One Year Without CFATS

Nearly one year ago, on July 28, 2023, the chemical distribution industry lost a vital tool to protect our chemical facilities from bad actors. As many of our members know, the Chemical Facility Anti-Terrorism Standards (CFATS) program was created in 2007 to help prevent terrorist attacks on high-risk chemical facilities. Since then, CFATS has been recognized as the global standard for chemical facility security. The program encouraged collaboration and communication between chemical facilities, the U.S. Department of Homeland Security’s (DHS) Cybersecurity and Infrastructure Security Agency (CISA), and local law enforcement to put into place key safeguards against the latest and evolving threats to the chemical industry. And the program worked.

Unfortunately, despite having nearly two decades of bipartisan support in Congress, the program faced its first-ever lapse and expired last year as a result of one U.S. Senator’s move to hold it up.

The CFATS program is the first regulatory program to explicitly focus on physical and cyber security at chemical sites. With the advancement of technologies, such as the rapid improvement of artificial intelligence tools in recent years, ACD members have experienced an uptick in cyber-related incidents involving bad actors attempting to impersonate legitimate companies to acquire regulated substances. The CFATS program was one of the most successful chemical security programs available to the industry to combat that threat and others and its lapse has left our nation’s facilities more vulnerable than ever.

In the year since the lapse of CFATS, ACD members have had to remain vigilant against these increasing stakes and potential threat of criminal activity without the support of their government partners. Since the program’s expiration, ACD has continued to ring the alarm bell, urging Congress to reinstate these safeguards without delay. From coordinating letters to Congress with the Chemical Sector Coordinating Council, the Emergency Services Sector Coordinating Council, and the National Sheriffs’ Association, to meeting with members of Congress on Capitol Hill and calling for the inclusion of amendments to reinstate the program as part of larger legislative packages, ACD and its members have demonstrated how the chemical industry has unique security challenges that require industry and government coordination to keep surrounding communities safe.

The chemical distribution industry is an economic force in America, employing over 75,800 people and generating $10.82 billion in tax revenue for local communities across the country. We deliver valuable products to every industry sector and serve as a major driver of the American economy. Our nation cannot afford to overlook the potential impact of a major terrorist event in our industry.

Congress must reinstate this critical program before our national security is put at further risk. That’s why ACD applauded Representative Garbarino (R-NY-2) for introducing amendment #233 to restore the CFATS program as part of the DHS appropriations bill. We will continue to call for Congress to swiftly adopt this amendment to ensure our industry – and the 90 million people who live or work within a two-mile radius of chemical facilities – are protected for years to come.