6 Usc 621

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SUBCHAPTER XVI—CHEMICAL FACILITY
ANTI-TERRORISM STANDARDS
TERMINATION OF SUBCHAPTER
For termination of subchapter by section 5 of
Pub. L. 113–254, see Effective and Termination
Dates note set out under section 621 of this title.
§ 621. Definitions
In this subchapter—
(1) the term ‘‘CFATS regulation’’ means—
(A) an existing CFATS regulation; and
(B) any regulation or amendment to an existing CFATS regulation issued pursuant to
the authority under section 627 of this title;
(2) the term ‘‘chemical facility of interest’’
means a facility that—
(A) holds, or that the Secretary has a reasonable basis to believe holds, a chemical of
interest, as designated under Appendix A to
part 27 of title 6, Code of Federal Regulations, or any successor thereto, at a threshold quantity set pursuant to relevant riskrelated security principles; and
(B) is not an excluded facility;
(3) the term ‘‘covered chemical facility’’
means a facility that—
(A) the Secretary—
(i) identifies as a chemical facility of interest; and
(ii) based upon review of the facility’s
Top-Screen, determines meets the risk criteria developed under section 622(e)(2)(B)
of this title; and
(B) is not an excluded facility;
(4) the term ‘‘excluded facility’’ means—
(A) a facility regulated under the Maritime Transportation Security Act of 2002
(Public Law 107–295; 116 Stat. 2064);
(B) a public water system, as that term is
defined in section 300f of title 42;
(C) a Treatment Works, as that term is defined in section 1292 of title 33;
(D) a facility owned or operated by the Department of Defense or the Department of
Energy; or
(E) a facility subject to regulation by the
Nuclear Regulatory Commission, or by a
State that has entered into an agreement
with the Nuclear Regulatory Commission
under section 2021(b) of title 42 to protect
against unauthorized access of any material,
activity, or structure licensed by the Nuclear Regulatory Commission;
(5) the term ‘‘existing CFATS regulation’’
means—
(A) a regulation promulgated under section 550 of the Department of Homeland Security Appropriations Act, 2007 (Public Law
109–295; 6 U.S.C. 121 note) that is in effect on
the day before December 18, 2014; and
(B) a Federal Register notice or other published guidance relating to section 550 of the
Department of Homeland Security Appropriations Act, 2007 that is in effect on the
day before December 18, 2014;
(6) the term ‘‘expedited approval facility’’
means a covered chemical facility for which

§ 621

the owner or operator elects to submit a site
security plan in accordance with section
622(c)(4) of this title;
(7) the term ‘‘facially deficient’’, relating to
a site security plan, means a site security plan
that does not support a certification that the
security measures in the plan address the security vulnerability assessment and the riskbased performance standards for security for
the facility, based on a review of—
(A) the facility’s site security plan;
(B) the facility’s Top-Screen;
(C) the facility’s security vulnerability assessment; or
(D) any other information that—
(i) the facility submits to the Department; or
(ii) the Department obtains from a public source or other source;
(8) the term ‘‘guidance for expedited approval facilities’’ means the guidance issued
under section 622(c)(4)(B)(i) of this title;
(9) the term ‘‘risk assessment’’ means the
Secretary’s application of relevant risk criteria identified in section 622(e)(2)(B) of this
title;
(10) the term ‘‘terrorist screening database’’
means the terrorist screening database maintained by the Federal Government Terrorist
Screening Center or its successor;
(11) the term ‘‘tier’’ has the meaning given
the term in section 27.105 of title 6, Code of
Federal Regulations, or any successor thereto;
(12) the terms ‘‘tiering’’ and ‘‘tiering methodology’’ mean the procedure by which the
Secretary assigns a tier to each covered chemical facility based on the risk assessment for
that covered chemical facility;
(13) the term ‘‘Top-Screen’’ has the meaning
given the term in section 27.105 of title 6, Code
of Federal Regulations, or any successor
thereto; and
(14) the term ‘‘vulnerability assessment’’
means the identification of weaknesses in the
security of a chemical facility of interest.
(Pub. L. 107–296, title XXI, § 2101, as added Pub.
L. 113–254, § 2(a), Dec. 18, 2014, 128 Stat. 2898.)
TERMINATION OF SECTION
For termination of section by section 5 of Pub.
L. 113–254, see Effective and Termination Dates
note below.
REFERENCES IN TEXT
The Maritime Transportation Security Act of 2002,
referred to in par. (4)(A), is Pub. L. 107–295, Nov. 25,
2002, 116 Stat. 2064. For complete classification of this
Act to the Code, see Tables.
Section 550 of the Department of Homeland Security
Appropriations Act, 2007, referred to in par. (5), is section 550 of Pub. L. 109–295, title V, Oct. 4, 2006, 120 Stat.
1388, which was set out as a note under section 121 of
this title and was repealed by Pub. L. 113–254, § 4(b),
Dec. 18, 2014, 128 Stat. 2919.
EFFECTIVE AND TERMINATION DATES
Pub. L. 113–254, § 4(a), Dec. 18, 2014, 128 Stat. 2918, provided that: ‘‘This Act [see Short Title of 2014 Amendment note set out under section 101 of this title], and
the amendments made by this Act, shall take effect on
the date that is 30 days after the date of enactment of
this Act [Dec. 18, 2014].’’

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TITLE 6—DOMESTIC SECURITY

Pub. L. 113–254, § 5, Dec. 18, 2014, 128 Stat. 2919, provided that: ‘‘The authority provided under title XXI of
the Homeland Security Act of 2002 [6 U.S.C. 621 et seq.],
as added by section 2(a), shall terminate on the date
that is 4 years after the effective date of this Act [see
section 4(a) of Pub. L. 113–254, set out above].’’
EX. ORD. NO. 13650. IMPROVING CHEMICAL FACILITY
SAFETY AND SECURITY
Ex. Ord. No. 13650, Aug. 1, 2013, 78 F.R. 48029, provided:
By the authority vested in me as President by the
Constitution and the laws of the United States of
America, it is hereby ordered as follows:
SECTION 1. Purpose. Chemicals, and the facilities
where they are manufactured, stored, distributed, and
used, are essential to today’s economy. Past and recent
tragedies have reminded us, however, that the handling
and storage of chemicals are not without risk. The Federal Government has developed and implemented numerous programs aimed at reducing the safety risks
and security risks associated with hazardous chemicals. However, additional measures can be taken by executive departments and agencies (agencies) with regulatory authority to further improve chemical facility
safety and security in coordination with owners and operators.
SEC. 2. Establishment of the Chemical Facility Safety and
Security Working Group. (a) There is established a
Chemical Facility Safety and Security Working Group
(Working Group) co-chaired by the Secretary of Homeland Security, the Administrator of the Environmental
Protection Agency (EPA), and the Secretary of Labor
or their designated representatives at the Assistant
Secretary level or higher. In addition, the Working
Group shall consist of the head of each of the following
agencies or their designated representatives at the Assistant Secretary level or higher:
(i) the Department of Justice;
(ii) the Department of Agriculture; and
(iii) the Department of Transportation.
(b) In carrying out its responsibilities under this
order, the Working Group shall consult with representatives from:
(i) the Council on Environmental Quality;
(ii) the National Security Staff;
(iii) the Domestic Policy Council;
(iv) the Office of Science and Technology Policy;
(v) the Office of Management and Budget (OMB);
(vi) the White House Office of Cabinet Affairs; and
(vii) such other agencies and offices as the President
may designate.
(c) The Working Group shall meet no less than quarterly to discuss the status of efforts to implement this
order. The Working Group is encouraged to invite other
affected agencies, such as the Nuclear Regulatory Commission, to attend these meetings as appropriate. Additionally, the Working Group shall provide, within 270
days of the date of this order, a status report to the
President through the Chair of the Council on Environmental Quality and the Assistant to the President for
Homeland Security and Counterterrorism.
SEC. 3. Improving Operational Coordination with State,
Local, and Tribal Partners. (a) Within 135 days of the
date of this order, the Working Group shall develop a
plan to support and further enable efforts by State regulators, State, local, and tribal emergency responders,
chemical facility owners and operators, and local and
tribal communities to work together to improve chemical facility safety and security. In developing this plan,
the Working Group shall:
(i) identify ways to improve coordination among the
Federal Government, first responders, and State, local,
and tribal entities;
(ii) take into account the capabilities, limitations,
and needs of the first responder community;
(iii) identify ways to ensure that State homeland security advisors, State Emergency Response Commissions (SERCs), Tribal Emergency Response Commissions (TERCs), Local Emergency Planning Committees
(LEPCs), Tribal Emergency Planning Committees

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(TEPCs), State regulators, and first responders have
ready access to key information in a useable format,
including by thoroughly reviewing categories of chemicals for which information is provided to first responders and the manner in which it is made available, so as
to prevent, prepare for, and respond to chemical incidents;
(iv) identify areas, in collaboration with State, local,
and tribal governments and private sector partners,
where joint collaborative programs can be developed or
enhanced, including by better integrating existing authorities, jurisdictional responsibilities, and regulatory
programs in order to achieve a more comprehensive engagement on chemical risk management;
(v) identify opportunities and mechanisms to improve
response procedures and to enhance information sharing and collaborative planning between chemical facility owners and operators, TEPCs, LEPCs, and first responders;
(vi) working with the National Response Team (NRT)
and Regional Response Teams (RRTs), identify means
for Federal technical assistance to support developing,
implementing, exercising, and revising State, local,
and tribal emergency contingency plans, including improved training; and
(vii) examine opportunities to improve public access
to information about chemical facility risks consistent
with national security needs and appropriate protection of confidential business information.
(b) Within 90 days of the date of this order, the Attorney General, through the head of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), shall assess the feasibility of sharing data related to the storage of explosive materials with SERCs, TEPCs, and
LEPCs.
(c) Within 90 days of the date of this order, the Secretary of Homeland Security shall assess the feasibility
of sharing Chemical Facility Anti-Terrorism Standards
(CFATS) data with SERCs, TEPCs, and LEPCs on a
categorical basis.
SEC. 4. Enhanced Federal Coordination. In order to enhance Federal coordination regarding chemical facility
safety and security:
(a) Within 45 days of the date of this order, the Working Group shall deploy a pilot program, involving the
EPA, Department of Labor, Department of Homeland
Security, and any other appropriate agency, to validate
best practices and to test innovative methods for Federal interagency collaboration regarding chemical facility safety and security. The pilot program shall operate in at least one region and shall integrate regional
Federal, State, local, and tribal assets, where appropriate. The pilot program shall include innovative and
effective methods of collecting, storing, and using facility information, stakeholder outreach, inspection planning, and, as appropriate, joint inspection efforts. The
Working Group shall take into account the results of
the pilot program in developing integrated standard operating procedures pursuant to subsection (b) of this
section.
(b) Within 270 days of the date of this order, the
Working Group shall create comprehensive and integrated standard operating procedures for a unified Federal approach for identifying and responding to risks in
chemical facilities (including during pre-inspection, inspection execution, post-inspection, and post-accident
investigation activities), incident reporting and response procedures, enforcement, and collection, storage, and use of facility information. This effort shall
reflect best practices and shall include agency-to-agency referrals and joint inspection procedures where possible and appropriate, as well as consultation with the
Federal Emergency Management Agency on post-accident response activities.
(c) Within 90 days of the date of this order, the Working Group shall consult with the Chemical Safety
Board (CSB) and determine what, if any, changes are
required to existing memorandums of understanding
(MOUs) and processes between EPA and CSB, ATF and
CSB, and the Occupational Safety and Health Adminis-

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tration and CSB for timely and full disclosure of information. To the extent appropriate, the Working Group
may develop a single model MOU with CSB in lieu of
existing agreements.
SEC. 5. Enhanced Information Collection and Sharing. In
order to enhance information collection by and sharing
across agencies to support more informed decisionmaking, streamline reporting requirements, and reduce
duplicative efforts:
(a) Within 90 days of the date of this order, the Working Group shall develop an analysis, including recommendations, on the potential to improve information
collection by and sharing between agencies to help
identify chemical facilities which may not have provided all required information or may be non-compliant with Federal requirements to ensure chemical facility safety. This analysis should consider ongoing
data-sharing efforts, other federally collected information, and chemical facility reporting among agencies
(including information shared with State, local, and
tribal governments).
(b) Within 180 days of the date of this order, the
Working Group shall produce a proposal for a coordinated, flexible data-sharing process which can be utilized to track data submitted to agencies for federally
regulated chemical facilities, including locations,
chemicals, regulated entities, previous infractions, and
other relevant information. The proposal shall allow
for the sharing of information with and by State, local,
and tribal entities where possible, consistent with section 3 of this order, and shall address computer-based
and non-computer-based means for improving the process in the short-term, if they exist.
(c) Within 180 days of the date of this order, the
Working Group shall identify and recommend possible
changes to streamline and otherwise improve data collection to meet the needs of the public and Federal,
State, local, and tribal agencies (including those
charged with protecting workers and the public), consistent with the Paperwork Reduction Act and other
relevant authorities, including opportunities to lessen
the reporting burden on regulated industries. To the
extent feasible, efforts shall minimize the duplicative
collection of information while ensuring that pertinent
information is shared with all key entities.
SEC. 6. Policy, Regulation, and Standards Modernization. (a) In order to enhance safety and security in
chemical facilities by modernizing key policies, regulations, and standards, the Working Group shall:
(i) within 90 days of the date of this order, develop options for improved chemical facility safety and security that identifies improvements to existing risk management practices through agency programs, private
sector initiatives, Government guidance, outreach,
standards, and regulations;
(ii) within 90 days of developing the options described
in subsection (a)(i) of this section, engage key stakeholders to discuss the options and other means to improve chemical risk management that may be available; and
(iii) within 90 days of completing the outreach and
consultation effort described in subsection (a)(ii) of
this section, develop a plan for implementing practical
and effective improvements to chemical risk management identified pursuant to subsections (a)(i) and (ii) of
this section.
(b) Within 90 days of the date of this order, the Secretary of Homeland Security, the Secretary of Labor,
and the Secretary of Agriculture shall develop a list of
potential regulatory and legislative proposals to improve the safe and secure storage, handling, and sale of
ammonium nitrate and identify ways in which ammonium nitrate safety and security can be enhanced under
existing authorities.
(c) Within 90 days of the date of this order, the Administrator of EPA and the Secretary of Labor shall review the chemical hazards covered by the Risk Management Program (RMP) and the Process Safety Management Standard (PSM) and determine if the RMP or
PSM can and should be expanded to address additional

§ 622

regulated substances and types of hazards. In addition,
the EPA and the Department of Labor shall develop a
plan, including a timeline and resource requirements,
to expand, implement, and enforce the RMP and PSM
in a manner that addresses the additional regulated
substances and types of hazards.
(d) Within 90 days of the date of this order, the Secretary of Homeland Security shall identify a list of
chemicals, including poisons and reactive substances,
that should be considered for addition to the CFATS
Chemicals of Interest list.
(e) Within 90 days of the date of this order, the Secretary of Labor shall:
(i) identify any changes that need to be made in the
retail and commercial grade exemptions in the PSM
Standard; and
(ii) issue a Request for Information designed to identify issues related to modernization of the PSM Standard and related standards necessary to meet the goal of
preventing major chemical accidents.
SEC. 7. Identification of Best Practices. The Working
Group shall convene stakeholders, including chemical
producers, chemical storage companies, agricultural
supply companies, State and local regulators, chemical
critical infrastructure owners and operators, first responders, labor organizations representing affected
workers, environmental and community groups, and
consensus standards organizations, in order to identify
and share successes to date and best practices to reduce
safety risks and security risks in the production and
storage of potentially harmful chemicals, including
through the use of safer alternatives, adoption of best
practices, and potential public-private partnerships.
SEC. 8. General Provisions. (a) This order shall be implemented consistent with applicable law, including
international trade obligations, and subject to the
availability of appropriations.
(b) Nothing in this order shall be construed to impair
or otherwise affect:
(i) the authority granted by law to a department,
agency, or the head thereof; or
(ii) the functions of the Director of OMB relating to
budgetary, administrative, or legislative proposals.
(c) This order is not intended to, and does not, create
any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the
United States, its departments, agencies, or entities,
its officers, employees, or agents, or any other person.
BARACK OBAMA.
[Reference to the National Security Staff deemed to
be a reference to the National Security Council Staff,
see Ex. Ord. No. 13657, set out as a note under section
3021 of Title 50, War and National Defense.]

§ 622. Chemical Facility Anti-Terrorism Standards Program
(a) Program established
(1) In general
There is in the Department a Chemical Facility Anti-Terrorism Standards Program.
(2) Requirements
In carrying out the Chemical Facility AntiTerrorism Standards Program, the Secretary
shall—
(A) identify—
(i) chemical facilities of interest; and
(ii) covered chemical facilities;
(B) require each chemical facility of interest to submit a Top-Screen and any other information the Secretary determines necessary to enable the Department to assess
the security risks associated with the facility;
(C)
establish
risk-based
performance
standards designed to address high levels of

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TITLE 6—DOMESTIC SECURITY

security risk at covered chemical facilities;
and
(D) require each covered chemical facility
to—
(i) submit a security vulnerability assessment; and
(ii) develop, submit, and implement a
site security plan.
(b) Security measures
(1) In general
A facility, in developing a site security plan
as required under subsection (a), shall include
security measures that, in combination, appropriately address the security vulnerability
assessment and the risk-based performance
standards for security for the facility.
(2) Employee input
To the greatest extent practicable, a facility’s security vulnerability assessment and site
security plan shall include input from at least
1 facility employee and, where applicable, 1
employee representative from the bargaining
agent at that facility, each of whom possesses,
in the determination of the facility’s security
officer, relevant knowledge, experience, training, or education as pertains to matters of site
security.
(c) Approval or disapproval of site security plans
(1) In general
(A) Review
Except as provided in paragraph (4), the
Secretary shall review and approve or disapprove each site security plan submitted
pursuant to subsection (a).
(B) Bases for disapproval
The Secretary—
(i) may not disapprove a site security
plan based on the presence or absence of a
particular security measure; and
(ii) shall disapprove a site security plan
if the plan fails to satisfy the risk-based
performance standards established pursuant to subsection (a)(2)(C).
(2) Alternative security programs
(A) Authority to approve
(i) In general
The Secretary may approve an alternative security program established by a
private sector entity or a Federal, State,
or local authority or under other applicable laws, if the Secretary determines that
the requirements of the program meet the
requirements under this section.
(ii) Additional security measures
If the requirements of an alternative security program do not meet the requirements under this section, the Secretary
may recommend additional security measures to the program that will enable the
Secretary to approve the program.
(B) Satisfaction of site security plan requirement
A covered chemical facility may satisfy
the site security plan requirement under
subsection (a) by adopting an alternative security program that the Secretary has—

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(i) reviewed and approved under subparagraph (A); and
(ii) determined to be appropriate for the
operations and security concerns of the
covered chemical facility.
(3) Site security plan assessments
(A) Risk assessment policies and procedures
In approving or disapproving a site security plan under this subsection, the Secretary shall employ the risk assessment
policies and procedures developed under this
subchapter.
(B) Previously approved plans
In the case of a covered chemical facility
for which the Secretary approved a site security plan before December 18, 2014, the
Secretary may not require the facility to resubmit the site security plan solely by reason of the enactment of this subchapter.
(4) Expedited approval program
(A) In general
A covered chemical facility assigned to
tier 3 or 4 may meet the requirement to develop and submit a site security plan under
subsection (a)(2)(D) by developing and submitting to the Secretary—
(i) a site security plan and the certification described in subparagraph (C); or
(ii) a site security plan in conformance
with a template authorized under subparagraph (H).
(B) Guidance for expedited approval facilities
(i) In general
Not later than 180 days after December
18, 2014, the Secretary shall issue guidance
for expedited approval facilities that identifies specific security measures that are
sufficient to meet the risk-based performance standards.
(ii) Material deviation from guidance
If a security measure in the site security
plan of an expedited approval facility materially deviates from a security measure
in the guidance for expedited approval facilities, the site security plan shall include
an explanation of how such security measure meets the risk-based performance
standards.
(iii) Applicability of other laws to development and issuance of initial guidance
During the period before the Secretary
has met the deadline under clause (i), in
developing and issuing, or amending, the
guidance for expedited approval facilities
under this subparagraph and in collecting
information from expedited approval facilities, the Secretary shall not be subject
to—
(I) section 553 of title 5;
(II) subchapter I of chapter 35 of title
44; or
(III) section 627(b) of this title.
(C) Certification
The owner or operator of an expedited approval facility shall submit to the Secretary

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a certification, signed under penalty of perjury, that—
(i) the owner or operator is familiar with
the requirements of this subchapter and
part 27 of title 6, Code of Federal Regulations, or any successor thereto, and the
site security plan being submitted;
(ii) the site security plan includes the security measures required by subsection
(b);
(iii)(I) the security measures in the site
security plan do not materially deviate
from the guidance for expedited approval
facilities except where indicated in the
site security plan;
(II) any deviations from the guidance for
expedited approval facilities in the site security plan meet the risk-based performance standards for the tier to which the facility is assigned; and
(III) the owner or operator has provided
an explanation of how the site security
plan meets the risk-based performance
standards for any material deviation;
(iv) the owner or operator has visited,
examined, documented, and verified that
the expedited approval facility meets the
criteria set forth in the site security plan;
(v) the expedited approval facility has
implemented all of the required performance measures outlined in the site security
plan or set out planned measures that will
be implemented within a reasonable time
period stated in the site security plan;
(vi) each individual responsible for implementing the site security plan has been
made aware of the requirements relevant
to the individual’s responsibility contained in the site security plan and has
demonstrated competency to carry out
those requirements;
(vii) the owner or operator has committed, or, in the case of planned measures
will commit, the necessary resources to
fully implement the site security plan; and
(viii) the planned measures include an
adequate procedure for addressing events
beyond the control of the owner or operator in implementing any planned measures.
(D) Deadline
(i) In general
Not later than 120 days after the date described in clause (ii), the owner or operator of an expedited approval facility shall
submit to the Secretary the site security
plan and the certification described in subparagraph (C).
(ii) Date
The date described in this clause is—
(I) for an expedited approval facility
that was assigned to tier 3 or 4 under existing CFATS regulations before December 18, 2014, the date that is 210 days
after December 18, 2014; and
(II) for any expedited approval facility
not described in subclause (I), the later
of—
(aa) the date on which the expedited
approval facility is assigned to tier 3 or
4 under subsection (e)(2)(A); or

§ 622

(bb) the date that is 210 days after
December 18, 2014.
(iii) Notice
An owner or operator of an expedited approval facility shall notify the Secretary
of the intent of the owner or operator to
certify the site security plan for the expedited approval facility not later than 30
days before the date on which the owner or
operator submits the site security plan
and certification described in subparagraph (C).
(E) Compliance
(i) In general
For an expedited approval facility submitting a site security plan and certification in accordance with subparagraphs
(A), (B), (C), and (D)—
(I) the expedited approval facility shall
comply with all of the requirements of
its site security plan; and
(II) the Secretary—
(aa) except as provided in subparagraph (G), may not disapprove the site
security plan; and
(bb) may audit and inspect the expedited approval facility under subsection (d) to verify compliance with
its site security plan.
(ii) Noncompliance
If the Secretary determines an expedited
approval facility is not in compliance with
the requirements of the site security plan
or is otherwise in violation of this subchapter, the Secretary may enforce compliance in accordance with section 624 of
this title.
(F) Amendments to site security plan
(i) Requirement
(I) In general
If the owner or operator of an expedited approval facility amends a site security plan submitted under subparagraph (A), the owner or operator shall
submit the amended site security plan
and a certification relating to the
amended site security plan that contains
the information described in subparagraph (C).
(II) Technical amendments
For purposes of this clause, an amendment to a site security plan includes any
technical amendment to the site security plan.
(ii) Amendment required
The owner or operator of an expedited
approval facility shall amend the site security plan if—
(I) there is a change in the design, construction, operation, or maintenance of
the expedited approval facility that affects the site security plan;
(II) the Secretary requires additional
security measures or suspends a certification and recommends additional security measures under subparagraph (G); or

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TITLE 6—DOMESTIC SECURITY
(III) the owner or operator receives notice from the Secretary of a change in
tiering under subsection (e)(3).
(iii) Deadline

An amended site security plan and certification shall be submitted under clause
(i)—
(I) in the case of a change in design,
construction, operation, or maintenance
of the expedited approval facility that
affects the security plan, not later than
120 days after the date on which the
change in design, construction, operation, or maintenance occurred;
(II) in the case of the Secretary requiring additional security measures or suspending a certification and recommending additional security measures under
subparagraph (G), not later than 120 days
after the date on which the owner or operator receives notice of the requirement
for additional security measures or suspension of the certification and recommendation of additional security measures; and
(III) in the case of a change in tiering,
not later than 120 days after the date on
which the owner or operator receives notice under subsection (e)(3).
(G) Facially deficient site security plans
(i) Prohibition
Notwithstanding subparagraph (A) or
(E), the Secretary may suspend the authority of a covered chemical facility to
certify a site security plan if the Secretary—
(I) determines the certified site security plan or an amended site security
plan is facially deficient; and
(II) not later than 100 days after the
date on which the Secretary receives the
site security plan and certification, provides the covered chemical facility with
written notification that the site security plan is facially deficient, including a
clear explanation of each deficiency in
the site security plan.
(ii) Additional security measures
(I) In general
If, during or after a compliance inspection of an expedited approval facility,
the Secretary determines that planned
or implemented security measures in the
site security plan of the facility are insufficient to meet the risk-based performance standards based on misrepresentation, omission, or an inadequate description of the site, the Secretary
may—
(aa) require additional security
measures; or
(bb) suspend the certification of the
facility.
(II) Recommendation of additional security measures
If the Secretary suspends the certification of an expedited approval facility
under subclause (I), the Secretary shall—

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(aa) recommend specific additional
security measures that, if made part of
the site security plan by the facility,
would enable the Secretary to approve
the site security plan; and
(bb) provide the facility an opportunity to submit a new or modified site
security plan and certification under
subparagraph (A).
(III) Submission; review
If an expedited approval facility determines to submit a new or modified site
security plan and certification as authorized under subclause (II)(bb)—
(aa) not later than 90 days after the
date on which the facility receives recommendations
under
subclause
(II)(aa), the facility shall submit the
new or modified plan and certification;
and
(bb) not later than 45 days after the
date on which the Secretary receives
the new or modified plan under item
(aa), the Secretary shall review the
plan and determine whether the plan is
facially deficient.
(IV) Determination not to include additional security measures
(aa) Revocation of certification
If an expedited approval facility does
not agree to include in its site security
plan specific additional security measures recommended by the Secretary
under subclause (II)(aa), or does not
submit a new or modified site security
plan in accordance with subclause (III),
the Secretary may revoke the certification of the facility by issuing an
order under section 624(a)(1)(B) of this
title.
(bb) Effect of revocation
If the Secretary revokes the certification of an expedited approval facility
under item (aa) by issuing an order
under section 624(a)(1)(B) of this title—
(AA) the order shall require the
owner or operator of the facility to
submit a site security plan or alternative security program for review
by the Secretary review 1 under subsection (c)(1); and
(BB) the facility shall no longer be
eligible to certify a site security plan
under this paragraph.
(V) Facial deficiency
If the Secretary determines that a new
or modified site security plan submitted
by an expedited approval facility under
subclause (III) is facially deficient—
(aa) not later than 120 days after the
date of the determination, the owner
or operator of the facility shall submit
a site security plan or alternative security program for review by the Secretary under subsection (c)(1); and
1 So

in original.

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TITLE 6—DOMESTIC SECURITY

(bb) the facility shall no longer be eligible to certify a site security plan
under this paragraph.
(H) Templates
(i) In general
The Secretary may develop prescriptive
site security plan templates with specific
security measures to meet the risk-based
performance standards under subsection
(a)(2)(C) for adoption and certification by a
covered chemical facility assigned to tier 3
or 4 in lieu of developing and certifying its
own plan.
(ii) Applicability of other laws to development and issuance of initial site security plan templates and related guidance
During the period before the Secretary
has met the deadline under subparagraph
(B)(i), in developing and issuing, or amending, the site security plan templates under
this subparagraph, in issuing guidance for
implementation of the templates, and in
collecting information from expedited approval facilities, the Secretary shall not be
subject to—
(I) section 553 of title 5;
(II) subchapter I of chapter 35 of title
44; or
(III) section 627(b) of this title.
(iii) Rule of construction
Nothing in this subparagraph shall be
construed to prevent a covered chemical
facility from developing and certifying its
own security plan in accordance with subparagraph (A).
(I) Evaluation
(i) In general
Not later than 18 months after December
18, 2014, the Secretary shall take any appropriate action necessary for a full evaluation of the expedited approval program
authorized under this paragraph, including
conducting an appropriate number of inspections, as authorized under subsection
(d), of expedited approval facilities.
(ii) Report
Not later than 18 months after December
18, 2014, the Secretary shall submit to the
Committee on Homeland Security and
Governmental Affairs of the Senate and
the Committee on Homeland Security and
the Committee on Energy and Commerce
of the House of Representatives a report
that contains—
(I)(aa) the number of eligible facilities
using the expedited approval program
authorized under this paragraph; and
(bb) the number of facilities that are
eligible for the expedited approval program but are using the standard process
for developing and submitting a site security plan under subsection (a)(2)(D);
(II) any costs and efficiencies associated with the expedited approval program;
(III) the impact of the expedited approval program on the backlog for site

§ 622

security plan approval and authorization
inspections;
(IV) an assessment of the ability of expedited approval facilities to submit
facially sufficient site security plans;
(V) an assessment of any impact of the
expedited approval program on the security of chemical facilities; and
(VI) a recommendation by the Secretary on the frequency of compliance
inspections that may be required for expedited approval facilities.
(d) Compliance
(1) Audits and inspections
(A) Definitions
In this paragraph—
(i) the term ‘‘nondepartmental’’—
(I) with respect to personnel, means
personnel that is not employed by the
Department; and
(II) with respect to an entity, means an
entity that is not a component or other
authority of the Department; and
(ii) the term ‘‘nongovernmental’’—
(I) with respect to personnel, means
personnel that is not employed by the
Federal Government; and
(II) with respect to an entity, means an
entity that is not an agency, department, or other authority of the Federal
Government.
(B) Authority to conduct audits and inspections
The Secretary shall conduct audits or inspections under this subchapter using—
(i) employees of the Department;
(ii) nondepartmental or nongovernmental personnel approved by the Secretary; or
(iii) a combination of individuals described in clauses (i) and (ii).
(C) Support personnel
The Secretary may use nongovernmental
personnel to provide administrative and
logistical services in support of audits and
inspections under this subchapter.
(D) Reporting structure
(i) Nondepartmental and nongovernmental
audits and inspections
Any audit or inspection conducted by an
individual employed by a nondepartmental
or nongovernmental entity shall be assigned in coordination with a regional supervisor with responsibility for supervising inspectors within the Infrastructure
Security Compliance Division of the Department for the region in which the audit
or inspection is to be conducted.
(ii) Requirement to report
While an individual employed by a nondepartmental or nongovernmental entity
is in the field conducting an audit or inspection under this subsection, the individual shall report to the regional supervisor with responsibility for supervising
inspectors within the Infrastructure Secu-

§ 622

TITLE 6—DOMESTIC SECURITY

rity Compliance Division of the Department for the region in which the individual is operating.
(iii) Approval
The authority to approve a site security
plan under subsection (c) or determine if a
covered chemical facility is in compliance
with an approved site security plan shall
be exercised solely by the Secretary or a
designee of the Secretary within the Department.
(E) Standards for auditors and inspectors
The Secretary shall prescribe standards
for the training and retraining of each individual used by the Department as an auditor
or inspector, including each individual employed by the Department and all nondepartmental or nongovernmental personnel, including—
(i) minimum training requirements for
new auditors and inspectors;
(ii) retraining requirements;
(iii) minimum education and experience
levels;
(iv) the submission of information as required by the Secretary to enable determination of whether the auditor or inspector has a conflict of interest;
(v) the proper certification or certifications necessary to handle chemical-terrorism vulnerability information (as defined in section 27.105 of title 6, Code of
Federal Regulations, or any successor
thereto);
(vi) the reporting of any issue of noncompliance with this section to the Secretary within 24 hours; and
(vii) any additional qualifications for fitness of duty as the Secretary may require.
(F) Conditions for nongovernmental auditors
and inspectors
If the Secretary arranges for an audit or
inspection under subparagraph (B) to be carried out by a nongovernmental entity, the
Secretary shall—
(i) prescribe standards for the qualification of the individuals who carry out such
audits and inspections that are commensurate with the standards for similar Government auditors or inspectors; and
(ii) ensure that any duties carried out by
a nongovernmental entity are not inherently governmental functions.
(2) Personnel surety
(A) Personnel surety program
For purposes of this subchapter, the Secretary shall establish and carry out a Personnel Surety Program that—
(i) does not require an owner or operator
of a covered chemical facility that voluntarily participates in the program to submit information about an individual more
than 1 time;
(ii) provides a participating owner or operator of a covered chemical facility with
relevant information about an individual
based on vetting the individual against the
terrorist screening database, to the extent

Page 226

that such feedback is necessary for the facility to be in compliance with regulations
promulgated under this subchapter; and
(iii) provides redress to an individual—
(I) whose information was vetted
against the terrorist screening database
under the program; and
(II) who believes that the personally
identifiable information submitted to
the Department for such vetting by a
covered chemical facility, or its designated representative, was inaccurate.
(B) Personnel surety program implementation
To the extent that a risk-based performance standard established under subsection
(a) requires identifying individuals with ties
to terrorism—
(i) a covered chemical facility—
(I) may satisfy its obligation under the
standard by using any Federal screening
program that periodically vets individuals against the terrorist screening database, or any successor program, including the Personnel Surety Program established under subparagraph (A); and
(II) shall—
(aa) accept a credential from a Federal screening program described in
subclause (I) if an individual who is required to be screened presents such a
credential; and
(bb) address in its site security plan
or alternative security program the
measures it will take to verify that a
credential or documentation from a
Federal screening program described in
subclause (I) is current;
(ii) visual inspection shall be sufficient
to meet the requirement under clause
(i)(II)(bb), but the facility should consider
other means of verification, consistent
with the facility’s assessment of the threat
posed by acceptance of such credentials;
and
(iii) the Secretary may not require a
covered chemical facility to submit any
information about an individual unless the
individual—
(I) is to be vetted under the Personnel
Surety Program; or
(II) has been identified as presenting a
terrorism security risk.
(C) Rights unaffected
Nothing in this section shall supersede the
ability—
(i) of a facility to maintain its own policies regarding the access of individuals to
restricted areas or critical assets; or
(ii) of an employing facility and a bargaining agent, where applicable, to negotiate as to how the results of a background
check may be used by the facility with respect to employment status.
(3) Availability of information
The Secretary shall share with the owner or
operator of a covered chemical facility any information that the owner or operator needs to
comply with this section.

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TITLE 6—DOMESTIC SECURITY

(e) Responsibilities of the Secretary
(1) Identification of chemical facilities of interest
In carrying out this subchapter, the Secretary shall consult with the heads of other
Federal agencies, States and political subdivisions thereof, relevant business associations,
and public and private labor organizations to
identify all chemical facilities of interest.
(2) Risk assessment
(A) In general
For purposes of this subchapter, the Secretary shall develop a security risk assessment approach and corresponding tiering
methodology for covered chemical facilities
that incorporates the relevant elements of
risk, including threat, vulnerability, and
consequence.
(B) Criteria for determining security risk
The criteria for determining the security
risk of terrorism associated with a covered
chemical facility shall take into account—
(i) relevant threat information;
(ii) potential severe economic consequences and the potential loss of human
life in the event of the facility being subject to attack, compromise, infiltration, or
exploitation by terrorists; and
(iii) vulnerability of the facility to attack, compromise, infiltration, or exploitation by terrorists.
(3) Changes in tiering
(A) Maintenance of records
The Secretary shall document the basis for
each instance in which—
(i) tiering for a covered chemical facility
is changed; or
(ii) a covered chemical facility is determined to no longer be subject to the requirements under this subchapter.
(B) Required information
The records maintained under subparagraph (A) shall include information on
whether and how the Secretary confirmed
the information that was the basis for the
change or determination described in subparagraph (A).
(4) Semiannual performance reporting
Not later than 6 months after December 18,
2014, and not less frequently than once every 6
months thereafter, the Secretary shall submit
to the Committee on Homeland Security and
Governmental Affairs of the Senate and the
Committee on Homeland Security and the
Committee on Energy and Commerce of the
House of Representatives a report that includes, for the period covered by the report—
(A) the number of covered chemical facilities in the United States;
(B) information—
(i) describing—
(I) the number of instances in which
the Secretary—
(aa) placed a covered chemical facility in a lower risk tier; or
(bb) determined that a facility that
had previously met the criteria for a

§ 623

covered chemical facility under section
621(3) of this title no longer met the
criteria; and
(II) the basis, in summary form, for
each action or determination under subclause (I); and
(ii) that is provided in a sufficiently
anonymized form to ensure that the information does not identify any specific facility or company as the source of the information when viewed alone or in combination with other public information;
(C) the average number of days spent reviewing site security or an alternative security program for a covered chemical facility
prior to approval;
(D) the number of covered chemical facilities inspected;
(E) the average number of covered chemical facilities inspected per inspector; and
(F) any other information that the Secretary determines will be helpful to Congress in evaluating the performance of the
Chemical Facility Anti-Terrorism Standards
Program.
(Pub. L. 107–296, title XXI, § 2102, as added Pub.
L. 113–254, § 2(a), Dec. 18, 2014, 128 Stat. 2900.)
TERMINATION OF SECTION
For termination of section by section 5 of Pub.
L. 113–254, see Effective and Termination Dates
note below.
EFFECTIVE AND TERMINATION DATES
Section effective on the date that is 30 days after
Dec. 18, 2014, and authority provided under this section
to terminate on the date that is 4 years after such effective date, see sections 4(a) and 5 of Pub. L. 113–254,
set out as notes under section 621 of this title.

§ 623. Protection and sharing of information
(a) In general
Notwithstanding any other provision of law,
information developed under this subchapter, including vulnerability assessments, site security
plans, and other security related information,
records, and documents shall be given protections from public disclosure consistent with the
protection of similar information under section
70103(d) of title 46.
(b) Sharing of information with States and local
governments
Nothing in this section shall be construed to
prohibit the sharing of information developed
under this subchapter, as the Secretary determines appropriate, with State and local government officials possessing a need to know and the
necessary security clearances, including law enforcement officials and first responders, for the
purpose of carrying out this subchapter, provided that such information may not be disclosed pursuant to any State or local law.
(c) Sharing of information with first responders
(1) Requirement
The Secretary shall provide to State, local,
and regional fusion centers (as that term is defined in section 124h(j)(1) of this title) and
State and local government officials, as the

§ 624

TITLE 6—DOMESTIC SECURITY

Secretary determines appropriate, such information as is necessary to help ensure that
first responders are properly prepared and provided with the situational awareness needed to
respond to security incidents at covered chemical facilities.
(2) Dissemination
The Secretary shall disseminate information
under paragraph (1) through a medium or system determined by the Secretary to be appropriate to ensure the secure and expeditious
dissemination of such information to necessary selected individuals.
(d) Enforcement proceedings
In any proceeding to enforce this section, vulnerability assessments, site security plans, and
other information submitted to or obtained by
the Secretary under this subchapter, and related
vulnerability or security information, shall be
treated as if the information were classified information.
(e) Availability of information
Notwithstanding any other provision of law
(including section 552(b)(3) of title 5), section 552
of title 5 (commonly known as the ‘‘Freedom of
Information Act’’) shall not apply to information protected from public disclosure pursuant
to subsection (a) of this section.
(f) Sharing of information with Members of Congress
Nothing in this section shall prohibit the Secretary from disclosing information developed
under this subchapter to a Member of Congress
in response to a request by a Member of Congress.
(Pub. L. 107–296, title XXI, § 2103, as added Pub.
L. 113–254, § 2(a), Dec. 18, 2014, 128 Stat. 2911.)
TERMINATION OF SECTION
For termination of section by section 5 of Pub.
L. 113–254, see Effective and Termination Dates
note below.
EFFECTIVE AND TERMINATION DATES
Section effective on the date that is 30 days after
Dec. 18, 2014, and authority provided under this section
to terminate on the date that is 4 years after such effective date, see sections 4(a) and 5 of Pub. L. 113–254,
set out as notes under section 621 of this title.

§ 624. Civil enforcement
(a) Notice of noncompliance
(1) Notice
If the Secretary determines that a covered
chemical facility is not in compliance with
this subchapter, the Secretary shall—
(A) provide the owner or operator of the facility with—
(i) not later than 14 days after date 1 on
which the Secretary makes the determination, a written notification of noncompliance that includes a clear explanation of
any deficiency in the security vulnerability assessment or site security plan;
and
(ii) an opportunity for consultation with
the Secretary or the Secretary’s designee;
and
1 So

in original. Probably should be preceded by ‘‘the’’.

Page 228

(B) issue to the owner or operator of the
facility an order to comply with this subchapter by a date specified by the Secretary
in the order, which date shall be not later
than 180 days after the date on which the
Secretary issues the order.
(2) Continued noncompliance
If an owner or operator remains noncompliant after the procedures outlined in paragraph
(1) have been executed, or demonstrates repeated violations of this subchapter, the Secretary may enter an order in accordance with
this section assessing a civil penalty, an order
to cease operations, or both.
(b) Civil penalties
(1) Violations of orders
Any person who violates an order issued
under this subchapter shall be liable for a civil
penalty under section 70119(a) of title 46.
(2) Non-reporting chemical facilities of interest
Any owner of a chemical facility of interest
who fails to comply with, or knowingly submits false information under, this subchapter
or the CFATS regulations shall be liable for a
civil penalty under section 70119(a) of title 46.
(c) Emergency orders
(1) In general
Notwithstanding subsection (a) or any site
security plan or alternative security program
approved under this subchapter, if the Secretary determines that there is an imminent
threat of death, serious illness, or severe personal injury, due to a violation of this subchapter or the risk of a terrorist incident that
may affect a chemical facility of interest, the
Secretary—
(A) shall consult with the facility, if practicable, on steps to mitigate the risk; and
(B) may order the facility, without notice
or opportunity for a hearing, effective immediately or as soon as practicable, to—
(i) implement appropriate emergency security measures; or
(ii) cease or reduce some or all operations, in accordance with safe shutdown
procedures, if the Secretary determines
that such a cessation or reduction of operations is the most appropriate means to
address the risk.
(2) Limitation on delegation
The Secretary may not delegate the authority under paragraph (1) to any official other
than the Under Secretary responsible for overseeing critical infrastructure protection,
cybersecurity, and other related programs of
the Department appointed under section
113(a)(1)(H) of this title.
(3) Limitation on authority
The Secretary may exercise the authority
under this subsection only to the extent necessary to abate the imminent threat determination under paragraph (1).
(4) Due process for facility owner or operator
(A) Written orders
An order issued by the Secretary under
paragraph (1) shall be in the form of a written emergency order that—

Page 229

TITLE 6—DOMESTIC SECURITY

(i) describes the violation or risk that
creates the imminent threat;
(ii) states the security measures or order
issued or imposed; and
(iii) describes the standards and procedures for obtaining relief from the order.
(B) Opportunity for review
After issuing an order under paragraph (1)
with respect to a chemical facility of interest, the Secretary shall provide for review of
the order under section 554 of title 5 if a petition for review is filed not later than 20 days
after the date on which the Secretary issues
the order.
(C) Expiration of effectiveness of order
If a petition for review of an order is filed
under subparagraph (B) and the review under
that paragraph is not completed by the last
day of the 30-day period beginning on the
date on which the petition is filed, the order
shall vacate automatically at the end of
that period unless the Secretary determines,
in writing, that the imminent threat providing a basis for the order continues to exist.
(d) Right of action
Nothing in this subchapter confers upon any
person except the Secretary or his or her designee a right of action against an owner or operator of a covered chemical facility to enforce
any provision of this subchapter.
(Pub. L. 107–296, title XXI, § 2104, as added Pub.
L. 113–254, § 2(a), Dec. 18, 2014, 128 Stat. 2912.)
TERMINATION OF SECTION
For termination of section by section 5 of Pub.
L. 113–254, see Effective and Termination Dates
note below.
EFFECTIVE AND TERMINATION DATES
Section effective on the date that is 30 days after
Dec. 18, 2014, and authority provided under this section
to terminate on the date that is 4 years after such effective date, see sections 4(a) and 5 of Pub. L. 113–254,
set out as notes under section 621 of this title.

§ 625. Whistleblower protections
(a) Procedure for reporting problems
(1) Establishment of a reporting procedure
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.
(2) Confidentiality
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.
(3) Acknowledgment of receipt
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.

§ 625

(4) Steps to address problems
The Secretary—
(A) shall review and consider the information provided in any report submitted under
paragraph (1); and
(B) may take action under section 624 of
this title if necessary to address any substantiated violation of a requirement under
this subchapter identified in the report.
(5) Due process for facility owner or operator
(A) In general
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—
(i) institute a civil enforcement under
section 624(a) of this title; or
(ii) if the Secretary makes the determination under section 624(c) of this title,
issue an emergency order.
(B) Written orders
The action of the Secretary under paragraph (4) shall be in a written form that—
(i) describes the violation;
(ii) states the authority under which the
Secretary is proceeding; and
(iii) describes the standards and procedures for obtaining relief from the order.
(C) Opportunity for review
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.
(D) Expiration of effectiveness of order
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.
(6) Retaliation prohibited
(A) In general
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).
(B) Exception
An employee shall not be entitled to the
protections under this section if the employee—
(i) knowingly and willfully makes any
false, fictitious, or fraudulent statement
or representation; or
(ii) uses any false writing or document
knowing the writing or document contains

§ 626

TITLE 6—DOMESTIC SECURITY

any false, fictitious, or fraudulent statement or entry.
(b) Protected disclosures
Nothing in this subchapter shall be construed
to limit the right of an individual to make any
disclosure—
(1) protected or authorized under section
2302(b)(8) or 7211 of title 5;
(2) protected under any other Federal or
State law that shields the disclosing individual against retaliation or discrimination for
having made the disclosure in the public interest; or
(3) to the Special Counsel of an agency, the
inspector general of an agency, or any other
employee designated by the head of an agency
to receive disclosures similar to the disclosures described in paragraphs (1) and (2).
(c) Publication of rights
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.
(d) Protected information
All information contained in a report made
under this subsection (a) 1 shall be protected in
accordance with section 623 of this title.
(Pub. L. 107–296, title XXI, § 2105, as added Pub.
L. 113–254, § 2(a), Dec. 18, 2014, 128 Stat. 2914.)
TERMINATION OF SECTION
For termination of section by section 5 of Pub.
L. 113–254, see Effective and Termination Dates
note below.
EFFECTIVE AND TERMINATION DATES
Section effective on the date that is 30 days after
Dec. 18, 2014, and authority provided under this section
to terminate on the date that is 4 years after such effective date, see sections 4(a) and 5 of Pub. L. 113–254,
set out as notes under section 621 of this title.

§ 626. Relationship to other laws
(a) Other Federal laws
Nothing in this subchapter shall be construed
to supersede, amend, alter, or affect any Federal
law that—
(1) regulates (including by requiring information to be submitted or made available) the
manufacture, distribution in commerce, use,
handling, sale, other treatment, or disposal of
chemical substances or mixtures; or
(2) authorizes or requires the disclosure of
any record or information obtained from a
chemical facility under any law other than
this subchapter.
(b) States and political subdivisions
This subchapter shall not preclude or deny any
right of any State or political subdivision thereof to adopt or enforce any regulation, requirement, or standard of performance with respect
1 So

in original.

Page 230

to chemical facility security that is more stringent than a regulation, requirement, or standard
of performance issued under this section, or
otherwise impair any right or jurisdiction of
any State with respect to chemical facilities
within that State, unless there is an actual conflict between this section and the law of that
State.
(Pub. L. 107–296, title XXI, § 2106, as added Pub.
L. 113–254, § 2(a), Dec. 18, 2014, 128 Stat. 2915.)
TERMINATION OF SECTION
For termination of section by section 5 of Pub.
L. 113–254, see Effective and Termination Dates
note below.
EFFECTIVE AND TERMINATION DATES
Section effective on the date that is 30 days after
Dec. 18, 2014, and authority provided under this section
to terminate on the date that is 4 years after such effective date, see sections 4(a) and 5 of Pub. L. 113–254,
set out as notes under section 621 of this title.

§ 627. CFATS regulations
(a) General authority
The Secretary may, in accordance with chapter 5 of title 5, promulgate regulations or amend
existing CFATS regulations to implement the
provisions under this subchapter.
(b) Existing CFATS regulations
(1) In general
Notwithstanding section 4(b) of the Protecting and Securing Chemical Facilities from
Terrorist Attacks Act of 2014, each existing
CFATS regulation shall remain in effect unless the Secretary amends, consolidates, or repeals the regulation.
(2) Repeal
Not later than 30 days after December 18,
2014, the Secretary shall repeal any existing
CFATS regulation that the Secretary determines is duplicative of, or conflicts with, this
subchapter.
(c) Authority
The Secretary shall exclusively rely upon authority provided under this subchapter in—
(1) determining compliance with this subchapter;
(2) identifying chemicals of interest; and
(3) determining security risk associated with
a chemical facility.
(Pub. L. 107–296, title XXI, § 2107, as added Pub.
L. 113–254, § 2(a), Dec. 18, 2014, 128 Stat. 2916.)
TERMINATION OF SECTION
For termination of section by section 5 of Pub.
L. 113–254, see Effective and Termination Dates
note below.
REFERENCES IN TEXT
Section 4(b) of the Protecting and Securing Chemical
Facilities from Terrorist Attacks Act of 2014, referred
to in subsec. (b)(1), is section 4(b) of Pub. L. 113–254,
Dec. 18, 2014, 128 Stat. 2919, which repealed section 550
of Pub. L. 109–295, formerly set out as a Regulations
note under section 121 of this title, effective as of the
date that is 30 days after Dec. 18, 2014.
EFFECTIVE AND TERMINATION DATES
Section effective on the date that is 30 days after
Dec. 18, 2014, and authority provided under this section

Page 231

§ 642

TITLE 6—DOMESTIC SECURITY

to terminate on the date that is 4 years after such effective date, see sections 4(a) and 5 of Pub. L. 113–254,
set out as notes under section 621 of this title.

SUBCHAPTER
XVII—ANTI-TRAFFICKING
TRAINING FOR DEPARTMENT OF HOMELAND SECURITY PERSONNEL

§ 628. Small covered chemical facilities

§ 641. Definitions

(a) Definition
In this section, the term ‘‘small covered chemical facility’’ means a covered chemical facility
that—
(1) has fewer than 100 employees employed at
the covered chemical facility; and
(2) is owned and operated by a small business
concern (as defined in section 632 of title 15).
(b) Assistance to facilities
The Secretary may provide guidance and, as
appropriate, tools, methodologies, or computer
software, to assist small covered chemical facilities in developing the physical security,
cybersecurity, recordkeeping, and reporting procedures required under this subchapter.
(c) Report
The Secretary shall submit to the Committee
on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security and the Committee on Energy and
Commerce of the House of Representatives a report on best practices that may assist small covered chemical facilities in development of physical security best practices.
(Pub. L. 107–296, title XXI, § 2108, as added Pub.
L. 113–254, § 2(a), Dec. 18, 2014, 128 Stat. 2916.)
TERMINATION OF SECTION
For termination of section by section 5 of Pub.
L. 113–254, see Effective and Termination Dates
note below.
EFFECTIVE AND TERMINATION DATES
Section effective on the date that is 30 days after
Dec. 18, 2014, and authority provided under this section
to terminate on the date that is 4 years after such effective date, see sections 4(a) and 5 of Pub. L. 113–254,
set out as notes under section 621 of this title.

§ 629. Outreach to chemical facilities of interest
Not later than 90 days after December 18, 2014,
the Secretary shall establish an outreach implementation plan, in coordination with the heads
of other appropriate Federal and State agencies,
relevant business associations, and public and
private labor organizations, to—
(1) identify chemical facilities of interest;
and
(2) make available compliance assistance
materials and information on education and
training.
(Pub. L. 107–296, title XXI, § 2109, as added Pub.
L. 113–254, § 2(a), Dec. 18, 2014, 128 Stat. 2916.)
TERMINATION OF SECTION
For termination of section by section 5 of Pub.
L. 113–254, see Effective and Termination Dates
note below.
EFFECTIVE AND TERMINATION DATES
Section effective on the date that is 30 days after
Dec. 18, 2014, and authority provided under this section
to terminate on the date that is 4 years after such effective date, see sections 4(a) and 5 of Pub. L. 113–254,
set out as notes under section 621 of this title.

In this subchapter:
(1) Department
The term ‘‘Department’’ means the Department of Homeland Security.
(2) Human trafficking
The term ‘‘human trafficking’’ means an act
or practice described in paragraph (9) or (10) of
section 7102 of title 22.
(3) Secretary
The term ‘‘Secretary’’ means the Secretary
of Homeland Security.
(Pub. L. 114–22, title IX, § 901, May 29, 2015, 129
Stat. 264.)
REFERENCES IN TEXT
This subchapter, referred to in text, was in the original ‘‘this title’’, meaning title IX of Pub. L. 114–22,
which is classified principally to this subchapter. For
complete classification of title IX to the Code, see
Tables.
CODIFICATION
Section was enacted as part of the Justice for Victims of Trafficking Act of 2015, and not as part of the
Homeland Security Act of 2002 which comprises this
chapter.

§ 642. Training for Department personnel to identify human trafficking
(a) In general
Not later than 180 days after May 29, 2015, the
Secretary shall implement a program to—
(1) train and periodically retrain relevant
Transportation Security Administration, U.S.
Customs and Border Protection, and other Department personnel that the Secretary considers appropriate, with respect to how to effectively deter, detect, and disrupt human trafficking, and, where appropriate, interdict a
suspected perpetrator of human trafficking,
during the course of their primary roles and
responsibilities; and
(2) ensure that the personnel referred to in
paragraph (1) regularly receive current information on matters related to the detection of
human trafficking, including information that
becomes available outside of the Department’s
initial or periodic retraining schedule, to the
extent relevant to their official duties and
consistent with applicable information and
privacy laws.
(b) Training described
The training referred to in subsection (a) may
be conducted through in-class or virtual learning capabilities, and shall include—
(1) methods for identifying suspected victims
of human trafficking and, where appropriate,
perpetrators of human trafficking;
(2) for appropriate personnel, methods to approach a suspected victim of human trafficking, where appropriate, in a manner that is
sensitive to the suspected victim and is not
likely to alert a suspected perpetrator of
human trafficking;