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.

Click here to view Amendment 594 from Reps. Lee (FL), Carter (GA), Garbarino (NY)

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.