Thursday, December 29, 2022

Review - CFATS and the 118th Congress

There has been a lot of discussion in the press about the legislative agenda facing a narrowly divided 118th Congress. The normal slew of spending bills and authorization bills are going to be hard enough for a Republican (mostly) House to craft in a manner that will pass a Democratic (mostly) Senate, then there are the more controversial bills like the federal borrowing limit that will really test the Congress. But a small federal program, well familiar to readers of this blog, the Chemical Facility Anti-Terrorism Standards (CFATS) program, is set to expire this summer, unless it is reauthorized. This program faces the added challenge in that three committees oversee the fate of the program and take at least three (sometimes four or five) different outlooks on where the program should head in the next authorization period.

Short-Term Extension

It is unlikely that an extension bill will be crafted and wend its way through the legislative process before July 27th, 2023 (see Statutory Notes to 6 USC 621). We are likely to see a short-term extension of the CFATS program as part of some other passable bill. I would not be surprised to see such extension set to September 30th, 2023. At which point further extensions would be included in the DHS spending bill until some sort of deal is actually worked out.

 

For a more detailed discussion about the reauthorization of the CFATS program, including a look at what might be included in such a bill, see my article at CFSN Detailed Analysis - https://patrickcoyle.substack.com/p/cfats-and-the-118th-congress - subscription required.


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