6 Usc 621

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 risk-related 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 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 risk-based 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]."
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) cochaired 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 (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 Administration 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 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 Anti-Terrorism 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 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 riskbased 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—
(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 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
(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
(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—
(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
(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
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 Security 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 chemicalterrorism 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 non-compliance 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 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.

(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
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.
1

So in original.

§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 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
(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—
(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.
1

So in original. Probably should be preceded by "the".

§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.

(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 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.
1

So in original.

§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
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 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.

§628. Small covered chemical facilities
(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.