Chris Jahn is President and CEO of the American Chemistry Council. As President and CEO of the American Chemistry Council (ACC), Chris is responsible for advancing ACC’s mission to advocate for the people, policy, and products of chemistry that make the United States the global leader in innovation and manufacturing. He began his career on Capitol Hill, including time as chief of staff to U.S. Senator Craig Thomas (R-WY).
As we recognize another solemn anniversary of the worst terrorist attack on the United States, our country is in real danger of repeating the mistakes of the past. In the tragic wake of the attacks on September 11, 2001, everyone swore to never forget and to be always vigilant that the next unthinkable attack could be just around the corner. Yet those costly lessons seem to be lost in Congress and the White House today. Rather than bolstering our national security, several recent policy failures have left our country vulnerable.
For the first time in nearly two decades our country finds itself without a national chemical security program because Congress failed to prevent the Chemical Facility Anti-Terrorism Standards (CFATS) program from expiring. The program was put in place after 9/11 so the federal government and companies could address a wide range of potential threats, including physical attacks, theft and diversion, and cyberattacks. Under CFATS, the Department of Homeland of Security found that security measures at regulated facilities increased by 60%. As a result, the country was more secure.
Allowing CFATS to expire was a big mistake and only benefits America’s adversaries. One of the biggest losses to protecting critical infrastructure against terrorism is that without CFATS companies can no longer vet personnel against the FBI’s terrorist screening database to help keep bad actors from accessing chemical facilities. According to DHS approximately 9,000 individuals were typically screened each month, which means more than 100,000 have not been vetted since CFATS expired. This is particularly troubling when you consider the fact that DHS identified more than 10 individuals with possible ties to terrorism over the lifetime of CFATS.
While Congress has propped the door open for terrorists by allowing CFATS to expire, the Environmental Protection Agency (EPA) has made it easier to target chemical facilities. Earlier this year, the Environmental Protection Agency (EPA) weakened crucial safeguards within the Risk Management Program (RMP) that were put in place after 9/11 to prevent terrorists and other bad actors from exploiting sensitive information collected by EPA about chemical facilities. The Agency adopted these changes despite warnings by Attorneys Generals from 12 states who told EPA that failing to have adequate safeguards on sensitive information puts local communities at risk.
To make matters worse policymakers have also failed to address new and emerging threats. The ever-increasing number of drones in the sky poses a significant and unique threat to critical infrastructure, including chemical facilities. Both Congress and the Federal Aviation Administration have recognized this growing danger but have yet to put security programs in place to deal with it.
ACC and its member companies understand the importance of securing chemical facilities and are keeping their guard up through programs such as ACC’s Responsible Care Security Code®, which is mandatory, third party audited and requires companies to take steps to enhance site, transportation, and cyber security at their facilities.
However, the chemical industry should not be forced to go it alone – we need smart programs like CFATS and federal partners that can provide the valuable tools and security expertise needed to fight terrorism. The public certainly feels more secure knowing that the airline industry and the federal government work together through national programs to address potential terrorist threats – It should be no different for the chemical industry.
Now is not the time for policymakers to forget the costly lessons of the past. Congress must act now to restore CFATS and pass legislation to help counter the growing threats posed by drones. The White House must also do its part and direct EPA to fix critical flaws in its new RMP program and direct the Federal Aviation Authority (FAA) to finalize its long overdue rule to help protect critical infrastructure from drone attacks. Securing the future is never easy but adopting these policies will certainly help the ongoing fight against terrorism.