Senators seek to extend CFATS program and its security for chemical facilities

The Protecting and Securing Chemical Facilities from Terrorist Attacks Act was introduced in the Senate last week as a proposal to extend the Chemical Facility Anti-Terrorism Standards (CFATS) program beyond its impending July expiration.

Introduced by U.S. Sens. Gary Peters (D-MI), Shelley Moore Capito (R-WV), Tom Carper (D-DE) and James Lankford (R-OK), the bill aims to help secure chemical facilities against terrorist attacks by guaranteeing facilities with high-risk chemicals have security measures in place to reduce the risk of chemicals being stolen or weaponized. CFATS has been attempting to maintain such since it was formed in the wake of the Sept. 11, 2001 terrorist attacks.

It is now managed by the Cybersecurity and Infrastructure Security Agency (CISA).

“Commonly used chemicals can pose significant risks to public health and safety if they get into the wrong hands,” Peters said. “By preventing this vital anti-terrorism program from expiring, this bipartisan legislation will help protect our national security and ensure the Department of Homeland Security has the tools and resources it needs to prevent terrorists from weaponizing chemicals to attack the United States.”

Through the CFATS program, CISA identifies and regulates chemical facilities from exploitation by potential terrorists. Facilities so regulated have to report what chemicals they store to CISA and create a plan to address related security issues if they are subsequently deemed high risk. Release, theft or sabotage are all of concerns to CISA.

As of May 2023, CFATS covers approximately 3,200 facilities, and this bill would extend the anti-terrorism program’s oversight for five years.

“Over the past several years, I have worked so that this program is both authorized and funded at levels to ensure the safety of chemical facilities across this country,” Capito said. “By coming together in a bipartisan way, we are demonstrating the importance of our nation’s efforts to support a regulatory framework that strengthens our ability to prevent these facilities from being vulnerable to terrorists.”

CFATS has been extended by Congress four times over the years, most recently in 2020.

The latest efforts were backed by organizations including Dow North America, U.S. Chamber of Commerce, BASF Corporation, Lubrizol, American Chemistry Council and Brenntag North America, Inc., among others.