The Department of Homeland Security’s (DHS) lapsed Chemical Facility Anti-Terrorism Standard (CFATS) will not be reauthorized in the National Defense Authorization Act (NDAA) after a bipartisan amendment to the fiscal year (FY) 2025 NDAA failed to reach the House floor.
The amendment, offered by Rep. Laurel Lee (R-FL) in the House Rules Committee last week, sought to extend CFATS’ statutory expiration date from July 27, 2023 by two years.
However, despite numerous calls from industry and lawmakers from both parties to renew the program, the House Rules Committee did not make a CFATS reauthorization amendment “in order” during a June 11 markup, meaning it was ineligible for consideration on the floor.
Speaking to Inside EPA on June 12, President and CEO of the Alliance for Chemical Distribution (ACD), Eric Byer, said they are “very disappointed that the U.S. House Rules Committee and House leadership failed to adopt amendment #594 to restore the CFATS program as part of the NDAA.”
“This amendment received 22 cosponsors from both sides of the aisle,” said Byer, “including support from members on the House Armed Services Committee, demonstrating the critical nature of the program and its success in keeping chemical facilities and communities safe,” he continued.
Created in response to the 9/11 attacks, CFATS requires facilities to develop plans for reducing the physical and cybersecurity risks of their chemicals being used in future terrorism attacks, and regulating the security of those designated “high risk” facilities, according to the program’s “Appendix A” list, which the DHS modeled on EPA policies.
CFATS statutory authorization expired in July 2023, after Sen. Rand Paul (R-KY) objected to a largely supported, House-passed bill that would extend the program for two years.
Congress had provided funds for the program through to the end of FY 24, providing hope that DHS could resume operations more easily following a statutory reauthorization, but supporters have so far been unable to actually move such a measure to the floor of either chamber. Neither as an amendment or as a stand-alone legislation. This is despite the House voting 409-1 for the two-year reauthorization measure in 2023.
Since then, industry groups and pro-CFATS lawmakers have been searching for a legislative vehicle for reauthorization, capable of overcoming Senator Paul’s continued opposition.
Speaking on the matter, Scott Jensen, of the American Chemistry Council said “we pushed hard for an amendment on the [Federal Aviation Administration] funding bill but despite strong bipartisan support the Senate only allowed a very limited number of riders.”
Prior to the recent rejection, Byer had told Inside EPA he was “hopeful the NDAA would provide an avenue for reauthorization because CFATS was more relevant to national-security spending than other candidates that supporters were considering.”
However, that option seems to be off the table now the Rules Committee has failed to include it in its markup. Despite this, Byer says “we will continue to fight like hell to restore this critical program and to ensure we remain vigilant against evolving threats.”
