USC - Definitions

View all text of Subchapter XVI [§ 621 - § 629]

§ 621. DefinitionsIn 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;

(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;

(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.)