,,ii #aacth ,,congress #ast ,session ,s4 #fh ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,january #bc 7legislative day1 ,january #c71 #bjac ,mr4 ,lautenberg introduced the following bill2 which was read twice and referred to the ,committee on ,homeland ,security and ,governmental ,affairs ,a ,,bill ,to enhance the security of chemical facilities and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,secure ,chemical ,facilities ,act4 #b4 ,findings and purpose 7a7 ,findings ,congress finds the following3 7#a7 ,the chemical sector of the ,united ,states represents a target that terrorists could exploit to cause consequences1 including death1 injury1 or serious adverse effects to human health1 the environment1 critical infrastructure1 public health1 homeland security1 national security1 and the national economy4 7#b7 ,chemical facilities that pose such potential consequences and that are vulnerable to terrorist attacks must be protected4 7#c7 ,the ,secretary of ,homeland ,security has statutory authority under section #eej of the ,department of ,homeland ,security ,appropriations ,act1 #bjjg 7#f ,u4,s4,c4 #aba note7 to regulate the security practices at chemical facilities that are at significant risk of being terrorist targets4 7#d7 ,the ,secretary of ,homeland ,security issued interim final regulations entitled the ,chemical ,facility ,anti-,terrorism ,standards1 which became effective on ,june #h1 #bjjg4 7b7 ,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 facilities4 #c4 ,extension1 modification1 and recodification of authority of ,secretary of ,homeland ,security to regulate security practices at chemical facilities 7a7 ,in ,general ,the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #aja et seq47 is amended by adding at the end the following3 ,,xxi ,regulation of ,security ,practices at ,chemical ,facilities #baja4 ,definitions ,in this title3 7#a7 ,academic laboratory ,the term academic laboratory means a facility or area owned by an institution of higher education 7as defined under section #aja of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajja77 or a nonprofit research institute or teaching hospital that has a formal affiliation with an institution of higher education1 including photo laboratories1 art studios1 field laboratories1 research farms1 chemical stockrooms1 and preparatory laboratories1 where relatively small quantities of chemicals and other substances1 as determined by the ,secretary1 are-- 7,a7 used on a nonproduction basis for-- 7i7 teaching2 7ii7 research2 or 7iii7 diagnostic purposes2 and 7,b7 stored and used in containers that are typically manipulated by #a person4 7#b7 ,chemical facility ,the term chemical facility means any facility-- 7,a7 at which the owner or operator of the facility possesses or plans to possess a substance of concern2 or 7,b7 that meets other risk-related criteria identified by the ,secretary4 7#c7 ,chemical facility security performance standards ,the term chemical facility security performance standards means risk-based standards established by the ,secretary under section #bajc7;c74 7#d7 ,chemical facility terrorist incident ,the term chemical facility terrorist incident means any act or attempted act of terrorism or terrorist incident committed at1 near1 or against a chemical facility1 including such an act that involves-- 7,a7 the release of a substance of concern from a chemical facility2 7,b7 the theft1 misappropriation1 or misuse of a substance of concern from a chemical facility2 or 7,c7 the sabotage of a chemical facility or a substance of concern at a chemical facility4 7#e7 ,covered chemical facility ,the term covered chemical facility means a chemical facility that the ,secretary determines meets the criteria under section #bajb7;b77#a74 7#f7 ,covered individual ,the term covered individual means a permanent1 temporary1 full-time1 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 contract4 7#g7 ,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 facility4 7#h7 ,environment ,the term environment has the meaning given the term in section #aja of the ,comprehensive ,environmental ,response1 ,compensation1 and ,liability ,act of #aihj 7#db ,u4,s4,c4 #ifja74 7#i7 ,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 incident1 including-- 7,a7 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 substances1 formulations1 or processes2 7,b7 the modification of pressures1 temperatures1 or concentrations of a substance of concern2 and 7,c7 the reduction or elimination of onsite handling of a substance of concern through improvement of inventory control or chemical use efficiency4 7#aj7 ,owner or operator ,the term owner or operator with respect to a facility means-- 7,a7 the person who owns the facility2 7,b7 the person who has responsibility for daily operation of the facility2 and 7,c7 the person who leases the facility4 7#aa7 ,person ,the term person-- 7,a7 means an individual1 trust1 firm1 joint stock company1 corporation 7including a government corporation71 partnership1 association1 ,state1 municipality1 commission1 political subdivision of a ,state1 or interstate body2 and 7,b7 includes each department1 agency1 or instrumentality of the ,united ,states4 7#ab7 ,protected ,information 7,a7 ,in general ,the term protected information includes-- 7i7 security vulnerability assessments and site security plans1 including any assessment required under section #baaa2 7ii7 portions of the following documents1 records1 orders1 notices1 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-- 7,i7 documents directly related to the review and approval or disapproval of a security vulnerability assessment or site security plan under this title by the ,secretary2 7,,ii7 documents directly related to an inspection or audit under this title2 7,,iii7 an order1 notice1 or letter regarding the compliance of a covered chemical facility with this title2 7,,iv7 information or a document or record required to be provided to or created by the ,secretary under subsection 7b7 or 7c7 of section #bajb2 and 7,v7 a document directly related to a security drill or training exercise1 security threat or breach of security1 or maintenance1 calibration1 or testing of security equipment2 and 7iii7 any other information1 document1 or record developed exclusively for the purposes of this title that the ,secretary has determined1 by rule1 would1 if disclosed1 be detrimental to chemical facility security4 7,b7 ,exclusions ,the term protected information does not include-- 7i7 information1 other than a security vulnerability assessment or site security plan1 that the ,secretary has determined1 by rule1 to be-- 7,i7 appropriate to describe compliance by a chemical facility with this title and the implementation of this title by the ,secretary2 and 7,,ii7 not detrimental to chemical facility security if disclosed2 or 7ii7 information1 whether or not also contained in a security vulnerability assessment1 site security plan1 or in a document1 record1 order1 notice1 or letter1 or portion thereof1 described in clause 7ii7 or 7iii7 of subparagraph 7,a71 that is obtained from another source with respect to which the ,secretary has not made a determination under either clause1 including-- 7,i7 information that is required to be made publicly available under any other provision of law2 and 7,,ii7 information that a chemical facility has lawfully disclosed other than in a submission to the ,secretary under this title4 7#ac7 ,release ,the term release means any spilling1 leaking1 pumping1 pouring1 emitting1 emptying1 discharging1 injecting1 escaping1 leaching1 dumping1 or disposing into the environment 7including the abandonment or discarding of barrels1 containers1 and other closed receptacles containing any hazardous substance or pollutant or contaminant74 7#ad7 ,security vulnerability assessment ,the term security vulnerability assessment means an assessment described in section #bajc7;a77#a77;,b77i74 7#ae7 ,site security plan ,the term site security plan means a plan described in section #bajc7;a77#a77;,b77ii74 7#af7 ,substance of concern ,the term substance of concern means a chemical substance in quantity and form that is designated by the ,secretary under section #bajb7;a74 #bajb4 ,risk-based designation and ranking of chemical facilities 7a7 ,substances of ,concern 7#a7 ,designation by the secretary ,the ,secretary may-- 7,a7 designate any chemical substance as a substance of concern2 and 7,b7 establish and adjust the threshold quantity for each chemical substance designated under subparagraph 7,a74 7#b7 ,matters for consideration ,in designating a chemical substance or establishing or adjusting the threshold quantity for a chemical substance under paragraph 7#a71 the ,secretary shall consider the potential extent of death1 injury1 and serious adverse effects to human health1 the environment1 critical infrastructure1 public health1 homeland security1 national security1 and the national economy that could result from a chemical facility terrorist incident involving the chemical substance4 7b7 ,list of covered chemical facilities 7#a7 ,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-- 7,a7 the potential threat or likelihood that the chemical facility will be a target of a chemical facility terrorist incident2 7,b7 the potential extent and likelihood of death1 injury1 or serious adverse effects to human health1 the environment1 critical infrastructure1 public health1 homeland security1 national security1 or the national economy that could result from a chemical facility terrorist incident at the chemical facility2 and 7,c7 the proximity of the chemical facility to large population centers4 7#b7 ,list ,the ,secretary shall maintain a list of covered chemical facilities that the ,secretary designates under subparagraph 7,a74 7#c7 ,submission of information ,in making a determination whether to designate a chemical facility as a covered chemical facility under paragraph 7#a71 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 possess4 7c7 ,assignment of ,covered ,chemical ,facilities to ,risk-,based ,tiers 7#a7 ,assignment ,the ,secretary shall assign each covered chemical facility to #a of #d risk-based tiers1 as established by the ,secretary1 with tier #a representing the highest degree of risk and tier #d representing the lowest degree of risk4 7#b7 ,provision of information ,the owner or operator of a covered chemical facility shall provide1 at the request of the ,secretary1 any information in addition to information required by the ,secretary under subsection 7b77#c7 that may be necessary for the ,secretary to assign the chemical facility to the appropriate tier under paragraph 7#a74 7#c7 ,notification 7,a7 ,in general ,not later than #fj 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 7#a71 the ,secretary shall notify the owner or operator of the chemical facility of the determination or change4 7,b7 ,required information ,a notification made by the ,secretary under subparagraph 7,a7 shall include-- 7i7 the reason for the determination or change described in subparagraph 7,a72 and 7ii7 upon the request of the owner or operator of a covered chemical facility-- 7,i7 the number of individuals at risk of death1 injury1 or severe adverse effects to human health as a result of a worst case chemical facility terrorist incident at the covered chemical facility2 7,,ii7 information relating to why the covered chemical facility is considered critical2 and 7,,iii7 the proximity or interrelationship of the covered chemical facility to other critical infrastructure4 7d7 ,requirement for review ,the ,secretary-- 7#a7 shall periodically review-- 7,a7 the designation of a chemical substance as a substance of concern and the threshold quantity for the substance under subsection 7a77#a72 and 7,b7 whether a chemical facility meets the criteria under subsection 7b77#a72 and 7#b7 may1 at any time1 determine whether a chemical facility is a covered chemical facility or change the tier to which the covered chemical facility is assigned under subsection 7c77#a74 7e7 ,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 facility4 #bajc4 ,security vulnerability assessments and site security plans 7a7 ,in general 7#a7 ,requirement ,the ,secretary shall-- 7,a7 establish standards1 protocols1 and procedures for security vulnerability assessments and site security plans required for covered chemical facilities under this paragraph2 7,b7 require the owner or operator of each covered chemical facility to-- 7i7 conduct and submit to the ,secretary an assessment of the vulnerability of the covered chemical facility to a range of chemical facility terrorist incidents1 including an incident that results in a worst-case release of a substance of concern2 7ii7 prepare1 implement1 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 7c72 7iii7 in developing the security vulnerability assessment and site security plan1 include participation by-- 7,i7 not less than #a supervisory employee of the covered chemical facility2 7,,ii7 not less than #a nonsupervisory employee of the covered chemical facility2 and 7,,iii7 not less than #a employee representative from each bargaining agent at the covered chemical facility1 if any2 and 7iv7 include1 with the submission of the security vulnerability assessment and the site security plan of the covered chemical facility1 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 #bajg2 7,c7 set deadlines1 by tier1 for the completion of security vulnerability assessments and site security plans2 7,d7 upon request1 as necessary1 and to the extent that resources permit1 provide technical assistance to a covered chemical facility conducting a security vulnerability assessment or site security plan2 7,e7 establish specific deadlines and requirements for the submission by a covered chemical facility of information describing-- 7i7 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 title2 or 7ii7 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 facility2 7,f7 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 #e years2 7,g7 not later than #ahj days after the date on which the ,secretary receives a security vulnerability assessment or site security plan under this paragraph-- 7i7 review and approve or disapprove the security vulnerability assessment or site security plan2 and 7ii7 notify the covered chemical facility of the approval or disapproval2 and 7,h7 establish1 as appropriate1 modified or separate standards1 protocols1 and procedures for security vulnerability assessments and site security plans for covered chemical facilities that are also academic laboratories4 7#b7 ,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 function4 7b7 ,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 knowledge1 experience1 training1 or education relevant to the portion of the security vulnerability assessment or site security plan on which the person is participating4 7c7 ,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-- 7#a7 restricting the area perimeter of the covered chemical facility2 7#b7 securing site assets2 7#c7 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 enter1 including-- 7,a7 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 facility2 and 7,b7 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 measures2 7#d7 methods to deter1 detect1 and delay a chemical facility terrorist incident1 creating sufficient time between detection of a chemical facility terrorist incident and the point at which the chemical facility terrorist incident becomes successful1 including measures to-- 7,a7 deter vehicles from penetrating the perimeter of the covered chemical facility1 gaining unauthorized access to restricted areas1 or otherwise presenting a hazard to potentially critical targets2 7,b7 deter chemical facility terrorist incidents through visible1 professional1 well-maintained security measures and systems1 including-- 7i7 security personnel2 7ii7 detection systems2 7iii7 barriers and barricades2 and 7iv7 hardened or reduced value targets2 7,c7 detect chemical facility terrorist incidents at early stages through-- 7i7 counter-surveillance at the site of the covered chemical facility2 7ii7 frustration of opportunity to observe potential targets2 7iii7 site surveillance and sensing systems2 and 7iv7 barriers and barricades2 and 7,d7 delay a chemical facility terrorist incident for a sufficient period of time so as to allow appropriate response through-- 7i7 onsite security response2 7ii7 barriers and barricades2 7iii7 hardened targets2 and 7iv7 well-coordinated response planning2 7#e7 securing and monitoring the shipping1 receipt1 and storage of a substance of concern for the covered chemical facility2 7#f7 deterring theft or diversion of a substance of concern2 7#g7 deterring insider sabotage2 7#h7 deterring cyber sabotage1 including by preventing unauthorized onsite or remote access to critical process controls1 including-- 7,a7 supervisory control and data acquisition systems2 7,b7 distributed control systems2 7,c7 process control systems2 7,d7 industrial control systems2 7,e7 critical business systems2 and 7,f7 other sensitive computerized systems2 7#i7 developing and conducting exercises of an internal emergency plan for owners1 operators1 and covered individuals for a covered chemical facility for responding to chemical facility terrorist incidents at the covered chemical facility1 including providing appropriate information to any local emergency planning committee1 ,state emergency response commission1 local law enforcement officials1 and emergency response providers to ensure an effective1 collective response to terrorist incidents2 7#aj7 maintaining effective monitoring1 communications1 and warning systems1 including-- 7,a7 measures designed to ensure that security systems and equipment are in good working order and inspected1 tested1 calibrated1 and otherwise maintained2 7,b7 measures designed to regularly test security systems1 note deficiencies1 correct for detected deficiencies1 and record results so that the results are available for inspection by the ,secretary2 and 7,c7 measures to allow the chemical facility to promptly identify and respond to security system and equipment failures or malfunctions2 7#aa7 ensuring mandatory annual security training1 exercises1 and drills of covered chemical facility personnel appropriate to their roles1 responsibilities1 and access to a substance of concern1 including participation by local law enforcement agencies1 and local emergency response providers1 and appropriate supervisory and non-supervisory facility employees and employee representatives1 if any2 7#ab7 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 personnel1 including permanent and part-time personnel1 temporary personnel1 and contract personnel1 including-- 7,a7 measures designed to verify and validate identity2 7,b7 measures designed to check criminal history2 7,c7 measures designed to verify and validate legal authorization to work2 and 7,d7 measures designed to identify individuals with terrorist ties2 7#ac7 escalating the level of protective measures for periods of elevated threat2 7#ad7 specific threats1 vulnerabilities1 or risks identified by the ,secretary for the covered chemical facility2 7#ae7 reporting of significant security incidents to the ,secretary and to appropriate local law enforcement officials2 7#af7 identifying1 investigating1 reporting1 and maintaining records of significant security incidents and suspicious activities at or near the covered chemical facility2 7#ag7 establishing #a or more officials and an organization responsible for-- 7,a7 security2 7,b7 compliance with the standards established under this subsection2 7,c7 serving as the point of contact for incident management purposes with ,federal agencies1 agencies of ,state or local government 7including law enforcement agencies71 and emergency response providers2 and 7,d7 coordination with ,federal agencies1 agencies of ,state or local government 7including law enforcement agencies71 and emergency response providers regarding plans and security measures for the collective response to a chemical facility terrorist incident2 7#ah7 maintaining appropriate records relating to the security of the covered chemical facility1 including a copy of the most recent security vulnerability assessment and site security plan1 at the covered chemical facility2 7#ai7 assessing and1 as appropriate1 using methods to reduce the consequences of a terrorist attack2 7#bj7 methods to recover or mitigate the release of a substance of concern in the event of a chemical facility terrorist incident2 7#ba7 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 agents2 and 7#bb7 any additional security performance standards the ,secretary may specify4 7d7 ,risk-,based chemical security performance standards 7#a7 ,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 7a74 7#b7 ,requirements ,in establishing the risk-based chemical security performance standards under paragraph 7#a71 the ,secretary shall-- 7,a7 require separate and1 as appropriate1 increasingly stringent risk-based chemical security performance standards for site security plans as the level of risk associated with the tier increases2 and 7,b7 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 subsection4 7e7 ,collocated chemical facilities ,the ,secretary may allow an owner or operator of a covered chemical facility that is located geographically close1 as determined by the ,secretary1 to another covered chemical facility to develop and implement coordinated security vulnerability assessments and site security plans4 7f7 ,alternate security programs as component of security vulnerability assessment and site security plan 7#a7 ,acceptance of program ,at the request of an owner or operator of a covered chemical facility1 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 section1 if the ,secretary determines that the alternate security program1 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-- 7,a7 meets the requirements under this title and the regulations promulgated under this title2 7,b7 provides the level of security that is equivalent to the level of security required under this title and the regulations promulgated under this title2 and 7,c7 includes employee participation as required under subsection 7a77#a77;,b77iii74 7#b7 ,secretarial review required ,nothing in this subsection shall relieve the ,secretary of the obligation to-- 7,a7 review a security vulnerability assessment or site security plan submitted by a covered chemical facility under this section2 and 7,b7 approve or disapprove the security vulnerability assessment or site security plan on an individual basis according to the deadlines established under subsection 7a74 7#c7 ,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 title4 7#d7 ,personnel surety alternate security program ,upon application from a nonprofit personnel surety accrediting organization acting on behalf of1 and with written authorization from1 the owner or operator of a covered chemical facility1 the ,secretary may accept a personnel surety alternate security program that-- 7,a7 meets the requirements of section #baae2 and 7,b7 provides for a background check process that is-- 7i7 expedited1 affordable1 reliable1 and accurate2 7ii7 fully protective of the rights of covered individuals through procedures that are consistent with the privacy protections available under the ,fair ,credit ,reporting ,act 7#ae ,u4,s4,c4 #afha et seq472 and 7iii7 a single background check consistent with a risk-based tiered program4 7g7 ,other authorities 7#a7 ,regulation of maritime facilities 7,a7 ,risk-,based ,tiering ,the owner or operator of a chemical facility required to submit a facility security plan under section #gjajc7;c7 of title #df1 ,united ,states ,code1 shall be required to submit information to the ,secretary necessary to-- 7i7 determine whether to designate the chemical facility as a covered chemical facility2 and 7ii7 assign the chemical facility to a risk-based tier under section #bajb of this title4 7,b7 ,additional ,measures ,subject to subparagraph 7,c71 in the case of a facility for which a facility security plan is required to be submitted under section #gjajc7;c7 of title #df1 ,united ,states ,code1 that is designated as a covered chemical facility1 the ,commandant of the ,coast ,guard1 after consultation with the ,secretary1 shall require the owner or operator of the facility to update the security vulnerability assessments and facility security plans required under section #gjajc7;c7 of title #df1 ,united ,states ,code1 if necessary1 to ensure a level of security for substances of concern that is equivalent to the level of security required by regulations promulgated under this title1 including the requirements under section #baaa1 in the same manner as other covered chemical facilities in this title4 7,c7 ,personnel surety 7i7 ,exception ,the owner or operator of a covered chemical facility that has a facility security plan approved under section #gjajc7;c7 of title #df1 ,united ,states ,code1 shall not be required to update or amend the facility security plan in order to meet the requirements under section #baae of this title4 7ii7 ,equivalent access ,an individual described in section #baae7;b77#a77;,b7 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 #gjajc7;c7 of title #df1 ,united ,states ,code1 may be considered by the owner or operator to have satisfied the requirement for passing a security background check required under section #baae 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 operator4 7,d7 ,information ,sharing and ,protection ,notwithstanding section #gjajc7;d7 of title #df1 ,united ,states ,code1 the ,commandant of the ,coast ,guard1 after consultation with the ,secretary1 shall apply the information sharing and protection requirements in section #baaj of this title to a facility described in subparagraph 7,b74 7,e7 ,enforcement ,the ,secretary shall establish1 by rule1 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 7,b7 is in compliance with this title4 7,f7 ,formal agreement ,the ,secretary shall-- 7i7 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 title1 which shall ensure that the enforcement and compliance requirements under this title and section #gjajc of title #df1 ,united ,states ,code1 are not conflicting or duplicative2 and 7ii7 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 #gjajc7;c7 of title #df1 ,united ,states ,code1 consistent with the requirements of subparagraphs 7,b7 and 7,d74 7#b7 ,coordination of storage licensing or permitting requirement ,in the case of any storage required to be licensed or permitted under chapter #dj of title #ah1 ,united ,states ,code1 the ,secretary shall prescribe the rules and regulations for the implementation of this section1 with the concurrence of the ,attorney ,general1 and avoid unnecessary duplication of regulatory requirements4 7h7 ,role of employees 7#a7 ,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 incident4 7#b7 ,annual training for employees 7,a7 ,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 7#a7 at the covered chemical facility with not less than #h hours of training4 7,b7 ,requirements ,the training required under subparagraph 7,a7 shall1 as relevant to the role or responsibility of the covered individual-- 7i7 include an identification and discussion of substances of concern2 7ii7 include a discussion of possible consequences of a chemical facility terrorist incident2 7iii7 review and include exercises of the site security plan of the covered chemical facility1 including any requirements for differing threat levels2 7iv7 include a review of information protection requirements2 7v7 include a discussion of physical and cyber security equipment1 systems1 and methods used to achieve chemical security performance standards2 7vi7 allow training with other relevant participants1 including ,federal employees1 employees of a ,state or local government1 and emergency response providers1 where appropriate2 7vii7 use national voluntary consensus standards1 chosen jointly with employee representatives1 if any2 7viii7 allow instruction through government training programs1 chemical facilities1 academic institutions1 nonprofit organizations1 industry and private organizations1 employee organizations1 and other relevant entities that provide such training2 7ix7 use multiple training media and methods2 7x7 include a discussion of appropriate emergency response procedures1 including procedures to mitigate the effects of a chemical facility terrorist incident2 and 7xi7 include review and discussion of methods to reduce the consequences of a terrorist attack that are applicable to the covered chemical facility4 7#c7 ,equivalent training ,an owner or operator of a covered chemical facility may satisfy the training requirement described in clause 7i71 7ii71 7iii71 7iv71 7v71 or 7x7 of subparagraph 7#b77;,b7 for a covered individual with roles or responsibilities under paragraph 7#a7 through training that the owner or operator certifies is equivalent1 in a manner prescribed by the ,secretary4 7#d7 ,worker training grant program 7,a7 ,authority ,the ,secretary may make grants to1 and enter into cooperative agreements with1 eligible entities to provide for the training and education of-- 7i7 covered individuals with roles or responsibilities described in paragraph 7#a72 and 7ii7 emergency response providers who would respond to a chemical facility terrorist incident4 7,b7 ,administration ,the ,secretary shall seek to enter into an agreement with the ,director of the ,national ,institute for ,environmental ,health ,sciences1 or with the head of another ,federal or ,state agency1 to make and administer grants or cooperative agreements under this paragraph4 7,c7 ,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 7#a7 and emergency response providers1 including-- 7i7 the annual mandatory training specified in paragraph 7#b72 and 7ii7 other appropriate training to protect nearby persons1 property1 critical infrastructure1 or the environment from the effects of a chemical facility terrorist incident4 7,d7 ,eligible entities ,in this paragraph1 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 providers4 7,e7 ,presumption of ,congress relating to competitive procedures 7i7 ,presumption ,it is the presumption of ,congress that grants awarded under this paragraph will be awarded using competitive procedures based on merit4 7ii7 ,report to ,congress ,if the ,secretary awards grants under this paragraph without using competitive procedures1 the ,secretary shall submit to ,congress a report explaining why competitive procedures were not used4 7i7 ,state1 ,regional1 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 ,state1 regional government1 or local government entity solely based on the requirement under subsection 7a7 that the covered chemical facility submit a security vulnerability assessment or site security plan to the ,secretary4 #bajd4 ,site inspections 7a7 ,right of ,entry ,for purposes of carrying out this title1 the ,secretary shall have1 at a reasonable time and on presentation of credentials1 a right of entry to1 on1 or through any property of a covered chemical facility or any property on which any record required to be maintained under this section is located4 7b7 ,inspections and verifications 7#a7 ,in general ,the ,secretary shall1 at such time and place as the ,secretary determines to be reasonable and appropriate1 conduct security inspections and verifications of a covered chemical facility4 7#b7 ,requirements ,to ensure and evaluate compliance with this title1 including any regulations or requirements adopted by the ,secretary in furtherance of the purposes of this title1 in conducting an inspection or verification under paragraph 7#a71 the ,secretary shall have access to the owners1 operators1 employees1 and employee representatives1 if any1 of a covered chemical facility4 7c7 ,unannounced inspections 7#a7 ,in general ,in addition to any inspection conducted under subsection 7b71 the ,secretary shall conduct unannounced facility inspections of covered chemical facilities assigned to tier #a or tier #b under section #bajb7;c77#a74 7#b7 ,requirements ,the inspections required under this subsection shall be-- 7,a7 conducted without prior notice to the owner1 operator1 or any employee of the covered chemical facility2 7,b7 designed to evaluate at the covered chemical facility undergoing inspection-- 7i7 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 prevent2 7ii7 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 facility2 and 7iii7 any weaknesses in the site security plan of the covered chemical facility2 7,c7 conducted so as not to affect the actual security1 physical integrity1 safety1 or regular operations of the covered chemical facility or the employees of the covered chemical facility while the inspection is conducted2 and 7,d7 conducted-- 7i7 every #b years in the case of a covered chemical facility assigned to tier #a2 and 7ii7 every #d years in the case of a covered chemical facility assigned to tier #b4 7d7 ,chemical facility inspectors authorized ,during fiscal years #bjad and #bjae1 and subject to the availability of appropriations1 the ,secretary shall increase by not less than #ajj the total number of chemical facility inspectors within the ,department to ensure compliance with this title4 7e7 ,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 title1 including compliance or noncompliance with any regulation or requirement adopted by the ,secretary under this title4 7f7 ,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 facility1 an employee representative of each certified or recognized bargaining agent at the covered chemical facility1 if any1 or1 if none1 a nonsupervisory employee1 shall be offered the opportunity to accompany the ,secretary during the physical inspection to aid in the inspection4 #baje4 ,records 7a7 ,request for records ,for purposes of carrying out this title1 the ,secretary may require submission of1 or upon presentation of credentials and at reasonable times may obtain access to and copy1 any records1 including any records maintained in electronic format1 necessary for reviewing or analyzing a security vulnerability assessment1 or site security plan submitted under section #bajc1 or for assessing the implementation of a site security plan4 7b7 ,proper handling of records ,the ,secretary shall ensure that any records accessed under subsection 7a7 are handled and secured appropriately in accordance with section #baaj4 #bajf4 ,timely sharing of threat information 7a7 ,responsibilities of ,secretary ,upon the receipt of information concerning a threat that is relevant to a certain covered chemical facility1 the ,secretary shall provide the information in a timely manner1 to the maximum extent practicable under applicable authority and in the interests of national security1 to-- 7#a7 the owner1 operator1 or security officer of the covered chemical facility2 7#b7 a representative of each recognized or certified bargaining agent at the covered chemical facility1 if any2 and 7#c7 relevant authorities of ,state or local government1 including the ,state ,homeland ,security ,advisor1 if any4 7b7 ,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 manner1 information concerning-- 7#a7 a threat about any significant security incident or threat to the covered chemical facility2 or 7#b7 any intentional or unauthorized penetration of the physical security or cyber security of the covered chemical facility1 whether successful or unsuccessful4 #bajg4 ,enforcement 7a7 ,review of security vulnerability assessment and site security plan 7#a7 ,disapproval ,the ,secretary shall disapprove a security vulnerability assessment or site security plan submitted under this title if the ,secretary determines that-- 7,a7 the security vulnerability assessment or site security plan does not comply with the standards1 protocols1 or procedures under section #bajc7;a77#a77;,a72 or 7,b7 in the case of a site security plan-- 7i7 the site security plan or the implementation of the site security plan is insufficient to address vulnerabilities identified in a security vulnerability assessment1 site inspection1 or unannounced inspection of the covered chemical facility2 or 7ii7 the site security plan fails to meet all applicable chemical facility security performance standards4 7#b7 ,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 facility1 the ,secretary shall provide the owner or operator of the covered chemical facility a written notification of the disapproval not later than #ad days after the date on which the ,secretary disapproves the security vulnerability assessment or site security plan1 which shall-- 7,a7 include a clear explanation of deficiencies in the security vulnerability assessment1 site security plan1 or implementation of the site security plan2 and 7,b7 require the owner or operator of the covered chemical facility to-- 7i7 revise the security vulnerability assessment or site security plan to address any deficiencies2 and 7ii7 by such date as the ,secretary determines is appropriate1 submit the revised security vulnerability assessment or site security plan to the ,secretary4 7b7 ,remedies 7#a7 ,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 assessment1 site security plan1 or implementation of the site security plan for the covered chemical facility by such date as designated by the ,secretary1 the ,secretary may-- 7,a7 after providing notice to the owner or operator and an opportunity1 in accordance with the regulations issued under this title1 for the owner or operator to seek review by the ,department of the determination of the ,secretary1 issue an order assessing an administrative penalty of not more than #be1jjj for each day before1 on1 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 continues1 requiring compliance immediately or within a specified time period1 or both2 or 7,b7 in a civil action1 obtain appropriate equitable relief1 a civil penalty of not more than #be1jjj for each day before1 on1 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 continues1 or both4 7#b7 ,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 7#a71 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 compliance4 7c7 ,applicability of penalties ,a penalty under subsection 7b77#a7 may be imposed for any violation of this title1 including a violation of the whistleblower protections under section #bajh4 #bajh4 ,whistleblower protections 7a7 ,establishment 7#a7 ,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 problems1 deficiencies1 or vulnerabilities at a covered chemical facility associated with the risk of a chemical facility terrorist incident4 7#b7 ,confidentiality 7,a7 ,in general ,the ,secretary shall keep confidential the identity of any individual who submits a report under this subsection4 7,b7 ,compliance with section #baaj ,a report submitted under this subsection shall be treated as protected information under section #baaj to the extent that the report does not consist of publicly available information4 7#c7 ,acknowledgment of receipt ,if a report submitted under this subsection identifies the individual submitting the report1 the ,secretary shall respond promptly to the individual to acknowledge receipt of the report4 7#d7 ,steps to address problems ,the ,secretary shall-- 7,a7 review and consider the information provided in a report submitted under this subsection2 and 7,b7 as necessary1 take appropriate steps under this title to address any problem1 deficiency1 or vulnerability identified in the report4 7b7 ,retaliation prohibited 7#a7 ,prohibition ,an owner or operator of a covered chemical facility1 for-profit or nonprofit corporation1 association1 or any contractor1 subcontractor or agent thereof1 may not discharge an employee or otherwise discriminate against an employee with respect to compensation of the employee1 terms1 conditions1 or other privileges of employment because the employee 7or any individual acting on behalf of the employee7-- 7,a7 notified the ,secretary1 the owner or operator of a covered chemical facility1 or the employer of the employee of an alleged violation of this title1 including notification of such an alleged violation through communications related to carrying out the job duties of the employee2 7,b7 refused to participate in any conduct that the employee reasonably believes is in noncompliance with a requirement under this title1 if the employee has identified the alleged noncompliance to the employer2 7,c7 testified before or otherwise provided information relevant for ,congress or for any ,federal or ,state proceeding regarding any provision 7or proposed provision7 of this title2 7,d7 commenced1 caused to be commenced1 or is about to commence or cause to be commenced a proceeding under this title2 7,e7 testified1 or is about to testify1 in a proceeding under this title2 or 7,f7 assisted or participated1 or is about to assist or participate1 in any manner in a proceeding under this title or in any other action to carry out the purposes of this title4 7#b7 ,enforcement action 7,a7 ,in general ,an employee covered by this section who alleges discrimination by an employer in violation of paragraph 7#a7 may bring an action governed by the rules and procedures1 legal burdens of proof1 and remedies applicable under subsections 7d7 through 7h7 of section #bjaji of title #di1 ,united ,states ,code4 7,b7 ,district court review ,an employee who brings an action under subparagraph 7,a7 may seek review by a district court of the ,united ,states as set forth in subsection 7d77#c7 of section #bjaji of title #di1 ,united ,states ,code not later than #ij days after receiving a written final determination by the ,secretary of ,labor4 7#c7 ,prohibited personnel practices affecting the ,department 7,a7 ,in general ,notwithstanding any other provision of law1 an individual holding or applying for a position within the ,department shall be covered by-- 7i7 paragraphs 7#a71 7#h71 and 7#i7 of section #bcjb7;b7 of title #e1 ,united ,states ,code2 7ii7 any provision of law implementing paragraph 7#a71 7#h71 or 7#i7 of section #bcjb7;b7 of title #e1 ,united ,states ,code1 by providing any right or remedy available to an employee or applicant for employment in the civil service2 and 7iii7 any rule or regulation prescribed under paragraph 7#a71 7#h71 or 7#i7 of section #bcjb7;b7 of title #e1 ,united ,states ,code4 7,b7 ,rule of construction ,nothing in this paragraph shall be construed to affect any rights1 apart from those referred to in subparagraph 7,a71 to which an individual described in subparagraph 7,a7 might otherwise be entitled to under law4 #baji4 ,federal preemption ,this title does not preclude or deny any right of any ,state or unit of local government to adopt or enforce any regulation1 requirement1 or standard of performance with respect to a covered chemical facility that is more stringent than a regulation1 requirement1 or standard of performance issued under this title1 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 government4 #baaj4 ,protection of information 7a7 ,prohibition of public disclosure of protected information ,protected information-- 7#a7 shall be exempt from disclosure under section #eeb of title #e1 ,united ,states ,code2 and 7#b7 shall not be made available under the law of any ,state or local government requiring disclosure of information or records4 7b7 ,information sharing 7#a7 ,in general ,the ,secretary shall prescribe such regulations1 and may issue such orders1 as necessary to prohibit the unauthorized disclosure of protected information4 7#b7 ,sharing of protected information 7,a7 ,in general ,the regulations prescribed under paragraph 7#a7 shall provide standards for and facilitate the appropriate sharing of protected information with and between-- 7i7 ,federal agencies and agencies of ,state and local governments2 7ii7 emergency response providers2 7iii7 law enforcement officials2 7iv7 designated supervisory and nonsupervisory covered chemical facility personnel with security1 operational1 or fiduciary responsibility for the covered chemical facility2 and 7v7 designated employee representatives for a covered chemical facility1 if any4 7,b7 ,requirements ,the standards required to be established under subparagraph 7,a7 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 #bajc7;h77#a7 with a representative of each certified or recognized bargaining agent representing the covered individuals1 if any1 or1 if none1 with not less than #a supervisory and not less than #a non-supervisory employee with roles or responsibilities under section #bajc7;h77#a74 7,c7 ,penalties 7i7 ,in general ,protected information shall not be shared except in accordance with the standards provided by the regulations prescribed under paragraph 7#a74 7ii7 ,knowing violation ,any person that discloses protected information in knowing violation of the regulations issued under paragraph 7#a7 shall-- 7,i7 be fined under title #ah1 ,united ,states ,code1 imprisoned for not more than #a year1 or both2 and 7,,ii7 in the case of a ,federal officeholder or employee1 removed from ,federal office or employment4 7c7 ,treatment of information in adjudicative proceedings ,in any judicial or administrative proceeding1 protected information shall be treated in a manner consistent with the treatment of sensitive security information under section #ebe of the ,department of ,homeland ,security ,appropriations ,act1 #bjjg 7,public ,law #aji-bie2 #abj ,stat4 #acha74 7d7 ,other obligations unaffected ,except as provided in section #bajc7;i71 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-- 7#a7 employees of the chemical facility2 7#b7 employee organizations2 7#c7 health professionals2 7#d7 emergency response organizations2 or 7#e7 the ,federal ,government or a ,state or local government4 7e7 ,submission of information to ,congress ,nothing in this title shall permit or authorize the withholding of information from ,congress or any committee or subcommittee thereof4 7f7 ,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 law4 #baaa4 ,methods to reduce the consequences of a terrorist attack 7a7 ,definition ,in this section1 the term feasible means feasible with the use of best technology1 techniques1 and other means that the ,secretary finds1 after examination for efficacy under operational conditions and not solely under laboratory conditions1 are available for use at a covered chemical facility4 7b7 ,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 facility1 including-- 7#a7 a description of the methods to reduce the consequences of a terrorist attack implemented and considered for implementation by the covered chemical facility2 7#b7 the degree to which each method to reduce the consequences of a terrorist attack1 if already implemented1 has reduced1 or1 if implemented1 could reduce1 the potential extent of death1 injury1 or serious adverse effects to human health resulting from a release of a substance of concern2 7#c7 the technical feasibility1 costs1 avoided costs 7including liabilities71 personnel implications1 savings1 and applicability of implementing each method to reduce the consequences of a terrorist attack2 and 7#d7 any other information that the owner or operator of the covered chemical facility considered in conducting the assessment4 7c7 ,implementation 7#a7 ,implementation 7,a7 ,in general ,the owner or operator of a covered chemical facility that is assigned to tier #a or tier #b because of the potential extent and likelihood of death1 injury1 or serious adverse effects to human health1 the environment1 critical infrastructure1 public health1 homeland security1 national security1 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 determines1 using the assessment conducted under subsection 7b71 that the implementation of the methods at the covered chemical facility-- 7i7 7,i7 would significantly reduce the risk of death1 injury1 or serious adverse effects to human health resulting from a chemical facility terrorist incident2 and 7,,ii7 would not-- 7aa7 increase the interim storage of a substance of concern outside the covered chemical facility2 7bb7 directly result in the creation of a covered chemical facility assigned to tier #a or tier #b because of the potential extent and likelihood of death1 injury1 or serious adverse effects to human health1 the environment1 critical infrastructure1 public health1 homeland security1 national security1 or the national economy from a release of a substance of concern at the covered chemical facility2 7cc7 result in the reassignment of a covered chemical facility from tier #c or tier #d to tier #a or tier #b because of the potential extent and likelihood of death1 injury1 or serious adverse effects to human health1 the environment1 critical infrastructure1 public health1 homeland security1 national security1 or the national economy from a release of a substance of concern at the covered chemical facility2 and 7dd7 significantly increase the potential extent and likelihood of death1 injury1 or serious adverse effects to human health1 the environment1 critical infrastructure1 public health1 homeland security1 national security1 or the national economy from a release of a substance of concern due to a terrorist attack on the transportation infrastructure of the ,united ,states2 7ii7 can feasibly be incorporated into the operation of the covered chemical facility2 and 7iii7 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 location4 7,b7 ,written determination ,a determination made by the ,director of the ,office of ,chemical ,facility ,security under subparagraph 7,a7 shall be made in writing and include the basis and reasons for the determination1 including the analysis of the ,director of the assessment by the covered chemical facility of the technical feasibility1 costs1 avoided costs 7including liabilities71 personnel implications1 savings1 and applicability of implementing each method to reduce the consequences of a terrorist attack4 7,c7 ,maritime facilities ,with respect to a covered chemical facility for which a facility security plan is required under section #gjajc7;c7 of title #df1 ,united ,states ,code1 a written determination under subparagraph 7,a7 shall be made only after consultation with the ,captain of the ,port for the area in which the covered chemical facility is located4 7#b7 ,review of inability to comply 7,a7 ,in general ,not later than #abj days after receipt of a determination made by the ,director under paragraph 7#a71 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-- 7i7 includes the reasons for noncompliance2 and 7ii7 specifies whether the inability of owner or operator to comply arises under clause 7ii7 or 7iii7 of paragraph 7#a77;,a71 or both4 7,b7 ,review 7i7 ,in general ,not later than #abj days after receipt of an explanation submitted by an owner or operator of a covered chemical facility under subparagraph 7,a71 the ,secretary1 after consulting with the owner or operator1 as well as experts in the subjects of environmental health and safety1 security1 chemistry1 design and engineering1 process controls and implementation1 maintenance1 production and operations1 chemical process safety1 and occupational health1 as appropriate1 shall provide to the owner or operator a written determination of whether1 in the discretion of the ,secretary1 implementation shall be required under paragraph 7#a74 7ii7 ,determination that implementation is required ,if the ,secretary determines that implementation is required under clause 7i71 the ,secretary shall issue an order that establishes the basis for the determination1 including-- 7,i7 the findings of the relevant experts2 7,,ii7 the specific methods selected for implementation2 and 7,,iii7 a schedule for implementation of the methods at the covered chemical facility4 7d7 ,agricultural ,sector 7#a7 ,definitions ,in this subsection3 7,a7 ,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 supplies1 including animal feeds1 fertilizers1 agricultural chemicals1 pesticides1 plant seeds1 and plant bulbs4 7,b7 ,agricultural end-users ,the term agricultural end-users means facilities such as-- 7i7 farms1 including crop1 fruit1 nut1 and vegetable farms2 7ii7 ranches and rangeland2 7iii7 poultry1 dairy1 and equine facilities2 7iv7 turfgrass growers2 7v7 golf courses2 7vi7 nurseries2 7vii7 floricultural operations2 and 7viii7 public and private parks4 7#b7 ,guidance for farm supplies merchant wholesalers 7,a7 ,in general ,the ,secretary shall provide guidance and1 as appropriate1 tools1 methodologies1 or computer software1 to assist farm supplies merchant wholesalers in complying with this section4 7,b7 ,grants authorized ,the ,secretary may award grants to farm supplies merchant wholesalers to assist compliance with subsection 7b71 and in awarding grants1 shall give priority to farm supplies merchant wholesalers that1 in the discretion of the ,secretary1 have the greatest need for the grants4 7#c7 ,assessment of agricultural impacts ,not later than #f months after the date of the enactment of this title1 the ,secretary shall submit an assessment of the potential impacts of compliance with this section regarding the assessment and1 as appropriate1 implementation of methods to reduce the consequences of a terrorist attack on the agricultural sector to-- 7,a7 the ,committee on ,homeland ,security and ,governmental ,affairs1 the ,committee on ,environment and ,public ,works1 and the ,committee on ,agriculture1 ,nutrition and ,forestry of the ,senate2 and 7,b7 the ,committee on ,homeland ,security1 the ,committee on ,energy and ,commerce1 and the ,committee on ,agriculture of the ,house of ,representatives4 7#d7 ,consultation ,the assessment required under paragraph 7#c7 shall be conducted by the ,secretary in consultation with other appropriate ,federal agencies4 7#e7 ,requirements ,the assessment required under paragraph 7#c7 shall include-- 7,a7 data on the scope of agricultural facilities to which this title applies1 including-- 7i7 the number and type of manufacturers1 retailers1 aerial commercial applicators1 and distributors of pesticide and fertilizer required to assess methods to reduce the consequences of a terrorist attack under subsection 7b72 and 7ii7 the number and type of manufacturers1 retailers1 aerial commercial applicators1 and distributors of pesticide and fertilizer assigned to tier #a or tier #b by the ,secretary because of the potential extent and likelihood of death1 injury1 or serious adverse effects to human health1 the environment1 critical infrastructure1 public health1 homeland security1 national security1 or the national economy from the release of a substance of concern at the covered chemical facility2 7,b7 a survey of known methods1 processes or practices1 other than elimination of or cessation of manufacturing of the pesticide or fertilizer1 that manufacturers1 retailers1 aerial commercial applicators1 and distributors of pesticide and fertilizer could use to reduce the consequences of a terrorist attack1 including an assessment of the costs and technical feasibility of each such method1 process1 or practice2 7,c7 an analysis of how the assessment of methods to reduce the consequences of a terrorist attack under subsection 7b7 by manufacturers1 retailers1 aerial commercial applicators1 and distributors of pesticide and fertilizer1 and1 as appropriate1 the implementation of methods to reduce the consequences of a terrorist attack by such manufacturers1 retailers1 aerial commercial applicators1 and distributors of pesticide and fertilizer subject to subsection 7c71 are likely to impact agricultural end-users2 and 7,d7 recommendations for how to mitigate any adverse impacts identified under subparagraph 7,c74 7e7 ,small covered chemical facilities 7#a7 ,definition ,for purposes of this subsection1 the term small covered chemical facility means a covered chemical facility that-- 7,a7 has fewer than #cej employees employed at the covered chemical facility2 and 7,b7 is not a branch or subsidiary of another entity4 7#b7 ,guidance for small covered chemical facilities ,the ,secretary may provide guidance and1 as appropriate1 tools1 methodologies1 or computer software1 to assist small covered chemical facilities in complying with this section4 7#c7 ,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 7c7 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 facility4 7#d7 ,assessment of impacts on small covered chemical facilities 7,a7 ,in general ,not later than #f months after the date of the enactment of this title1 the ,secretary shall submit an assessment of the potential effects on small covered chemical facilities of compliance with this section regarding the assessment and1 as appropriate1 implementation of methods to reduce the consequences of a terrorist attack to-- 7i7 the ,committee on ,environment and ,public ,works and the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate2 and 7ii7 the ,committee on ,energy and ,commerce and the ,committee on ,homeland ,security of the ,house of ,representatives4 7,b7 ,requirements ,the assessment required under subparagraph 7,a7 shall include-- 7i7 data on the scope of small covered chemical facilities to which this title applies1 including-- 7,i7 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 7b72 and 7,,ii7 the number and type of small covered chemical facilities assigned to tier #a or tier #b under section #bajb7;c77#a7 by the ,secretary because of the potential extent and likelihood of death1 injury1 or serious adverse effects to human health1 the environment1 critical infrastructure1 public health1 homeland security1 national security1 or the national economy from the release of a substance of concern at the covered chemical facility2 and 7ii7 a discussion of how the ,secretary plans to implement paragraph 7#c74 7f7 ,provision of ,information on ,alternative ,approaches 7#a7 ,information on methods to reduce consequences of a terrorist ,act 7,a7 ,in general ,not later than #a year after the date of enactment of the ,secure ,chemical ,facilities ,act1 the ,secretary shall-- 7i7 make available information on the use and availability of methods to reduce the consequences of a chemical facility terrorist attack2 and 7ii7 periodically update the information described in clause 7i74 7,b7 ,information to be included ,the information made available under subparagraph 7,a7 may include information relating to-- 7i7 general and specific types of the methods to reduce the consequences of a chemical facility terrorist attack2 7ii7 combinations of chemical sources1 substances of concern1 and hazardous processes or conditions for which the methods described in clause 7i7 could be appropriate2 7iii7 the availability of specific methods to reduce the consequences of a terrorist attack2 7iv7 the costs and cost savings resulting from the use of such methods2 7v7 emerging technologies that could be transferred from research models or prototypes to practical applications2 7vi7 the availability of technical assistance and best practices2 and 7vii7 such other matters that the ,secretary determines are appropriate4 7#b7 ,sector reports on methods to reduce consequences of a terrorist ,act 7,a7 ,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 facilities4 7,b7 ,contents of report ,the reports described in subparagraph 7,a7 shall include1 by industry sector or appropriate groupings of industry sectors1 elements of feasible technologies1 techniques1 or other means described in subsection 7b7 that are-- 7i7 identified by covered chemical facilities under subsection 7b7 and submitted to the ,secretary under section #bajc2 or 7ii7 identified by the ,secretary from relevant information sources4 7,c7 ,public availability ,information made available under this paragraph-- 7i7 shall not identify any specific chemical facility2 7ii7 shall be made available in accordance with section #baaj2 and 7iii7 shall not disclose any proprietary information4 7g7 ,funding for methods ,to reduce the consequences of a terrorist attack ,the ,secretary shall make grants to covered chemical facilities1 with priority given to the highest risk covered chemical facilities1 as determined by the ,secretary1 to supplement a portion of the costs of implementing methods to reduce the consequences of a terrorist attack4 #baab4 ,applicability ,this title shall not apply to-- 7#a7 any chemical facility that is owned and operated by the ,secretary of ,defense2 7#b7 the transportation in commerce1 including incidental storage1 of any substance of concern regulated as a hazardous material under chapter #ea of title #di1 ,united ,states ,code2 7#c7 all or a specified portion of any chemical facility that-- 7,a7 is subject to regulation by the ,nuclear ,regulatory ,commission 7referred to in this paragraph as the ,commission7 or a ,state that has entered into an agreement with the ,commission under section #bgd b4 of the ,atomic ,energy ,act of #aied 7#db ,u4,s4,c4 #bjba b472 7,b7 has had security controls imposed by the ,commission or ,state1 whichever has the regulatory authority1 on the entire facility or the specified portion of the chemical facility2 and 7,c7 has been designated by the ,commission1 after consultation with the ,state1 if any1 that regulates the facility1 and the ,secretary1 as excluded from the application of this title2 7#d7 any public water system subject to the ,safe ,drinking ,water ,act 7#db ,u4,s4,c4 #cjj;f et seq472 or 7#e7 any treatment works1 as defined in section #bab of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #abib74 #baac4 ,savings clause 7a7 ,in general ,nothing in this title shall affect or modify in any way any obligation or liability of any person under any other ,federal law1 including-- 7#a7 section #aab of the ,clean ,air ,act 7#db ,u4,s4,c4 #gdab72 7#b7 the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #abea et seq472 7#c7 the ,resource ,conservation and ,recovery ,act of #aigf 7#db ,u4,s4,c4 #fija et seq472 7#d7 the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq472 7#e7 the ,occupational ,safety and ,health ,act 7#bi ,u4,s4,c4 #fea et seq472 7#f7 the ,national ,labor ,relations ,act 7#bi ,u4,s4,c4 #aea et seq472 7#g7 the ,emergency ,planning and ,community ,right to ,know ,act of #aihf 7#db ,u4,s4,c4 #aajja et seq472 7#h7 the ,safe ,drinking ,water ,act 7#db ,u4,s4,c4 #cjj;f et seq472 7#i7 the ,maritime ,transportation ,security ,act of #bjjb 7,public ,law #ajg-bie72 7#aj7 the ,comprehensive ,environmental ,response1 ,compensation1 and ,liability ,act of #aihj 7#db ,u4,s4,c4 #ifja et seq472 7#aa7 the ,toxic ,substances ,control ,act 7#ae ,u4,s4,c4 #bfja et seq472 7#ab7 the ,pollution ,prevention ,act of #aiij 7#db ,u4,s4,c4 #acaja et seq472 and 7#ac7 the ,fair ,credit ,reporting ,act 7#ae ,u4,s4,c4 #afha et seq474 7b7 ,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 regulation1 requirement1 or standard of performance relating to environmental protection1 health1 or safety4 7c7 ,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 regulation4 #baad4 ,office of ,chemical ,facility ,security 7a7 ,in general ,there is established in the ,department an ,office of ,chemical ,facility ,security1 headed by a ,director1 who shall-- 7#a7 be a member of the ,senior ,executive ,service under section #echb of title #e1 ,united ,states ,code2 and 7#b7 be responsible for carrying out the responsibilities of the ,secretary under this title4 7b7 ,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 title1 including-- 7#a7 a demonstrated knowledge of-- 7,a7 physical infrastructure protection2 7,b7 cybersecurity2 7,c7 chemical facility security2 7,d7 hazard analysis2 7,e7 chemical process engineering2 7,f7 chemical process safety reviews2 or 7#b7 other such qualifications that the ,secretary determines to be necessary4 7c7 ,selection process ,the ,secretary shall-- 7#a7 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 race1 ethnicity1 age1 gender1 and disability characteristics2 and 7#b7 submit information on the selection process1 including details on efforts to assure diversity among the candidates1 to-- 7,a7 the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate2 and 7,b7 the ,committee on ,homeland ,security and the ,committee on ,energy and ,commerce of the ,house of ,representatives4 7d7 ,outreach support 7#a7 ,point of contact ,the ,secretary shall designate a point of contact for the ,administrator of the ,environmental ,protection ,agency1 and the head of any other agency designated by the ,secretary1 with respect to the requirements under this title4 7#b7 ,outreach ,the ,secretary shall1 as appropriate1 and in accordance with this title1 inform ,state emergency response commissions appointed under section #cja7;a7 of the ,emergency ,planning and ,community ,right-,to-,know ,act of #aihf 7#db ,u4,s4,c4 #aajja71 local emergency planning committees appointed under section #cja7;c7 of that ,act1 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 procedures4 #baae4 ,security background checks of covered individuals at certain chemical facilities 7a7 ,definition of security background check ,in this section1 the term security background check means a review1 at no cost to an individual subject to the review1 under subsection 7b77#a7 to identify individuals who may pose a threat to chemical facility security1 to national security1 or of terrorism of-- 7#a7 relevant databases to verify and validate identity2 7#b7 relevant criminal history databases2 7#c7 in the case of an alien 7as defined in section #aja7;a77#c7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a77#c7771 the relevant databases to determine the status of the alien under the immigration laws of the ,united ,states2 7#d7 the consolidated terrorist watchlist2 and 7#e7 any other relevant information or databases1 as determined by the ,secretary4 7b7 ,regulations issued by the ,secretary 7#a7 ,in general 7,a7 ,requirement ,the ,secretary shall issue regulations to require covered chemical facilities to establish personnel surety for individuals described in subparagraph 7,b7 by conducting appropriate security background checks and ensuring appropriate credentials for unescorted visitors and personnel of the covered chemical facility1 including permanent and part-time personnel1 temporary personnel1 and contract personnel1 including-- 7i7 measures designed to verify and validate identity2 7ii7 measures designed to check criminal history2 7iii7 measures designed to verify and validate legal authorization to work2 and 7iv7 measures designed to identify individuals with terrorist ties4 7,b7 ,individuals described ,for purposes of subparagraph 7,a71 an individual described in this subparagraph is-- 7i7 a covered individual who-- 7,i7 has unescorted access to restricted areas or critical assets2 or 7,,ii7 is provided with a copy of a security vulnerability assessment or site security plan2 7ii7 an individual associated with a covered chemical facility1 including any designated employee representative1 who is provided with a copy of a security vulnerability assessment or site security plan2 or 7iii7 an individual who is determined by the ,secretary to require a security background check based on chemical facility security performance standards4 7#b7 ,regulations ,the regulations required under paragraph 7#a7 shall set forth-- 7,a7 the scope of the security background checks1 including-- 7i7 a list of offenses that are reasonably related to terrorism at a chemical facility and therefore disqualify1 on an interim or permanent basis1 the individual from working at the covered chemical facility2 7ii7 the time period after which an interim disqualifying offense is no longer a disqualification1 including applying the time periods described in part #aegb of title #di1 ,code of ,federal ,regulations1 or any successor thereto1 where applicable to the offenses identified in clause 7i72 and 7iii7 the time period covered for each person subject to a security background check under paragraph 7#a72 7,b7 the processes to conduct the security background checks2 7,c7 the necessary biographical information and other data required in order to conduct the security background checks2 7,d7 a redress process for an adversely affected individual consistent with subsections 7c7 and 7d72 7,e7 a prohibition on an owner or operator of a covered chemical facility misrepresenting to an employee or other relevant individual1 including an arbiter involved in a labor arbitration1 the scope1 application1 or meaning of any rules1 regulations1 directives1 or guidance issued by the ,secretary related to security background check requirements for covered individuals when conducting a security background check2 and 7,f7 a requirement that any adverse employment decision based on a finding in subparagraph 7,c71 of a person subject to a security background check under subsection 7a77#a71 shall be based on accurate and up-to-date information4 7c7 ,misrepresentation of adverse employment decisions ,the regulations required under subsection 7b77#a7 shall provide that it shall be a misrepresentation under subsection 7b77#b77;,e7 to attribute an adverse employment decision1 including removal or suspension of an employee1 to the regulations unless the owner or operator of a covered chemical facility determines1 after opportunity for appropriate redress under the processes provided under subsection 7d77#a71 that the individual subject to the adverse employment decision-- 7#a7 7,a7 meets the requirements for interim or permanent disqualifying offenses reasonably related to terrorism at a covered chemical facility promulgated under subsection 7b77#a72 7,b7 is on the consolidated terrorist watchlist2 or 7,c7 is determined1 as a result of the security background check1 not to be legally authorized to work in the ,united ,states2 and 7#b7 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 7d7 before an adverse employment action is taken4 7d7 ,redress ,processes ,the regulations issued by the ,secretary under subsection 7b7 shall-- 7#a7 provide an adequate and prompt redress process for an individual subject to a security background check under subsection 7b77#a7 who is subjected to an adverse employment decision1 including removal or suspension of the individual1 due to a determination by the employer under subsection 7c71 that is consistent with the appeals process established under section #gjaje7;c7 of title #df1 ,united ,states ,code1 including all rights to-- 7,a7 hearings before an administrative law judge2 7,b7 scope of review2 and 7,c7 a review of an unclassified summary of classified evidence equivalent to the summary provided in part #aeae of title #di1 ,code of ,federal ,regulations2 7#b7 provide an adequate and prompt redress process for an individual subject to a security background check under subsection 7b77#a7 who is subjected to an adverse employment decision1 including removal or suspension of the individual1 due to a violation of subsection 7b77#b77;,e71 which shall not preclude the exercise of any other rights available under collective bargaining agreements or applicable laws2 7#c7 establish a reconsideration process described in subsection 7e7 for an individual subject to an adverse employment decision that was attributed by an owner or operator to the regulations required under subsection 7b77#a72 7#d7 include the authority to order an appropriate remedy1 including reinstatement of the individual subject to a security background check under subsection 7b77#a71 if the ,secretary determines that the adverse employment decision was made-- 7,a7 in violation of the regulations required under subsection 7b77#a72 7,b7 as a result of an erroneous determination by the ,secretary to place the individual on the consolidated terrorist watchlist2 or 7,c7 as a result of an erroneous determination by the owner or operator of a covered chemical facility under subsection 7c72 7#e7 ensure that the redress processes required under paragraphs 7#a7 and 7#b7 afford to the individual a full disclosure of any public-record event covered under subsection 7c7 that provides the basis for an adverse employment decision2 and 7#f7 ensure that the individual subject to a security background check under subsection 7b77#a7 receives the full wages and benefits due to the individual until all redress processes under this subsection are exhausted4 7e7 ,reconsideration process 7#a7 ,in general ,the reconsideration process required under subsection 7d77#c7 shall-- 7,a7 require the ,secretary to determine1 within #cj 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 7b77#a71 whether the individual poses a security risk to the covered chemical facility2 and 7,b7 include procedures consistent with section #gjaje7;c7 of title #df1 ,united ,states ,code1 including all rights to-- 7i7 hearings before an administrative law judge2 7ii7 scope of review2 and 7iii7 a review of an unclassified summary of classified evidence equivalent to the summary provided in part #aeae of title #di1 ,code of ,federal ,regulations4 7#b7 ,determination by the ,secretary ,in making a determination described under paragraph 7#a77;,a71 the ,secretary shall-- 7,a7 give consideration to the circumstance of any disqualifying act or offense1 restitution made by the individual1 ,federal and ,state mitigation remedies1 and other factors from which it may be concluded that the individual does not pose a security risk to the covered chemical facility2 and 7,b7 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 facility4 7#c7 ,owner or operator reconsideration ,if the ,secretary determines under paragraph 7#a77;,a7 that the individual does not pose a security risk to the covered chemical facility1 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 7b77#a74 7f7 ,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-- 7#a7 may not be made available to the public2 7#b7 may not be accessed by an employee of the covered chemical facility1 except for an employee who is directly involved with collecting the information or conducting or evaluating security background checks2 7#c7 shall be maintained confidentially by the covered chemical facility and the ,secretary2 7#d7 shall be used only for making determinations under this section2 and 7#e7 may be shared by the ,secretary with other ,federal law enforcement agencies and law enforcement agencies of ,state and local governments4 7g7 ,savings clause 7#a7 ,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 7b77#a7 or an owner or operator of a covered chemical facility under any other ,federal law1 the law of a ,state or local government1 or a collective bargaining agreement4 7#b7 ,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 list4 7h7 ,preemption ,nothing in this section shall be construed to preempt1 alter1 or affect a ,federal law or the law of a ,state local or local government that requires criminal history background checks1 checks on the authorization of an individual to work in the ,united ,states1 or other background checks of individuals subject to security background checks under subsection 7b77#a74 7i7 ,department-,conducted security background check 7#a7 ,in general ,the regulations under subsection 7b77#a7 shall set forth a process by which the ,secretary1 on an ongoing basis1 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 conducted4 7#b7 ,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 check4 7#c7 ,determination of exemption from security background check 7,a7 ,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 #gjaje of title #df1 ,united ,states ,code4 7,b7 ,regulations ,if the ,secretary determines under subparagraph 7,a7 that no background check is required for an individual holding a transportation security card issued under section #gjaje of title #df1 ,united ,states ,code1 the ,secretary shall include the determination in the regulations required under subsection 7b77#a74 7j7 ,termination of employment ,if1 as the result of a security background check1 an owner or operator of a covered chemical facility finds that a covered individual is not legally authorized to work in the ,united ,states1 the owner or operator shall cease to employ the covered individual1 subject to the appropriate redress processes available to the individual under this section4 #baaf4 ,citizen enforcement 7a7 ,in general ,except as provided in subsection 7c71 a person may bring a civil action-- 7#a7 against any governmental entity 7including the ,united ,states and any other governmental instrumentality or agency1 to the extent permitted by the eleventh amendment to the ,constitution of the ,united ,states1 and any federally owned-contractor operated facility7 alleged to be in violation of any order that has become effective under this title2 or 7#b7 against the ,secretary1 for an alleged failure to perform any act or duty under this title that is not discretionary for the ,secretary4 7b7 ,court of jurisdiction 7#a7 ,in general ,any action under subsection 7a77#a7 shall be brought in the district court of the ,united ,states for the district in which the alleged violation occurred4 7#b7 ,action against the ,secretary ,any action brought under subsection 7a77#b7 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 ,columbia4 7#c7 ,relief ,a district court of the ,united ,states may1 without regard to the amount in controversy or the citizenship of the parties-- 7,a7 enforce an order described in subsection 7a77#a72 7,b7 order a governmental entity to take such action as may be necessary to enforce an order described in subsection 7a77#a72 and 7,c7 in a civil action brought under subsection 7a77#b71 order the ,secretary to perform a non-discretionary act or duty under this title1 and impose civil penalties1 as appropriate1 under section #bajg4 7c7 ,actions prohibited ,a civil action may not be filed under subsection 7a7 before #fj days after the date on which the person commencing the action has given notice of the alleged violation to-- 7#a7 the ,secretary2 and 7#b7 in the case of an action under subsection 7a77#a71 any governmental entity alleged to be in violation of an order4 7d7 ,notice ,notice under this section shall be given in such manner as the ,secretary shall prescribe by regulation4 7e7 ,intervention ,in any action under this section1 the ,secretary1 if not a party1 may intervene as a matter of right4 7f7 ,costs ,if determined appropriate by the court1 the court may award the costs of litigation 7including reasonable attorney and expert witness fees7 to the prevailing or substantially prevailing party in a civil action under subsection 7a74 7g7 ,bond ,the court may1 if a temporary restraining order or preliminary injunction is sought1 require the filing of a bond or equivalent security in accordance with the ,federal ,rules of ,civil ,procedure4 7h7 ,other rights preserved ,nothing in this section shall restrict any right which any person 7or class of persons7 may have under any statute or common law4 #baag4 ,citizen petitions 7a7 ,regulations ,the ,secretary shall issue regulations to establish a citizen petition process for petitions described in subsection 7b71 which shall establish-- 7#a7 the format for the petitions2 7#b7 the procedure for investigation of the petitions2 7#c7 the procedure for response to the petitions1 including timelines2 7#d7 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 petition2 and 7#e7 the procedure for rejection or acceptance by the ,secretary of the recommendation of the ,office of the ,inspector ,general4 7b7 ,petitions ,the regulations promulgated under subsection 7a7 shall allow any person to file a petition with the ,secretary-- 7#a7 identifying any person 7including the ,united ,states and any other governmental instrumentality or agency1 to the extent permitted by the eleventh amendment to the ,constitution of the ,united ,states7 alleged to be in violation of any standard1 regulation1 condition1 requirement1 prohibition1 plan1 or order that has become effective under this title2 and 7#b7 describing the alleged violation of any standard1 regulation1 condition1 requirement1 prohibition1 plan1 or order that has become effective under this title by the person described in paragraph 7#a74 7c7 ,requirements ,after the ,secretary issues regulations under subsection 7a71 the ,secretary shall-- 7#a7 accept all petitions described under subsection 7b7 that meet the requirements of the regulations issued under subsection 7a72 7#b7 investigate all allegations contained in accepted petitions2 7#c7 determine whether enforcement action will be taken concerning the alleged violation or violations2 7#d7 respond to all accepted petitions promptly and in writing2 7#e7 include in all responses to petitions a brief and concise statement1 to the extent permitted under section #baaj1 of the allegations1 the steps taken to investigate1 the determination made1 and the reasons for such determination2 7#f7 maintain an internal record including all protected information relating to the determination2 7#g7 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 petitioner1 provide the petitioner with the opportunity to request-- 7,a7 a review of the full record by the ,inspector ,general of the ,department1 including a review of protected information2 and 7,b7 the formulation of recommendations by the ,inspector ,general and submittal of such recommendations to the ,secretary and1 to the extent permitted under section #baaj1 to the petitioner2 and 7#h7 respond to a recommendation submitted by the ,inspector ,general under paragraph 7#g7 by adopting or rejecting the recommendation4 #baah4 ,notification system to address public concerns 7a7 ,establishment ,the ,secretary shall establish a notification system1 which shall provide an individual the ability to report1 via telephonic and ,internet-based means1 a suspected security deficiency or suspected noncompliance with this title4 7b7 ,acknowledgment ,when the ,secretary receives a report through the notification system established under subsection 7a71 the ,secretary shall respond to the report in a timely manner1 but in no case shall the ,secretary respond to such a report later than #cj days after receipt of the report4 7c7 ,steps ,to address problems ,the ,secretary shall-- 7#a7 review each report received through the notification system established under subsection 7a72 and 7#b7 as necessary1 take appropriate enforcement action under section #bajg4 7d7 ,feedback required ,upon request1 the ,secretary shall provide to the individual who reported the suspected security deficiency or noncompliance through the notification system established under subsection 7a7 a written response that includes the findings of the ,secretary with respect to the report submitted by the individual and what1 if any1 compliance action was taken in response to the report4 7e7 ,inspector ,general report required 7#a7 ,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 7a7 and the disposition of the reports by the ,secretary4 7#b7 ,confidential information ,the report required under paragraph 7#a7 shall be made publically available1 except for protected information as determined by the ,inspector ,general1 which shall be submitted to ,congress in an appendix to the report4 #baai4 ,emergency response capacity study 7a7 ,assessment and report 7#a7 ,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 incident1 including worst-case release of a substance of concern4 7#b7 ,contents ,the report required under paragraph 7#a7 shall describe-- 7,a7 the availability of fire1 police1 medical1 and other response personnel2 7,b7 the sufficiency of emergency response facilities1 equipment1 and supplies2 7,c7 the logistical feasibility of evacuation2 7,d7 the carrying capacity of impeded and unimpeded evacuation routes2 7,e7 the protective capacity of structures2 7,f7 the availability of health and environmental hazard detection1 identification1 monitoring1 cleanup1 and decontamination2 7,g7 the surge capacities of hospitals and other health care facilities2 7,h7 the feasibility of warning persons within vulnerable areas prior to impact and the capacity of community notification and warning systems2 7,i7 the protection of vulnerable populations and immobilized populations 7including in schools1 day care centers1 nursing homes1 hospitals1 sports arenas1 shopping malls1 homes1 and businesses72 7,j7 any additional relevant planning provisions identified in section #cjc7;c7 of the ,emergency ,planning and ,community ,right to ,know ,act 7#db ,u4,s4,c4 #aajjc7;c772 7,k7 the necessary funding1 organization 7including interagency coordination71 personnel1 training1 equipment1 exercises1 transportation1 community notification1 medical1 infrastructure1 and other elements to appropriately address any deficiencies in response capacities2 and 7,l7 any additional factors affecting the feasibility of appropriately responding to a worst-case chemical facility terrorist incident1 including worst-case release of a substance of concern4 7#c7 ,public availability ,the report required under this section shall be made publicly available1 and shall not include protected information4 7#d7 ,confidential information ,the ,secretary shall submit any protected information relating to the report required under paragraph 7#a7 to ,congress in an appendix to the report4 #babj4 ,annual report to ,congress 7a7 ,annual ,report ,not later than #a year after the date of enactment of this title1 and annually thereafter for #aj years1 the ,secretary shall submit a report on progress in achieving compliance with this title to-- 7#a7 the ,committee on ,homeland ,security and ,governmental ,affairs and the ,committee on ,environment and ,public ,works of the ,senate2 and 7#b7 the ,committee on ,homeland ,security and the ,committee on ,energy and ,commerce of the ,house of ,representatives4 7b7 ,requirement ,each report required under subsection 7a7 shall include-- 7#a7 a qualitative discussion of how covered chemical facilities1 differentiated by tier1 have reduced the risks of chemical facility terrorist incidents at the covered chemical facilities1 including-- 7,a7 a generalized summary of measures implemented by covered chemical facilities in order to meet each risk-based chemical facility performance standard established under this title1 and the measures that the covered chemical facilities already had in place-- 7i7 in the case of the first report under this section1 before the issuance of the final rule implementing the regulations known as the ,chemical ,facility ,anti-,terrorism ,standards1 issued on ,april #i1 #bjjg2 and 7ii7 in the case of each subsequent report1 since the submittal of the most recent report submitted under this section2 and 7,b7 any other generalized summary the ,secretary determines appropriate to describe the measures covered chemical facilities are implementing to comply with this title2 and 7#b7 a quantitative summary of how the covered chemical facilities1 differentiated by tier1 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 report1 including-- 7,a7 the number of chemical facilities that provided the ,secretary with information about possessing substances of concern1 as described in section #bajb7;b77#b72 7,b7 the number of covered chemical facilities assigned to each tier2 7,c7 the number of security vulnerability assessments and site security plans submitted by covered chemical facilities2 7,d7 the number of security vulnerability assessments and site security plans approved and disapproved by the ,secretary2 7,e7 the number of covered chemical facilities without an approved security vulnerability assessment or site security plan2 7,f7 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 method2 7,g7 the number of orders for compliance issued by the ,secretary2 7,h7 the administrative penalties assessed by the ,secretary for noncompliance with this title2 7,i7 the civil penalties assessed by the court for noncompliance with this title2 7,j7 the number of terrorist watchlist checks conducted by the ,secretary in order to comply with this title2 7,k7 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 7d7 and 7e7 of section #baae1 including those appeals and reconsiderations addressing the processes described under section #baae7;c72 7,l7 aggregate information regarding the time taken for the appeals described in subparagraph 7,k72 7,m7 aggregate information regarding the manner in which the appeals described in subparagraph 7,k7 were resolved2 7,n7 based on information provided to the ,secretary annually by each owner or operator of a covered chemical facility1 the number of individuals subjected to adverse employment decisions that were attributed by the owner or operator to the regulations required under section #baae7;b77#a72 and 7,o7 any other data the ,secretary determines appropriate to describe compliance with this title by chemical facilities and the implementation of this title by the ,secretary4 7c7 ,public availability ,a report submitted under this section shall be made publicly available4 #baba4 ,authorization of appropriations ,there is authorized to be appropriated to the ,secretary to carry out this title-- 7#a7 #cjj1jjj1jjj for each of fiscal years #bjac and #bjad1 of which #aej1jjj1jjj shall be made available for grants under section #baaa7;g7 for methods to reduce the consequences of a terrorist attack1 of which up to #c1jjj1jjj shall be made available for grants authorized under section #baaa7;d77#b72 and 7#b7 #bge1jjj1jjj for each of fiscal years #bjae1 #bjaf1 and #bjag1 of which #aej1jjj1jjj shall be made available for grants under section #baaa7;g7 for methods to reduce the consequences of a terrorist attack1 of which up to #c1jjj1jjj shall be made available for grants authorized under section #baaa7;d77#b74 4 7b7 ,clerical ,amendment ,the table of contents in section #a7;b7 of such ,act is amended by adding at the end the following3 ,,title ,,xxi--,regulation of ,security ,practices at ,chemical ,facilities ,sec4 #baja4 ,definitions4 ,sec4 #bajb4 ,risk-based designation and ranking of covered chemical facilities4 ,sec4 #bajc4 ,security vulnerability assessments and site security plans4 ,sec4 #bajd4 ,site inspections4 ,sec4 #baje4 ,records4 ,sec4 #bajf4 ,timely sharing of threat information4 ,sec4 #bajg4 ,enforcement4 ,sec4 #bajh4 ,whistleblower protections4 ,sec4 #baji4 ,federal preemption4 ,sec4 #baaj4 ,protection of information4 ,sec4 #baaa4 ,methods to reduce the consequences of a terrorist attack4 ,sec4 #baab4 ,applicability4 ,sec4 #baac4 ,savings clause4 ,sec4 #baad4 ,office of ,chemical ,facility ,security4 ,sec4 #baae4 ,security background checks of covered individuals at certain chemical facilities4 ,sec4 #baaf4 ,citizen enforcement4 ,sec4 #baag4 ,citizen petitions4 ,sec4 #baah4 ,notification system to address public concerns4 ,sec4 #baai4 ,emergency response capacity study4 ,sec4 #babj4 ,annual report to ,congress4 ,sec4 #baba4 ,authorization of appropriations4 4 7c7 ,conforming repeal 7#a7 ,repeal ,the ,department of ,homeland ,security ,appropriations ,act1 #bjjg 7,public ,law #aji-bie7 is amended by striking section #eej 7#f ,u4,s4,c4 #aba note74 7#b7 ,effective date ,the amendment made by paragraph 7#a7 shall take effect on the date of the enactment of this ,act4 7d7 ,regulations 7#a7 ,deadlines 7,a7 ,proposed rules ,not later that #f months after the date of enactment of this ,act1 the ,secretary of ,homeland ,security shall issue proposed rules to carry out title ,,xxi of the ,homeland ,security ,act of #bjjb1 as added by subsection 7a74 7,b7 ,final rules ,not later than #ah months after the date of enactment of this ,act1 the ,secretary of ,homeland ,security shall issue final rules to carry out title ,,xxi of the ,homeland ,security ,act of #bjjb1 as added by subsection 7a74 7#b7 ,consultation ,in developing and implementing the rules issued under paragraph 7#a71 the ,secretary of ,homeland ,security shall consult with the ,administrator of the ,environmental ,protection ,agency1 and other persons1 as appropriate1 regarding-- 7,a7 the designation of substances of concern2 7,b7 methods to reduce the consequences of a terrorist attack2 7,c7 security at drinking water facilities and wastewater treatment works2 7,d7 the treatment of protected information2 and 7,e7 any other matters the ,secretary determines necessary4 7#c7 ,sense of ,congress regarding ,,cfats ,it is the sense of ,congress that-- 7,a7 the ,secretary of ,homeland ,security was granted statutory authority under section #eej of the ,department of ,homeland ,security ,appropriations ,act1 #bjjg 7#f ,u4,s4,c4 #aba note7 to regulate security practices at chemical facilities until ,october #a1 #bjji2 and 7,b7 under section #eej of the ,department of ,homeland ,security ,appropriations ,act1 #bjjg 7#f ,u4,s4,c4 #aba note71 the ,secretary prescribed regulations known as the ,chemical ,facility ,anti-,terrorism ,standards 7referred to in this section as ,,cfats regulations74 7#d7 ,interim use and amendment of ,,cfats ,until the final rules issued under paragraph 7#a7 take effect1 in carrying out title ,,xxi of the ,homeland ,security ,act of #bjjb1 as added by subsection 7a71 the ,secretary may1 to the extent the ,secretary determines appropriate-- 7,a7 continue to carry out the ,,cfats regulations1 as in effect on the day before the date of enactment of this ,act2 7,b7 amend the ,,cfats regulations as may be necessary to ensure that the ,,cfats regulations are consistent with this ,act and the amendments made by this ,act2 and 7,c7 continue using any tools developed for purposes of the ,,cfats regulations1 including the list of substances of concern1 usually referred to as ,appendix ,a1 and the chemical security assessment tool 7which includes facility registration1 a top-screen questionnaire1 a security vulnerability assessment tool1 a site security plan template1 and a chemical vulnerability information repository74 7#e7 ,update of facility plans assessments and plans prepared under ,,cfats ,the owner or operator of a covered chemical facility that1 before the effective date of the final regulations issued under paragraph 7#a71 submits a security vulnerability assessment or site security plan under the ,,cfats regulations1 shall be required to update or amend the security vulnerability assessment and site security plan of the facility to reflect any additional requirements under this ,act or the amendments made by this ,act1 according to a timeline established by the ,secretary4 7e7 ,review of designation of sodium fluoroacetate as a substance of concern ,the ,secretary of ,homeland ,security shall review the designation of sodium fluoroacetate as a substance of concern under section #bajb7;d7 of the ,homeland ,security ,act of #bjjb1 as added by subsection 7a71 by the earlier of-- 7#a7 the date of the first periodic review conducted under section #bajb7;d7 of the ,homeland ,security ,act of #bjjb2 and 7#b7 the date that is #a year after the date of enactment of this ,act4