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.
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.
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.
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.”
The Department of Homeland Security (DHS) published its semiannual regulatory agenda to provide the public with information about DHS regulatory activities and invite comments on any aspect of the agenda.
The U.S. Government Accountability Office (GAO) recently issued a report titled Chemical Terrorism – A Strategy and Implementation Plan Would Help DHS Better Manage Fragmented Chemical Defense Programs and Activities.
The comment period for Chemical Facility Anti-Terrorism Standards (CFATS) Personnel Surety Program (PSP) Information Collection Request (ICR) to expand the CFATS PSP to Tier 3 and 4 high-risk chemical facilities closed on July 18, 2018.