The First Facility Management Blog

On November 6, 2009, the U.S. House of Representatives passed H.R. 2868, the Chemical and Water Security Act of 2009, by a vote of 230-193. This bill reauthorizes the Department of Homeland Security’s (DHS) program to implement and enforce the Chemical Facility Anti-Terrorism Standards (CFATS), which are currently set to expire in October 2010, and improves these standards in a number of ways. It also requires the Environmental Protection Agency (EPA) to establish parallel security programs for drinking water and wastewater facilities.

Rep. Bennie G. Thompson (D-MS), Chairman of the House Committee on Homeland Security and lead sponsor of the legislation, released the following statement upon passage: “In the wake of the 9/11 attacks, security experts immediately identified the threat of an attack on a chemical facility as one of the greatest security vulnerabilities facing the Nation,” said Thompson. “After four years of hard work, this Congress finally got the opportunity to consider and pass this landmark homeland security bill. Passage of this legislation demonstrates the progress we make with a transparent process that is open to diverse viewpoints,” Thompson stated. “We can now ensure that this vital industry, and the population that lives around these facilities, are secure,” said Thompson.

H.R. 2868:

• Authorizes reasonable, risk-based security standards for chemical security.
• Closes a major security gap identified by both the Bush and Obama Administrations by establishing a security program for drinking water and waster water facilities.
• Requires all tiered facilities to assess “methods to reduce the consequences of a terrorist attack.” Plants that voluntarily perform these assessments, which are sometimes called “IST” assessments, often find that good security equals good business.
• Strengthens CFATS by adding enforcement tools, protecting the rights of whistleblowers, and enhancing training security.

On June 16, 2009, Committee on Homeland Security Chairman Bennie G. Thompson (D-MS), Committee on Energy and Commerce Chairman Henry A. Waxman (D-CA), Committee on Homeland Security’s Subcommittee on Transportation Security and Infrastructure Protection Chairwoman Sheila Jackson-Lee (D-TX), and Committee on Energy and Commerce’s Subcommittee on Energy and the Environment Chairman Ed Markey (D-MA) introduced H.R. 2868: The Chemical Facility Antiterrorism Act of 2009. This vital legislation makes the Chemical Facility Anti-Terrorism Standards (CFATS) permanent and enhances the program by making facilities, as a part of their vulnerability assessments, analyze how they can change their internal processes to reduce the consequences of a terrorist attack at their facility.

Chairman Thompson released the following statement:

This legislation will help ensure that this vital industry, and the population that lives around these facilities, are safe and secure. After years of work and discussions with key stakeholders, we have produced a comprehensive and common-sense chemical security bill.

Chairman Waxman released the following:

Chemical facilities are often terrorist targets because of the lethal chemicals they use and store onsite. This bill will protect workers at and neighbors of chemical facilities by asking the highest risk facilities to switch to safer chemicals and processes when feasible. I will also continue working with members of the Energy and Commerce Committee to complete legislation to give EPA the authority to require strong security standards for our nation’s drinking water facilities.

Chairwoman Jackson-Lee added the following statement:

I am proud to be an original co-sponsor of this important legislation that will work to close a threatening vulnerability that was only made more real by the attacks of September 11, 2001, and other international incidents over the past several years. As the Chairwoman of the subcommittee with oversight over this important program, I believe that we have worked in a bipartisan manner with all relevant stakeholders, including DHS, to author a bill that builds on the current program in order to best protect this Nation.

Chairman Markey released the following statement:

By requiring the highest-risk facilities to switch to safer chemicals or processes when it is economically and technologically possible to do so, this legislation will make our communities less vulnerable to a terrorist-designed Bhopal in Boston, Baton Rouge or Buffalo.