[Congressional Record Volume 152, Number 38 (Thursday, March 30, 2006)]
[Senate]
[Pages S2604-S2612]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




          STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

      By Ms. LANDRIEU (for herself and Mr. Kerry):
  S. 2482. A bill to authorize funding for State-administered bridge 
loan programs, to increase the access of small businesses to export 
assistance center services in areas in which the President declared a 
major disaster as a result of Hurricane Katrina of 2005, Hurricane Rita 
of 2005, or Hurricane Wilma of 2005, to authorize additional disaster 
loans, to require reporting regarding the administration of the 
disaster loan programs, and for other purposes; to the Committee on 
Small Business and Entrepreneurship.
  Ms. LANDRIEU. Mr. President, I come to the floor with my ranking 
member and leader on this issue, Senator John Kerry of Massachusetts, 
to speak for a few moments about a bill the two of us are going to 
introduce today, the Gulf Coast Open for Business Act of 2006, by 
Senators Landrieu, Kerry and others. Let me first commend my colleague 
and thank him for joining me here today. He will be giving more details 
about the act, which he has worked with my staff and others to craft, 
so let me add some personal perspective.
  I stand here again, on behalf of the people of Louisiana, and the 
whole gulf coast, who have just been devastated by the two most 
powerful storms to ever hit the United States in recorded history, and 
as you yourself know, because you were down in the gulf and have been a 
frequent champion for our cause. It is still hard, though, to describe 
to our colleagues the current situation there. Not only were these two 
hurricanes quite powerful, at some point category 4 and 5, which are 
killer storms, but just as devastating was the flooding that ensued by 
the collapse of the Federal levee system--a collapse because of 
inadequate engineering. Both the hurricanes and the flooding have 
literally devastated a major metropolitan area which sits in the heart 
of America's only energy coast, the gulf coast, and has been 
devastating to large and small businesses alike. We are here today to 
talk about our small businesses and their struggle for survival. They 
are indeed the backbone of our economic recovery.
  We have first focused on levees, appropriately, and gulf coast 
restoration efforts, without which no recovery will be possible. We 
have also tried to struggle keeping children in school, keeping 
families sheltered, literally from the elements in temporary housing, 
when we think 7 months on after Katrina and Rita, recovery is going to 
start with our small businesses.
  As I mentioned, yesterday marked the seven month anniversary of 
Hurricane Katrina. Katrina was the most destructive hurricane ever to 
hit the United States. The next month, in September, Hurricane Rita hit 
the Louisiana and Texas coast. It was the second most powerful 
hurricane ever to hit the United States, wreaking havoc on the 
southwestern part of my state and the east Texas coast. This one-two 
punch devastated Louisiana lives, communities and jobs, stretching from 
Cameron Parish in the west to Plaquemines Parish in the east.
  We are now rebuilding our State and the wide variety of communities 
that were devastated by Rita and Katrina, areas representing a diverse 
mix of population, income and cultures. We hope to restore the region's 
uniqueness and its greatness. To do that, we need to rebuild our local 
economies for now and far into the future.
  Before last year's storms, Louisiana had 86,000 small businesses, 
employing over 850,000 people. Their annual payroll was $21.9 billion.
  My State estimates that there were 71,000 businesses in the Katrina 
and Rita disaster zones. A total of 18,752 of these businesses 
catastrophically destroyed. However, on a wider scale, according to the 
U.S. Chamber of Commerce, over 125,000 small and medium-sized 
businesses in the gulf region were disrupted by Katrina and Rita. As of 
this month, local chambers of commerce report that as many as two-
thirds of their members had not resumed business operations. We will 
never succeed without these small businesses. They will be the key to 
the revitalization. I am here with my colleague to say that the regular 
approach, the standard operation, the mousetrap that we created to 
handle past disasters is simply not sufficient.
  Some of the people who work for the Small Business Administration and 
FEMA are terrific. You could not find better human beings on the face 
of the Earth. But it is not the individual human beings who are lacking 
here; it is the system that is insufficient and inadequate to the task.
  Senator Kerry and I come to the floor today to speak about this bill 
that will create new models, create enhanced help from the Federal 
Government so that the businesses in Louisiana can at least be met 
halfway in their struggle to get their roofs back on, their inventories 
back in supply, and new markets opened up, since the markets around 
them have collapsed. The communities they served and hold to are in 
some cases destroyed, in others dispersed across the country. If we 
don't help them now, building a strong gulf coast will be all the more 
difficult without our small businesses.
  After talking to the business leaders and small businesses in my 
State, there are three things that they need right now: technical 
assistance, contracting assistance, and assistance with SBA disaster 
loans. For example, many of our small businesses need help navigating 
the SBA assistance programs or, with much of their customer base in 
other States, others are now looking overseas for new markets. Our bill 
includes a provision to waive the $100,000 cap on portability grants to 
SBDCs and allows SBDCs to receive these grants for disaster relief. Our 
bill also contains funds for the SBA to create a gulf coast 
international finance specialist, based in the gulf, who would provide 
essential technical assistance for small businesses looking for export 
financing.
  It is vital to the economic recovery in Louisiana that our small 
businesses are given the opportunity to take part in the reconstruction 
of their State. Our businesses want to help rebuild their communities, 
but continue to have trouble getting Federal recovery contracts and 
keep getting mixed signals from FEMA.
  With these facts in mind, our bill sets a small business prime 
contracting goal of 30 percent for Federal emergency contracts to 
rebuild the affected areas. This is to ensure that small businesses, 
particularly those located in the disaster area and that employ 
individuals in the affected areas, should receive a fair share of 
Federal contracting dollars. Our bill also makes the disaster areas 
eligible for HUBZones status to promote business growth.
  Our businesses are struggling to deal with the SBA bureaucracy. Too 
often, when they get action on their loan application, it is a letter 
of rejection rather than a check.
  The SBA has repeatedly touted how it has staffed up and increased its 
loan

[[Page S2605]]

processing productivity in recent months. They even cite record loan 
approvals in the gulf. But recent numbers show it is still taking the 
SBA 104 days to process and close on a business application. That is 
time many struggling businesses that are holding on by their 
fingernails in a challenging environment simply do not have.
  Many times, when businesses are approved for an SBA loan, they find 
the terms and conditions to be unduly burdensome. Some are put in the 
position of having to make payments while they take care of expenses 
they have incurred for the months they spent waiting for the loan.
  Our bill provides substantive relief to small businesses in the 
disaster areas by allowing them to defer repayment of disaster loans 
for 1 year from the time they received the loan. This will give them 
time to resume operations and build back a customer base as displaced 
residents gradually return home. Our bill also increases the SBA's 
disaster mitigation loan amounts so that borrowers can more effectively 
invest in products such as sea walls or storm shutters, that mitigate 
against damage from future disasters.
  It is important to not only address our current needs from past 
hurricanes but to also look ahead to the next hurricane season--which 
is only 63 days away. I am concerned that the SBA has not incorporated 
`lessons learned' from recent storms. I am concerned that they remain 
unprepared for what may be another active hurricane season--if not in 
my State then perhaps in other coastal States in 2007.
  One provision included in our bill is a requirement that the SBA 
submit to Congress a detailed proactive disaster response plan by June 
1, 2006, the start of the 2006 Atlantic hurricane season. I want to 
make sure the SBA is ready to respond should that become necessary.
  As we reflect on the 7-month anniversary of the worst natural 
disaster to hit our Nation, now is the time for action--not words or 
empty promises. Today, right here in the Senate, is a time for fresh 
ideas and fiscally responsible plans to help our small businesses 
rebuild.
  I urge my colleagues to support this important legislation.
  With that, I turn the floor over to Senator Kerry who will go into 
additional detail about the Gulf Coast Open for Business Act. I thank 
him for his leadership, not only for this week but since the week of 
the storm. Our chairwoman, Senator Snowe along with Senator Kerry, have 
focused a great deal of their own efforts from outside of our region to 
help our small businesses. I commend them for their continued efforts 
and, along with my fellow Senator from Louisiana, Mr. Vitter, look 
forward to working with them in the coming months to give our small 
businesses the help they need so that they may rebuild and prosper once 
again.
  The PRESIDING OFFICER. The Senator from Massachusetts is recognized.
  Mr. KERRY. Mr. President, first of all, I thank the Senator from 
Louisiana. She has been terrific to work with on this issue, but, more 
important, she is absolutely tenacious with respect to the recovery 
issues in her State. I think she has offered tremendous leadership in 
the Senate on a constant basis. On almost every bill that comes 
through, she has fought to find a way to assist with the recovery. It 
has been a pleasure to work with her. I know she has to go to another 
meeting. I am pleased to join with her in introducing this legislation 
today.
  Senator Landrieu has tried to spread the word that New Orleans has 
plenty to offer, that people should not be scared away by negative 
press reports but instead be looking for opportunities to help rebuild 
one of our greatest cities.
  According to the U.S. Chamber of Commerce, more than 125,000 small 
and medium sized businesses were disrupted or destroyed by the 
hurricanes. It's been seven months since the Gulf was hit by the 
hurricanes, and it is time to take a look at the long-term needs of 
businesses in the region if we are going to truly foster an economic 
recovery.
  It is well known, the SBA's disaster loan program has done an abysmal 
job of getting out capital to businesses and homeowners over the past 
seven months, still with almost 80,000 applications to be processed out 
of 400,000 applications submitted. To help clear out the backlog, this 
bill enlists the agency's private-sector lending partners to help 
process loans. They are experienced SBA lenders, and in exchange for 
their expertise, SBA would pay them a fee to process loans. This is 
much faster than building a separate infrastructure of lenders, losing 
time to train them, when the experience and infrastructure already 
exists. Along with the American Bankers Associations, we urged the SBA 
back in November to enlist the agency's private-sector lending partners 
to help process loans. SBA refused, saying they had a better idea. That 
idea failed. With this bill, SBA can increase processing, get small 
businesses their loans faster, and local lenders can participate in the 
recovery of their communities.
  We also identified a need for export assistance. There is an 
interesting phenomenon occurring right now as a result of Katrina. 
Companies from around the globe, having witnessed the tragedy of New 
Orleans, are trying to reach out to businesses along the Gulf Coast. 
For companies that had already established relationships overseas, this 
has meant big bucks. Many smaller businesses, however, don't have those 
relationships and are struggling to take advantage of these new 
international opportunities. The U.S. Export Assistance Centers, or 
USEACs, are ready and willing to help, and they are a tremendous 
resource for businesses looking to branch into foreign markets. But the 
problem is that the Small Business administration doesn't have an 
employee in the New Orleans USEAC to help direct businesses to the 
financing programs that they need. Senator Landrieu and I recognize 
that this is because the SBA's international trade resources are 
stretched too thinly, so we are authorizing extra funds for the SBA to 
use in hiring an employee for the New Orleans USEAC.
  Shortly after Hurricane Katrina hit, Small Business Development 
Centers across the country decided to devote all the funds in the 
portability grant program, which is designed to help communities 
recover after suffering significant job losses, to helping the Gulf 
Coast SBDCs. Not only did the SBDC community sacrifice money to help 
their colleagues in the Gulf, they tried to volunteer employees and 
other resources. Unfortunately, the good intentions of the SBDC network 
were stopped by legal technicalities. Limitations on the amount of 
money a State could get for a portability grant and restrictions on 
SBDC employees working outside of their State hampered recovery 
efforts. Senator Landrieu and I were disturbed to hear of these 
problems, and with our legislation today we will correct these problems 
so that bureaucracy isn't preventing the Gulf Coast recovery.
  This bill also focuses on contracting opportunities for small 
businesses. The full participation of this Nation's small businesses, 
particularly those in and around the affected region, in the rebuilding 
effort is essential to the long-term success of the region's economy. 
New Orleans, in particular, was a city built on a foundation of small 
business and they will be the driving force behind its rebuilding.
  Unfortunately, not enough is being done to ensure this participation. 
Just last week, I sent a letter to FEMA about their failure to award 
approximately $1.5 billion in relief, recovery, and rebuilding 
contracts to small businesses. They told Senator Landrieu and me, and 
the other members of the Small Business Committee in November that they 
would award those contracts by February 1. We were disappointed that it 
would be another four months to get those funds to small businesses 
that desperately needed the work, but we were even more appalled when 
the deadline came and went, with no action from FEMA.
  Thus, this legislation has a number of provisions to help small 
businesses in the disaster areas compete for Federal contracts in the 
short term and in any future disaster recovery effort.
  This bill would make the declared disaster areas an Historically 
Underutilized Business Zone (HUBZone). This would give a preference to 
small businesses in the disaster zone when they bid on Federal 
contracts.
  To help jumpstart the local economies affected by Hurricanes Katrina 
and Rita and Wilma, the bill requires the Federal Government to award 
30 percent of prime contracts and 40 percent of subcontract dollars 
spent on

[[Page S2606]]

disaster relief, recovery or reconstruction in the four affected States 
to be awarded to small businesses. Small businesses performing work in 
the area are more likely to turn over Federal dollars in the local 
economy, reinvigorating the local economy. The provision also includes 
a requirement of a weekly small business utilization report from the 
Gulf Coast region.
  The bill includes a change to the Stafford Act, requiring that 10 
percent of immediate disaster recovery contracts, such as debris 
removal, distribution of supplies, and reconstruction are awarded to 
firms located in or near an area designated as a federal disaster area 
by the President. This will put more local people back to work and help 
a region's economic recovery after a disaster.
  This legislation will increase access for small businesses seeking 
contracting opportunities but limited by their ability to get bonded. 
Expanding access to bonding will increase small business participation, 
but will also protect the Federal Government from significant cost 
overruns and lack of performance in a contract.
  Mr. President, 43 percent of businesses that close following a 
disaster never reopen, and an additional 29 percent of businesses close 
down permanently within two years of a natural disaster. It's been 
seven months, but we still have a chance to make a difference and 
mitigate bankruptcies and foster the startup and growth of new small 
businesses to rebuild the Gulf region. I hope that my colleagues and 
the administration will give this bill consideration and not repeat the 
past months of obstruction that have hurt local small businesses and 
homeowners. It is inexcusable that the bipartisan bill we put forward 
with Senators Snowe and Vitter in September has been stalled.
  I thank my colleague Senator Landrieu for her leadership and look 
forward to traveling with her soon to Louisiana to visit with 
businesses and families that still need our help.
                                 ______
                                 
      Mr. ENSIGN (for himself, Mr. Vitter, and Mr. Isakson):
  S. 2483. A bill to establish a Law Enforcement Assistance Force in 
the Department of Homeland Security to facilitate the contributions of 
retired law enforcement officers during major disasters; to the 
Committee on Homeland Security and Governmental Affairs.
  Mr. ENSIGN. Mr. President, the hours immediately following a disaster 
are critical to rescue and recovery efforts. Local law enforcement is 
often overburdened and staff is spread thin. As we saw in New Orleans, 
a lack of police presence can result in chaos and disorder which can 
affect the ability of first responders to conduct rescue operations.
  In the immediate aftermath of Hurricane Katrina, volunteer first 
responders from throughout the country went to New Orleans and Biloxi 
to assist local law enforcement. Unfortunately, many of these 
volunteers encountered red tape that left them frustrated and idle 
rather than using their expertise to aid efforts.
  Because there is a desire from retired police officers to offer their 
experience and expertise in times of crisis, today, along with my 
colleague Senator Vitter, I will be introducing the Law Enforcement 
Assistance Force Act to assist local law enforcement.
  The Law Enforcement Assistance Force Act would allow a retired law 
enforcement officer, whose certifications are current, to apply to the 
Secretary of Homeland Security to serve in the force. These retired 
police officers would be detailed to Federal, State, or local 
government law enforcement agencies to assist in the event of a major 
disaster. They would work under the direct supervision of existing law 
enforcement agencies and would be deputized and certified to perform 
the duties of a law enforcement agent. The force would serve as 
temporary first responders to supplement local efforts in search and 
rescue efforts as well as in protecting public safety. These retired 
officers have the skills to save lives and we should empower them to do 
so.
  At a time of emergency when we should be tapping into all available 
resources, we cannot ignore the expertise of retired law enforcement 
officers who still have the ability and willingness to help those in 
need. We should take advantage of the fact that retired officers 
possess a wealth of talent and experience in dealing with emergency 
situations. Their assistance can save lives and contribute greatly to 
our communities.
                                 ______
                                 
      Mr. LAUTENBERG (for himself, Mr. Obama, Mr. Kerry, Mr. Menendez, 
        Mr. Durbin, and Mr. Biden):
  S. 2486. 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; to 
the Committee on Homeland Security and Governmental Affairs.
  Mr. LAUTENBERG. Mr. President, I rise today to introduce the Chemical 
Security and Safety Act, a bill to protect our communities and citizens 
from terrorism. This measure is cosponsored by Senators Obama, Kerry, 
Menendez, Durbin, and Biden.
  All of our States have a significant number of industrial facilities 
that manufacture or use chemicals. And we are all concerned about the 
potential of terrorist attacks on these facilities, which could 
threaten millions of lives.
  I have advocated stronger security measures for chemical facilities 
for years. We needed better security at our chemical facilities even 
before 9/11--and that need is even more urgent today. Richard 
Falkenrath, a former top presidential advisor on homeland security, has 
said, ``I am aware of no other category of potential terrorist targets 
that presents as great a danger'' as chemical facilities.
  There are about 15,000 chemical manufacturers and storage facilities 
nationwide, including about 110 in heavily populated areas. The 
greatest area of vulnerability is in South Kearney, NJ, where 12 
million people live in proximity to the Kuehne Chemical plant. A 
chemical catastrophe at this facility could endanger the life and 
health of people caught in the path of the prevailing winds.
  The State of New Jersey has taken strong action to protect its 
citizens from this threat. Last year, New Jersey required that chemical 
facilities adopt a practice known as inherently safer technology. That 
means exactly what it says--if products can be manufactured using safer 
chemicals, then factories must do so.
  But last week, the Bush administration sent a signal that it wants to 
override the right of States to require inherently safer technology. 
Basically, the administration wants to trust chemical facilities to 
protect the American people.
  This approach is wrong, and it is a timid response to a dangerous 
threat. Trusting large corporations to do the right thing didn't work 
with Enron--and it won't protect the American people from a chemical 
catastrophe.
  The Chemical Security and Safety Act offers real protection from a 
chemical catastrophe. It will require every chemical facility in the 
Nation to adopt inherently safer technology. It will protect the rights 
of States to enact tough chemical security standards to protect their 
citizens. It will improve physical security at chemical plants, with a 
requirement for stronger perimeter barriers. And it will establish 
whistleblower protections for employees who expose security risks at 
chemical facilities, and guarantee that workers have a role in securing 
the safety of facilities.
  This is a strong, comprehensive approach. Some might say it goes too 
far. But as someone whose State lost 700 people on 9/11, I don't think 
we can ever go too far in protecting the American people from a 
terrorist attack on a chemical facility.
  We have waited long enough. We need to take action now to protect the 
American people from a chemical catastrophe. I hope all of my 
colleagues will support the Chemical Security and Safety Act.
  I ask unanimous consent that the text of the Chemical Security and 
Safety Act be printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 2486

       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''.

[[Page S2607]]

     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

[[Page S2608]]

       (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;

[[Page S2609]]

       (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.

[[Page S2610]]

       (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

[[Page S2611]]

     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.
  Mr. OBAMA. Mr. President, I want to thank Senator Lautenberg, who has 
been a leader on chemical plant security for more than 20 years. He 
first introduced chemical safety legislation in 1985 and is an expert 
on the issue. I am proud to join him in introducing this bill.
  The dangers that chemical plants present to our homeland security 
have been well documented. Industrial chemicals, such as chlorine, 
ammonia, phosgene, methyl bromide, hydrochloric and various other acids 
are routinely stored near cities in multi-ton

[[Page S2612]]

quantities. These chemicals are extremely hazardous and identical to 
those used as weapons during the First World War.
  Today, there are 111 facilities in the country where a catastrophic 
chemical release could threaten more than 1 million people. These 
plants represent some of the most attractive targets for terrorists 
looking to cause widespread death and destruction.
  Despite this, security at our chemical plants is voluntary--left to 
the individual plant owners. While many chemical plant owners have 
taken steps to beef up security, too many have not. In Illinois, there 
have been recent reports by ABC-7 in Chicago of chemical plants with 
dilapidated fences, insufficient guard forces, and unprotected tanks of 
hazardous chemicals. These plants are basically stationary weapons of 
mass destruction. Their security is light, their facilities are easily 
entered, and their contents are deadly.
  Nearly five years after September 11, the Federal Government has done 
virtually nothing to secure chemical plants. It is one of the great 
failures of this administration that needs to be addressed this year.
  The Lautenberg-Obama bill is a huge step forward. It protects our 
communities in a responsible, but balanced way. There are features of 
this bill that should be a part of any chemical security legislation 
passed by this Congress.
  Our legislation is risk-based. While all chemical facilities would 
have to take a number of concrete steps to improve security, only the 
highest-risk facilities would be subject to bill's strictest scrutiny 
and regulation by the Department of Homeland Security. These high-
priority facilities would have to perform vulnerability assessments, 
develop prevention and response plans, submit to unscheduled 
inspections, and perform practice drills.
  Our legislation is strict, but fair. Our bill replaces volunteer 
security standards with clearly defined Federal duties and regulations. 
While plant owners would not be able to substitute their own security 
standards, they would be able to come up with security plans that are 
tailored to each facility. And while the bill includes tough penalties 
for noncompliant facilities including strict fines and the threat of 
shutting down plants, it also minimizes duplicative requirements under 
other Federal laws.
  The Lautenberg-Obama bill also protects state and local rights to 
establish security standards that match their local needs. States like 
New Jersey have been leaders in chemical security, and we do not want 
to cut these efforts off at the knees. The legislation also gives 
employees a seat at the table, by creating employee security 
committees, ensuring that employees are part of the security planning 
process, establishing security training requirements, and establishing 
tough whistleblower protections.
  Our bill also includes all the methods to reduce risk. Our 
legislation requires security forces, perimeter defenses, hazard 
mitigation and emergency response. These are the ``guns, gates and 
guards'' that prevent terrorists from attacking plants and minimize the 
impact of an attack. But there are other ways to reduce risk that need 
to be part of the equation. Specifically, by employing safer 
technologies, we can reduce the attractiveness of chemical plants as a 
target.
  This concept, known as Inherently Safer Technology, involves methods 
such as changing the flow of chemical processes to avoid dangerous 
chemical byproducts, reducing the pressures or temperatures of chemical 
reactions to minimize the risk of explosions, reducing inventories of 
dangerous chemicals and replacing dangerous chemicals with benign ones. 
Each one of these methods reduces the danger that chemical plants pose 
to our communities and makes them less appealing targets for 
terrorists.
  The concept of IST was created thirty years ago by chemical industry 
insiders, and it has been embraced at different times by the Department 
of Homeland Security, the Department of Justice, the Environmental 
Protection Agency, foreign governments and states like New Jersey. Even 
the chemical industry itself has embraced IST, and many facilities 
across the country have already employed safer technologies.
  Unfortunately, the chemical industry has been lobbying nonstop on 
this bill. They do not want IST, they do not want protection of state 
laws and they do not want strict regulations. So far, because the 
industry wields so much influence in Washington, it's been getting its 
way. For example, the Department of Homeland Security initially 
embraced the concept of Inherently Safer Technology in a 2004 draft 
chemical security plan, only to reverse itself after heavy industry 
lobbying in 2006. Secretary Chertoff's announcement last week, in front 
of an audience of chemical industry executives, very closely tracked 
the industry's talking points.
  This is wrong. We cannot allow chemical industry lobbyists to dictate 
the terms of this debate. We cannot allow our security to be hijacked 
by corporate interests.
  Senator Lautenberg and I will fight for strong legislation to pass 
the Senate. We believe that we can work with chemical plants so that 
new safety regulations are implemented in a way that is flexible enough 
for the industry yet stringent enough to protect the American people. I 
urge my colleagues to come together to pass meaningful security 
legislation this year.

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