Current program authorization will expire on July 27, 2023, absent congressional action. As Congress considers reauthorization of CFATS, it may consider risk methodology issues, available oversight options, and whether current program authorities should be extended, modified, or allowed to expire. Some industry stakeholders and members of the scientific research community have proposed modifications and alternatives, or called for greater oversight of the risk methodology development process. This model has been widely used within DHS and the broader homeland security enterprise for decades, but has also bee n criticized on conceptual and methodological grounds. The Department of Homeland Security (DHS), which administers CFATS through the Cybersecurity and Infrastructure Security Agency (CISA), designed program rules and security requirements in reference to a basic risk model, which defines risk as a function of threat, vulnerability, and potential consequence (TVC). Sub-optimal risk methodologies may impose needless regulatory burdens on some stakeholders or fail to protect the public as well as intended. However, other Members, as well as some researchers and industry stakeholders, have raised concerns about the program, including questions about the risk assessment methodology used to inform CFATS regulatory activities and cost- benefit analyses. Several major industry groups hav e signaled support for CFATS extension. Some Members have introduced legislation in t he House and Senate that would provide a long-term extension of existing authorities. JThe Chemical Facility Anti-Terrorism Standards (CFATS) program imposes security requirements on certain facilities that manufacture, process, or store chemicals of interest-i.e., chemicals that bad actors might steal, divert, or exploit for nefarious purposes, including terrorism. INSIGHTi Chemical Security: Regulatory Implications of Terrorism Risk Assessment Methodology
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