ON IMPLEMENTATION OF METHODS- The Secretary may not require a small covered chemical facility to implement methods to reduce the consequences of a terrorist attack under subsection (c) unless the Secretary determines that the implementation of the methods at the small covered chemical facility do not significantly and demonstrably impair the ability of the owner or operator of the covered chemical facility to continue the business of the covered chemical facility at the location of the covered chemical facility.CommentsClose CommentsPermalink





‘(4) ASSESSMENT OF IMPACTS ON SMALL COVERED CHEMICAL FACILITIES-CommentsClose CommentsPermalink





‘(A) IN GENERAL- Not later than 6 months after the date of the enactment of this title, the Secretary shall submit an assessment of the potential effects on small covered chemical facilities of compliance with this section regarding the assessment and, as appropriate, implementation of methods to reduce the consequences of a terrorist attack to--CommentsClose CommentsPermalink





‘(i) the Committee on Environment and Public Works and the Committee on Homeland Security and Governmental Affairs of the Senate; andCommentsClose CommentsPermalink





‘(ii) the Committee on Energy and Commerce and the Committee on Homeland Security of the House of Representatives.CommentsClose CommentsPermalink





‘(B) REQUIREMENTS- The assessment required under subparagraph (A) shall include--CommentsClose CommentsPermalink





‘(i) data on the scope of small covered chemical facilities to which this title applies, including--CommentsClose CommentsPermalink





‘(I) the number and type of small covered chemical facilities that are required to assess methods to reduce the consequences of a terrorist attack under subsection (b); andCommentsClose CommentsPermalink





‘(II) the number and type of small covered chemical facilities assigned to tier 1 or tier 2 under section 2102(c)(1) by the Secretary because of the potential extent and likelihood of death, injury, or serious adverse effects to human health, the environment, critical infrastructure, public health, homeland security, national security, or the national economy from the release of a substance of concern at the covered chemical facility; andCommentsClose CommentsPermalink





‘(ii) a discussion of how the Secretary plans to implement paragraph (3).CommentsClose CommentsPermalink





‘(f) Provision of Information on Alternative Approaches-CommentsClose CommentsPermalink





‘(1) INFORMATION ON METHODS TO REDUCE CONSEQUENCES OF A TERRORIST ACT-CommentsClose CommentsPermalink





‘(A) IN GENERAL- Not later than 1 year after the date of enactment of the Secure Chemical Facilities Act, the Secretary shall--CommentsClose CommentsPermalink





‘(i) make available information on the use and availability of methods to reduce the consequences of a chemical facility terrorist attack; andCommentsClose CommentsPermalink





‘(ii) periodically update the information described in clause (i).CommentsClose CommentsPermalink





‘(B) INFORMATION TO BE INCLUDED- The information made available under subparagraph (A) may include information relating to--CommentsClose CommentsPermalink





‘(i) general and specific types of the methods to reduce the consequences of a chemical facility terrorist attack;CommentsClose CommentsPermalink





‘(ii) combinations of chemical sources, substances of concern, and hazardous processes or conditions for which the methods described in clause (i) could be appropriate;CommentsClose CommentsPermalink





‘(iii) the availability of specific methods to reduce the consequences of a terrorist attack;CommentsClose CommentsPermalink





‘(iv) the costs and cost savings resulting from the use of such methods;CommentsClose CommentsPermalink





‘(v) emerging technologies that could be transferred from research models or prototypes to practical applications;CommentsClose CommentsPermalink





‘(vi) the availability of technical assistance and best practices; andCommentsClose CommentsPermalink





‘(vii) such other matters that the Secretary determines are appropriate.CommentsClose CommentsPermalink





‘(2) SECTOR REPORTS ON METHODS TO REDUCE CONSEQUENCES OF A TERRORIST ACT-CommentsClose CommentsPermalink





‘(A) IN GENERAL- The Secretary shall periodically make available industry sector reports on methods to reduce the consequences of a terrorist attack that are in use at chemical facilities.CommentsClose CommentsPermalink





‘(B) CONTENTS OF REPORT- The reports described in subparagraph (A) shall include, by industry sector or appropriate groupings of industry sectors, elements of feasible technologies, techniques, or other means described in subsection (b) that are--CommentsClose CommentsPermalink





‘(i) identified by covered chemical facilities under subsection (b) and submitted to the Secretary under section 2103; orCommentsClose CommentsPermalink





‘(ii) identified by the Secretary from relevant information sources.CommentsClose CommentsPermalink





‘(C) PUBLIC AVAILABILITY- Information made available under this paragraph--CommentsClose CommentsPermalink





‘(i) shall not identify any specific chemical facility;CommentsClose CommentsPermalink





‘(ii) shall be made available in accordance with section 2110; andCommentsClose CommentsPermalink





‘(iii) shall not disclose any proprietary information.CommentsClose CommentsPermalink





‘(g) Funding for Methods To Reduce the Consequences of a Terrorist Attack- The Secretary shall make grants to covered chemical facilities, with priority given to the highest risk covered chemical facilities, as determined by the Secretary, to supplement a portion of the costs of implementing methods to reduce the consequences of a terrorist attack.CommentsClose CommentsPermalink

‘SEC. 2112. APPLICABILITY.

‘This title shall not apply to--CommentsClose CommentsPermalink





‘(1) any chemical facility that is owned and operated by the Secretary of Defense;CommentsClose CommentsPermalink





‘(2) the transportation in commerce, including incidental storage, of any substance of concern regulated as a hazardous material under chapter 51 of title 49, United States Code;CommentsClose CommentsPermalink





‘(3) all or a specified portion of any chemical facility that--CommentsClose CommentsPermalink





‘(A) is subject to regulation by the Nuclear Regulatory Commission (referred to in this paragraph as the ‘Commission’) or a State that has entered into an agreement with the Commission under section 274 b. of the Atomic Energy Act of 1954 (42 U.S.C. 2021 b.);CommentsClose CommentsPermalink





‘(B) has had security controls imposed by the Commission or State, whichever has the regulatory authority, on the entire facility or the specified portion of the chemical facility; andCommentsClose CommentsPermalink





‘(C) has been designated by the Commission, after consultation with the State, if any, that regulates the facility, and the Secretary, as excluded from the application of this title;CommentsClose CommentsPermalink





‘(4) any public water system subject to the Safe Drinking Water Act (42 U.S.C. 300f et seq.); orCommentsClose CommentsPermalink





‘(5) any treatment works, as defined in section 212 of the Federal Water Pollution Control Act (33 U.S.C. 1292).CommentsClose CommentsPermalink

‘SEC. 2113. SAVINGS CLAUSE.

‘(a) In General- Nothing in this title shall affect or modify in any way any obligation or liability of any person under any other Federal law, including--CommentsClose CommentsPermalink





‘(1) section 112 of the Clean Air Act (42 U.S.C. 7412);CommentsClose CommentsPermalink





‘(2) the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.);CommentsClose CommentsPermalink





‘(3) the Resource Conservation and Recovery Act of 1976 (42 U.S.C. 6901 et seq.);CommentsClose CommentsPermalink





‘(4) the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.);CommentsClose CommentsPermalink





‘(5) the Occupational Safety and Health Act (29 U.S.C. 651 et seq.);CommentsClose CommentsPermalink





‘(6) the National Labor Relations Act (29 U.S.C. 151 et seq.);CommentsClose CommentsPermalink





‘(7) the Emergency Planning and Community Right to Know Act of 1986 (42 U.S.C. 11001 et seq.);CommentsClose CommentsPermalink





‘(8) the Safe Drinking Water Act (42 U.S.C. 300f et seq.);CommentsClose CommentsPermalink





‘(9) the Maritime Transportation Security Act of 2002 (Public Law 107-295);CommentsClose CommentsPermalink





‘(10) the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.);CommentsClose CommentsPermalink





‘(11) the Toxic Substances Control Act (15 U.S.C. 2601 et seq.);CommentsClose CommentsPermalink





‘(12) the Pollution Prevention Act of 1990 (42 U.S.C. 13101 et seq.); andCommentsClose CommentsPermalink





‘(13) the Fair Credit Reporting Act (15 U.S.C. 1681 et seq.).CommentsClose CommentsPermalink





‘(b) State and Local Governments- Nothing in this title shall preclude or deny the right of any State or unit of local government to adopt or enforce any regulation, requirement, or standard of performance relating to environmental protection, health, or safety.CommentsClose CommentsPermalink





‘(c) Access- Nothing in this title shall abridge or deny access to a chemical facility site to any person where required or permitted under any other law or regulation.CommentsClose CommentsPermalink

‘SEC. 2114. OFFICE OF CHEMICAL FACILITY SECURITY.

‘(a) In General- There is established in the Department an Office of Chemical Facility Security, headed by a Director, who shall--CommentsClose CommentsPermalink





‘(1) be a member of the Senior Executive Service under section 5382 of title 5, United States Code; andCommentsClose CommentsPermalink





‘(2) be responsible for carrying out the responsibilities of the Secretary under this title.CommentsClose CommentsPermalink





‘(b) Professional Qualifications- The individual selected by the Secretary as the Director of the Office of Chemical Facility Security shall have professional qualifications and experience necessary for effectively directing the Office of Chemical Facility Security and carrying out this title, including--CommentsClose CommentsPermalink





‘(1) a demonstrated knowledge of--CommentsClose CommentsPermalink





‘(A) physical infrastructure protection;CommentsClose CommentsPermalink





‘(B) cybersecurity;CommentsClose CommentsPermalink





‘(C) chemical facility security;CommentsClose CommentsPermalink





‘(D) hazard analysis;CommentsClose CommentsPermalink





‘(E) chemical process engineering;CommentsClose CommentsPermalink





‘(F) chemical process safety reviews; orCommentsClose CommentsPermalink





‘(2) other such qualifications that the Secretary determines to be necessary.CommentsClose CommentsPermalink





‘(c) Selection Process- The Secretary shall--CommentsClose CommentsPermalink





‘(1) make a reasonable effort to select an individual to serve as the Director of the Office of Chemical Facility Security from among a group of candidates that is diverse with respect to race, ethnicity, age, gender, and disability characteristics; andCommentsClose CommentsPermalink





‘(2) submit information on the selection process, including details on efforts to assure diversity among the candidates, to--CommentsClose CommentsPermalink





‘(A) the Committee on Homeland Security and Governmental Affairs of the Senate; andCommentsClose CommentsPermalink





‘(B) the Committee on Homeland Security and the Committee on Energy and Commerce of the House of Representatives.CommentsClose CommentsPermalink





‘(d) Outreach Support-CommentsClose CommentsPermalink





‘(1) POINT OF CONTACT- The Secretary shall designate a point of contact for the Administrator of the Environmental Protection Agency, and the head of any other agency designated by the Secretary, with respect to the requirements under this title.CommentsClose CommentsPermalink





‘(2) OUTREACH- The Secretary shall, as appropriate, and in accordance with this title, inform State emergency response commissions appointed under section 301(a) of the Emergency Planning and Community Right-To-Know Act of 1986 (42 U.S.C. 11001), local emergency planning committees appointed under section 301(c) of that Act, and any other entity designated by the Secretary of the findings of the Office of Chemical Facility Security so that the commissions and committees may update emergency planning and training procedures.CommentsClose CommentsPermalink

‘SEC. 2115. SECURITY BACKGROUND CHECKS OF COVERED INDIVIDUALS AT CERTAIN CHEMICAL FACILITIES.

‘(a) Definition of Security Background Check- In this section, the term ‘security background check’ means a review, at no cost to an individual subject to the review, under subsection (b)(1) to identify individuals who may pose a threat to chemical facility security, to national security, or of terrorism of--CommentsClose CommentsPermalink





‘(1) relevant databases to verify and validate identity;CommentsClose CommentsPermalink





‘(2) relevant criminal history databases;CommentsClose CommentsPermalink





‘(3) in the case of an alien (as defined in section 101(a)(3) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(3))), the relevant databases to determine the status of the alien under the immigration laws of the United States;CommentsClose CommentsPermalink





‘(4) the consolidated terrorist watchlist; andCommentsClose CommentsPermalink





‘(5) any other relevant information or databases, as determined by the Secretary.CommentsClose CommentsPermalink





‘(b) Regulations Issued by the Secretary-CommentsClose CommentsPermalink





‘(1) IN GENERAL-CommentsClose CommentsPermalink





‘(A) REQUIREMENT- The Secretary shall issue regulations to require covered chemical facilities to establish personnel surety for individuals described in subparagraph (B) by conducting appropriate security background checks and ensuring appropriate credentials for unescorted visitors and personnel of the covered chemical facility, including permanent and part-time personnel, temporary personnel, and contract personnel, including--CommentsClose CommentsPermalink





‘(i) measures designed to verify and validate identity;CommentsClose CommentsPermalink





‘(ii) measures designed to check criminal history;CommentsClose CommentsPermalink





‘(iii) measures designed to verify and validate legal authorization to work; andCommentsClose CommentsPermalink





‘(iv) measures designed to identify individuals with terrorist ties.CommentsClose CommentsPermalink





‘(B) INDIVIDUALS DESCRIBED- For purposes of subparagraph (A), an individual described in this subparagraph is--CommentsClose CommentsPermalink





‘(i) a covered individual who--CommentsClose CommentsPermalink





‘(I) has unescorted access to restricted areas or critical assets; orCommentsClose CommentsPermalink





‘(II) is provided with a copy of a security vulnerability assessment or site security plan;CommentsClose CommentsPermalink





‘(ii) an individual associated with a covered chemical facility, including any designated employee representative, who is provided with a copy of a security vulnerability assessment or site security plan; orCommentsClose CommentsPermalink





‘(iii) an individual who is determined by the Secretary to require a security background check based on chemical facility security performance standards.CommentsClose CommentsPermalink





‘(2) REGULATIONS- The regulations required under paragraph (1) shall set forth--CommentsClose CommentsPermalink





‘(A) the scope of the security background checks, including--CommentsClose CommentsPermalink





‘(i) a list of offenses that are reasonably related to terrorism at a chemical facility and therefore disqualify, on an interim or permanent basis, the individual from working at the covered chemical facility;CommentsClose CommentsPermalink





‘(ii) the time period after which an interim disqualifying offense is no longer a disqualification, including applying the time periods described in part 1572 of title 49, Code of Federal Regulations, or any successor thereto, where applicable to the offenses identified in clause (i); andCommentsClose CommentsPermalink





‘(iii) the time period covered for each person subject to a security background check under paragraph (1);CommentsClose CommentsPermalink





‘(B) the processes to conduct the security background checks;CommentsClose CommentsPermalink





‘(C) the necessary biographical information and other data required in order to conduct the security background checks;CommentsClose CommentsPermalink





‘(D) a redress process for an adversely affected individual consistent with subsections (c) and (d);CommentsClose CommentsPermalink





‘(E) a prohibition on an owner or operator of a covered chemical facility misrepresenting to an employee or other relevant individual, including an arbiter involved in a labor arbitration, the scope, application, or meaning of any rules, regulations, directives, or guidance issued by the Secretary related to security background check requirements for covered individuals when conducting a security background check; andCommentsClose CommentsPermalink





‘(F) a requirement that any adverse employment decision based on a finding in subparagraph (C), of a person subject to a security background check under subsection (a)(1), shall be based on accurate and up-to-date information.CommentsClose CommentsPermalink





‘(c) Misrepresentation of Adverse Employment Decisions- The regulations required under subsection (b)(1) shall provide that it shall be a misrepresentation under subsection (b)(2)(E) to attribute an adverse employment decision, including removal or suspension of an employee, to the regulations unless the owner or operator of a covered chemical facility determines, after opportunity for appropriate redress under the processes provided under subsection (d)(1), that the individual subject to the adverse employment decision--CommentsClose CommentsPermalink





‘(1)(A) meets the requirements for interim or permanent disqualifying offenses reasonably related to terrorism at a covered chemical facility promulgated under subsection (b)(1);CommentsClose CommentsPermalink





‘(B) is on the consolidated terrorist watchlist; orCommentsClose CommentsPermalink





‘(C) is determined, as a result of the security background check, not to be legally authorized to work in the United States; andCommentsClose CommentsPermalink





‘(2) has been informed of the basis for the decision and the full rights of the individual to the prompt appeals and reconsideration procedures under subsection (d) before an adverse employment action is taken.CommentsClose CommentsPermalink





‘(d) Redress Processes- The regulations issued by the Secretary under subsection (b) shall--CommentsClose CommentsPermalink





‘(1) provide an adequate and prompt redress process for an individual subject to a security background check under subsection (b)(1) who is subjected to an adverse employment decision, including removal or suspension of the individual, due to a determination by the employer under subsection (c), that is consistent with the appeals process established under section 70105(c) of title 46, United States Code, including all rights to--CommentsClose CommentsPermalink





‘(A) hearings before an administrative law judge;CommentsClose CommentsPermalink





‘(B) scope of review; andCommentsClose CommentsPermalink





‘(C) a review of an unclassified summary of classified evidence equivalent to the summary provided in part 1515 of title 49, Code of Federal Regulations;CommentsClose CommentsPermalink





‘(2) provide an adequate and prompt redress process for an individual subject to a security background check under subsection (b)(1) who is subjected to an adverse employment decision, including removal or suspension of the individual, due to a violation of subsection (b)(2)(E), which shall not preclude the exercise of any other rights available under collective bargaining agreements or applicable laws;CommentsClose CommentsPermalink





‘(3) establish a reconsideration process described in subsection (e) for an individual subject to an adverse employment decision that was attributed by an owner or operator to the regulations required under subsection (b)(1);CommentsClose CommentsPermalink





‘(4) include the authority to order an appropriate remedy, including reinstatement of the individual subject to a security background check under subsection (b)(1), if the Secretary determines that the adverse employment decision was made--CommentsClose CommentsPermalink





‘(A) in violation of the regulations required under subsection (b)(1);CommentsClose CommentsPermalink





‘(B) as a result of an erroneous determination by the Secretary to place the individual on the consolidated terrorist watchlist; orCommentsClose CommentsPermalink





‘(C) as a result of an erroneous determination by the owner or operator of a covered chemical facility under subsection (c);CommentsClose CommentsPermalink





‘(5) ensure that the redress processes required under paragraphs (1) and (2) afford to the individual a full disclosure of any public-record event covered under subsection (c) that provides the basis for an adverse employment decision; andCommentsClose CommentsPermalink





‘(6) ensure that the individual subject to a security background check under subsection (b)(1) receives the full wages and benefits due to the individual until all redress processes under this subsection are exhausted.CommentsClose CommentsPermalink





‘(e) Reconsideration Process-CommentsClose CommentsPermalink





‘(1) IN GENERAL- The reconsideration process required under subsection (d)(3) shall--CommentsClose CommentsPermalink





‘(A) require the Secretary to determine, within 30 days after receiving a petition submitted by an individual subject to an adverse employment decision that was attributed by an owner or operator to the regulations required under subsection (b)(1), whether the individual poses a security risk to the covered chemical facility; andCommentsClose CommentsPermalink





‘(B) include procedures consistent with section 70105(c) of title 46, United States Code, including all rights to--CommentsClose CommentsPermalink





‘(i) hearings before an administrative law judge;CommentsClose CommentsPermalink





‘(ii) scope of review; andCommentsClose CommentsPermalink





‘(iii) a review of an unclassified summary of classified evidence equivalent to the summary provided in part 1515 of title 49, Code of Federal Regulations.CommentsClose CommentsPermalink





‘(2) DETERMINATION BY THE SECRETARY- In making a determination described under paragraph (1)(A), the Secretary shall--CommentsClose CommentsPermalink





‘(A) give consideration to the circumstance of any disqualifying act or offense, restitution made by the individual, Federal and State mitigation remedies, and other factors from which it may be concluded that the individual does not pose a security risk to the covered chemical facility; andCommentsClose CommentsPermalink





‘(B) determine whether the individual poses a security risk to the covered chemical facility to the petitioner and to the owner or operator of the covered chemical facility.CommentsClose CommentsPermalink





‘(3) OWNER OR OPERATOR RECONSIDERATION- If the Secretary determines under paragraph (1)(A) that the individual does not pose a security risk to the covered chemical facility, it shall be a prohibited misrepresentation for the owner or operator of the covered chemical facility to continue to attribute the adverse employment decision to the regulations under subsection (b)(1).CommentsClose CommentsPermalink





‘(f) Restrictions on Use and Maintenance of Information- Information obtained under this section by the Secretary or the owner or operator of a covered chemical facility--CommentsClose CommentsPermalink





‘(1) may not be made available to the public;CommentsClose CommentsPermalink





‘(2) may not be accessed by an employee of the covered chemical facility, except for an employee who is directly involved with collecting the information or conducting or evaluating security background checks;CommentsClose CommentsPermalink





‘(3) shall be maintained confidentially by the covered chemical facility and the Secretary;CommentsClose CommentsPermalink





‘(4) shall be used only for making determinations under this section; andCommentsClose CommentsPermalink





‘(5) may be shared by the Secretary with other Federal law enforcement agencies and law enforcement agencies of State and local governments.CommentsClose CommentsPermalink





‘(g) Savings Clause-CommentsClose CommentsPermalink





‘(1) RIGHTS AND RESPONSIBILITIES- Nothing in this section shall be construed to abridge any right or responsibility of an individual subject to a security background check under subsection (b)(1) or an owner or operator of a covered chemical facility under any other Federal law, the law of a State or local government, or a collective bargaining agreement.CommentsClose CommentsPermalink





‘(2) EXISTING RIGHTS- Nothing in this section shall be construed as creating any new right or modifying any existing right of an individual to appeal a determination by the Secretary as a result of a check against a terrorist watch list.CommentsClose CommentsPermalink





‘(h) Preemption- Nothing in this section shall be construed to preempt, alter, or affect a Federal law or the law of a State local or local government that requires criminal history background checks, checks on the authorization of an individual to work in the United States, or other background checks of individuals subject to security background checks under subsection (b)(1).CommentsClose CommentsPermalink





‘(i) Department-Conducted Security Background Check-CommentsClose CommentsPermalink





‘(1) IN GENERAL- The regulations under subsection (b)(1) shall set forth a process by which the Secretary, on an ongoing basis, shall determine whether alternate security background checks conducted by the Secretary are sufficient to meet the requirements under this section such that no additional security background check under this section is required for an individual for whom the qualifying alternate security background check was conducted.CommentsClose CommentsPermalink





‘(2) SUBMISSION OF INFORMATION FOR VERIFICATION- The Secretary may require the owner or operator of a covered chemical facility to which an individual will have unescorted access to sensitive or restricted areas to submit identifying information about the individual and the alternate security background check conducted for the individual to the Secretary in order to enable the Secretary to verify the validity of the alternate security background check.CommentsClose CommentsPermalink





‘(3) DETERMINATION OF EXEMPTION FROM SECURITY BACKGROUND CHECK-CommentsClose CommentsPermalink





‘(A) IN GENERAL- The Secretary shall determine whether a security background check under this section is required for an individual holding a transportation security card issued under section 70105 of title 46, United States Code.CommentsClose CommentsPermalink





‘(B) REGULATIONS- If the Secretary determines under subparagraph (A) that no background check is required for an individual holding a transportation security card issued under section 70105 of title 46, United States Code, the Secretary shall include the determination in the regulations required under subsection (b)(1).CommentsClose CommentsPermalink





‘(j) Termination of Employment- If, as the result of a security background check, an owner or operator of a covered chemical facility finds that a covered individual is not legally authorized to work in the United States, the owner or operator shall cease to employ the covered individual, subject to the appropriate redress processes available to the individual under this section.CommentsClose CommentsPermalink

‘SEC. 2116. CITIZEN ENFORCEMENT.

‘(a) In General- Except as provided in subsection (c), a person may bring a civil action--CommentsClose CommentsPermalink





‘(1) against any governmental entity (including the United States and any other governmental instrumentality or agency, to the extent permitted by the eleventh amendment to the Constitution of the United States, and any federally owned-contractor operated facility) alleged to be in violation of any order that has become effective under this title; orCommentsClose CommentsPermalink





‘(2) against the Secretary, for an alleged failure to perform any act or duty under this title that is not discretionary for the Secretary.CommentsClose CommentsPermalink





‘(b) Court of Jurisdiction-CommentsClose CommentsPermalink





‘(1) IN GENERAL- Any action under subsection (a)(1) shall be brought in the district court of the United States for the district in which the alleged violation occurred.CommentsClose CommentsPermalink





‘(2) ACTION AGAINST THE SECRETARY- Any action brought under subsection (a)(2) may be brought in the district court of the United States for the district in which the alleged violation occurred or in the United States District Court for the District of Columbia.CommentsClose CommentsPermalink





‘(3) RELIEF- A district court of the United States may, without regard to the amount in controversy or the citizenship of the parties--CommentsClose CommentsPermalink





‘(A) enforce an order described in subsection (a)(1);CommentsClose CommentsPermalink





‘(B) order a governmental entity to take such action as may be necessary to enforce an order described in subsection (a)(1); andCommentsClose CommentsPermalink





‘(C) in a civil action brought under subsection (a)(2), order the Secretary to perform a non-discretionary act or duty under this title, and impose civil penalties, as appropriate, under section 2107.CommentsClose CommentsPermalink





‘(c) Actions Prohibited- A civil action may not be filed under subsection (a) before 60 days after the date on which the person commencing the action has given notice of the alleged violation to--CommentsClose CommentsPermalink





‘(1) the Secretary; andCommentsClose CommentsPermalink





‘(2) in the case of an action under subsection (a)(1), any governmental entity alleged to be in violation of an order.CommentsClose CommentsPermalink





‘(d) Notice- Notice under this section shall be given in such manner as the Secretary shall prescribe by regulation.CommentsClose CommentsPermalink





‘(e) Intervention- In any action under this section, the Secretary, if not a party, may intervene as a matter of right.CommentsClose CommentsPermalink





‘(f) Costs- If determined appropriate by the court, the court may award the costs of litigation (including reasonable attorney and expert witness fees) to the prevailing or substantially prevailing party in a civil action under subsection (a).CommentsClose CommentsPermalink





‘(g) Bond- The court may, if a temporary restraining order or preliminary injunction is sought, require the filing of a bond or equivalent security in accordance with the Federal Rules of Civil Procedure.CommentsClose CommentsPermalink





‘(h) Other Rights Preserved- Nothing in this section shall restrict any right which any person (or class of persons) may have under any statute or common law.CommentsClose CommentsPermalink

‘SEC. 2117. CITIZEN PETITIONS.

‘(a) Regulations- The Secretary shall issue regulations to establish a citizen petition process for petitions described in subsection (b), which shall establish--CommentsClose CommentsPermalink





‘(1) the format for the petitions;CommentsClose CommentsPermalink





‘(2) the procedure for investigation of the petitions;CommentsClose CommentsPermalink





‘(3) the procedure for response to the petitions, including timelines;CommentsClose CommentsPermalink





‘(4) the procedure for referral to and review by the Office of the Inspector General of the Department without deference to a determination made by the Secretary with respect to the petition; andCommentsClose CommentsPermalink





‘(5) the procedure for rejection or acceptance by the Secretary of the recommendation of the Office of the Inspector General.CommentsClose CommentsPermalink





‘(b) Petitions- The regulations promulgated under subsection (a) shall allow any person to file a petition with the Secretary--CommentsClose CommentsPermalink





‘(1) identifying any person (including the United States and any other governmental instrumentality or agency, to the extent permitted by the eleventh amendment to the Constitution of the United States) alleged to be in violation of any standard, regulation, condition, requirement, prohibition, plan, or order that has become effective under this title; andCommentsClose CommentsPermalink





‘(2) describing the alleged violation of any standard, regulation, condition, requirement, prohibition, plan, or order that has become effective under this title by the person described in paragraph (1).CommentsClose CommentsPermalink





‘(c) Requirements- After the Secretary issues regulations under subsection (a), the Secretary shall--CommentsClose CommentsPermalink





‘(1) accept all petitions described under subsection (b) that meet the requirements of the regulations issued under subsection (a);CommentsClose CommentsPermalink





‘(2) investigate all allegations contained in accepted petitions;CommentsClose CommentsPermalink





‘(3) determine whether enforcement action will be taken concerning the alleged violation or violations;CommentsClose CommentsPermalink





‘(4) respond to all accepted petitions promptly and in writing;CommentsClose CommentsPermalink





‘(5) include in all responses to petitions a brief and concise statement, to the extent permitted under section 2110, of the allegations, the steps taken to investigate, the determination made, and the reasons for such determination;CommentsClose CommentsPermalink





‘(6) maintain an internal record including all protected information relating to the determination;CommentsClose CommentsPermalink





‘(7) with respect to any petition for which the Secretary has not made a timely response or the response of the Secretary is unsatisfactory to the petitioner, provide the petitioner with the opportunity to request--CommentsClose CommentsPermalink





‘(A) a review of the full record by the Inspector General of the Department, including a review of protected information; andCommentsClose CommentsPermalink





‘(B) the formulation of recommendations by the Inspector General and submittal of such recommendations to the Secretary and, to the extent permitted under section 2110, to the petitioner; andCommentsClose CommentsPermalink





‘(8) respond to a recommendation submitted by the Inspector General under paragraph (7) by adopting or rejecting the recommendation.CommentsClose CommentsPermalink

‘SEC. 2118. NOTIFICATION SYSTEM TO ADDRESS PUBLIC CONCERNS.

‘(a) Establishment- The Secretary shall establish a notification system, which shall provide an individual the ability to report, via telephonic and Internet-based means, a suspected security deficiency or suspected noncompliance with this title.CommentsClose CommentsPermalink





‘(b) Acknowledgment- When the Secretary receives a report through the notification system established under subsection (a), the Secretary shall respond to the report in a timely manner, but in no case shall the Secretary respond to such a report later than 30 days after receipt of the report.CommentsClose CommentsPermalink





‘(c) Steps To Address Problems- The Secretary shall--CommentsClose CommentsPermalink





‘(1) review each report received through the notification system established under subsection (a); andCommentsClose CommentsPermalink





‘(2) as necessary, take appropriate enforcement action under section 2107.CommentsClose CommentsPermalink





‘(d) Feedback Required- Upon request, the Secretary shall provide to the individual who reported the suspected security deficiency or noncompliance through the notification system established under subsection (a) a written response that includes the findings of the Secretary with respect to the report submitted by the individual and what, if any, compliance action was taken in response to the report.CommentsClose CommentsPermalink





‘(e) Inspector General Report Required-CommentsClose CommentsPermalink





‘(1) IN GENERAL- The Inspector General of the Department shall submit to the Committee on Homeland Security and Governmental Affairs and the Committee on Environment and Public Works of the Senate and the Committee on Homeland Security and the Committee on Energy and Commerce of the House of Representatives an annual report on the reports received under the notification system established under subsection (a) and the disposition of the reports by the Secretary.CommentsClose CommentsPermalink





‘(2) CONFIDENTIAL INFORMATION- The report required under paragraph (1) shall be made publically available, except for protected information as determined by the Inspector General, which shall be submitted to Congress in an appendix to the report.CommentsClose CommentsPermalink

‘SEC. 2119. EMERGENCY RESPONSE CAPACITY STUDY.

‘(a) Assessment and Report-CommentsClose CommentsPermalink





‘(1) IN GENERAL- The Secretary shall assess and submit a report to Congress on the emergency response resources that would be required in order to feasibly respond to a worst-case chemical facility terrorist incident, including worst-case release of a substance of concern.CommentsClose CommentsPermalink





‘(2) CONTENTS- The report required under paragraph (1) shall describe--CommentsClose CommentsPermalink





‘(A) the availability of fire, police, medical, and other response personnel;CommentsClose CommentsPermalink





‘(B) the sufficiency of emergency response facilities, equipment, and supplies;CommentsClose CommentsPermalink





‘(C) the logistical feasibility of evacuation;CommentsClose CommentsPermalink





‘(D) the carrying capacity of impeded and unimpeded evacuation routes;CommentsClose CommentsPermalink





‘(E) the protective capacity of structures;CommentsClose CommentsPermalink





‘(F) the availability of health and environmental hazard detection, identification, monitoring, cleanup, and decontamination;CommentsClose CommentsPermalink





‘(G) the surge capacities of hospitals and other health care facilities;CommentsClose CommentsPermalink





‘(H) the feasibility of warning persons within vulnerable areas prior to impact and the capacity of community notification and warning systems;CommentsClose CommentsPermalink





‘(I) the protection of vulnerable populations and immobilized populations (including in schools, day care centers, nursing homes, hospitals, sports arenas, shopping malls, homes, and businesses);CommentsClose CommentsPermalink





‘(J) any additional relevant planning provisions identified in section 303(c) of the Emergency Planning and Community Right to Know Act (42 U.S.C. 11003(c));CommentsClose CommentsPermalink





‘(K) the necessary funding, organization (including interagency coordination), personnel, training, equipment, exercises, transportation, community notification, medical, infrastructure, and other elements to appropriately address any deficiencies in response capacities; andCommentsClose CommentsPermalink





‘(L) any additional factors affecting the feasibility of appropriately responding to a worst-case chemical facility terrorist incident, including worst-case release of a substance of concern.CommentsClose CommentsPermalink





‘(3) PUBLIC AVAILABILITY- The report required under this section shall be made publicly available, and shall not include protected information.CommentsClose CommentsPermalink





‘(4) CONFIDENTIAL INFORMATION- The Secretary shall submit any protected information relating to the report required under paragraph (1) to Congress in an appendix to the report.CommentsClose CommentsPermalink

‘SEC. 2120. ANNUAL REPORT TO CONGRESS.

‘(a) Annual Report- Not later than 1 year after the date of enactment of this title, and annually thereafter for 10 years, the Secretary shall submit a report on progress in achieving compliance with this title to--CommentsClose CommentsPermalink





‘(1) the Committee on Homeland Security and Governmental Affairs and the Committee on Environment and Public Works of the Senate; andCommentsClose CommentsPermalink





‘(2) the Committee on Homeland Security and the Committee on Energy and Commerce of the House of Representatives.CommentsClose CommentsPermalink





‘(b) Requirement- Each report required under subsection (a) shall include--CommentsClose CommentsPermalink





‘(1) a qualitative discussion of how covered chemical facilities, differentiated by tier, have reduced the risks of chemical facility terrorist incidents at the covered chemical facilities, including--CommentsClose CommentsPermalink





‘(A) a generalized summary of measures implemented by covered chemical facilities in order to meet each risk-based chemical facility performance standard established under this title, and the measures that the covered chemical facilities already had in place--CommentsClose CommentsPermalink





‘(i) in the case of the first report under this section, before the issuance of the final rule implementing the regulations known as the ‘Chemical Facility Anti-Terrorism Standards’, issued on April 9, 2007; andCommentsClose CommentsPermalink





‘(ii) in the case of each subsequent report, since the submittal of the most recent report submitted under this section; andCommentsClose CommentsPermalink





‘(B) any other generalized summary the Secretary determines appropriate to describe the measures covered chemical facilities are implementing to comply with this title; andCommentsClose CommentsPermalink





‘(2) a quantitative summary of how the covered chemical facilities, differentiated by tier, are complying with this title during the period covered by the report and how the Secretary is implementing and enforcing this title during the period covered by the report, including--CommentsClose CommentsPermalink





‘(A) the number of chemical facilities that provided the Secretary with information about possessing substances of concern, as described in section 2102(b)(2);CommentsClose CommentsPermalink





‘(B) the number of covered chemical facilities assigned to each tier;CommentsClose CommentsPermalink





‘(C) the number of security vulnerability assessments and site security plans submitted by covered chemical facilities;CommentsClose CommentsPermalink





‘(D) the number of security vulnerability assessments and site security plans approved and disapproved by the Secretary;CommentsClose CommentsPermalink





‘(E) the number of covered chemical facilities without an approved security vulnerability assessment or site security plan;CommentsClose CommentsPermalink





‘(F) the number of chemical facilities that have been assigned to a different tier or are no longer designated as a covered chemical facility by the Secretary due to implementation of a method to reduce the consequences of a terrorist attack and a description of the method;CommentsClose CommentsPermalink





‘(G) the number of orders for compliance issued by the Secretary;CommentsClose CommentsPermalink





‘(H) the administrative penalties assessed by the Secretary for noncompliance with this title;CommentsClose CommentsPermalink





‘(I) the civil penalties assessed by the court for noncompliance with this title;CommentsClose CommentsPermalink





‘(J) the number of terrorist watchlist checks conducted by the Secretary in order to comply with this title;CommentsClose CommentsPermalink





‘(K) the number of appeals conducted by the Secretary and the number of petitions for reconsideration considered by the Secretary under the processes established under subsections (d) and (e) of section 2115, including those appeals and reconsiderations addressing the processes described under section 2115(c);CommentsClose CommentsPermalink





‘(L) aggregate information regarding the time taken for the appeals described in subparagraph (K);CommentsClose CommentsPermalink





‘(M) aggregate information regarding the manner in which the appeals described in subparagraph (K) were resolved;CommentsClose CommentsPermalink





‘(N) based on information provided to the Secretary annually by each owner or operator of a covered chemical facility, the number of individuals subjected to adverse employment decisions that were attributed by the owner or operator to the regulations required under section 2115(b)(1); andCommentsClose CommentsPermalink





‘(O) any other data the Secretary determines appropriate to describe compliance with this title by chemical facilities and the implementation of this title by the Secretary.CommentsClose CommentsPermalink





‘(c) Public Availability- A report submitted under this section shall be made publicly available.CommentsClose CommentsPermalink