Reinstate CFATS by supporting Amendment 594 to the NDAA!
The Problem:
The Chemical Facility Anti-Terrorism Standards (CFATS) program was allowed to expire on July 27th, 2023, even after being reauthorized by Congress four times with robust bipartisan support.
Despite a 409-1 vote in the U.S. House on H.R. 4470, Protecting and Securing Chemical Facilities from Terrorist Attacks Act of 2023, which would have reauthorized the program for two years, the U.S. Senate has not voted on this bill.
The Solution:
Rep. Laurel Lee has filed an amendment to the NDAA, #594 that would reestablish the CFATS program – a program strongly supported by all major stakeholders in the chemical national security space. We need Hill support on this amendment.
On June 5th, ACC, ACD, NABTU, and AFPM sent a letter to Speaker Johnson and Minority Leader Jeffries urging them to support Rep. Lee’s amendment.
The Ask:
We urge you to support the finding that Rep. Lee’s amendment is made in order, thus allowing a vote on the CFATS program which has overwhelming bipartisan support in Congress and beyond:
- Agriculture Retailers Association
- Alliance for Chemical Distribution (ACD)
- American Chemistry Council (ACC)
- American Coatings Association
- American Federation of Government Employees
- American Fuel & Petrochemical Manufacturers (AFPM)
- American Gas Association
- American Petroleum Institute
- Association of American Railroads
- CFATS Coalition
- Compressed Gas Association
- Edison Electric Institute
- Emergency Services Sector Coordinating Counsel
- Household & Commercial Products Association
- International Warehouse Logistics Association
- Interstate Natural Gas Association of America
- National Association of Manufacturers
- National Industrial Transportation League
- National Mining Association
- National Sheriffs’ Association
- National Tank Truck Carriers
- North America’s Building Trades Unions (NABTU)
- Radiopharmaceurial Shippers & Carriers Committee
- Society of Chemical Manufacturers and Affiliates
- The Adhesive and Sealant Council
- The Chlorine Institute
- The Fertilizer Institute
- The Vinyl Institute
- U.S. Chamber of Commerce
- United Steel Workers
Why to Support:
CFATS Program History
in 2006, Congress directed the Department of Homeland Security (DHS) to create the Chemical Facility Anti-Terrorism Standards program (CFATS) to address potential terrorist threats to chemical facilities. This helped DHS identify facilities that might be at risk of a potential attack and set national standards for addressing physical and cyber threats. It was the only regulatory program focused on implementing security measures to reduce the risk that certain dangerous chemicals are weaponized by terrorists.
Problems Since CFATS Program Lapse
- Since the program’s lapse last year, DHS has reported significant regulatory impacts due to the lapse of the program.
- The agency states that tens of thousands of regular vetting of personnel and contractors through the Federal Bureau of Investigation’s terrorist database have not occurred due to the expiration of this program.
- Over the program’s history, ten names vetted against the database have had ties to terrorist organizations since the program’s start.
- DHS has also reported that an average of 160 inspections per month have not occurred due to the lapse of regulatory authority. If gaps in security exist, it is during inspections that they are identified and rectified.
- DHS cannot identify new facilities that possess high-risk chemicals—meaning the locations of dangerous chemicals are unknown to CISA and local first responders.
Resources
- CFATS Lapse Impacts (CISA.gov)
- Chemical Manufacturer Survey on Importance of CFATS
- CFATS Fact Sheet
- CFATS Program Homepage
Support for CFATS
June 2024 Letter to House Leadership Supporting Rep. Lee Amendment
March 2024 Letter to Leadership: Industry Coalition Calls on Congress to Restore CFATS
Jan 2024 One-Pager: Industry Support Quotes
Oct 2023 Industry Letter to Leadership: Urging Congress to Restore CFATS
Sept 2023 Letter to Senate: Industry Calls on Congress to Reinstate CFATS
July 2023 Letter to Reps. Green and Thompson Supporting Reauthorization
March 2023 Letter to Committee on Homeland Security Supporting Reauthorization