nondepartmental
(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 chemical-terrorism 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.