CFATS Reauthorization Issue Page

Chemical Facility Anti-Terrorism Standards (CFATS) Reauthorization

CFATS is one of the most successful chemical security programs in existence and helps high-risk chemical facilities protect against terrorist attacks. In July 2020, Congress passed a three-year reauthorization of the program. NACD supports multi-year reauthorization of the CFATS program prior to its 2023 expiration.

Background

The Department of Homeland Security’s (DHS) Chemical Facility Anti-Terrorism Standards (CFATS) program was created in 2007 to help prevent terrorist attacks on high-risk chemical facilities. CFATS requires covered chemical facilities to prepare Security Vulnerability Assessments and implement Site Security Plans that must satisfy the risk-based performance standards outlined in the rule.

NACD Supports:

• Legislation that secures a multi-year reauthorization of the CFATS program prior to its July 27, 2023, expiration;
• Providing industry with the certainty needed to make long-term facility security investments and enabling DHS to run the CFATS program efficiently;
• Ensuring the CFATS program properly protects against security threats at NACD member facilities; and
• Establishing a CFATS Recognition Program, an alternative compliance option to reward participation in industry stewardship programs that further enhance chemical security.

Latest Action

On July 22, 2020, Congress passed S. 4148, reauthorizing the CFATS program for three years, from July 22, 2020, to July 27, 2023. The U.S. Senate Committee on Homeland Security and Governmental Affairs maintains jurisdiction in the Senate. In the U.S. House of Representatives, jurisdiction is shared between the Committee on Homeland Security and the Committee on Energy and Commerce.

NACD Legislative Resources

• NACD Member Company CFATS Letter of Support to Senate – May 2020
• NACD Member Company CFATS Letter of Support to House – May 2020
• CFATS Coalition Letter to Senate HSGAC - January 2020
• CFATS Coalition Letter to House HSC & E&C - January 2020
• 2019 CFATS Reauthorization Policy Paper – March 2019
• CFATS Coalition Letter – February 2019
• CFATS Coalition Letter of Appreciation on H.R. 251 Passage – United States House of Representatives – January 2019
• CFATS Coalition Letter of Appreciate on H.R. 251 Passage – United States Senate – January 2019

NACD Regulatory Resources

• NACD Comments to DHS on CFATS Appendix A – November 2015
• NACD Comments to DHS on CFATS Program - October 2014
• NACD Comments on CFATS Personnel Surety Program - June 2013
• Industry Comments to Office of Management and Budget on DHS CFATS Personnel Surety Program – July 2011
• NACD Testimony before House Environment & Economy Subcommittee on Chemical Security Legislation to Extend CFATS – March 2011

NACD Compliance Resources

• CFATS information to Share with Customers Receiving Chemicals of Interest - March 2018
• DHS Notice on CFATS Retiering – April 2016
• CFATS Alternative Security Program for Chemical Distribution Facilities – December 2015
• CFATS Alternative Security Program with Guide and Instructions – December 2015

NACD Webinars

• Hands on Experience with CFATS Authorization Inspection (AI) Preparation and When is the Alternate Security Program (ASP) a Good Choice? (August 2014)
  • Link to full webinar
  • Link to slides
• CFATS - Tips for Communicating with DHS (October 2010)
  • Link to full webinar
  • Link to webinar slides
• Understanding CFATS - Risk Based Performance Standards to Site Security Plans (October 2009)
  • Link to full webinar
  • Link to slides

For further questions about NACD’s CFATS Reauthorization Issue Page please contact Nicholas Breslin, Coordinator of Government Affairs at nbreslin@nacd.com.