CFATS – An Open & Shut Case for Why Congress Needs to Approve ASAP

For years, NACD has led the charge for Congressional consideration and approval of the reauthorization of the U.S. Department of Homeland Security’s (DHS) Chemical Facilities Anti-Terrorism Standards program (CFATS). As our members are well aware, the CFATS program brings stability to our industry and grants DHS the ability to better protect U.S. chemical facilities against bad actors. The program requires chemical facilities to perform Security Vulnerability Assessments and implement Site Security Plans that satisfy the risk-based performance standards required for their unique security challenges and tier level.

While urging previous reauthorizations, we’ve had significant obstacles to overcome, including difficult members of the U.S. Senate, and the typical political games of attempting to attach completely unrelated environmental provisions to the overall program. Nevertheless, legislation for the improvement and continuation of the program cleared the U.S. House of Representatives and Senate and were signed into law by both President Obama in 2014, and President Trump in 2020.

So, somehow the question remains, is there a legitimate reason for Congress not to re-up this program before July 27? Absolutely not! CFATS is an exemplar of a successful partnership between federal agencies and industry. This program has resulted in regular dialogue between political parties to ensure ongoing success for a comprehensive, sound, and effective program. No matter which side of the aisle you find yourself on, we should all be proud of this ongoing effort. CFATS is a true case study of a flourishing collaboration between government and industry to ensure the proper execution of a vital security program for a critical sector of the American economy. Period.   

With a tight timeline legislatively—six months is the blink of an eye on Capitol Hill—NACD is again launching an aggressive campaign to ensure the program is reauthorized by Congress and signed into law by President Biden no later than July 26, preferably before the July 4 recess. If July 27 rolls around and Congress has not done its job, this important program will sunset.

Leaders from across the aisle and on both sides of the Capitol recognize and understand the importance of the CFATS program. It’s time for Congress to provide a long-term extension to ensure the continued stability of a necessary security program.