About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline

LOG IN
LOG IN


1 1 (August 28, 2023)

handle is hein.crs/govemtc0001 and id is 1 raw text is: Congressional ____ R .fesearch Service The CFATS Sunset and Its Implications for Chemical Security August 28, 2023 The Chemical Facility Anti-Terrorism Standards (CFATS) program, which regulated covered chemical facilities for security, sunset as of July 28, 2023, after Congress allowed its statutory program authorization to expire. The House passed a bill (H.R. 4470) on a 409-1 vote to extend the authorization for two years. A companion Senate bill (S. 2499) did not advance past introduction, and a motion to consider the House-passed bill was blocked in the Senate on July 26, shortly before the Senate adjourned for fall recess. The Cybersecurity and Infrastructure Security Agency (CISA), the Department of Homeland Security (DHS) agency that administered CFATS, subsequently issued a statement that it had suspended all program activities related to enforcement and compliance assistance. Additionally, requirements for facilities to maintain existing site security plans or programs and to report possession of certain chemicals of interest were suspended. CISA encouraged previously covered chemical facilities to maintain existing security measures, and noted the availability of its resources for adoption of voluntary best practices under the ChemLock initiative, which provides a toolkit of on-site assessments and assistance, exercise packages, on-demand training, and online informational guidance. Absent congressional action to reauthorize CFATS, continuing DHS infrastructure security and resilience activities in the Chemical Sector would rely mainly on voluntary public-private partnerships, as is the case in most other critical infrastructure sectors. Entities formerly covered by CFATS regulations may choose to engage in critical infrastructure security and resilience partnerships, while also maintaining or improving certain security practices and risk mitigation investments. However, they are no longer required to do so. This Insight describes potential changes to chemical security in the wake of CFATS expiration and provides analysis of potential longer-term implications for the Chemical Sector's security posture if CFATS is not reauthorized. It may inform congressional action, whether Congress decides to reinstate CFATS (with or without modifications) or allows the lapse in regulatory authorization to continue indefinitely. Congressional Research Service https://crsreports.congress.gov IN12235 CRS INSIGHT Prepared for Members and Committees of Congress