The Department of Homeland Security (DHS) has published its Semiannual Regulatory Agenda of projected regulations, existing regulations, and completed actions.
News Related to CFATS
After passing both the Senate and House of Representatives, the President has signed legislation reauthorizing the Department of Homeland Security’s (DHS’s) Chemical Facility Anti-Terrorism Standards (CFATS) program for three years.
The Transportation Security Administration (TSA) has submitted a request to the Office of Management and Budget (OMB) to extend the public comment period for the Transportation Worker Identification Credential (TWIC) program.
The Cybersecurity and Infrastructure Security Agency (CISA) has made available a retrospective analysis of the data, assumptions, and methodology used to support the Chemical Facility Anti-Terrorism Standards (CFATS) program.
The Department of Homeland Security (DHS) has made its 2020 annual inflation adjustment to civil monetary penalties.
The U.S. Government Accountability Office (GAO) published a report titled Actions Needed to Enhance DHS Oversight of Cybersecurity at High-Risk Chemical Facilities.
As part of the bi-partisan Coronavirus Aid, Relief, and Economic Security (CARES) Act passed on March 27, 2020, the Chemical Facility Anti-Terrorism (CFATS) program was extended for an additional three months and one week.
The Department of Homeland Security’s Cybersecurity and Infrastructure Security Agency (CISA) published its Chemical Security Quarterly for the first quarter of 2020.
Citing 6 CFR § 27.210, which directs Tier 1 and Tier 2 facilities to submit an updated Top-Screen every two years and Tier 3 and Tier 4 facilities to submit an updated Top-Screen every three years, DHS has started issuing Top-Screen Resubmission Letters, via the Chemical Security Assessment Tool.
To date, DHS has received more than 94,000 Top-Screen submissions from more than 42,000 unique facilities. There are 3,316 CFATS-regulated facilities in the program.
DHS continues to implement the CFATS PSP requirement (i.e., implementation of measures designed to identify people with terrorist ties as part of a CFATS-required background check) at Tier 3 and Tier 4 facilities in a phased approach.
As reiterated most recently in its 2019 CFATS Outreach and Implementation Plan, DHS is actively pursuing CFATS “outliers” by cross-walking CFATS Top-Screen data with Environmental Protection Agency (EPA) Risk Management Program (RMP) data (among other sources).
With the Chemical Facility Anti-Terrorism Standards (CFATS) program set to officially sunset in April 2020, a hearing was held on September 11, 2019, before the House Energy and Commerce Committee regarding the status of the program.
The Office of Management and Budget has approved the Cybersecurity and Infrastructure Security Agency’s (CISA’s) Information Collection Request which authorizes CISA to implement the Chemical Facility Anti-Terrorism Standards (CFATS) Personnel Surety Program (PSP) for all covered chemical facilities, to include Tier 3 and Tier 4 facilities.
In a recent Federal Register publication, the Department of Homeland Security (DHS) provided figures on its ongoing outreach initiative to identify “outlier” facilities.
Effective April 5, 2019, the new maximum civil penalty for non-compliance with Chemical Facility Anti-Terrorism Standards (CFATS) regulations is $34,871 per day.
The U.S. Government Accountability Office (GAO) has published a report on the Chemical Facility Anti-Terrorism Standards (CFATS) titled, “Progress and Challenges in DHS’s Management of Its Chemical Facility Security Program.”
DHS has issued a 60-Day Notice and Request for Comments on the renewal the CSAT’s information collection requirements.
On January 18, 2019, President Trump signed the Chemical Facility Anti-Terrorism Standards Program Extension Act into law, which extended the CFATS program for 15 months.
Congress has provided a short-term extension to the Chemical Facility Anti-Terrorism Standards (CFATS) program via a Continuing Resolution (CR).