Q&A: Bipartisan Efforts to Reinstate U.S. CFATS Are Gaining Momentum

The Chemical Facility Anti-Terrorism Standards (CFATS) program, which regulated covered chemical facilities for security, expired 28 July 2023 after Congress allowed its statutory program authorization to expire. The program was the nation’s first to focus on security at high-risk chemical facilities.

A bipartisan group of Congressional leaders have expressed interest in reinstating CFATS, which also is broadly supported by industry groups like the Alliance for Chemical Distribution (ACD) and American Chemistry Council (ACC) and law enforcement agencies.

ACD President and CEO Eric R. Byer is one of the leading industry advocates of CFATS. Byer fielded questions from 3E following an amendment from U.S. Rep. Laurel Lee (Fla.-15) to the National Defense Authorization Act (NDAA) that would incorporate the lapsed program back into the fold at the U.S. Department of Homeland Security.

How does the CFATS program contribute to the overall national security strategy?

Eric R. Byer: The CFATS program was created following the devastating terrorist attacks of 9/11. Ever since, the program has provided a strong yet flexible approach by setting risk-based national standards for companies to tailor their security plans to their unique needs. Specifically, CFATS helped facilities fulfill key security measures, such as DHS inspections of high-risk facilities and terrorist vetting. CFATS also established an important precedent for site security and for collaboration between industry, DHS, Federal Bureau of Investigation, U.S. Department of Defense, emergency responders, and regulatory authorities, to work together to manage risks swiftly and effectively.

As our nation faces ever-evolving physical threats and cyber threats, the CFATS program has a record of success, and it works by helping us stay ahead of these threats through this collaboration while keeping surrounding communities safe.

What have been the challenges in reinstating the CFATS program, and how has ACD been addressing these challenges?

For more than a year, ACD has been ringing the alarm bell about the potential dangers of letting the CFATS program lapse. Congress has recognized the success of this program by nearly unanimously reauthorizing it four times. Despite overwhelming strong bipartisan support in both chambers of Congress again for the 2023 reauthorization bill, it was held up by one senator for unrelated policy purposes. As a result, America's security has been compromised and key security measures remain unfulfilled. To work around these legislative challenges, ACD recently worked with U.S. Rep. Laurel Lee (Fla.-15) to introduce an amendment to restore the CFATS program as part of the NDAA.

What would you say to communities that are concerned about the security of nearby chemical facilities in light of the CFATS expiration?

For more than 16 years, the CFATS program created a successful framework for high-risk chemical facilities and local law enforcement to build relationships and improve the understanding of the critical work at these facilities, including facility layout, on-site equipment, and personnel training to allow law enforcement to take swift, decisive action during an incident. And it worked. While many of these practices are still in place across the nation, it's critical that CFATS is reauthorized so that industry, government agencies, and law enforcement continue to have the tools and resources needed to vet personnel, conduct facility inspections, and understand the chemicals of interest on site.

How can stakeholders like ACD or other industry groups contribute to the success of this amendment and the overall security framework?

Countless trade, union, and law enforcement organizations have called for the reauthorization of the CFATS program. For more than a year, organizations like ACD have demonstrated how CFATS has been successful in not only keeping communities safe, but how it supports the critical and safe operations of an industry that is responsible for more than a quarter of the U.S. GDP. Just as in years past, it is our hope that Congress recognizes the critical nature of this program and reauthorize it without delay.

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Editor’s Note: 3E is expanding news coverage to provide customers with insights into topics that enable a safer, more sustainable world by protecting people, safeguarding products and helping business grow. Q&A articles feature our reporters’ exclusive 1:1 interviews with regulatory and industry influencers.