192 
(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 re-
view 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 un-
less 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 in-
dividual 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. 
§ 10655. Whistleblower protections 
(a) PROCEDURE FOR REPORTING PROBLEMS.— 
(1) ESTABLISHMENT.—The Secretary shall establish, and provide in-
formation to the public regarding, a procedure under which any em-
ployee or contractor of a chemical facility of interest may submit a re-
port 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 the report shall be treated as a record containing protected infor-
mation to the extent that the report does not consist of publicly avail-
able 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 ac-
knowledge 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 10654 of this title if nec-
essary to address any substantiated violation of a requirement 
under this subchapter identified in the report. 
(5) DUE PROCESS FOR FACILITY OWNER OR OPERATOR.— 
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(A) IN GENERAL.—If, on 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 10654(a) of 
this title; or 
(ii) if the Secretary makes the determination under section 
10654(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 pro-
ceeding; 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 ac-
tion shall cease to be effective at the end of that 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 oth-
erwise discriminate against an employee with respect to the com-
pensation provided to, or terms, conditions, or privileges of the 
employment of, the employee because the employee (or an indi-
vidual acting pursuant to a request of the employee) submitted a 
report under paragraph (1). 
(B) EXCEPTION.—An employee shall not be entitled to the pro-
tections 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 state-
ment or entry. 
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(b) PROTECTED DISCLOSURES.—Nothing in this subchapter shall be con-
strued 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 indus-
try 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 whis-
tleblower protection laws or this subchapter. 
(d) PROTECTED INFORMATION.—All information contained in a report 
made under subsection (a) shall be protected in accordance with section 
10653 of this title. 
§ 10656. Relationship to other laws 
(a) OTHER FEDERAL LAWS.—Nothing in this subchapter shall be con-
strued 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, han-
dling, sale, other treatment, or disposal of chemical substances or mix-
tures; or 
(2) authorizes or requires the disclosure of any record or information 
obtained from a chemical facility under any law other than this sub-
chapter. 
(b) STATES AND POLITICAL SUBDIVISIONS.—This subchapter shall not 
preclude or deny any right of any State or political subdivision of a State 
to adopt or enforce any regulation, requirement, or standard of performance 
with respect to chemical facility security that is more stringent than a regu-
lation, requirement, or standard of performance issued under this sub-
chapter, or otherwise impair any right or jurisdiction of any State with re-
spect to chemical facilities within that State, unless there is an actual con-
flict between this section and the law of that State. 
§ 10657. CFATS regulations 
(a) GENERAL AUTHORITY.—The Secretary may, in accordance with chap-
ter 5 of title 5, promulgate regulations or amend CFATS regulations that 
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existed 30 days after December 18, 2014, 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 
(Public Law 113–254, 128 Stat. 2919), each CFATS regulation that 
existed on December 18, 2014, remains 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 CFATS regulation that existed on that date 
that the Secretary determines is duplicative of, or conflicts with, this 
subchapter. 
(c) AUTHORITY.—The Secretary shall exclusively rely upon authority pro-
vided 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. 
§ 10658. Small covered chemical facilities 
(a) DEFINITION OF SMALL COVERED CHEMICAL FACILITY.—In this sec-
tion, 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 3 of the Small Business Act (15 U.S.C. 632). 
(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, cyberse-
curity, recordkeeping, and reporting procedures required under this sub-
chapter. 
(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 the development of physical security best prac-
tices. 
§ 10659. Outreach to chemical facilities of interest 
The Secretary shall establish an outreach implementation plan, in coordi-
nation with the heads of other appropriate Federal and State agencies, rel-
evant business associations, and public and private labor organizations, to— 
(1) identify chemical facilities of interest; and 
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