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By William E. Allmond, IV, VP Government Relations, Society of Chemical Manufacturers & Affiliates (SOCMA)
Even though it is only spring, the temperature is quickly rising here in Washington over reauthorizing the Department of Homeland Security’s Chemical Facility Anti-terrorism Standards (CFATS).
To recap, these comprehensive standards governing certain chemical manufacturers and facilities handling chemicals were to expire last year. In theory, they were to be reauthorized when Congress passed a budget for 2011. Alas, the previous Congress was unable to pass a budget but has kept CFATS in effect through a series of short-term budgetary extensions.
Meanwhile, Congressional panels have been busy this spring conducting competing hearings and recording votes on legislation to reauthorize CFATS. Most recently, a subcommittee of the House Homeland Security Committee approved a seven-year extension of CFATS, defeating attempts by some panel members to mandate controversial provisions like inherently safer technology as part of the standards. The bill—HR 901—now awaits action by the full committee, which may take place sometime in May.
Not to be outdone, another House subcommittee under the powerful Energy and Commerce Committee held a hearing on its CFATS bill, HR 908. Several industry representatives, including SOCMA, gave testimony in support of the bill’s attempt to extend the existing standards for multiple years. There have been no votes taken yet but I expect the subcommittee to vote on the bill sometime in mid-May. Expect some modifications to it to further attract Democratic support. Right now, this bill includes the key co-sponsorship of Congressman Gene Green, a Democrat from Houston who has been a leading voice within the CFATS discussion for years.
After each committee approves their respective bills, which will happen, they will need to work together to iron out their differences, which could be numerous. I’m not optimistic that this will happen efficiently. Both committees are led by strong leaders and have superb staff, but both vying for the ownership of these standards. When SOCMA members, including ADT, visited Capitol Hill as part of SOCMA’s annual Fly-In in mid-April, we met with numerous Members of Congress as well as staff with both committees urging expedient passage and reconciliation. This jockeying for preeminence between committees is not new. Congressmen Bennie Thompson and Ed Markey similarly fought over jurisdiction in the last Congress. However, I am merely hopeful that they will come together and ensure CFATS’ long-term extension. It is in everyone’s best interest that they do.
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