Chemical Security Standards’ Long Lapse Stirs Backlog Concerns

An expired program designed to keep dangerous chemicals out of terrorist hands will be harder to revive the longer it’s left in limbo, inspectors and industry groups are warning Congress.

The Department of Homeland Security’s Chemical Facility Anti-Terrorism Standards lapsed months ago, despite widespread support in Congress. Lawmakers are still trying to figure out a path forward.

“Each day that passes without a solution from Congress makes it harder to restart CFATS and adds to the backlog of security reviews and inspections that DHS will need to address,” American Chemistry Council spokesperson Scott Jensen said Tuesday.

If Congress renews the program, inspectors will need time to reschedule inspections, make travel arrangements, and coordinate with facilities, said Jesse LeGros Jr., vice president of the union that represents inspectors.

“It’s not going to be an overnight thing,” he said. “We’re not flipping on the switch.”

Lawmakers used a stopgap government funding measure last week to extend the life of two other expiring DHS programs: an office to combat weapons of mass destruction and authority to take down dangerous drones. But CFATS wasn’t included.

Key lawmakers say they’re still discussing options for reinstating CFATS.

“I will continue working with my colleagues on both sides of the aisle to find a path forward to renew these vital protections as soon as possible to ensure that facilities that house chemicals are secure against potential terrorist threats,” Homeland Security and Governmental Affairs Chairman Gary Peters (D-Mich.) said in a statement.

The House Homeland Security Committee, which advanced the House’s CFATS legislation over the summer, is also pressing for a deal in the Senate.

The primary objector is Sen. Rand Paul (Ky.), the homeland panel’s top Republican, who blocked fast-tracked reauthorization in July. Paul’s office declined to comment this week on the status of talks. The senator previously said he viewed CFATS as an unnecessary regulation and wanted to use its expiration as leverage to achieve his own legislative goals.

Homeland Security Tools at Risk as Congress Ducks To-Do List

Regulatory Gap

Chemical industry groups generally support CFATS, which includes security requirements and a system of vetting potential employees and contractors against a federal terrorist watchlist. Companies worry about states or the federal EPA filling the regulatory gap if the DHS program isn’t revived.

And while some lawmakers have pushed for updates, an overwhelming bipartisan majority has voted for them to be extended while they consider potential changes to improve inspector training and information-sharing with first responders.

“It is important for us to be able to maintain baseline standards,” Rep. Laurel Lee (R-Fla.) said in an interview after CFATS expired. Lee sponsored the reauthorization legislation that passed the House almost unanimously in July.

CFATS proponents have been ramping up pressure on Congress, with meetings and letters from local officials, industry groups, law enforcement, and labor representatives.

Chemical companies have been left in the lurch during the CFATS lapse, Alliance for Chemical Distribution President and CEO Eric Byer said. They can run criminal background checks on prospective employees, but they lack access to the terrorist watchlist that would help them root out the biggest threats.

Those checks are especially essential now as the Israel-Hamas conflict prompts concern about the potential for spillover violence in the US, Byer said. CFATS was used to screen about 9,000 people each month prior to its expiration, according to DHS’s Cybersecurity and Infrastructure Agency, which oversees the program.

Terrorist Vetting, Chemical Oversight Skipped Under Rule Gap

Homeland Security Secretary Alejandro Mayorkas repeatedly pressed lawmakers on the program during a trio of Capitol Hill appearances over the past month, including one where Paul was present.

“The vulnerabilities that are created by the inability for us to enforce the chemical anti-terrorism facility standards is really a significant problem for our homeland security,” Mayorkas said.