    [United States Statutes at Large, Volume 128, 113th Congress, 2nd Session]
    [From the U.S. Government Publishing Office, www.gpo.gov]

    Public Law 113-254
    113th Congress

    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--

    [[Page 2899]]

    ``(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;

    [[Page 2900]]

    ``(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--

    [[Page 2901]]

    ``(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

    [[Page 2902]]

    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;

    [[Page 2903]]

    ``(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.

    [[Page 2904]]

    ``(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

    [[Page 2905]]

    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).

    [[Page 2906]]

    ``(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

    [[Page 2907]]

    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).

    [[Page 2908]]

    ``(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

    [[Page 2909]]

    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--

    [[Page 2910]]

    ``(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

    [[Page 2911]]

    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

    [[Page 2912]]

    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.

    [[Page 2913]]

    ``(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.

    [[Page 2914]]

    ``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

    [[Page 2915]]

    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.

    [[Page 2916]]

    ``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:

    [[Page 2917]]

    ``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)

    [[Page 2918]]

    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.

    [[Page 2919]]

    (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.

    Approved December 18, 2014.

    LEGISLATIVE HISTORY--H.R. 4007:
    ---------------------------------------------------------------------------

    HOUSE REPORTS: No. 113-491, Pt. 1 (Comm. on Homeland Security).
    SENATE REPORTS: No. 113-263 (Comm. on Homeland Security and Governmental
    Affairs).
    CONGRESSIONAL RECORD, Vol. 160 (2014):
    July 8, considered and passed House.
    Dec. 10, considered and passed Senate, amended.
    Dec. 11, House concurred in Senate amendment.