[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 2486 Introduced in Senate (IS)]








109th CONGRESS
  2d Session
                                S. 2486

   To ensure that adequate actions are taken to detect, prevent, and 
    minimize the consequences of chemical releases that result from 
     terrorist attacks and other criminal activity that may cause 
   substantial harm to public health and safety and the environment.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 30, 2006

 Mr. Lautenberg (for himself, Mr. Obama, Mr. Kerry, Mr. Menendez, Mr. 
 Durbin, and Mr. Biden) introduced the following bill; which was read 
     twice and referred to the Committee on Homeland Security and 
                          Governmental Affairs

_______________________________________________________________________

                                 A BILL


 
   To ensure that adequate actions are taken to detect, prevent, and 
    minimize the consequences of chemical releases that result from 
     terrorist attacks and other criminal activity that may cause 
   substantial harm to public health and safety and the environment.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Chemical Security and Safety Act of 
2006''.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) the Federal Bureau of Investigation, the Department of 
        Justice, the Department of Homeland Security, the Government 
        Accountability Office, the Environmental Protection Agency, the 
        Congressional Research Service, and the Agency for Toxic 
        Substances and Disease Registry believe that the possibility of 
        terrorist and criminal attacks on chemical plants poses a 
        serious threat to public health and safety and the environment;
            (2) there are significant opportunities to prevent harmful 
        consequences of criminal attacks on chemical plants by 
        employing inherently safer technologies in the manufacture and 
        use of chemicals;
            (3) inherently safer technologies may offer industry 
        substantial savings by reducing the need for site security, 
        secondary containment, buffer zones, mitigation, evacuation 
        plans, regulatory compliance, and liability insurance; and
            (4) owners and operators of chemical plants have a general 
        duty to design, operate, and maintain safe facilities to 
        prevent criminal activity that may result in harm to public 
        health or safety or the environment.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Administrator.--The term ``Administrator'' means the 
        Administrator of the Environmental Protection Agency.
            (2) Classified information.--The term ``classified 
        information'' has the meaning given the term in section 1 of 
        the Classified Information Procedures Act (18 U.S.C. App.).
            (3) Committee.--The term ``Committee'' means a committee 
        established under section 7(a).
            (4) Committee-eligible employee.--The term ``committee-
        eligible employee'' means an employee who--
                    (A) is not an independent contractor, 
                subcontractor, or consultant;
                    (B) is not employed by an off-site company 
                affiliated with the owner or operator of the relevant 
                stationary source; and
                    (C) does not have supervisory or managerial 
                responsibilities at the relevant stationary source.
            (5) Committee-eligible stationary source.--The term 
        ``committee-eligible stationary source'' means a stationary 
        source that has 15 or more full-time equivalent employees.
            (6) Criminal release.--The term ``criminal release'' 
        means--
                    (A) a release of a substance of concern from a 
                stationary source into the environment that is caused, 
                in whole or in part, by a criminal act, including an 
                act of terrorism; and
                    (B) a release into the environment of a substance 
                of concern that has been removed from a stationary 
                source, in whole or in part, by a criminal act, 
                including an act of terrorism.
            (7) Design, operation, and maintenance of safe 
        facilities.--The term ``design, operation, and maintenance of 
        safe facilities'' means, with respect to the facilities at a 
        stationary source, the practices of preventing or reducing the 
        possibility of releasing a substance of concern--
                    (A) through use of inherently safer technology, to 
                the maximum extent practicable;
                    (B) through secondary containment, control, or 
                mitigation equipment, to the maximum extent 
                practicable;
                    (C) by--
                            (i) making the facilities impregnable to 
                        intruders, to the maximum extent practicable; 
                        and
                            (ii) improving site security and employee 
                        training, to the maximum extent practicable;
                    (D) through the use of buffer zones between the 
                stationary source and surrounding populations 
                (including buffer zones between the stationary source 
                and residences, schools, hospitals, senior centers, 
                shopping centers and malls, sports and entertainment 
                arenas, public roads and transportation routes, and 
                other population centers);
                    (E) through increased coordination with State and 
                local emergency officials, law enforcement agencies, 
                and first responders, to the maximum extent 
                practicable; and
                    (F) through outreach to the surrounding community, 
                to the maximum extent practicable.
            (8) Employee.--
                    (A) In general.--Except as provided in subparagraph 
                (B), the term ``employee'' means any individual 
                employed by the owner or operator of a stationary 
                source that produces, processes, handles, or stores a 
                substance of concern.
                    (B) Training.--For purposes of section 8, the term 
                ``employee'' includes any employee of a construction or 
                maintenance contractor working at a stationary source 
                that produces, processes, handles, or stores a 
                substance of concern.
            (9) Employee representative.--The term ``employee 
        representative'' means a duly recognized collective bargaining 
        representative at a stationary source.
            (10) Employer.--The term ``employer'' includes--
                    (A) an employee of any employer, agent, contractor, 
                or subcontractor subject to the provisions of this Act 
                or engaged in the production, storage, security or 
                transportation of a harmful chemical; and
                    (B) an employee, agent, contractor, or 
                subcontractor of the Department of Homeland Security or 
                any other Federal, State, or local government agency 
                with responsibility for enforcing any provision of this 
                Act.
            (11) First responder.--The term ``first responder'' 
        includes Federal, State, and local emergency public safety, law 
        enforcement, emergency response, and emergency medical 
        (including hospital emergency facilities) agencies and 
        authorities.
            (12) Outreach to the surrounding community.--The term 
        ``outreach to the surrounding community'' includes education of 
        residents near a stationary source regarding--
                    (A) emergency procedures in the case of a terrorist 
                attack;
                    (B) evacuation procedures, routes, and travel 
                times; and
                    (C) what actions to take to minimize exposure to 
                and physical harm caused by substances of concern.
            (13) Owner or operator.--The term ``owner or operator of a 
        stationary source'' means any person who owns, leases, 
        controls, or supervises a stationary source.
            (14) Secretary.--The term ``Secretary'' means the Secretary 
        of Homeland Security.
            (15) Stationary source.--The term ``stationary source'' has 
        the meaning given the term in section 112(r)(2) of the Clean 
        Air Act (42 U.S.C. 7412(r)(2)) and includes any chemical 
        facility designated by the Secretary under section 5(d) of this 
        Act.
            (16) Substance of concern.--The term ``substance of 
        concern'' means any substance listed under section 112(r)(3) of 
        the Clean Air Act (42 U.S.C. 7412(r)(3)) in a threshold 
        quantity or any other substance designated by the Secretary 
        under section 5(d) of this Act in a threshold quantity.
            (17) Threshold quantity.--The term ``threshold quantity'' 
        means, with respect to a substance, the quantity established 
        for the substance--
                    (A) under section 112(r)(5) of the Clean Air Act 
                (42 U.S.C. 7412(r)(5)); or
                    (B) by the Secretary under section 5(d) of this 
                Act.
            (18) Use of inherently safer technology.--
                    (A) In general.--The term ``use of inherently safer 
                technology'' means use of a technology, product, raw 
                material, or practice that, as compared to the 
                technology, products, raw materials, or practices 
                currently in use--
                            (i) significantly reduces or eliminates the 
                        possibility of the release of a substance of 
                        concern; and
                            (ii) significantly reduces or eliminates 
                        the hazards to public health and safety and the 
                        environment associated with the release or 
                        potential release of a substance described in 
                        clause (i).
                    (B) Inclusions.--The term ``use of inherently safer 
                technology'' includes chemical substitution, process 
                redesign, product reformulation, and procedural and 
                technological modification so as to--
                            (i) use less hazardous or benign 
                        substances;
                            (ii) use a smaller quantity of a substance 
                        of concern;
                            (iii) moderate pressures or temperatures;
                            (iv) reduce the likelihood and potential 
                        consequences of human error;
                            (v) improve inventory control and chemical 
                        use efficiency; and
                            (vi) reduce or eliminate storage, 
                        transportation, handling, disposal, and 
                        discharge of substances of concern.

SEC. 4. PREVENTION OF CRIMINAL RELEASES.

    (a) General Duty.--Each owner and each operator of a stationary 
source that produces, processes, handles, or stores any substance of 
concern has a general duty, in the same manner and to the same extent 
as the duty imposed under section 112(r) of the Clean Air Act (42 
U.S.C. 7412(r)), to--
            (1) identify hazards that may result from a criminal 
        release using appropriate hazard assessment techniques;
            (2) ensure the design, operation, and maintenance of safe 
        facilities by taking such actions as are necessary to prevent 
        criminal releases; and
            (3) eliminate or significantly reduce the consequences of 
        any criminal release that does occur.
    (b) Worker Participation.--In carrying out its general duty to 
identify hazards under subsection (a), the owner or operator of a 
stationary source shall involve the employees of the stationary source 
in each aspect of ensuring the design, operation, and maintenance of 
safe facilities.

SEC. 5. DESIGNATION AND REGULATION OF HIGH PRIORITY CATEGORIES BY THE 
              SECRETARY.

    (a) In General.--Not later than 6 months after the date of 
enactment of this Act, the Secretary, in consultation with the 
Administrator and State and local government agencies responsible for 
planning for and responding to criminal releases and providing 
emergency health care, shall promulgate regulations to designate 
certain stationary sources and substances of concern as high priority 
categories, based on the severity of the threat posed by a criminal 
release from the stationary sources.
    (b) Factors To Be Considered.--
            (1) In general.--In designating high priority categories 
        under subsection (a), the Secretary, in consultation with the 
        Administrator, shall consider--
                    (A) the severity of the harm that could be caused 
                by a criminal release;
                    (B) the proximity to population centers;
                    (C) the threats to national security;
                    (D) the threats to critical infrastructure;
                    (E) threshold quantities of substances of concern 
                that pose a serious threat; and
                    (F) such other safety or security factors as the 
                Secretary, in consultation with the Administrator, 
                determines to be appropriate.
            (2) Individual consideration.--In designating high priority 
        categories under subsection (a), the Secretary shall consider 
        each stationary source individually and shall not summarily 
        exclude any type of stationary source that would otherwise be 
        considered a high priority under paragraph (1).
            (3) Initial designation.--In designating high priority 
        categories for the first time under subsection (a), the 
        Secretary shall ensure that not fewer than 3,000 stationary 
        sources are within a high priority category.
    (c) Requirements for High Priority Categories.--
            (1) In general.--Not later than 1 year after the date of 
        enactment of this Act, the Secretary, in consultation with the 
        Administrator, the United States Chemical Safety and Hazard 
        Investigation Board, and the State and local government 
        agencies described in subsection (a), shall promulgate 
        regulations to require each owner or operator of a stationary 
        source that is within a high priority category designated under 
        subsection (a), in consultation with local law enforcement, 
        first responders, employees, and employee representatives, to 
        take adequate actions (including the design, operation, and 
        maintenance of safe facilities) to detect, prevent, and 
        eliminate or significantly reduce the consequences of terrorist 
        attacks and other criminal releases that may cause harm to 
        public health or safety.
            (2) Source reports.--Not later than 6 months after the date 
        on which regulations are promulgated under paragraph (1), each 
        owner or operator of a stationary source that is within a high 
        priority category designated under subsection (a) shall submit 
        a report to the Secretary that includes--
                    (A) an assessment of the vulnerability of the 
                stationary source to a terrorist attack or other 
                criminal release;
                    (B) an assessment of the hazards that may result 
                from a criminal release of a substance of concern using 
                appropriate hazard assessment techniques;
                    (C) a prevention, preparedness, and response plan 
                that incorporates the results of the vulnerability and 
                hazard assessments under subparagraphs (A) and (B), 
                respectively;
                    (D) a statement as to how the prevention, 
                preparedness, and response plan meets the requirements 
                of the regulations established under paragraph (1);
                    (E) a statement as to how the prevention, 
                preparedness, and response plan meets the general duty 
                requirements under section 4(a);
                    (F) a discussion of the consideration of the 
                elements of design, operation, and maintenance of safe 
                facilities, including the practicability of 
                implementing each element;
                    (G) a statement describing how and when employees 
                and employee representatives (if any) were consulted in 
                considering the design, operation, and maintenance of 
                safe facilities and in preparing the report under this 
                paragraph.
    (d) Addition of Substances of Concern or Stationary Sources.--For 
the purpose of designating high priority categories under subsection 
(a) or any subsequent revision of the regulations promulgated under 
subsection (c)(1), the Secretary, in consultation with the 
Administrator, may designate--
            (1) any additional substance that, in a specified threshold 
        quantity, poses a serious threat as a substance of concern; or
            (2) any chemical facility as a stationary source.
    (e) Review and Revision of Regulations.--Not later than 5 years 
after the dates of promulgation of regulations under each of 
subsections (a) and (c)(1), and not less often than every 5 years 
thereafter, the Secretary, in consultation with the Administrator, 
shall review the regulations and make any necessary revisions.

SEC. 6. REVIEW AND CERTIFICATION OF REPORTS.

    (a) In General.--The Secretary, in consultation with the 
Administrator, shall review each report submitted under section 5(c)(2) 
to determine whether the stationary source covered by the report is in 
compliance with regulations promulgated under section 5(c)(1).
    (b) Certification of Compliance.--
            (1) In general.--The Secretary shall certify each 
        determination under subsection (a) in writing.
            (2) Inclusions.--A certification under paragraph (1) 
        indicating the stationary source is in compliance with the 
        regulations under section 5(c)(1) shall include a checklist 
        indicating the consideration by such stationary source of the 
        use of each element of design, operation, and maintenance of 
        safe facilities.
    (c) Deadline for Completion.--
            (1) Highest priority stationary sources.--Not later than 6 
        months after the date on which reports are required to be 
        submitted under section 5(c)(2), the Secretary shall complete 
        the review and certification of the 600 highest priority 
        stationary sources designated under section 5(a).
            (2) Other high priority stationary sources.--Not later than 
        2 years after the date on which reports are required to be 
        submitted under section 5(c)(2), the Secretary shall complete 
        the review and certification of all reports submitted under 
        that section.
    (d) Compliance Assistance.--
            (1) Definition.--In this subsection, the term 
        ``determination'' means a determination by the Secretary that, 
        with respect to a report submitted under section 5(c)(2)--
                    (A) the report does not comply with regulations 
                promulgated under section 5(c)(1);
                    (B) a threat exists that is beyond the scope of the 
                plan submitted with the report; or
                    (C) the implementation of the plan submitted with 
                the report is insufficient.
            (2) Determination by secretary.--If the Secretary, after 
        consultation with the Administrator, makes a determination, the 
        Secretary shall--
                    (A) notify the stationary source of the 
                determination; and
                    (B) in coordination with the Administrator and the 
                United States Chemical Safety and Hazard Investigation 
                Board, provide advice and technical assistance to bring 
                the stationary source into compliance.
    (e) Recertification.--Not later than 3 years after the date of 
submission of a report under section 5(c)(2), and not less often than 
every 2 years thereafter, the owner or operator of the stationary 
source covered by the report, shall--
            (1) review the adequacy of the report;
            (2) certify to the Secretary that the stationary source has 
        completed the review; and
            (3) as appropriate, submit to the Secretary any changes to 
        the assessments or plan in the report.

SEC. 7. SAFETY AND SECURITY COMMITTEES.

    (a) In General.--Not later than 6 months after the date of 
promulgation of regulations under section 5(a), the owner or operator 
of a committee-eligible stationary source shall establish a safety and 
security committee for that stationary source.
    (b) Committee Composition.--
            (1) In general.--A Committee shall be composed of 
        committee-eligible employees and managerial employees.
            (2) Membership.--
                    (A) Number of members.--
                            (i) In general.--The Secretary, in 
                        consultation with the Administrator, shall 
                        promulgate regulations establishing the number 
                        of members of a Committee that are required.
                            (ii) Contents.--The regulations promulgated 
                        under clause (i) shall--
                                    (I) establish a number of members 
                                of a Committee that is directly 
                                proportional to the number of employees 
                                at a committee-eligible stationary 
                                source; and
                                    (II) permit the number of members 
                                of a Committee to be increased above 
                                that established by regulation by 
                                mutual agreement between committee-
                                eligible employees and managerial 
                                employees.
                    (B) Ratio.--The number of committee-eligible 
                employees serving as members of a Committee shall be 
                equal to or greater than the number of managerial 
                employees serving as members.
                    (C) Alternates.--An alternate member of a Committee 
                may be designated if a member of a Committee is 
                temporarily unavailable.
                    (D) Place of employment.--All members of a 
                Committee shall be employed at the committee-eligible 
                stationary source for which the Committee was 
                established.
            (3) Selection of committee-eligible employee members.--
                    (A) In general.--At a committee-eligible stationary 
                source that has an employee representative, the 
                employee representative shall select the committee-
                eligible employee members of the Committee.
                    (B) No employee representatives.--
                            (i) In general.--At a committee-eligible 
                        stationary source that does not have an 
                        employee representative, the owner or operator 
                        of the committee-eligible stationary source 
                        shall actively solicit volunteers from among 
                        committee-eligible employees who may 
                        potentially be exposed to a substance of 
                        concern.
                            (ii) Insufficient volunteers.--If there is 
                        not a sufficient number of volunteers under 
                        clause (i), the owner or operator of the 
                        committee-eligible stationary source shall 
                        select additional committee-eligible employees 
                        to serve as members of the Committee.
            (4) Co-chairpersons.--A member of a Committee who is a 
        committee-eligible employee and a member of a Committee who is 
        a managerial employee shall serve as co-chairpersons of the 
        Committee.
    (c) Lists of Members.--The owner or operator of a committee-
eligible stationary source shall prominently post at the stationary 
source a current list of all members of the Committee of the stationary 
source that includes the name and work location of each member and 
whether each member is a committee-eligible employee or a managerial 
employee.
    (d) Meetings; Quorums; Action.--
            (1) Meetings.--A Committee shall meet not less frequently 
        than once per month at a time, date, and location agreed to by 
        the Committee.
            (2) Quorum.--A majority of members of a Committee shall 
        constitute a quorum for the transaction of Committee business.
            (3) Action.--Any action by a Committee shall require an 
        affirmative vote of a majority of the members present.
    (e) Authority.--A Committee shall--
            (1) identify, discuss, and make recommendations to the 
        owner or operator of the committee-eligible stationary source 
        concerning potential hazards and risks relevant to security, 
        safety, and health and potential responses to those hazards and 
        risks;
            (2) survey the facility of the committee-eligible 
        stationary source for potential security, safety, and health 
        vulnerabilities;
            (3) establish a schedule to conduct, not less frequently 
        than once per month, a survey described in paragraph (2) of all 
        or part of the committee-eligible stationary source;
            (4) as soon as is practicable, assist in the investigation 
        of an accident, criminal release, fire, explosion, or an 
        incident in which there was a significant risk of an accident, 
        criminal release, fire, or explosion; and
            (5) participate in the development, review, or revision of 
        any vulnerability assessment, hazard assessment, or prevention, 
        preparedness, and response plan.
    (f) Recommendations.--
            (1) In writing.--Any recommendations made by a Committee 
        shall be made in writing.
            (2) Review.--At each meeting, a Committee shall review the 
        status of any recommendation made by the Committee that the 
        Committee has not determined to be resolved.
            (3) Nonunanimous recommendations.--If a recommendation of a 
        Committee is not unanimous, the owner or operator of the 
        committee-eligible stationary source shall document the 
        differing views of the members of the Committee and maintain 
        records regarding any such recommendation.
    (g) Existing Committees.--
            (1) In general.--A safety and health, environmental, or 
        similar committee established at a committee-eligible 
        stationary source before the date specified in subsection (a) 
        that meets the requirements of this section may be designated 
        as the Committee for the committee-eligible stationary source 
        under a written agreement between the owner or operator of the 
        committee-eligible stationary source and the employee 
        representative of the committee-eligible stationary source.
            (2) No employee representative.--If there is no employee 
        representative at a committee-eligible stationary source, the 
        owner or operator of a stationary source may designate a safety 
        and health, environmental or similar committee described in 
        paragraph (1) as the Committee for the committee-eligible 
        stationary source.

SEC. 8. EMPLOYEE TRAINING.

    (a) In General.--The owner or operator of a stationary source shall 
annually provide each employee with 4 hours of training--
            (1) regarding the requirements of this Act, as applicable 
        to the stationary source;
            (2) identifying and discussing substances of concern that 
        pose a risk to the community and first responders;
            (3) discussing the prevention, preparedness, and response 
        plan for the stationary source, including off-site consequence 
        impacts;
            (4) identifying opportunities to reduce or eliminate the 
        vulnerability of a stationary source to a criminal release of a 
        substance of concern through the use of the elements of design, 
        operation, and maintenance of safe facilities; and
            (5) discussing appropriate emergency response procedures.
    (b) Nonduplication.--Training provided under this section shall be 
in addition to any training required to be provided by the owner or 
operator of a stationary source under any other Federal or State law.
    (c) Documentation.--The owner or operator of a stationary source 
that is within a high priority category designated under section 5(a) 
shall--
            (1) submit an annual written certification to the Secretary 
        stating that the owner or operator has met the requirements for 
        employee training under this section; and
            (2) maintain a list of all employees who have received 
        training under this section.

SEC. 9. INSPECTIONS, MONITORING, ENTRY, AND RECORDKEEPING.

    (a) In General.--For purposes of determining whether any owner or 
operator of a stationary source is in compliance with this Act or is 
properly carrying out any provision of this Act, the Secretary and the 
Administrator (or a designee of the Secretary or the Administrator) may 
take any action that the Administrator is authorized to take under 
paragraphs (7) and (9) of section 112(r) and section 114 of the Clean 
Air Act (42 U.S.C. 7412(r) and 7414).
    (b) Program.--
            (1) In general.--The Secretary and the Administrator shall 
        establish a program to conduct regular inspections of 
        stationary sources, and shall prioritize inspection of 
        stationary sources that are within a high priority category 
        designated under section 5(a).
            (2) Types of inspection.--The program established under 
        paragraph (1) shall--
                    (A) include inspections without notice and 
                inspections with notice; and
                    (B) require that not fewer than 25 percent of 
                inspections under the program shall be without notice.
    (c) Receipt of Notice.--
            (1) In general.--When providing notice to the owner or 
        operator of a stationary source of an inspection or 
        investigation under this Act, the Secretary or the 
        Administrator (or a designee of the Secretary or the 
        Administrator) shall instruct the owner or operator of the 
        stationary source to, immediately upon receipt of the 
        notification--
                    (A) post a notice, or a copy of any notice provided 
                by the Secretary or the Administrator (or a designee of 
                the Secretary or the Administrator), indicating that 
                there will be an inspection or investigation, which 
                shall be conspicuously displayed in the area of the 
                stationary source subject to the inspection or 
                investigation; and
                    (B) provide a copy of the notice posted under 
                subparagraph (A) to an employee representative at the 
                stationary source, if any.
            (2) Explanations.--
                    (A) In general.--If the Secretary or the 
                Administrator (or a designee of the Secretary or the 
                Administrator) provides a written explanation of the 
                purpose, scope, procedures, progress, or outcome of an 
                inspection or investigation under this Act to the owner 
                or operator of a stationary source, any employee of 
                that stationary source shall be entitled to view a copy 
                of the written explanation.
                    (B) Instructions.--The Secretary or the 
                Administrator (or a designee of the Secretary or the 
                Administrator) shall instruct the owner or operator of 
                a stationary source receiving a written explanation 
                described in subparagraph (A) to, not later than 24 
                hours after receiving the written explanation--
                            (i) conspicuously display the written 
                        explanation in the area subject to the 
                        inspection or investigation; and
                            (ii) provide a copy of the written 
                        explanation to an employee representative at 
                        the stationary source, if any.
    (d) Procedures.--
            (1) Participation by employees.--
                    (A) In general.--An official conducting an 
                inspection or investigation of a stationary source 
                under this Act shall instruct the owner or operator of 
                the stationary source to afford the opportunity to 
                participate in the inspection or investigation, and to 
                accompany the official during the inspection or 
                investigation to--
                            (i) an employee who works in, or is 
                        familiar with, the portion of the facility 
                        being inspected or investigated; and
                            (ii) an employee representative of the 
                        employees of the stationary source, if 
                        applicable.
                    (B) Additional employees.--
                            (i) In general.--Except as provided in 
                        clause (ii), an official described in 
                        subparagraph (A) may, if the official 
                        determines that doing so will aid in the 
                        inspection or investigation by the official, 
                        permit any additional employee representative 
                        of the employees of the stationary source or 
                        any additional employee to accompany the 
                        official, including permitting a different 
                        employee, employee representative, or 
                        representative of the owner or operator of the 
                        stationary source to accompany the official 
                        during different phases of the inspection or 
                        investigation.
                            (ii) Exception.--Clause (i) shall not apply 
                        to portions of an inspection or investigation 
                        in which an official described in subparagraph 
                        (A) is exclusively examining written records.
                    (C) Meetings.--If the official described in 
                subparagraph (A) conducts a meeting with the management 
                of a stationary source to explain the purpose, scope, 
                procedures, progress, or outcome of an inspection or 
                investigation under this Act, the official shall 
                instruct the owner or operator of the stationary source 
                to invite to the meeting any employee and employee 
                representative that participated in the inspection or 
                investigation. If the official determines it is 
                necessary, the official shall arrange and conduct a 
                separate meeting with any employee and employee 
                representative that participated in the inspection or 
                investigation.
            (2) Exclusion of individuals.--An official conducting an 
        inspection or investigation of a stationary source under this 
        Act may prohibit any individual whose conduct interferes with a 
        fair and orderly inspection or investigation from accompanying 
        the official on the inspection or investigation.
            (3) Interviews.--An official conducting an inspection or 
        investigation of a stationary source under this Act may--
                    (A) interview any person at the stationary source 
                that the official determines is necessary to effectuate 
                the purposes of this Act; and
                    (B) conduct any interview under subparagraph (A) 
                outside the presence of the owner or operator, manager, 
                or other personnel of the stationary source, if 
                determined to be appropriate by the official.
            (4) Classified information.--In the case of a stationary 
        source that contains classified information, only persons who 
        are authorized to have access to such information may accompany 
        an official conducting an inspection or investigation of a 
        stationary source under this Act in areas of the stationary 
        source in which such information is located.
    (e) Recordkeeping.--The owner or operator of a stationary source 
that is required to submit a report under section 5(c)(2) shall 
maintain on the premises of the stationary source a current copy of the 
report for the stationary source and any such report previously 
submitted.

SEC. 10. ENFORCEMENT.

    (a) Compliance Orders.--
            (1) Issuance.--
                    (A) In general.--If, after the date that is 30 days 
                after the date described in subparagraph (B), a 
                stationary source is not in compliance with this Act, 
                the Secretary, in consultation with the Administrator, 
                may issue an order directing compliance by the owner or 
                operator of the stationary source.
                    (B) Date.--The date described in this subparagraph 
                is--
                            (i) the date on which the Secretary 
                        provides notice to a stationary source that the 
                        stationary source is not in compliance with 
                        this Act; or
                            (ii) if the failure to comply with this Act 
                        relates to a report submitted under section 
                        5(c)(2), the later of the date on which the 
                        Secretary first provides assistance, or a 
                        stationary source receives notice, under 
                        section 6(d)(2).
            (2) Notice and opportunity for hearing.--An order under 
        paragraph (1) may be issued only after notice and opportunity 
        for a hearing.
    (b) Penalties.--
            (1) Civil penalties.--Any owner or operator of a stationary 
        source that is within a high priority category designated under 
        section 5(a) that violates, or fails to comply with, any order 
        under subsection (a) may, in an action brought in a United 
        States district court, be subject to a civil penalty of not 
        more than $50,000 for each day in which the violation occurs or 
        the failure to comply continues.
            (2) Criminal penalties.--Any owner or operator of a 
        stationary source that is within a high priority category 
        designated under section 5(a) that knowingly violates, or fails 
        to comply with, any order under subsection (a) shall--
                    (A) in the case of a first violation or failure to 
                comply, be fined not less than $5,000 nor more than 
                $50,000 per day of violation or failure to comply, 
                imprisoned for not more than 2 years, or both; and
                    (B) in the case of a subsequent violation or 
                failure to comply, be fined not less than $10,000 nor 
                more than $50,000 per day of violation or failure to 
                comply, imprisoned for not more than 4 years, or both.
            (3) Administrative penalties.--
                    (A) Penalty orders.--The Secretary, in consultation 
                with the Administrator, may impose an administrative 
                penalty order of not more than $50,000 per day, and not 
                more than a maximum of $2,000,000 per year, for failure 
                to comply with an order or directive issued by the 
                Secretary under subsection (a).
                    (B) Notice and hearing.--Before issuing an order 
                described in subparagraph (A), the Secretary shall 
                provide to the person against which the penalty is to 
                be assessed--
                            (i) written notice of the proposed order; 
                        and
                            (ii) the opportunity to request, not later 
                        than 30 days after the date on which the notice 
                        is received by the person, a hearing on the 
                        proposed order.
    (c) Abatement Actions.--
            (1) In general.--If the Secretary, in consultation with 
        local law enforcement officials, determines that the threat of 
        a terrorist attack exists that warrants additional measures to 
        prevent or reduce the possibility of releasing a substance of 
        concern at 1 or more stationary sources, the Secretary shall 
        notify each such stationary source of the elevated threat.
            (2) Insufficient response.--If the Secretary determines 
        that a stationary source has not taken appropriate action in 
        response to a notification under paragraph (1), the Secretary 
        shall notify the stationary source, the Administrator, and the 
        Attorney General that actions taken by the stationary source in 
        response to the notification are insufficient.
            (3) Relief.--
                    (A) In general.--If the Secretary makes a 
                notification under paragraph (2), the Secretary or the 
                Attorney General may secure such relief as is necessary 
                to abate a threat described in paragraph (1), including 
                an order directing the stationary source to cease 
                operation and such other orders as are necessary to 
                protect public health or welfare.
                    (B) Jurisdiction.--The United States district court 
                for the district in which a threat described in 
                paragraph (1) occurs shall have jurisdiction to grant 
                such relief as the Secretary or Attorney General 
                requests under subparagraph (A).

SEC. 11. PROTECTION OF INFORMATION.

    (a) Disclosure Exemption.--Except with respect to certifications 
under section 6(b), orders issued under section 10(a), and best 
practices established under section 13(4), all documents provided to 
the Secretary under this Act, and all information that describes a 
specific vulnerability at a specific stationary source derived from 
those documents, shall be exempt from disclosure under section 552 of 
title 5, United States Code.
    (b) State and Local Government Agencies.--Notwithstanding any other 
provision of Federal, State, or local law, no State or local government 
agency shall be required to disclose any documents provided by a 
stationary source under this Act, or any information that describes a 
specific vulnerability at a specific stationary source derived from 
those documents, except with respect to certifications under section 
6(b), orders issued under section 10(a), and best practices established 
under section 13(4).
    (c) Development of Protocols.--
            (1) In general.--The Secretary, in consultation with the 
        Administrator, shall develop such protocols as are necessary to 
        protect the documents described in subsection (a), including 
        the reports submitted under section 5(c)(2) and the information 
        contained in those reports, from unauthorized disclosure.
            (2) Deadline.--As soon as is practicable, but not later 
        than 1 year after the date of enactment of this Act, the 
        Secretary shall complete the development of protocols under 
        paragraph (1) and shall ensure that the protocols are in effect 
        before the date on which the Administrator receives any report 
        under this Act.
    (d) Other Obligations Unaffected.--Nothing in this section 
affects--
            (1) the handling, treatment, or disclosure of information 
        obtained from a stationary source under any other law;
            (2) any obligation of the owner or operator of a stationary 
        source to submit or make available information to a Federal, 
        State, or local government agency under, or otherwise to comply 
        with, any other law; or
            (3) the public disclosure of information derived from 
        documents or information described in subsection (a), so long 
        as the information disclosed--
                    (A) would not divulge methods or processes entitled 
                to protection as trade secrets in accordance with the 
                purposes of section 1905 of title 18, United States 
                Code;
                    (B) does not identify any particular stationary 
                source; and
                    (C) is not reasonably likely to increase the 
                probability or consequences of a criminal release.

SEC. 12. EMERGENCY PREPAREDNESS.

    (a) In General.--Not later than 1 year after the date of enactment 
of this Act, the Secretary and the Administrator, in consultation with 
other Federal agencies and State and local government officials 
(including local law enforcement and first responders), shall 
promulgate regulations requiring stationary sources within high 
priority categories to participate in emergency preparedness exercises, 
including ``table top'' exercises, training, drills (including 
evacuation drills), and other activities determined to be appropriate 
by the Secretary and Administrator.
    (b) Considerations.--The Secretary and Administrator shall 
structure the emergency preparedness exercises under subsection (a), 
including the contents and frequency of the exercises, based on the 
threat posed to the public by a criminal release at a stationary 
source.

SEC. 13. ASSISTANCE TO STATIONARY SOURCES.

    The Secretary, in consultation with the Administrator, shall 
establish an information clearinghouse to assist stationary sources in 
complying with this Act that includes scalable best practices for--
            (1) using methodologies for the assessment of 
        vulnerabilities, threats, and inherently safer technology;
            (2) developing prevention preparedness and response plans;
            (3) coordinating with local law enforcement, first 
        responders, and duly recognized collective bargaining 
        representatives at stationary sources, or, in the absence of 
        such a representative, other appropriate personnel;
            (4) implementing inherently safer technologies, including 
        descriptions of--
                    (A) combinations of covered sources and substances 
                of concern for which the inherently safer technologies 
                could be appropriate;
                    (B) the scope of current use and availability of 
                the technologies;
                    (C) the costs and cost savings resulting from 
                inherently safer technologies;
                    (D) technological transfer and business practices 
                that enable or encourage inherently safer technologies; 
                and
                    (E) such other information as the Secretary 
                determines to be appropriate.

SEC. 14. PROTECTION OF WHISTLEBLOWERS.

    (a) Discrimination Against Employee.--No employer may discharge any 
employee or otherwise discriminate against any employee with respect to 
compensation, terms, conditions, or privileges of employment because 
the employee (or any person acting pursuant to a request of the 
employee)--
            (1) notified the employer, the Department of Homeland 
        Security, or any other appropriate agency of Federal, State, or 
        local government of an alleged violation of this Act or of a 
        threat to the health or safety of the public relating to 
        chemical security or the improper release of any harmful 
        chemical;
            (2) refused to engage in any practice made unlawful by this 
        Act, if the employee has identified the alleged illegality to 
        the employer;
            (3) testified before Congress or at any Federal or State 
        proceeding regarding any provision of this Act or of a threat 
        to the health or safety of the public relating to chemical 
        security or the improper release of any harmful chemical;
            (4) commenced, caused to be commenced, or intends to 
        commence or cause to be commenced a proceeding under this Act, 
        or a proceeding for the administration or enforcement of any 
        requirement imposed under this Act;
            (5) testified or intends to testify in any proceeding 
        described in paragraph (4); or
            (6) assisted or participated or intends to assist or 
        participate in any manner in a proceeding described in 
        paragraph (4) or in any other action to carry out the purposes 
        of this Act.
    (b) Complaint, Filing, and Notification.--
            (1) In general.--Except as provided in subsection (g), any 
        employee who believes that such employee has been discharged or 
        otherwise discriminated against by any person in violation of 
        subsection (a) may, not later than 180 days after the date on 
        which the violation occurred, file (or have any person file on 
        behalf of such employee) a complaint with the Secretary of 
        Labor alleging such discharge or discrimination. Upon receipt 
        of such a complaint, the Secretary of Labor shall notify the 
        Secretary and the person named in the complaint of the filing 
        of the complaint.
            (2) Investigation.--
                    (A) In general.--Upon receipt of a complaint under 
                paragraph (1), the Secretary of Labor shall conduct an 
                investigation of the violation alleged in the 
                complaint.
                    (B) Completion.--Not later than 30 days after the 
                date on which the Secretary of Labor receives a 
                complaint under paragraph (1), the Secretary of Labor 
                shall--
                            (i) complete the investigation under 
                        subparagraph (A); and
                            (ii) notify the complainant (and any person 
                        acting on behalf of the complainant) and the 
                        person alleged to have committed the violation, 
                        in writing, of the results of the 
                        investigation.
                    (C) Order.--
                            (i) In general.--Except as provided in 
                        clause (ii), not later than 90 days after the 
                        date on which the Secretary of Labor receives a 
                        complaint under paragraph (1), the Secretary of 
                        Labor shall issue an order that provides the 
                        relief prescribed by paragraph (3) or denies 
                        the complaint.
                            (ii) Exception.--Clause (i) shall not apply 
                        to a proceeding on a complaint described in 
                        clause (i) that is terminated by the Secretary 
                        of Labor on the basis of a settlement entered 
                        into by the Secretary of Labor and the person 
                        alleged to have committed the violation of this 
                        section. The Secretary of Labor may not enter 
                        into a settlement terminating a proceeding on a 
                        complaint without the participation and consent 
                        of the complainant.
                            (iii) Procedure.--An order of the Secretary 
                        of Labor under this subparagraph shall be made 
                        on the record after notice and opportunity for 
                        public hearing. Upon the conclusion of the 
                        hearing and the issuance of a recommended 
                        decision that the complaint has merit, the 
                        Secretary of Labor shall issue a preliminary 
                        order providing the relief prescribed in 
                        paragraph (3), but may not order compensatory 
                        damages, pending a final order.
            (3) Relief.--
                    (A) In general.--If the Secretary of Labor 
                determines that a violation of subsection (a) alleged 
                in a complaint under paragraph (1) of this subsection 
                has occurred, the Secretary of Labor shall order the 
                person who committed the violation to--
                            (i) take affirmative action to abate the 
                        violation; and
                            (ii) reinstate the complainant to the 
                        former position of such complainant, together 
                        with the compensation (including back pay), 
                        terms, conditions, and privileges of the 
                        employment of such complainant.
                    (B) Compensatory damages.--If the Secretary of 
                Labor determines that a violation of subsection (a) 
                alleged in a complaint under paragraph (1) of this 
                subsection has occurred, the Secretary of Labor may 
                order the person who committed the violation to provide 
                compensatory damages to the complainant.
                    (C) Costs and expenses.--If an order is issued 
                under this paragraph, the Secretary of Labor, at the 
                request of the complainant, shall assess against the 
                person against whom the order is issued a sum equal to 
                the aggregate amount of all costs and expenses 
                (including attorneys' and expert witness fees) 
                reasonably incurred by the complainant for, or in 
                connection with, the bringing of the complaint upon 
                which the order was issued, as determined by the 
                Secretary of Labor.
                    (D) Required finding.--The Secretary of Labor may 
                determine that a violation of subsection (a) has 
                occurred only if the complainant has demonstrated that 
                any conduct described in paragraphs (1) through (6) of 
                subsection (a) was a contributing factor in the 
                unfavorable personnel action alleged in the complaint.
    (c) Dismissal.--
            (1) In general.--The Secretary of Labor shall dismiss a 
        complaint filed under subsection (b)(1), and shall not conduct 
        the investigation required under subsection (b)(2), if the 
        complainant has failed to make a prima facie showing that any 
        conduct described in paragraphs (1) through (6) of subsection 
        (a) was a contributing factor in the unfavorable personnel 
        action alleged in the complaint.
            (2) Other basis for action.--Notwithstanding a finding by 
        the Secretary of Labor that the complainant has made the 
        showing required by paragraph (1), the Secretary of Labor shall 
        dismiss a complaint filed under subsection (b)(1), and shall 
        not conduct the investigation required under subsection (b)(2), 
        if the employer demonstrates, by clear and convincing evidence, 
        that the employer would have taken the same unfavorable 
        personnel action in the absence of the conduct described in 
        paragraph (1) of this subsection.
    (d) District Court Review.--If, by the date that is 1 year after 
the date on which a complaint was filed under subsection (b)(1), the 
Secretary of Labor has not issued a final decision regarding the 
complaint and there is no showing that the delay is due to the bad 
faith of the complainant, the complainant may bring an action at law or 
equity for de novo review in an appropriate United States district 
court, which shall have jurisdiction over such an action without regard 
to the amount in controversy.
    (e) Review by Court of Appeals.--
            (1) In general.--Any person adversely affected or aggrieved 
        by an order issued under subsection (b) or (c) may obtain 
        review of the order in the United States court of appeals for 
        the circuit in which the violation alleged in the complaint 
        occurred.
            (2) Timing.--A petition for review under paragraph (1) 
        shall be filed not later than 60 days after the date on which 
        the order described in paragraph (1) is issued.
            (3) Procedures.--The procedures under chapter 7 of title 5, 
        United States Code shall apply to any review under this 
        subsection.
            (4) Stays.--Unless ordered by the court, the commencement 
        of proceedings under this subsection shall not operate as a 
        stay of the order of the Secretary of Labor.
            (5) Exclusivity.--An order of the Secretary of Labor with 
        respect to which review could have been obtained under 
        paragraph (1) shall not be the subject of judicial review in 
        any criminal or other civil proceeding.
    (f) Enforcement.--
            (1) By the secretary of labor.--
                    (A) In general.--If a person has failed to comply 
                with an order issued under subsection (b)(2)(C), the 
                Secretary of Labor may file a civil action in the 
                United States district court for the district in which 
                the violation occurred to enforce the order.
                    (B) Scope of relief.--In an action brought under 
                this paragraph, the United States district court may 
                grant all appropriate relief, including injunctive 
                relief, compensatory and exemplary damages.
            (2) Other enforcement.--
                    (A) In general.--Not earlier than the date that is 
                90 days after an order was issued under subsection 
                (b)(2)(C), any person on whose behalf the order was 
                issued may commence a civil action against the person 
                to whom the order was issued in any appropriate United 
                States district court to require compliance with the 
                order.
                    (B) Jurisdiction.--The United States district court 
                shall have jurisdiction, without regard to the amount 
                in controversy or the citizenship of the parties, to 
                enforce an order described in subparagraph (A).
                    (C) Scope of relief.--In an action brought under 
                this paragraph, the United States district court may 
                award costs of litigation (including reasonable 
                attorney and expert witness fees).
            (3) Mandamus.--Any nondiscretionary duty imposed under this 
        section shall be enforceable in a mandamus proceeding under 
        section 1361 of title 28, United States Code.
    (g) Deliberate Violations.--Subsection (b)(1) shall not apply with 
respect to any employee who, acting without direction from the employer 
of such employee, deliberately causes a violation of any requirement of 
this Act.
    (h) Nonpreemption.--Nothing in this section expands, preempts, 
diminishes, or otherwise affects any right otherwise available to an 
employee under Federal, State, or local law or any collective 
bargaining agreement to redress the discharge of such employee or other 
discriminatory action taken by the employer against such employee.
    (i) Whistleblower Information.--
            (1) DHS.--The Secretary, in consultation with the Secretary 
        of Labor, shall establish and publicize information regarding 
        mechanisms (including a hotline and a website) through which 
        any person (including an employee, individual residing near a 
        stationary source, first responder, and local official) may 
        report an alleged violation of this Act, a threat to the health 
        or safety of the public relating to chemical security or the 
        improper release of any harmful chemical, or other such 
        information.
            (2)  Posting requirement.--The provisions of this section 
        shall be prominently posted in any place of employment to which 
        this Act applies.
    (j) Investigation of Allegations.--
            (1) In general.--The Secretary shall not delay taking 
        appropriate action with respect to an allegation of a 
        substantial safety hazard on the basis of--
                    (A) the filing of a complaint under subsection 
                (b)(1) arising from the allegation; or
                    (B) any investigation by the Secretary of Labor, or 
                other action, under this subsection in response to a 
                complaint under subsection (b)(1).
            (2) Effect of determination.--A determination by the 
        Secretary of Labor under this section that a violation of 
        subsection (a) has not occurred shall not be considered by the 
        Secretary in determining whether a substantial safety hazard 
        exists.

SEC. 15. REGULATIONS.

    (a) Coordination With Existing Law.--In promulgating regulations 
and establishing enforcement procedures under this Act, the Secretary, 
in consultation with the Administrator, shall, to the extent 
practicable and to the extent such requirements meet or exceed the 
requirements of this Act, minimize duplication of the requirements for 
risk assessments and response plans under chapter 701 of title 46, 
United States Code (commonly known as ``the Maritime Transportation 
Security Act''), the Clean Air Act (42 U.S.C. 7401 et seq.), and other 
Federal law.
    (b) Promulgation of Additional Regulations.--In addition to any 
regulations required under this Act, the Secretary and the 
Administrator may promulgate such regulations as are necessary to carry 
out this Act.

SEC. 16. NO EFFECT ON REQUIREMENTS UNDER OTHER LAW OR AGREEMENTS.

    Nothing in this Act affects any duty or other requirement imposed 
under any other Federal, State, or local law or any collective 
bargaining agreement.

SEC. 17. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to the Secretary and the 
Administrator such sums as are necessary to carry out this Act, to 
remain available until expended.
                                 <all>