Congress Works on New Chemical Security Amendments

Congressional authorization and funding for the Department of Homeland Security’s (DHS) Chemical Facility Anti-Terrorism Standards (CFATS) program is once again nearing expiration. That means there will almost certainly be a new authorizing law carrying a fresh set of program amendments. While there is no meaningful opposition to the CFATS as a whole, there is also no shortage of stakeholder opinions on how the program can be improved. Industry would like Congress and the DHS to provide stronger protections for information the CFATS requires facilities to submit to the government. Spokespersons are also wary of any expansion of the program to cover facilities that are not currently classified as high risk. Public health and worker safety advocates have a longer list of recommended improvements, including the expansion of the CFATS that industry opposes, assurances of stronger worker awareness of and participation in facility programs, and more emphasis on risk reduction (for example, through the required use of inherently safer chemicals) than on risk management.