Review - Fall 2021 Unified Agenda – DHS

On Friday, the Biden Administration published the Fall 2021 Unified Agenda. The Unified Agenda lays out the major regulatory measures that the Administration is considering taking action on over the next year. The listing of a rulemaking or the estimated action dates associated with a rulemaking are aspirational at best and no guarantee of agency action.

DHS Rulemakings

The DHS portion of the UA lists 89 rulemakings, eight of which will be covered here in this blog if/when any actions are taken on them. The table below shows those eight rulemakings.

OS	Final Rule	Homeland Security Acquisition Regulation: Safeguarding of Controlled Unclassified Information (HSAR Case 2015-001)	1601-AA76
OS	Final Rule	Homeland Security Acquisition Regulation: Information Technology Security Awareness Training (HSAR Case 2015-002)	1601-AA78
OS	Final Rule	Department of Homeland Security Cybersecurity Talent Management System	1601-AA84
USCG	Prerule NEW	Cyber Risk Management in the Commercial Maritime Transportation System	1625-AC77
USCG	Proposed Rule NEW	2021 Liquid Chemical Categorization Updates	1625-AC73
USCG	Final Rule	Operational Risk Assessments for Waterfront Facilities Handling Liquefied Natural Gas as Fuel and Updates to Industry Standards	1625-AC52
TSA	Proposed Rule	Vetting of Certain Surface Transportation Employees	1652-AA69
CISA	Proposed Rule	Ammonium Nitrate Security Program	1670-AA00

Long-Term Actions

There is a separate section of the Unified Agenda for rulemaking actions that are on the minds of agencies, but for which there is no current intention by those agencies to take action, the Long-Term Actions list. Rulemakings move back and forth between the Long-Term Actions list and the main Unified Agenda listing, sometimes without rhyme or reason. There are currently four rulemakings on the DHS list that would be covered here if the agencies were to take action on those rulemakings.

USCG	Identifying Barriers to Autonomous Vessels	1625-AC54
TSA	Surface Transportation Vulnerability Assessments and Security Plans	1652-AA56
TSA	Surface Transportation Cybersecurity Measures (NEW)	1652-AA74
CISA	Chemical Facility Anti-Terrorism Standards (CFATS)	1670-AA01

For more details on the Unified Agenda listings, including description of the new rulemakings that were added, see my article at CFSN Detailed Analysis - https://patrickcoyle.substack.com/p/fall-2021-unified-agenda-dhs - subscription required.