; and (B) include procedures consistent with section 70105(c) of title 46, United States Code, including all rights to— (i) hearings before an administrative law judge; (ii) scope of review; and (iii) a review of an unclassified summary of classified evidence equivalent to the summary provided in part 1515 of title 49, Code of Federal Regulations. (2) Determination by the Secretary In making a determination described under paragraph (1)(A), the Secretary shall— (A) give consideration to the circumstance of any disqualifying act or offense, restitution made by the individual, Federal and State mitigation remedies, and other factors from which it may be concluded that the individual does not pose a security risk to the covered chemical facility; and (B) determine whether the individual poses a security risk to the covered chemical facility to the petitioner and to the owner or operator of the covered chemical facility. (3) Owner or operator reconsideration If the Secretary determines under paragraph (1)(A) that the individual does not pose a security risk to the covered chemical facility, it shall be a prohibited misrepresentation for the owner or operator of the covered chemical facility to continue to attribute the adverse employment decision to the regulations under subsection (b)(1). (f) Restrictions on use and maintenance of information Information obtained under this section by the Secretary or the owner or operator of a covered chemical facility— (1) may not be made available to the public; (2) may not be accessed by an employee of the covered chemical facility, except for an employee who is directly involved with collecting the information or conducting or evaluating security background checks; (3) shall be maintained confidentially by the covered chemical facility and the Secretary; (4) shall be used only for making determinations under this section