174 
cessor to the Appendix, at a threshold quantity set pursuant to 
relevant risk-related security principles; and 
(B) is not an excluded facility. 
(3) COVERED CHEMICAL FACILITY.—The term ‘‘covered chemical fa-
cility’’ means a facility that— 
(A) the Secretary— 
(i) identifies as a chemical facility of interest; and 
(ii) based on review of the facility’s Top-Screen, determines 
meets 
the 
risk 
criteria 
developed 
under 
section 
10652(f)(2)(B) of this title; and 
(B) is not an excluded facility. 
(4) EXCLUDED FACILITY.—The term ‘‘excluded facility’’ means— 
(A) a facility regulated under the Maritime Transportation Se-
curity Act of 2002 (Public Law 107–295; 116 Stat. 2064); 
(B) a public water system, as that term is defined in section 
1401 of the Public Health Service Act (42 U.S.C. 300f); 
(C) a treatment works, as that term is defined in section 212 
of the Federal Water Pollution Control Act (33 U.S.C. 1292); 
(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 274(b) of 
the Atomic Energy Act of 1954 (42 U.S.C. 2021(b)) to protect 
against unauthorized access of any material, activity, or structure 
licensed by the Nuclear Regulatory Commission. 
(5) EXISTING CFATS REGULATION.—The term ‘‘existing CFATS reg-
ulation’’ means— 
(A) a regulation promulgated under section 550 of the Depart-
ment of Homeland Security Appropriations Act, 2007 (Public Law 
109–295), that was in effect on December 17, 2014; and 
(B) a Federal Register notice or other published guidance relat-
ing to section 550 of the Department of Homeland Security Ap-
propriations Act, 2007 (Public Law 109–295), that was in effect 
on December 17, 2014. 
(6) EXPEDITED APPROVAL FACILITY.—The term ‘‘expedited approval 
facility’’ means a covered chemical facility for which the owner or oper-
ator elects to submit a site security plan in accordance with section 
10652(d)(4) of this title. 
(7) FACIALLY DEFICIENT.—The term ‘‘facially deficient’’, relating to 
a site security plan, means a site security plan that does not support 
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a certification that the security measures in the plan address the secu-
rity vulnerability assessment and the risk-based performance standards 
for security for a 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) GUIDANCE FOR EXPEDITED APPROVAL FACILITIES.—The term 
‘‘guidance for expedited approval facilities’’ means the guidance issued 
under section 10652(d)(4)(B)(i) of this title. 
(9) RISK ASSESSMENT.—The term ‘‘risk assessment’’ means the Sec-
retary’s application of relevant risk criteria identified in section 
10652(f)(2)(B) of this title. 
(10) TERRORIST
SCREENING
DATABASE.—The term ‘‘terrorist 
screening database’’ means the terrorist screening database maintained 
by the Federal Government Terrorist Screening Center or its successor. 
(11) TIER.—The term ‘‘tier’’ has the meaning given the term in sec-
tion 27.105 of title 6, Code of Federal Regulations, or any successor 
to section 27.105. 
(12) TIERING; TIERING METHODOLOGY.—The terms ‘‘tiering’’ and 
‘‘tiering methodology’’ mean the procedure by which the Secretary as-
signs a tier to each covered chemical facility based on the risk assess-
ment for that covered chemical facility. 
(13) TOP-SCREEN.—The term ‘‘Top-Screen’’ has the meaning given 
the term in section 27.105 of title 6, Code of Federal Regulations, or 
any successor to section 27.105. 
(14) VULNERABILITY ASSESSMENT.—The term ‘‘vulnerability assess-
ment’’ means the identification of weaknesses in the security of a 
chemical facility of interest. 
§ 10652. Chemical Facility Anti-Terrorism Standards Pro-
gram 
(a) ESTABLISHMENT.—There is in the Department a Chemical Facility 
Anti-Terrorism Standards Program. 
(b) DUTIES OF SECRETARY.—In carrying out the Chemical Facility Anti- 
Terrorism Standards Program, the Secretary shall— 
(1) identify— 
(A) chemical facilities of interest; and 
(B) covered chemical facilities; 
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(2) 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; 
(3) establish risk-based performance standards designed to address 
high levels of security risk at covered chemical facilities; and 
(4) require each covered chemical facility to— 
(A) submit a security vulnerability assessment; and 
(B) develop, submit, and implement a site security plan. 
(c) SECURITY MEASURES.— 
(1) IN GENERAL.—A facility, in developing a site security plan as 
required under subsection (b), shall include security measures that, in 
combination, appropriately address the security vulnerability assess-
ment and the risk-based performance standards for security for the fa-
cility. 
(2) EMPLOYEE INPUT.—To the greatest extent practicable, a facili-
ty’s security vulnerability assessment and site security plan shall in-
clude 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 offi-
cer, relevant knowledge, experience, training, or education as pertains 
to matters of site security. 
(d) APPROVAL OR DISAPPROVAL OF SITE SECURITY PLANS.— 
(1) IN GENERAL.— 
(A) REVIEW.—Except as provided in paragraph (4), the Sec-
retary shall review and approve or disapprove each site security 
plan submitted pursuant to subsection (b). 
(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 pur-
suant to subsection (b)(3). 
(2) ALTERNATIVE SECURITY PROGRAMS.— 
(A) AUTHORITY TO APPROVE.— 
(i) IN GENERAL.—The Secretary may approve an alter-
native security program established by a private-sector entity 
or a Federal, State, or local authority or under other applica-
ble laws if the Secretary determines that the requirements of 
the program meet the requirements under this section. 
(ii) ADDITIONAL
SECURITY
MEASURES.—If the require-
ments of an alternative security program do not meet the re-
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quirements 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 re-
quirement under subsection (b)(4) by adopting an alternative secu-
rity program that the Secretary has— 
(i) reviewed and approved under subparagraph (A); and 
(ii) determined to be appropriate for the operations and se-
curity concerns of the covered chemical facility. 
(3) SITE SECURITY PLAN ASSESSMENTS.— 
(A) RISK ASSESSMENT POLICIES AND PROCEDURES.—In ap-
proving or disapproving a site security plan under this subsection, 
the Secretary shall employ the risk assessment policies and proce-
dures 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 se-
curity plan under subsection (b)(4) 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 au-
thorized under subparagraph (H). 
(B) GUIDANCE FOR EXPEDITED APPROVAL FACILITIES.— 
(i) IN GENERAL.—The Secretary shall issue guidance for 
expedited approval facilities that identifies specific security 
measures that are sufficient to meet the risk-based perform-
ance standards. 
(ii) MATERIAL DEVIATION FROM GUIDANCE.—If a security 
measure in the site security plan of an expedited approval fa-
cility materially deviates from a security measure in the guid-
ance for expedited approval facilities, the site security plan 
shall include an explanation of how the security measure 
meets the risk-based performance standards. 
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(iii) APPLICABILITY OF OTHER LAWS TO DEVELOPMENT 
AND ISSUANCE OF INITIAL GUIDANCE.—In developing and 
issuing, or amending, the guidance for expedited approval fa-
cilities 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 10657(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 to this subchapter or part 27, 
and the site security plan being submitted; 
(ii) the site security plan includes the security measures re-
quired by subsection (c); 
(iii)(I) the security measures in the site security plan do 
not materially deviate from the guidance for expedited ap-
proval facilities except where indicated in the site security 
plan; 
(II) any deviations from the guidance for expedited ap-
proval facilities in the site security plan meet the risk-based 
performance standards for the tier to which the facility is as-
signed; 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, docu-
mented, 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 secu-
rity plan or set out planned measures that will be imple-
mented within a reasonable time period stated in the site se-
curity plan; 
(vi) each individual responsible for implementing the site 
security plan has been made aware of the requirements rel-
evant to the individual’s responsibility contained in the site 
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(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 secu-
rity program for review by the Secretary under sub-
section (d)(1) or (2); and 
(bb) the facility shall no longer be eligible to cer-
tify 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 
(b)(3) for adoption and certification by a covered chemical fa-
cility assigned to tier 3 or 4 in lieu of developing and certi-
fying its own plan. 
(ii) APPLICABILITY OF OTHER LAWS TO DEVELOPING AND 
ISSUING INITIAL SITE SECURITY PLAN TEMPLATES AND RE-
LATED GUIDANCE AND TO COLLECTING INFORMATION.—Dur-
ing 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 sub-
paragraph, in issuing guidance for implementation of the 
templates, and in collecting information from expedited ap-
proval 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 10657(b) of this title. 
(iii) RULE OF CONSTRUCTION.—Nothing in this subpara-
graph shall be construed to prevent a covered chemical facil-
ity from developing and certifying its own security plan in ac-
cordance with subparagraph (A). 
(I) EVALUATION.— 
(i) IN GENERAL.—The Secretary shall take any appropriate 
action necessary for a full evaluation of the expedited ap-
proval program authorized under this paragraph, including 
conducting an appropriate number of inspections, as author-
ized under subsection (e), of expedited approval facilities. 
(ii) REPORT.—The Secretary shall submit to the Com-
mittee 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 Rep-
resentatives a report that contains— 
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(I)(aa) the number of eligible facilities using the expe-
dited 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 (b)(4); 
(II) any costs and efficiencies associated with the ex-
pedited approval program; 
(III) the impact of the expedited approval program on 
the backlog for site security plan approval and authoriza-
tion 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 ap-
proval program on the security of chemical facilities; and 
(VI) a recommendation by the Secretary on the fre-
quency of compliance inspections that may be required 
for expedited approval facilities. 
(e) COMPLIANCE.— 
(1) AUDITS AND INSPECTIONS.— 
(A) DEFINITIONS.—In this paragraph: 
(i) NONDEPARTMENTAL.—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. 
(ii) NONGOVERNMENTAL.—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 sub-
chapter using— 
(i) employees of the Department; 
(ii) nondepartmental or nongovernmental personnel ap-
proved by the Secretary; or 
(iii) a combination of individuals described in clauses (i) 
and (ii). 
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(C) SUPPORT PERSONNEL.—The Secretary may use nongovern-
mental 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 nongovern-
mental entity shall be assigned in coordination with a regional 
supervisor with responsibility for supervising inspectors in the 
Infrastructure Security Compliance Division of the Depart-
ment for the region in which the audit or inspection is to be 
conducted. 
(ii) REQUIREMENT TO REPORT.—While an individual em-
ployed by a nondepartmental or nongovernmental entity is in 
the field conducting an audit or inspection under this sub-
section, the individual shall report to the regional supervisor 
with responsibility for supervising inspectors in the Infra-
structure 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 (d) 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 in the Department. 
(E) STANDARDS FOR AUDITORS AND INSPECTORS.—The Sec-
retary shall prescribe standards for the training and retraining of 
each individual used by the Department as an auditor or inspec-
tor, 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 Sec-
retary to enable determination of whether the auditor or in-
spector has a conflict of interest; 
(v) the proper certification necessary to handle chemical- 
terrorism vulnerability information (as defined in section 
27.105 of title 6, Code of Federal Regulations, or any suc-
cessor to section 27.105); 
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(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 IN-
SPECTORS.—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 individ-
uals who carry out the audits and inspections that are com-
mensurate with the standards for similar Government audi-
tors or inspectors; and 
(ii) ensure that any duties carried out by a nongovern-
mental entity are not inherently governmental functions. 
(2) PERSONNEL SURETY PROGRAM.— 
(A) ESTABLISHMENT.—For purposes of this subchapter, the 
Secretary shall establish and carry out a Personnel Surety Pro-
gram 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 the 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 infor-
mation submitted to the Department for vetting by a 
covered chemical facility, or its designated representa-
tive, was inaccurate. 
(B) IMPLEMENTATION.—To the extent that a risk-based per-
formance standard established under subsection (b) requires iden-
tifying 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, 
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or any successor program, including the Personnel Sur-
ety 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 the creden-
tial; and 
(bb) address in its site security plan or alter-
native 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 require-
ment under clause (i)(II)(bb), but the facility should consider 
other means of verification, consistent with the facility’s as-
sessment of the threat posed by acceptance of the credentials; 
and 
(iii) the Secretary may not require a covered chemical facil-
ity to submit any information about an individual unless the 
individual— 
(I) is to be vetted under the Personnel Surety Pro-
gram; or 
(II) has been identified as presenting a terrorism secu-
rity risk. 
(C) RIGHTS UNAFFECTED.—Nothing in this section shall super-
sede 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 informa-
tion that the owner or operator needs to comply with this section. 
(f) 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, rel-
evant business associations, and public and private labor organizations 
to identify all chemical facilities of interest. 
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(2) RISK ASSESSMENT.— 
(A) IN GENERAL.—For purposes of this subchapter, the Sec-
retary shall develop a security risk assessment approach and cor-
responding tiering methodology for covered chemical facilities that 
incorporates the relevant elements of risk, including threat, vulner-
ability, 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 poten-
tial loss of human life in the event of the facility being subject 
to attack, compromise, infiltration, or exploitation by terror-
ists; and 
(iii) vulnerability of the facility to attack, compromise, infil-
tration, or exploitation by terrorists. 
(3) CHANGES IN TIERING.— 
(A) MAINTENANCE OF RECORDS.—The Secretary shall docu-
ment 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 after that date, the Secretary shall submit to the Com-
mittee on Homeland Security and Governmental Affairs of the Senate 
and the Committee on Homeland Security and the Committee on En-
ergy and Commerce of the House of Representatives a report that in-
cludes, 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 
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(bb) determined that a facility that had pre-
viously met the criteria for a covered chemical facil-
ity under section 10651(3) of this title no longer 
met the criteria; and 
(II) the basis, in summary form, for each action or de-
termination under subclause (I); and 
(ii) that is provided in a sufficiently anonymized form to 
ensure that the information does not identify any specific fa-
cility 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. 
§ 10653. Protection and sharing of information 
(a) IN GENERAL.—Information developed under this subchapter, includ-
ing 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 sec-
tion 70103(d) of title 46. 
(b) SHARING
OF INFORMATION WITH STATES
AND LOCAL GOVERN-
MENTS.—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 offi-
cials and first responders, for the purpose of carrying out this subchapter, 
provided that the 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 10512(a)(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 situa-
tional awareness needed to respond to security incidents at covered 
chemical facilities. 
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(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 dis-
semination of the 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 re-
lated vulnerability or security information, shall be treated as if the infor-
mation were classified information. 
(e) AVAILABILITY OF INFORMATION.—Notwithstanding any other provi-
sion of law (including section 552(b)(3) of title 5), section 552 of title 5 
(known as the ‘‘Freedom of Information Act’’) shall not apply to informa-
tion protected from public disclosure pursuant to subsection (a). 
(f) SHARING OF INFORMATION WITH MEMBERS OF CONGRESS.—Nothing 
in this section shall prohibit the Secretary from disclosing information devel-
oped under this subchapter to a Member of Congress in response to a re-
quest by a Member of Congress. 
§ 10654. Civil enforcement 
(a) NOTICE OF NONCOMPLIANCE.— 
(1) IN GENERAL.—If the Secretary determines that a covered chem-
ical facility is not in compliance with this subchapter, the Secretary 
shall— 
(A) provide the owner or operator of the facility— 
(i) not later than 14 days after the date on which the Sec-
retary makes the determination, a written notification of non-
compliance 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.— 
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191 
(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 secu-
rity plan or alternative security program approved under this sub-
chapter, 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 10302(b)(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 im-
posed; and 
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