Chemical Facility Anti-Terrorism Standards (CFATS) Statutes
CFATS Announcement
As of July 28, 2023, Congress has allowed the statutory authority for the Chemical Facility Anti-Terrorism Standards (CFATS) program (6 CFR Part 27) to expire.
Therefore, CISA cannot enforce compliance with the CFATS regulations at this time. This means that CISA will not require facilities to report their chemicals of interest or submit any information in CSAT, perform inspections, or provide CFATS compliance assistance, amongst other activities. CISA can no longer require facilities to implement their CFATS Site Security Plan or CFATS Alternative Security Program.
CISA encourages facilities to maintain security measures. CISA’s voluntary ChemLock resources are available on the ChemLock webpages.
If CFATS is reauthorized, CISA will follow up with facilities in the future. To reach us, please contact CFATS@hq.dhs.gov.
These are the laws and statutes authorizing the Chemical Facility Anti-Terrorism Standards (CFATS) program.
An Act to extend the Chemical Facility Anti-Terrorism Standards Program of the Department of Homeland Security, and for other purposes, Pub L. No. 116-150.
Enacted on July 22, 2020. An act that extends the CFATS program to July 27, 2023. The bill amended Section 5 of the Protecting and Securing Chemical Facilities from Terrorist Attacks Act of 2014 (Pub. L. No. 113-254).
Coronavirus Aid, Relief, and Economic Security Act (CARES Act), Pub L. 116-136.
Enacted on March 27, 2020. A provision included in the CARES Act extended the CFATS program to July 23, 2020. That provision amended Section 5 of the Protecting and Securing Chemical Facilities from Terrorist Attacks Act of 2014 (Pub. L. No. 113-254).
Chemical Facility Anti-Terrorism Standards Program Extension Act, Pub. L. No. 116-2.
Enacted on January 18, 2019. An act to extend the CFATS program by 15 months. The bill amended Section 5 of the Protecting and Securing Chemical Facilities from Terrorist Attacks Act of 2014 (Pub. L. No. 113-254).
Protecting and Securing Chemical Facilities from Terrorist Attacks Act of 2014, Pub. L. No. 113-254.
Enacted on December 18, 2014. An Act of Congress to reauthorize and codify the CFATS program (6 U.S.C. §§ 621-29). This legislation laid the foundation for the continued maturation of the CFATS program, adding new provisions while preserving most of the existing regulation. It also established an Expedited Approval Program, which allows chemical facilities in Tiers 3 and 4 to move to an approved site security plan more quickly. This authority replaces Section 550 of the Department of Homeland Security Appropriations Act of 2007.
Department of Homeland Security Appropriations Act of 2007, Pub. L. No. 109-295.
Enacted on October 4, 2006. Section 550 of the Act mandated that the Secretary of the Department of Homeland Security promulgate "interim final regulations establishing risk-based performance standards for security of chemical facilities" within six months of the enactment of the Act. This Act also mandated the development of vulnerability assessments, as well as the development and implementation of site security plans for high-risk chemical facilities. The CFATS rule was promulgated to fulfill the requirements of this Act.