Not later than 180 days after December 18, 2014, the Secretary shall establish, and provide information to the public regarding, a procedure under which any employee or contractor of a chemical facility of interest may submit a report to the Secretary regarding a violation of a requirement under this subchapter.
The Secretary shall keep confidential the identity of an individual who submits a report under paragraph (1) and any such report shall be treated as a record containing protected information to the extent that the report does not consist of publicly available information.
If a report submitted under paragraph (1) identifies the individual making the report, the Secretary shall promptly respond to the individual directly and shall promptly acknowledge receipt of the report.
The Secretary-
If, upon the review described in paragraph (4), the Secretary determines that a violation of a provision of this subchapter, or a regulation prescribed under this subchapter, has occurred, the Secretary may-
The action of the Secretary under paragraph (4) shall be in a written form that-
After taking action under paragraph (4), the Secretary shall provide for review of the action if a petition for review is filed within 20 calendar days of the date of issuance of the order for the action.
If a petition for review of an action is filed under subparagraph (C) and the review under that subparagraph is not completed by the end of the 30-day period beginning on the date the petition is filed, the action shall cease to be effective at the end of such period unless the Secretary determines, in writing, that the violation providing a basis for the action continues to exist.
An owner or operator of a chemical facility of interest or agent thereof may not discharge an employee or otherwise discriminate against an employee with respect to the compensation provided to, or terms, conditions, or privileges of the employment of, the employee because the employee (or an individual acting pursuant to a request of the employee) submitted a report under paragraph (1).
An employee shall not be entitled to the protections under this section if the employee-
Nothing in this subchapter shall be construed to limit the right of an individual to make any disclosure-
The Secretary, in partnership with industry associations and labor organizations, shall make publicly available both physically and online the rights that an individual who discloses information, including security-sensitive information, regarding problems, deficiencies, or vulnerabilities at a covered chemical facility would have under Federal whistleblower protection laws or this subchapter.
All information contained in a report made under this subsection (a) 1 shall be protected in accordance with section 623 of this title.
1 So in original.
6 U.S.C. § 625
Termination of SectionFor termination of section by section 5 of Pub. L. 113-254 see Effective and Termination Dates note below.
STATUTORY NOTES AND RELATED SUBSIDIARIES
EFFECTIVE AND TERMINATION DATESSection effective on the date that is 30 days after Dec. 18, 2014, and authority provided under this section to terminate on July 27, 2023, see sections 4(a) and 5 of Pub. L. 113-254 set out as notes under section 621 of this title.
- Secretary
- The term "Secretary" means the Secretary of Homeland Security.
- State
- The term "State" means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, and any possession of the United States.
- Agency
- the term "Agency" means the Federal Emergency Management Agency;