[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 3405 Introduced in Senate (IS)]

<DOC>






115th CONGRESS
  2d Session
                                S. 3405

 To reauthorize the Chemical Facility Anti-Terrorism Standards Program 
                of the Department of Homeland Security.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 4, 2018

  Mr. Johnson introduced the following bill; which was read twice and 
referred to the Committee on Homeland Security and Governmental Affairs

_______________________________________________________________________

                                 A BILL


 
 To reauthorize the Chemical Facility Anti-Terrorism Standards Program 
                of the Department of Homeland Security.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Protecting and 
Securing Chemical Facilities from Terrorist Attacks Act of 2018''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
Sec. 3. Risk-based performance standards.
Sec. 4. Expedited approval program.
Sec. 5. CFATS Recognition Program.
Sec. 6. Frequency of audits and inspections.
Sec. 7. Personnel surety program.
Sec. 8. Security risk assessment approach and corresponding tiering 
                            methodology.
Sec. 9. Annual performance reporting.
Sec. 10. CFATS regulations.
Sec. 11. Small covered chemical facilities.
Sec. 12. Explosive materials.
Sec. 13. Changes in Appendix A to part 27 of title 6, Code of Federal 
                            Regulations.
Sec. 14. Assessment, report, briefing, and updated retrospective 
                            estimate on costs.
Sec. 15. Effective date.
Sec. 16. Termination.
Sec. 17. Technical and conforming amendment.

SEC. 2. DEFINITIONS.

    Section 2101 of the Homeland Security Act of 2002 (6 U.S.C. 621) is 
amended--
            (1) in paragraph (2)(A), by striking ``, or that the 
        Secretary has a reasonable basis to believe holds,''; and
            (2) in paragraph (8), by striking ``section 
        2102(c)(4)(B)(i)'' and inserting ``section 2102(c)(4) by the 
        Secretary that identifies specific security measures that are 
        sufficient to meet the risk-based performance standards for 
        facilities in tiers 3 and 4 that elect to utilize the expedited 
        approval program''.

SEC. 3. RISK-BASED PERFORMANCE STANDARDS.

    Section 2102 of the Homeland Security Act of 2002 (6 U.S.C. 622) is 
amended--
            (1) in subsection (a)--
                    (A) in paragraph (2)(C), by inserting ``, evaluate, 
                and maintain'' after ``establish''; and
                    (B) by adding at the end the following:
            ``(3) Limitation.--The risk-based performance standards 
        established under paragraph (2)(C) shall not include any 
        standard relating to cybersecurity.'';
            (2) in subsection (b)(2)--
                    (A) by striking ``at least'' and inserting ``not 
                less than'';
                    (B) by inserting ``not less than'' before ``1 
                employee representative''; and
                    (C) by striking ``as pertains'' and inserting 
                ``pertaining''; and
            (3) in subsection (c)(3), by striking subparagraph (B) and 
        inserting the following:
                    ``(B) Previously approved plans.--The Secretary may 
                not require a covered chemical facility to resubmit a 
                site security plan--
                            ``(i) in the case of a covered chemical 
                        facility for which the Secretary approved the 
                        site security plan before the date of enactment 
                        of the Protecting and Securing Chemical 
                        Facilities from Terrorist Attacks Act of 2014 
                        (Public Law 113-254; 128 Stat. 2898), solely by 
                        reason of the enactment of that Act; or
                            ``(ii) in the case of a covered chemical 
                        facility for which the Secretary approved the 
                        site security plan before the date of enactment 
                        of the Protecting and Securing Chemical 
                        Facilities from Terrorist Attacks Act of 2018, 
                        solely by reason of the enactment of that Act 
                        or any amendment made by that Act.''.

SEC. 4. EXPEDITED APPROVAL PROGRAM.

    Section 2102(c)(4) of the Homeland Security Act of 2002 (6 U.S.C. 
622(c)(4)) is amended--
            (1) in subparagraph (A)(i), by striking ``subparagraph 
        (C)'' and inserting ``subparagraph (C)(i)'';
            (2) in subparagraph (B)--
                    (A) in clause (i), by striking ``Not later than'' 
                and all that follows through ``the Secretary shall 
                issue'' and inserting ``The Secretary shall maintain''; 
                and
                    (B) by striking clause (iii);
            (3) in subparagraph (C)--
                    (A) in clause (iii), by redesignating subclauses 
                (I) through (III) as items (aa) through (cc), 
                respectively, and adjusting the margins accordingly;
                    (B) by redesignating clauses (i) through (viii) as 
                subclauses (I) through (VIII), respectively, and 
                adjusting the margins accordingly;
                    (C) in the matter preceding subclause (I), as so 
                redesignated, by striking ``The owner'' and inserting 
                the following:
                            ``(i) In general.--The owner''; and
                    (D) by adding at the end the following:
                            ``(ii) Risk-based performance standards.--
                        In submitting a site security plan and 
                        certification under subparagraph (A)(i), an 
                        owner or operator of an expedited approval 
                        facility should consider using the guidance for 
                        expedited approval facilities to determine 
                        appropriate measures for the site security plan 
                        of the expedited approval facility.'';
            (4) in subparagraph (D)--
                    (A) in clause (i), by striking ``subparagraph (C)'' 
                and inserting ``subparagraph (C)(i)''; and
                    (B) in clause (iii)--
                            (i) by striking ``30'' and inserting ``7''; 
                        and
                            (ii) by striking ``subparagraph (C)'' and 
                        inserting ``subparagraph (C)(i)'';
            (5) in subparagraph (F)(i)(I), by striking ``subparagraph 
        (C)'' and inserting ``subparagraph (C)(i)''; and
            (6) by striking subparagraph (I) and inserting the 
        following:
                    ``(I) Notice by the secretary.--The Secretary shall 
                provide notice to each covered chemical facility of the 
                expedited approval program under this paragraph.''.

SEC. 5. CFATS RECOGNITION PROGRAM.

    Section 2102(c) of the Homeland Security Act of 2002 (6 U.S.C. 
622(c)) is amended by adding the following at the end:
            ``(5) CFATS recognition program.--
                    ``(A) Definitions.--In this paragraph--
                            ``(i) the term `CFATS Recognition Program' 
                        means the program established under 
                        subparagraph (B);
                            ``(ii) the term `industry stewardship 
                        program' means an industry stewardship program 
                        that provides regulatory recognition to covered 
                        chemical facilities that meet industry best 
                        practices;
                            ``(iii) the term `participating facility' 
                        means a covered chemical facility that is a 
                        member of an industry stewardship program; and
                            ``(iv) the term `sponsor organization' 
                        means the governing body of an industry 
                        stewardship program.
                    ``(B) Establishment.--
                            ``(i) In general.--Not later than 180 days 
                        after the date of enactment of this paragraph, 
                        the Secretary shall establish a program that 
                        shall be known as the CFATS Recognition 
                        Program--
                                    ``(I) with the goal of leveraging 
                                CFATS regulations and industry 
                                stewardship programs to further enhance 
                                security relating to hazardous 
                                chemicals; and
                                    ``(II) under which the Secretary 
                                shall--
                                            ``(aa) establish--

                                                    ``(AA) eligibility 
                                                criteria under 
                                                subparagraph (C)(i) for 
                                                industry stewardship 
                                                programs seeking to 
                                                participate in the 
                                                CFATS Recognition 
                                                Program; and

                                                    ``(BB) performance 
                                                requirements under 
                                                subparagraph (C)(ii) 
                                                for participating 
                                                facilities; and

                                            ``(bb) provide incentives 
                                        under subparagraph (C)(iii) to 
                                        encourage participation in the 
                                        CFATS Recognition Program.
                            ``(ii) Applicability of other laws.--During 
                        the period before the Secretary has met the 
                        deadline under clause (i), in developing and 
                        issuing, or amending, the guidance relating to 
                        carrying out the CFATS Recognition Program and 
                        collecting information from industry 
                        stewardship programs, sponsor organizations, 
                        and participating 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 
                                Act.
                    ``(C) Eligibility criteria; facility performance 
                requirements; incentives.--
                            ``(i) Eligibility criteria for industry 
                        stewardship programs.--Not later than 180 days 
                        after the date of enactment of this paragraph, 
                        the Secretary shall establish minimum 
                        eligibility criteria for industry stewardship 
                        programs desiring to be considered by the 
                        Secretary for participation in the CFATS 
                        Recognition Program that shall include--
                                    ``(I) a requirement that any 
                                industry stewardship program desiring 
                                to participate in the CFATS Recognition 
                                Program be governed by an industry 
                                association or technical organization 
                                that is an entity described in 
                                paragraph (3) or (6) of section 501(c) 
                                of the Internal Revenue Code of 1986;
                                    ``(II) a documented top management 
                                commitment to chemical facility 
                                security; and
                                    ``(III) criteria relating to--
                                            ``(aa) program auditing 
                                        requirements and frequency;
                                            ``(bb) security 
                                        vulnerability assessment 
                                        requirements and frequency;
                                            ``(cc) security measures, 
                                        including--

                                                    ``(AA) detection 
                                                measures;

                                                    ``(BB) delay 
                                                measures;

                                                    ``(CC) response 
                                                measures; and

                                                    ``(DD) security 
                                                management; and

                                            ``(dd) reporting required 
                                        to be done by any industry 
                                        stewardship program desiring to 
                                        participate in the CFATS 
                                        Recognition Program.
                            ``(ii) Performance requirements for 
                        participating facilities.--Not later than 180 
                        days after the date of enactment of this 
                        paragraph, the Secretary shall require that 
                        each participating facility--
                                    ``(I) submit an acknowledgment by 
                                the sponsor organization of the 
                                industry steward program, of which the 
                                participating facility is a member, 
                                that the participating facility is--
                                            ``(aa) a member in good 
                                        standing of the industry 
                                        stewardship program; and
                                            ``(bb) in full compliance 
                                        with the requirements of the 
                                        industry stewardship program;
                                    ``(II) assess any security 
                                vulnerability of the participating 
                                facility using a formal recognized 
                                methodology--
                                            ``(aa) in the initial 
                                        security vulnerability 
                                        assessment of the participating 
                                        facility;
                                            ``(bb) not less than every 
                                        3 years after the initial 
                                        security vulnerability 
                                        assessment of the participating 
                                        facility; and
                                            ``(cc) if there is a 
                                        significant change to the 
                                        security measures of the 
                                        participating facility; and
                                    ``(III) develop and maintain a site 
                                security plan that--
                                            ``(aa) addresses any 
                                        security vulnerability of the 
                                        participating facility; and
                                            ``(bb) includes security 
                                        measures, including--

                                                    ``(AA) detection 
                                                measures;

                                                    ``(BB) delay 
                                                measures;

                                                    ``(CC) response 
                                                measures; and

                                                    ``(DD) security 
                                                management.

                            ``(iii) Program incentives.--Not later than 
                        180 days after the date of enactment of this 
                        paragraph, the Secretary shall--
                                    ``(I) establish incentives for 
                                participation in the CFATS Recognition 
                                Program, which shall include--
                                            ``(aa) a reduction of the 
                                        Chemical Facility Anti-
                                        Terrorism Standards Program 
                                        risk tier level at which a 
                                        participating facility is 
                                        currently tiered;
                                            ``(bb) a reduction in the 
                                        frequency of compliance 
                                        inspections;
                                            ``(cc) streamlined 
                                        vulnerability assessment and 
                                        site security plan processes; 
                                        and
                                            ``(dd) any other regulatory 
                                        relief as determined 
                                        appropriate by the Secretary; 
                                        and
                                    ``(II) provide written guidance on 
                                any incentive established under 
                                subclause (I).
                    ``(D) Implementation.--
                            ``(i) Applications.--An industry 
                        stewardship program desiring to participate in 
                        the CFATS Recognition Program shall submit an 
                        application to the Secretary that contains 
                        information relating to--
                                    ``(I) the industry stewardship 
                                program submitting the application and 
                                the sponsor organization of the 
                                industry stewardship program;
                                    ``(II) each participating facility 
                                that is a member of the industry 
                                stewardship program; and
                                    ``(III) whether the industry 
                                stewardship program meets the 
                                eligibility requirements under 
                                subparagraph (C)(i).
                            ``(ii) Determination.--
                                    ``(I) In general.--Not later than 
                                60 days after the date on which the 
                                Secretary receives an application 
                                submitted under clause (i), the 
                                Secretary shall--
                                            ``(aa) make a determination 
                                        as to whether the industry 
                                        stewardship program is eligible 
                                        to participate in the CFATS 
                                        Recognition Program; and
                                            ``(bb) notify the industry 
                                        stewardship program of the 
                                        determination.
                                    ``(II) Notification relating to 
                                denial.--If the Secretary denies an 
                                application submitted under clause (i), 
                                in the notification of the 
                                determination under subclause (I)(bb), 
                                the Secretary shall include--
                                            ``(aa) a statement of each 
                                        reason for the denial; and
                                            ``(bb) any action that may 
                                        be taken by the applicant to 
                                        qualify the applicant for 
                                        participation in the CFATS 
                                        Recognition Program.
                                    ``(III) Revised applications.--Not 
                                later than 60 days after the date on 
                                which an applicant receives a 
                                notification of denial under subclause 
                                (II), the applicant may submit a 
                                revised application.
                    ``(E) Evaluation.--Not later than 18 months after 
                the date of enactment of this paragraph, the Secretary 
                shall provide a briefing to the Committee on Homeland 
                Security and Governmental Affairs of the Senate and the 
                Committees on Homeland Security and Energy and Commerce 
                of the House of Representatives on the progress in 
                carrying out the CFATS Recognition Program.''.

SEC. 6. FREQUENCY OF AUDITS AND INSPECTIONS.

    Section 2102(d)(1) of the Homeland Security Act of 2002 (6 U.S.C. 
622(d)(1)) is amended--
            (1) in subparagraph (B), by striking ``The Secretary'' and 
        inserting ``Subject to subparagraph (G), the Secretary''; and
            (2) by adding at the end the following:
                    ``(G) Frequency of audits and inspections.--
                            ``(i) In general.--Except as provided in 
                        clause (ii), the Secretary may not conduct any 
                        audit or inspection under this paragraph of a 
                        covered chemical facility more frequently than 
                        once every 2 years.
                            ``(ii) CFATS recognition program.--In the 
                        case of a covered chemical facility that 
                        participates in the CFATS Recognition Program 
                        under subsection (c)(5) and meets compliance, 
                        audit, and inspection requirements under that 
                        program, the Secretary may not conduct any 
                        audit or inspection under this paragraph of 
                        that covered chemical facility more frequently 
                        than once every 3 years.''.

SEC. 7. PERSONNEL SURETY PROGRAM.

    Section 2102(d)(2)(A) of the Homeland Security Act of 2002 (6 
U.S.C. 622(d)(2)(A)) is amended--
            (1) in the matter preceding clause (i), by inserting ``is 
        mandatory for each owner or operator of a covered chemical 
        facility assigned to tier 1 or 2 and optional for each owner or 
        operator of a covered chemical facility assigned to tier 3 or 
        tier 4 that'' after ``carry out a Personnel Surety Program 
        that''; and
            (2) in clause (ii), by inserting ``who will have access to 
        any chemical of interest designated under Appendix A to part 27 
        of title 6, Code of Federal Regulations, or any successor 
        thereto,'' after ``about an individual''.

SEC. 8. SECURITY RISK ASSESSMENT APPROACH AND CORRESPONDING TIERING 
              METHODOLOGY.

    Section 2102(e) of the Homeland Security Act of 2002 (6 U.S.C. 
622(e)) is amended--
            (1) in paragraph (2)(A), by striking ``develop'' and 
        inserting ``maintain''; and
            (2) in paragraph (3)--
                    (A) in subparagraph (B)--
                            (i) by striking the period at the end and 
                        inserting ``, including--''; and
                            (ii) by adding at the end the following:
                            ``(i) each input and assumption under the 
                        tiering methodology;
                            ``(ii) the rational for each input; and
                            ``(iii) the output of the tiering 
                        methodology.''; and
                    (B) by adding at the end the following:
                    ``(C) Reports.--Not later than 14 days after the 
                Secretary makes a determination that tiering for a 
                covered chemical facility is changed, or that a covered 
                chemical facility is no longer subject to the 
                requirements under this title, the Secretary shall 
                submit to the owner or operator of the covered chemical 
                facility a written report that contains--
                            ``(i) the information described in 
                        subparagraphs (A) and (B); and
                            ``(ii) a statement of the criteria under 
                        paragraph (2)(B) and how the security risk of 
                        terrorism associated with the covered chemical 
                        facility was evaluated under those criteria.''.

SEC. 9. ANNUAL PERFORMANCE REPORTING.

    Section 2102(e)(4) of the Homeland Security Act of 2002 (6 U.S.C. 
622(e)(4)) is amended--
            (1) in the paragraph heading, by striking ``Semiannual'' 
        and inserting ``Annual'';
            (2) in the matter preceding subparagraph (A)--
                    (A) by striking ``6 months after the date'' and 
                inserting ``1 year after the date'';
                    (B) by striking ``2014'' and inserting ``2018''; 
                and
                    (C) by striking ``once every 6 months'' and 
                inserting ``once each year'';
            (3) by striking subparagraph (C);
            (4) by redesignating subparagraph (D) as subparagraph (C);
            (5) by inserting after subparagraph (C), as so 
        redesignated, the following:
                    ``(D) the effectiveness of the Chemical Facility 
                Anti-Terrorism Standards Program at--
                            ``(i) managing security risks; and
                            ``(ii) developing and using appropriate 
                        metrics and analysis capabilities to measure 
                        risk reduction, including--
                                    ``(I) vulnerability and consequence 
                                mitigation indicators; and
                                    ``(II) outcome metrics that measure 
                                cumulative risk reduction over time; 
                                and'';
            (6) by striking subparagraph (E); and
            (7) by redesignating subparagraph (F) as subparagraph (E).

SEC. 10. CFATS REGULATIONS.

    Section 2107(b) of the Homeland Security Act of 2002 (6 U.S.C. 
627(b)) is amended--
            (1) in paragraph (1), by inserting ``(Public Law 113-254; 
        128 Stat. 2919)'' after ``2014''; and
            (2) in paragraph (2), by striking ``2014'' and inserting 
        ``2018''.

SEC. 11. SMALL COVERED CHEMICAL FACILITIES.

    Section 2108 of the Homeland Security Act of 2002 (6 U.S.C. 628) is 
amended--
            (1) in subsection (b)--
                    (A) by striking ``tools, methodologies, or computer 
                software'' and inserting ``tools and methodologies''; 
                and
                    (B) by striking ``cybersecurity,''; and
            (2) by striking subsection (c).

SEC. 12. EXPLOSIVE MATERIALS.

    (a) In General.--Title XXI of the Homeland Security Act of 2002 (6 
U.S.C. 621 et seq.) is amended by striking section 2109 (6 U.S.C. 629) 
and inserting the following:

``SEC. 2109. EXPLOSIVE MATERIALS.

    ``The Secretary may not designate any explosive material subject to 
regulation by the Department of Justice under chapter 40 of title 18, 
United States Code, or by the Bureau of Alcohol, Tobacco, Firearms, and 
Explosives under part 555 of title 27, Code of Federal Regulations, as 
a chemical of interest under Appendix A to part 27 of title 6, Code of 
Federal Regulations.''.
    (b) Technical and Conforming 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 striking the item relating to section 
2109 and inserting the following:

``Sec. 2109. Explosive materials.''.

SEC. 13. CHANGES IN APPENDIX A TO PART 27 OF TITLE 6, CODE OF FEDERAL 
              REGULATIONS.

    (a) In General.--Title XXI of the Homeland Security Act of 2002 (6 
U.S.C. 621 et seq.), as amended by section 12 of this Act, is amended 
by adding at the end the following:

``SEC. 2110. CHANGES IN APPENDIX A TO PART 27 OF TITLE 6, CODE OF 
              FEDERAL REGULATIONS.

    ``(a) Definition.--In this section, the term `Appendix A' means 
Appendix A to part 27 of title 6, Code of Federal Regulations, or any 
successor thereto.
    ``(b) Notice of Proposed Rulemaking.--The Secretary shall publish a 
notice of proposed rulemaking in the Federal Register relating to any 
proposed change to Appendix A if the Secretary determines that--
            ``(1) a chemical should be designated as a chemical of 
        interest under Appendix A;
            ``(2) a chemical designated as a chemical of interest under 
        Appendix A should not be so designated; or
            ``(3) a chemical amount, concentration, or threshold 
        quantity described in Appendix A should be modified.''.
    (b) Technical and Conforming 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 inserting after the item relating to 
section 2109 the following:

``Sec. 2110. Changes in Appendix A to part 27 of title 6, Code of 
                            Federal Regulations.''.

SEC. 14. ASSESSMENT, REPORT, BRIEFING, AND UPDATED RETROSPECTIVE 
              ESTIMATE ON COSTS.

    (a) Definitions.--In this section--
            (1) the term ``applicable committee'' means--
                    (A) the Committee on Homeland Security and 
                Governmental Affairs of the Senate;
                    (B) the Committee on Homeland Security of the House 
                of Representatives; and
                    (C) the Committee on Energy and Commerce of the 
                House of Representatives;
            (2) the terms ``CFATS regulation'' and ``covered chemical 
        facility'' have the meanings given those terms in section 2101 
        of the Homeland Security Act of 2002 (6 U.S.C. 621);
            (3) 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; 120 Stat. 1355); and
                    (B) the Chemical Facility Anti-Terrorism Standards 
                Program subsequently authorized under section 2102(a) 
                of the Homeland Security Act of 2002 (6 U.S.C. 622(a));
            (4) the term ``Department'' means the Department of 
        Homeland Security;
            (5) the term ``inspector'' means an individual used by the 
        Department as an inspector for purposes of ensuring compliance 
        with title XXI of the Homeland Security Act of 2002 (6 U.S.C. 
        621 et seq.); and
            (6) the term ``Secretary'' means the Secretary of Homeland 
        Security.
    (b) Third-Party Assessment.--
            (1) In general.--Not later than 90 days after the date of 
        enactment of this Act, using amounts appropriated to the 
        Department before the date of enactment of this Act, the 
        Secretary shall commission a third-party study, which shall be 
        completed not later than 1 year after the date on which the 
        third-party study is commissioned, to assess the effectiveness 
        of the Chemical Facility Anti-Terrorism Standards Program in--
                    (A) managing security risks; and
                    (B) developing and using appropriate metrics and 
                analysis capabilities to measure risk reduction, 
                including--
                            (i) vulnerability and consequence 
                        mitigation indicators; and
                            (ii) outcome metrics that measure 
                        cumulative risk reduction over time.
            (2) Briefing and submission of study.--Not later than 90 
        days after the date on which the third-party study described in 
        paragraph (1) is completed, the Secretary shall--
                    (A) brief each applicable committee on the results 
                of the third-party study; and
                    (B) submit a copy of the completed third-party 
                study to each applicable committee.
    (c) GAO Report.--Not later than 2 years after the date of enactment 
of this Act, the Comptroller General of the United States shall submit 
to each applicable committee a report on inspector training that 
contains recommendations for improving inspector training, including 
recommendations relating to--
            (1) how the Department selects inspectors;
            (2) initial training required for inspectors before the 
        inspectors are selected by the Department to be used to conduct 
        inspections;
            (3) qualification standards required to be met by 
        inspectors before they are selected by the Department to be 
        used to conduct inspections;
            (4) on-the-job training required for inspectors and how 
        that training is documented;
            (5) final qualification and approval standards required to 
        be met by inspectors before the inspectors are initially used 
        by the Department to conduct inspections;
            (6) continuing qualification standards required to be met 
        by inspectors while the inspectors are used by the Department 
        to conduct inspections; and
            (7) continuous training required for inspectors while the 
        inspectors are used by the Department to conduct inspections.
    (d) Annual Briefing.--Not later than 1 year after the date of 
enactment of this Act, and each year thereafter for 5 years, the 
Secretary shall brief each applicable committee on the activities 
carried out under this section and under title XXI of the Homeland 
Security Act of 2001 (6 U.S.C. 621 et seq.) that shall include--
            (1) detailed information relating to--
                    (A) as of the date on which the briefing is made--
                            (i) threats to covered chemical facilities; 
                        and
                            (ii) how chemicals of interest are being 
                        utilized by bad actors in the threat 
                        environment--
                                    (I) in the United States; and
                                    (II) globally;
                    (B) how CFATS regulations play a role in making the 
                United States safer; and
                    (C) how the Chemical Facility Anti-Terrorism 
                Standards Program is effectively addressing the threat 
                landscape; and
            (2) data, rationale, and metrics on how the Chemical 
        Facility Anti-Terrorism Standards Program effectively reduces 
        risks.
    (e) Updated Retrospective Estimate on Costs.--Not later than 1 year 
after the date of enactment of this Act, the Secretary shall complete a 
retrospective estimate of the costs, including costs to the Government, 
regulated entities, and the public, of carrying out the Chemical 
Facility Anti-Terrorism Standards Program during the period beginning 
on the first day of fiscal year 2006 and ending on the last day of 
fiscal year 2018.
    (f) Repeal.--Section 3 of the Protecting and Securing Chemical 
Facilities from Terrorist Attacks Act of 2014 (Public Law 113-254; 128 
Stat. 2917) is repealed.

SEC. 15. 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.

SEC. 16. TERMINATION.

    The authority provided under title XXI of the Homeland Security Act 
of 2002 (6 U.S.C. 621 et seq.), as amended by this Act, shall terminate 
on the date that is 5 years after the date of enactment of this Act.

SEC. 17. TECHNICAL AND CONFORMING 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, in the item 
relating to section 2103, by striking the em dash at the end.
                                 <all>