[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4007 Enrolled Bill (ENR)]

        H.R.4007

                     One Hundred Thirteenth Congress

                                 of the

                        United States of America


                          AT THE SECOND SESSION

           Begun and held at the City of Washington on Friday,
           the third day of January, two thousand and fourteen


                                 An Act


 
    To recodify and reauthorize the Chemical Facility Anti-Terrorism 
                           Standards Program.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
    This Act may be cited as the ``Protecting and Securing Chemical 
Facilities from Terrorist Attacks Act of 2014''.
SEC. 2. CHEMICAL FACILITY ANTI-TERRORISM STANDARDS PROGRAM.
    (a) In General.--The Homeland Security Act of 2002 (6 U.S.C. 101 et 
seq.) is amended by adding at the end the following:

        ``TITLE XXI--CHEMICAL FACILITY ANTI-TERRORISM STANDARDS

``SEC. 2101. DEFINITIONS.
    ``In this title--
        ``(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 2107;
        ``(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 
            2102(e)(2)(B); 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 1401 of the Safe Drinking Water 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) 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 the date of enactment of the Protecting and 
        Securing Chemical Facilities from Terrorist Attacks Act of 
        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 
        the date of enactment of the Protecting and Securing Chemical 
        Facilities from Terrorist Attacks Act of 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 2102(c)(4);
        ``(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;
            ``(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) the term `guidance for expedited approval facilities' 
    means the guidance issued under section 2102(c)(4)(B)(i);
        ``(9) the term `risk assessment' means the Secretary's 
    application of relevant risk criteria identified in section 
    2102(e)(2)(B);
        ``(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.
``SEC. 2102. CHEMICAL FACILITY ANTI-TERRORISM STANDARDS PROGRAM.
    ``(a) Program Established.--
        ``(1) In general.--There is in the Department a Chemical 
    Facility Anti-Terrorism Standards Program.
        ``(2) Requirements.--In carrying out the Chemical Facility 
    Anti-Terrorism Standards Program, the Secretary shall--
            ``(A) identify--
                ``(i) chemical facilities of interest; and
                ``(ii) covered chemical facilities;
            ``(B) 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;
            ``(C) establish risk-based performance standards designed 
        to address high levels of security risk at covered chemical 
        facilities; and
            ``(D) require each covered chemical facility to--
                ``(i) submit a security vulnerability assessment; and
                ``(ii) develop, submit, and implement a site security 
            plan.
    ``(b) Security Measures.--
        ``(1) In general.--A facility, in developing a site security 
    plan as required under subsection (a), shall include security 
    measures that, in combination, appropriately address the security 
    vulnerability assessment and the risk-based performance standards 
    for security for the facility.
        ``(2) Employee input.--To the greatest extent practicable, a 
    facility's security vulnerability assessment and site security plan 
    shall include 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 officer, relevant knowledge, experience, 
    training, or education as pertains to matters of site security.
    ``(c) Approval or Disapproval of Site Security Plans.--
        ``(1) In general.--
            ``(A) Review.--Except as provided in paragraph (4), the 
        Secretary shall review and approve or disapprove each site 
        security plan submitted pursuant to subsection (a).
            ``(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 pursuant to subsection (a)(2)(C).
        ``(2) Alternative security programs.--
            ``(A) Authority to approve.--
                ``(i) In general.--The Secretary may approve an 
            alternative security program established by a private 
            sector entity or a Federal, State, or local authority or 
            under other applicable laws, if the Secretary determines 
            that the requirements of the program meet the requirements 
            under this section.
                ``(ii) Additional security measures.--If the 
            requirements of an alternative security program do not meet 
            the requirements 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 
        requirement under subsection (a) by adopting an alternative 
        security program that the Secretary has--
                ``(i) reviewed and approved under subparagraph (A); and
                ``(ii) determined to be appropriate for the operations 
            and security concerns of the covered chemical facility.
        ``(3) Site security plan assessments.--
            ``(A) Risk assessment policies and procedures.--In 
        approving or disapproving a site security plan under this 
        subsection, the Secretary shall employ the risk assessment 
        policies and procedures developed under this title.
            ``(B) Previously approved plans.--In the case of a covered 
        chemical facility for which the Secretary approved a site 
        security plan before the date of enactment of the Protecting 
        and Securing Chemical Facilities from Terrorist Attacks Act of 
        2014, the Secretary may not require the facility to resubmit 
        the site security plan solely by reason of the enactment of 
        this title.
        ``(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 security plan under subsection (a)(2)(D) 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 authorized under subparagraph (H).
            ``(B) Guidance for expedited approval facilities.--
                ``(i) In general.--Not later than 180 days after the 
            date of enactment of the Protecting and Securing Chemical 
            Facilities from Terrorist Attacks Act of 2014, the 
            Secretary shall issue guidance for expedited approval 
            facilities that identifies specific security measures that 
            are sufficient to meet the risk-based performance 
            standards.
                ``(ii) Material deviation from guidance.--If a security 
            measure in the site security plan of an expedited approval 
            facility materially deviates from a security measure in the 
            guidance for expedited approval facilities, the site 
            security plan shall include an explanation of how such 
            security measure meets the risk-based performance 
            standards.
                ``(iii) Applicability of other laws to development and 
            issuance of initial guidance.--During the period before the 
            Secretary has met the deadline under clause (i), in 
            developing and issuing, or amending, the guidance for 
            expedited approval facilities under this subparagraph and 
            in collecting information from expedited approval 
            facilities, the Secretary shall not be subject to--

                    ``(I) section 553 of title 5, United States Code;
                    ``(II) subchapter I of chapter 35 of title 44, 
                United States Code; or
                    ``(III) section 2107(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 title and part 27 of title 6, Code of 
            Federal Regulations, or any successor thereto, and the site 
            security plan being submitted;
                ``(ii) the site security plan includes the security 
            measures required by subsection (b);
                ``(iii)(I) the security measures in the site security 
            plan do not materially deviate from the guidance for 
            expedited approval facilities except where indicated in the 
            site security plan;
                ``(II) any deviations from the guidance for expedited 
            approval facilities in the site security plan meet the 
            risk-based performance standards for the tier to which the 
            facility is assigned; 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, 
            documented, 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 security plan or set out planned measures that will be 
            implemented within a reasonable time period stated in the 
            site security plan;
                ``(vi) each individual responsible for implementing the 
            site security plan has been made aware of the requirements 
            relevant to the individual's responsibility contained in 
            the site security plan and has demonstrated competency to 
            carry out those requirements;
                ``(vii) the owner or operator has committed, or, in the 
            case of planned measures will commit, the necessary 
            resources to fully implement the site security plan; and
                ``(viii) the planned measures include an adequate 
            procedure for addressing events beyond the control of the 
            owner or operator in implementing any planned measures.
            ``(D) Deadline.--
                ``(i) In general.--Not later than 120 days after the 
            date described in clause (ii), the owner or operator of an 
            expedited approval facility shall submit to the Secretary 
            the site security plan and the certification described in 
            subparagraph (C).
                ``(ii) Date.--The date described in this clause is--

                    ``(I) for an expedited approval facility that was 
                assigned to tier 3 or 4 under existing CFATS 
                regulations before the date of enactment of the 
                Protecting and Securing Chemical Facilities from 
                Terrorist Attacks Act of 2014, the date that is 210 
                days after the date of enactment of that Act; and
                    ``(II) for any expedited approval facility not 
                described in subclause (I), the later of--

                        ``(aa) the date on which the expedited approval 
                    facility is assigned to tier 3 or 4 under 
                    subsection (e)(2)(A); or
                        ``(bb) the date that is 210 days after the date 
                    of enactment of the Protecting and Securing 
                    Chemical Facilities from Terrorist Attacks Act of 
                    2014.
                ``(iii) Notice.--An owner or operator of an expedited 
            approval facility shall notify the Secretary of the intent 
            of the owner or operator to certify the site security plan 
            for the expedited approval facility not later than 30 days 
            before the date on which the owner or operator submits the 
            site security plan and certification described in 
            subparagraph (C).
            ``(E) Compliance.--
                ``(i) In general.--For an expedited approval facility 
            submitting a site security plan and certification in 
            accordance with subparagraphs (A), (B), (C), and (D)--

                    ``(I) the expedited approval facility shall comply 
                with all of the requirements of its site security plan; 
                and
                    ``(II) the Secretary--

                        ``(aa) except as provided in subparagraph (G), 
                    may not disapprove the site security plan; and
                        ``(bb) may audit and inspect the expedited 
                    approval facility under subsection (d) to verify 
                    compliance with its site security plan.
                ``(ii) Noncompliance.--If the Secretary determines an 
            expedited approval facility is not in compliance with the 
            requirements of the site security plan or is otherwise in 
            violation of this title, the Secretary may enforce 
            compliance in accordance with section 2104.
            ``(F) Amendments to site security plan.--
                ``(i) Requirement.--

                    ``(I) In general.--If the owner or operator of an 
                expedited approval facility amends a site security plan 
                submitted under subparagraph (A), the owner or operator 
                shall submit the amended site security plan and a 
                certification relating to the amended site security 
                plan that contains the information described in 
                subparagraph (C).
                    ``(II) Technical amendments.--For purposes of this 
                clause, an amendment to a site security plan includes 
                any technical amendment to the site security plan.

                ``(ii) Amendment required.--The owner or operator of an 
            expedited approval facility shall amend the site security 
            plan if--

                    ``(I) there is a change in the design, 
                construction, operation, or maintenance of the 
                expedited approval facility that affects the site 
                security plan;
                    ``(II) the Secretary requires additional security 
                measures or suspends a certification and recommends 
                additional security measures under subparagraph (G); or
                    ``(III) the owner or operator receives notice from 
                the Secretary of a change in tiering under subsection 
                (e)(3).

                ``(iii) Deadline.--An amended site security plan and 
            certification shall be submitted under clause (i)--

                    ``(I) in the case of a change in design, 
                construction, operation, or maintenance of the 
                expedited approval facility that affects the security 
                plan, not later than 120 days after the date on which 
                the change in design, construction, operation, or 
                maintenance occurred;
                    ``(II) in the case of the Secretary requiring 
                additional security measures or suspending a 
                certification and recommending additional security 
                measures under subparagraph (G), not later than 120 
                days after the date on which the owner or operator 
                receives notice of the requirement for additional 
                security measures or suspension of the certification 
                and recommendation of additional security measures; and
                    ``(III) in the case of a change in tiering, not 
                later than 120 days after the date on which the owner 
                or operator receives notice under subsection (e)(3).

            ``(G) Facially deficient site security plans.--
                ``(i) Prohibition.--Notwithstanding subparagraph (A) or 
            (E), the Secretary may suspend the authority of a covered 
            chemical facility to certify a site security plan if the 
            Secretary--

                    ``(I) determines the certified site security plan 
                or an amended site security plan is facially deficient; 
                and
                    ``(II) not later than 100 days after the date on 
                which the Secretary receives the site security plan and 
                certification, provides the covered chemical facility 
                with written notification that the site security plan 
                is facially deficient, including a clear explanation of 
                each deficiency in the site security plan.

                ``(ii) Additional security measures.--

                    ``(I) In general.--If, during or after a compliance 
                inspection of an expedited approval facility, the 
                Secretary determines that planned or implemented 
                security measures in the site security plan of the 
                facility are insufficient to meet the risk-based 
                performance standards based on misrepresentation, 
                omission, or an inadequate description of the site, the 
                Secretary may--

                        ``(aa) require additional security measures; or
                        ``(bb) suspend the certification of the 
                    facility.

                    ``(II) Recommendation of additional security 
                measures.--If the Secretary suspends the certification 
                of an expedited approval facility under subclause (I), 
                the Secretary shall--

                        ``(aa) recommend specific additional security 
                    measures that, if made part of the site security 
                    plan by the facility, would enable the Secretary to 
                    approve the site security plan; and
                        ``(bb) provide the facility an opportunity to 
                    submit a new or modified site security plan and 
                    certification under subparagraph (A).

                    ``(III) Submission; review.--If an expedited 
                approval facility determines to submit a new or 
                modified site security plan and certification as 
                authorized under subclause (II)(bb)--

                        ``(aa) not later than 90 days after the date on 
                    which the facility receives recommendations under 
                    subclause (II)(aa), the facility shall submit the 
                    new or modified plan and certification; and
                        ``(bb) not later than 45 days after the date on 
                    which the Secretary receives the new or modified 
                    plan under item (aa), the Secretary shall review 
                    the plan and determine whether the plan is facially 
                    deficient.

                    ``(IV) Determination not to include additional 
                security measures.--

                        ``(aa) Revocation of certification.--If an 
                    expedited approval facility does not agree to 
                    include in its site security plan specific 
                    additional security measures recommended by the 
                    Secretary under subclause (II)(aa), or does not 
                    submit a new or modified site security plan in 
                    accordance with subclause (III), the Secretary may 
                    revoke the certification of the facility by issuing 
                    an order under section 2104(a)(1)(B).
                        ``(bb) Effect of revocation.--If the Secretary 
                    revokes the certification of an expedited approval 
                    facility under item (aa) by issuing an order under 
                    section 2104(a)(1)(B)--
                            ``(AA) the order shall require the owner or 
                        operator of the facility to submit a site 
                        security plan or alternative security program 
                        for review by the Secretary review under 
                        subsection (c)(1); and
                            ``(BB) the facility shall no longer be 
                        eligible to certify a site security plan under 
                        this paragraph.

                    ``(V) Facial deficiency.--If the Secretary 
                determines that a new or modified site security plan 
                submitted by an expedited approval facility under 
                subclause (III) is facially deficient--

                        ``(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 security program for review by the 
                    Secretary under subsection (c)(1); and
                        ``(bb) the facility shall no longer be eligible 
                    to certify 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 (a)(2)(C) for adoption and 
            certification by a covered chemical facility assigned to 
            tier 3 or 4 in lieu of developing and certifying its own 
            plan.
                ``(ii) Applicability of other laws to development and 
            issuance of initial site security plan templates and 
            related guidance.--During 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 subparagraph, in issuing guidance for 
            implementation of the templates, and in collecting 
            information from expedited approval facilities, the 
            Secretary shall not be subject to--

                    ``(I) section 553 of title 5, United States Code;
                    ``(II) subchapter I of chapter 35 of title 44, 
                United States Code; or
                    ``(III) section 2107(b) of this title.

                ``(iii) Rule of construction.--Nothing in this 
            subparagraph shall be construed to prevent a covered 
            chemical facility from developing and certifying its own 
            security plan in accordance with subparagraph (A).
            ``(I) Evaluation.--
                ``(i) In general.--Not later than 18 months after the 
            date of enactment of the Protecting and Securing Chemical 
            Facilities from Terrorist Attacks Act of 2014, the 
            Secretary shall take any appropriate action necessary for a 
            full evaluation of the expedited approval program 
            authorized under this paragraph, including conducting an 
            appropriate number of inspections, as authorized under 
            subsection (d), of expedited approval facilities.
                ``(ii) Report.--Not later than 18 months after the date 
            of enactment of the Protecting and Securing Chemical 
            Facilities from Terrorist Attacks Act of 2014, 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 that 
            contains--

                    ``(I)(aa) the number of eligible facilities using 
                the expedited 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 (a)(2)(D);
                    ``(II) any costs and efficiencies associated with 
                the expedited approval program;
                    ``(III) the impact of the expedited approval 
                program on the backlog for site security plan approval 
                and authorization 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 
                approval program on the security of chemical 
                facilities; and
                    ``(VI) a recommendation by the Secretary on the 
                frequency of compliance inspections that may be 
                required for expedited approval facilities.

    ``(d) Compliance.--
        ``(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 title 
        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 title.
            ``(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.
        ``(2) Personnel surety.--
            ``(A) Personnel surety program.--For purposes of this 
        title, the Secretary shall establish and carry out a Personnel 
        Surety Program 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 such 
            feedback is necessary for the facility to be in compliance 
            with regulations promulgated under this title; 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 information submitted to the Department 
                for such vetting by a covered chemical facility, or its 
                designated representative, was inaccurate.

            ``(B) Personnel surety program implementation.--To the 
        extent that a risk-based performance standard established under 
        subsection (a) requires identifying 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, or any successor program, including 
                the Personnel Surety 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 
                    such a credential; and
                        ``(bb) address in its site security plan or 
                    alternative 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 requirement under clause (i)(II)(bb), but the facility 
            should consider other means of verification, consistent 
            with the facility's assessment of the threat posed by 
            acceptance of such credentials; and
                ``(iii) the Secretary may not require a covered 
            chemical facility to submit any information about an 
            individual unless the individual--

                    ``(I) is to be vetted under the Personnel Surety 
                Program; or
                    ``(II) has been identified as presenting a 
                terrorism security risk.

            ``(C) Rights unaffected.--Nothing in this section shall 
        supersede 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 
    information that the owner or operator needs to comply with this 
    section.
    ``(e) Responsibilities of the Secretary.--
        ``(1) Identification of chemical facilities of interest.--In 
    carrying out this title, the Secretary shall consult with the heads 
    of other Federal agencies, States and political subdivisions 
    thereof, relevant business associations, and public and private 
    labor organizations to identify all chemical facilities of 
    interest.
        ``(2) Risk assessment.--
            ``(A) In general.--For purposes of this title, the 
        Secretary shall develop a security risk assessment approach and 
        corresponding tiering methodology for covered chemical 
        facilities that incorporates the relevant elements of risk, 
        including threat, vulnerability, 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 
            potential loss of human life in the event of the facility 
            being subject to attack, compromise, infiltration, or 
            exploitation by terrorists; and
                ``(iii) vulnerability of the facility to attack, 
            compromise, infiltration, or exploitation by terrorists.
        ``(3) Changes in tiering.--
            ``(A) Maintenance of records.--The Secretary shall document 
        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 title.
            ``(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 the date of enactment of the Protecting and Securing 
    Chemical Facilities from Terrorist Attacks Act of 2014, and not 
    less frequently than once every 6 months thereafter, 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 that includes, 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
                        ``(bb) determined that a facility that had 
                    previously met the criteria for a covered chemical 
                    facility under section 2101(3) no longer met the 
                    criteria; and

                    ``(II) the basis, in summary form, for each action 
                or determination under subclause (I); and

                ``(ii) that is provided in a sufficiently anonymized 
            form to ensure that the information does not identify any 
            specific facility 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.
``SEC. 2103. PROTECTION AND SHARING OF INFORMATION.
    ``(a) In General.--Notwithstanding any other provision of law, 
information developed under this title, including 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 section 70103(d) of title 46, United States Code.
    ``(b) Sharing of Information With States and Local Governments.--
Nothing in this section shall be construed to prohibit the sharing of 
information developed under this title, as the Secretary determines 
appropriate, with State and local government officials possessing a 
need to know and the necessary security clearances, including law 
enforcement officials and first responders, for the purpose of carrying 
out this title, provided that such 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 210A(j)(1)) 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 situational awareness needed to 
    respond to security incidents at covered chemical facilities.
        ``(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 dissemination of such 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 title, 
and related vulnerability or security information, shall be treated as 
if the information were classified information.
    ``(e) Availability of Information.--Notwithstanding any other 
provision of law (including section 552(b)(3) of title 5, United States 
Code), section 552 of title 5, United States Code (commonly known as 
the `Freedom of Information Act') shall not apply to information 
protected from public disclosure pursuant to subsection (a) of this 
section.
    ``(f) Sharing of Information With Members of Congress.--Nothing in 
this section shall prohibit the Secretary from disclosing information 
developed under this title to a Member of Congress in response to a 
request by a Member of Congress.
``SEC. 2104. CIVIL ENFORCEMENT.
    ``(a) Notice of Noncompliance.--
        ``(1) Notice.--If the Secretary determines that a covered 
    chemical facility is not in compliance with this title, the 
    Secretary shall--
            ``(A) provide the owner or operator of the facility with--
                ``(i) not later than 14 days after date on which the 
            Secretary makes the determination, a written notification 
            of noncompliance 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 title 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 title, 
    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.--
        ``(1) Violations of orders.--Any person who violates an order 
    issued under this title shall be liable for a civil penalty under 
    section 70119(a) of title 46, United States Code.
        ``(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 title or the CFATS 
    regulations shall be liable for a civil penalty under section 
    70119(a) of title 46, United States Code.
    ``(c) Emergency Orders.--
        ``(1) In general.--Notwithstanding subsection (a) or any site 
    security plan or alternative security program approved under this 
    title, if the Secretary determines that there is an imminent threat 
    of death, serious illness, or severe personal injury, due to a 
    violation of this title 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 103(a)(1)(H).
        ``(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 
            imposed; and
                ``(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 
        review 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 unless 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 title 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 title.
``SEC. 2105. WHISTLEBLOWER PROTECTIONS.
    ``(a) Procedure for Reporting Problems.--
        ``(1) Establishment of a reporting procedure.--Not later than 
    180 days after the date of enactment of the Protecting and Securing 
    Chemical Facilities from Terrorist Attacks Act of 2014, the 
    Secretary shall establish, and provide information to the public 
    regarding, a procedure under which any employee or contractor of a 
    chemical facility of interest may submit a report to the Secretary 
    regarding a violation of a requirement under this title.
        ``(2) Confidentiality.--The Secretary shall keep confidential 
    the identity of an individual who submits a report under paragraph 
    (1) and any such report shall be treated as a record containing 
    protected information to the extent that the report does not 
    consist of publicly available 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 acknowledge 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 2104 of this title if 
        necessary to address any substantiated violation of a 
        requirement under this title identified in the report.
        ``(5) Due process for facility owner or operator.--
            ``(A) In general.--If, upon the review described in 
        paragraph (4), the Secretary determines that a violation of a 
        provision of this title, or a regulation prescribed under this 
        title, has occurred, the Secretary may--
                ``(i) institute a civil enforcement under section 
            2104(a) of this title; or
                ``(ii) if the Secretary makes the determination under 
            section 2104(c), 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 proceeding; 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 action shall cease to be effective at the end of such 
        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 otherwise discriminate against an employee with 
        respect to the compensation provided to, or terms, conditions, 
        or privileges of the employment of, the employee because the 
        employee (or an individual acting pursuant to a request of the 
        employee) submitted a report under paragraph (1).
            ``(B) Exception.--An employee shall not be entitled to the 
        protections 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 statement or entry.
    ``(b) Protected Disclosures.--Nothing in this title shall be 
construed 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, United States Code;
        ``(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 
industry 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 whistleblower protection 
laws or this title.
    ``(d) Protected Information.--All information contained in a report 
made under this subsection (a) shall be protected in accordance with 
section 2103.
``SEC. 2106. RELATIONSHIP TO OTHER LAWS.
    ``(a) Other Federal Laws.--Nothing in this title shall be construed 
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, handling, sale, other treatment, or disposal of 
    chemical substances or mixtures; or
        ``(2) authorizes or requires the disclosure of any record or 
    information obtained from a chemical facility under any law other 
    than this title.
    ``(b) States and Political Subdivisions.--This title shall not 
preclude or deny any right of any State or political subdivision 
thereof to adopt or enforce any regulation, requirement, or standard of 
performance with respect to chemical facility security that is more 
stringent than a regulation, requirement, or standard of performance 
issued under this section, or otherwise impair any right or 
jurisdiction of any State with respect to chemical facilities within 
that State, unless there is an actual conflict between this section and 
the law of that State.
``SEC. 2107. CFATS REGULATIONS.
    ``(a) General Authority.--The Secretary may, in accordance with 
chapter 5 of title 5, United States Code, promulgate regulations or 
amend existing CFATS regulations to implement the provisions under this 
title.
    ``(b) Existing CFATS Regulations.--
        ``(1) In general.--Notwithstanding section 4(b) of the 
    Protecting and Securing Chemical Facilities from Terrorist Attacks 
    Act of 2014, each existing CFATS regulation shall remain in effect 
    unless the Secretary amends, consolidates, or repeals the 
    regulation.
        ``(2) Repeal.--Not later than 30 days after the date of 
    enactment of the Protecting and Securing Chemical Facilities from 
    Terrorist Attacks Act of 2014, the Secretary shall repeal any 
    existing CFATS regulation that the Secretary determines is 
    duplicative of, or conflicts with, this title.
    ``(c) Authority.--The Secretary shall exclusively rely upon 
authority provided under this title in--
        ``(1) determining compliance with this title;
        ``(2) identifying chemicals of interest; and
        ``(3) determining security risk associated with a chemical 
    facility.
``SEC. 2108. SMALL COVERED CHEMICAL FACILITIES.
    ``(a) Definition.--In this section, 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, cybersecurity, recordkeeping, and reporting procedures 
required under this title.
    ``(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 development of physical 
security best practices.
``SEC. 2109. OUTREACH TO CHEMICAL FACILITIES OF INTEREST.
    ``Not later than 90 days after the date of enactment of the 
Protecting and Securing Chemical Facilities from Terrorist Attacks Act 
of 2014, the Secretary shall establish an outreach implementation plan, 
in coordination with the heads of other appropriate Federal and State 
agencies, relevant business associations, and public and private labor 
organizations, to--
        ``(1) identify chemical facilities of interest; and
        ``(2) make available compliance assistance materials and 
    information on education and training.''.
    (b) Clerical Amendment.--The table of contents in section 1(b) of 
the Homeland Security Act of 2002 (Public Law 107-196; 116 Stat. 2135) 
is amended by adding at the end the following:

         ``TITLE XXI--CHEMICAL FACILITY ANTI-TERRORISM STANDARDS

``Sec. 2101. Definitions.
``Sec. 2102. Chemical Facility Anti-Terrorism Standards Program.
``Sec. 2103. Protection and sharing of information.-
``Sec. 2104. Civil enforcement.
``Sec. 2105. Whistleblower protections.
``Sec. 2106. Relationship to other laws.
``Sec. 2107. CFATS regulations.
``Sec. 2108. Small covered chemical facilities.
``Sec. 2109. Outreach to chemical facilities of interest.''.
SEC. 3. ASSESSMENT; REPORTS.
    (a) Definitions.--In this section--
        (1) the term ``Chemical Facility Anti-Terrorism Standards 
    Program'' means--
            (A) the Chemical Facility Anti-Terrorism Standards program 
        initially authorized under section 550 of the Department of 
        Homeland Security Appropriations Act, 2007 (Public Law 109-295; 
        6 U.S.C. 121 note); and
            (B) the Chemical Facility Anti-Terrorism Standards Program 
        subsequently authorized under section 2102(a) of the Homeland 
        Security Act of 2002, as added by section 2;
        (2) the term ``Department'' means the Department of Homeland 
    Security; and
        (3) the term ``Secretary'' means the Secretary of Homeland 
    Security.
    (b) Third-party Assessment.--Using amounts appropriated to the 
Department before the date of enactment of this Act, the Secretary 
shall commission a third-party study to assess vulnerabilities of 
covered chemical facilities, as defined in section 2101 of the Homeland 
Security Act of 2002 (as added by section 2), to acts of terrorism.
    (c) Reports.--
        (1) Report to congress.--Not later than 18 months after the 
    date of enactment of this Act, 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 the 
    Chemical Facility Anti-Terrorism Standards Program that includes--
            (A) a certification by the Secretary that the Secretary has 
        made significant progress in the identification of all chemical 
        facilities of interest under section 2102(e)(1) of the Homeland 
        Security Act of 2002, as added by section 2, including--
                (i) a description of the steps taken to achieve that 
            progress and the metrics used to measure the progress;
                (ii) information on whether facilities that submitted 
            Top-Screens as a result of the identification of chemical 
            facilities of interest were tiered and in what tiers those 
            facilities were placed; and
                (iii) an action plan to better identify chemical 
            facilities of interest and bring those facilities into 
            compliance with title XXI of the Homeland Security Act of 
            2002, as added by section 2;
            (B) a certification by the Secretary that the Secretary has 
        developed a risk assessment approach and corresponding tiering 
        methodology under section 2102(e)(2) of the Homeland Security 
        Act of 2002, as added by section 2;
            (C) an assessment by the Secretary of the implementation by 
        the Department of the recommendations made by the Homeland 
        Security Studies and Analysis Institute as outlined in the 
        Institute's Tiering Methodology Peer Review (Publication 
        Number: RP12-22-02); and
            (D) a description of best practices that may assist small 
        covered chemical facilities, as defined in section 2108(a) of 
        the Homeland Security Act of 2002, as added by section 2, in 
        the development of physical security best practices.
        (2) Annual gao report.--
            (A) In general.--During the 3-year period beginning on the 
        date of enactment of this Act, the Comptroller General of the 
        United States shall submit to Congress an annual report that 
        assesses the implementation of this Act and the amendments made 
        by this Act.
            (B) Initial report.--Not later than 180 days after the date 
        of enactment of this Act, the Comptroller General shall submit 
        to Congress the first report under subparagraph (A).
            (C) Second annual report.--Not later than 1 year after the 
        date of the initial report required under subparagraph (B), the 
        Comptroller General shall submit to Congress the second report 
        under subparagraph (A), which shall include an assessment of 
        the whistleblower protections provided under section 2105 of 
        the Homeland Security Act of 2002, as added by section 2, and--
                (i) describes the number and type of problems, 
            deficiencies, and vulnerabilities with respect to which 
            reports have been submitted under such section 2105;
                (ii) evaluates the efforts of the Secretary in 
            addressing the problems, deficiencies, and vulnerabilities 
            described in subsection (a)(1) of such section 2105; and
                (iii) evaluates the efforts of the Secretary to inform 
            individuals of their rights, as required under subsection 
            (c) of such section 2105.
            (D) Third annual report.--Not later than 1 year after the 
        date on which the Comptroller General submits the second report 
        required under subparagraph (A), the Comptroller General shall 
        submit to Congress the third report under subparagraph (A), 
        which shall include an assessment of--
                (i) the expedited approval program authorized under 
            section 2102(c)(4) of the Homeland Security Act of 2002, as 
            added by section 2; and
                (ii) the report on the expedited approval program 
            submitted by the Secretary under subparagraph (I)(ii) of 
            such section 2102(c)(4).
SEC. 4. EFFECTIVE DATE; CONFORMING REPEAL.
    (a) Effective Date.--This Act, and the amendments made by this Act, 
shall take effect on the date that is 30 days after the date of 
enactment of this Act.
    (b) Conforming Repeal.--Section 550 of the Department of Homeland 
Security Appropriations Act, 2007 (Public Law 109-295; 120 Stat. 1388), 
is repealed as of the effective date of this Act.
SEC. 5. TERMINATION.
    The authority provided under title XXI of the Homeland Security Act 
of 2002, as added by section 2(a), shall terminate on the date that is 
4 years after the effective date of this Act.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.