Roberts Law Group News

DHS “Outlier” Outreach Initiative

In a recent Federal Register publication, the Department of Homeland Security (DHS) provided figures on its ongoing outreach initiative to identify “outlier” facilities.
In the May 7, 2019, Federal Register, DHS stated that its Infrastructure Security Division, within the Cybersecurity and Infrastructure Security Agency (CISA), completes approximately 1,920 Compliance Inspections at individual Chemical Facility Anti-Terrorism Standards (CFATS)-regulated facilities per year. CISA estimates that approximately 44%, or 845, of these facilities ship Chemicals of Interest (COIs) and were asked to voluntarily provide DHS with information on their COI shipments. Of the 845 facilities, approximately 15 provided DHS with information on their COI shipments.
From these 15 facilities, CISA received information on 172 facilities that had not previously submitted Top-Screens and is currently working with those facilities to determine if they are required to do so. As of February 2019, from the 172 identified facilities, CISA had received 27 Top-Screens, of which 18 were subsequently determined to be high-risk (i.e., 66%).  

CISA indicated that it will continue to ask facilities that ship or receive COIs to voluntarily supply customer and suppliers lists to help it identify “outlier” facilities.