If the Secretary determines that a covered chemical facility is not in compliance with this subchapter, the Secretary shall-
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.
Any person who violates an order issued under this subchapter shall be liable for a civil penalty under section 70119(a) of title 46.
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.
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-
The Secretary may not delegate the authority under paragraph (1) to any official other than the Director of the Cybersecurity and Infrastructure Security Agency.
The Secretary may exercise the authority under this subsection only to the extent necessary to abate the imminent threat determination under paragraph (1).
An order issued by the Secretary under paragraph (1) shall be in the form of a written emergency order that-
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.
If a petition for review of an order is filed under subparagraph (B) and the review under that paragraph 2 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.
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.
1 So in original. Probably should be preceded by "the".
2 So in original. Probably should be "that subparagraph".
6 U.S.C. § 624
Termination of SectionFor termination of section by section 5 of Pub. L. 113-254 see Effective and Termination Dates note below.
EDITORIAL NOTES
AMENDMENTS2022-Subsec. (c)(2). Pub. L. 117-263 substituted "Director of the Cybersecurity and Infrastructure Security Agency" for "Director of Cybersecurity and Infrastructure Security".2018-Subsec. (c)(2). Pub. L. 115-278 substituted "Director of Cybersecurity and Infrastructure Security" for "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".
STATUTORY NOTES AND RELATED SUBSIDIARIES
EFFECTIVE AND TERMINATION DATESSection effective on the date that is 30 days after Dec. 18, 2014, and authority provided under this section to terminate on July 27, 2023, see sections 4(a) and 5 of Pub. L. 113-254 set out as notes under section 621 of this title.
RULE OF CONSTRUCTIONNothing in amendment made by Pub. L. 117-263 to be construed to alter the authorities, responsibilities, functions, or activities of any agency (as such term is defined in 44 U.S.C. 3502) or officer or employee of the United States on or before Dec. 23, 2022, see section 7143(f)(1) of Pub. L. 117-263 set out in a note under section 650 of this title.
- Department
- The term "Department" means the Department of Homeland Security.
- Secretary
- The term "Secretary" means the Secretary of Homeland Security.
- functions
- The term "functions" includes authorities, powers, rights, privileges, immunities, programs, projects, activities, duties, and responsibilities.
- Agency
- the term "Agency" means the Federal Emergency Management Agency;