1. (a) General authority The Secretary may, in accordance with chapter 5 of title 5, promulgate regulations or amend existing CFATS regulations to implement the provisions under this subchapter.

2. (b) Existing CFATS regulations

   1. (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. (2) Repeal Not later than 30 days after December 18, 2014, the Secretary shall repeal any existing CFATS regulation that the Secretary determines is duplicative of, or conflicts with, this subchapter.

3. (c) Authority The Secretary shall exclusively rely upon authority provided under this subchapter in—

   1. (1) determining compliance with this subchapter;
   2. (2) identifying chemicals of interest; and
   3. (3) determining security risk associated with a chemical facility.

(Pub. L. 107–296, title XXI, § 2107, as added Pub. L. 113–254, § 2(a), Dec. 18, 2014, 128 Stat. 2916.)

Termination of Section

For termination of section by section 5 of Pub. L. 113–254, see Effective and Termination Dates note below.

Editorial Notes

References in Text

Section 4(b) of the Protecting and Securing Chemical Facilities from Terrorist Attacks Act of 2014, referred to in subsec. (b)(1), is section 4(b) of Pub. L. 113–254, Dec. 18, 2014, 128 Stat. 2919, which repealed section 550 of Pub. L. 109–295, formerly set out as a Regulations note under section 121 of this title, effective as of the date that is 30 days after Dec. 18, 2014.

Statutory Notes and Related Subsidiaries

Effective and Termination Dates

Section effective on the date that is 30 days after Dec. 18, 2014, and authority provided under this section to terminate on July 27, 2023, see sections 4(a) and 5 of Pub. L. 113–254, set out as notes under section 621 of this title.