McCormick slams Senate for aiding terrorists: Congress has failed us

As hostilities erupt involving Iran and other known users of terrorism, progressive New Jersey Democrat Lisa McCormick expressed "profound disappointment over Congress's failure to maintain public safety by allowing the statutory authority for the Chemical Facility Anti-Terrorism Standards (CFATS) program to expire as of July 28, 2023."

"This lapse has left our nation vulnerable to threats that could jeopardize the safety of millions," said McCormick, who said the U.S. Senate failed to vote on the matter after it was approved in the House of Representatives by a vote of 409 to 1.

Sen. Rand Paul, the top Republican on the Senate Homeland Security and Government Affairs Committee, blocked the bill with a “hold,” which is one of the bizarre tactics allowed under Senate rules.

CFATS has broad support from nearly every chemical company and trade association, including the American Chemistry Council (ACC).

“Restoring the Chemical Facility Anti-Terrorism Standards (CFATS) is essential to protecting our industry and defending the nation from terrorism,” said Ryan Jackson, Vice President of the ACC, “CFATS provides companies with important security tools and is the only national program focused on chemical facility security. Nearly a year has passed since Congress allowed CFATS to expire... Congress must do its job to protect America.”

The ACC’s concerns are echoed by the American Federation of Government Employees, which represents DHS inspectors and auditors. In a statement, federation president Everett Kelley calls Paul’s action “astonishingly reckless political brinkmanship” and urges Congress to take immediate action. “Even a single day without chemical plant security standards in place is an unacceptable threat to American communities,” he says.

Iran launched hundreds of drones and missiles from its territory towards Israel, most of which were intercepted by that country's Iron Dome system, plus US military and other allied forces.

The UN chief told the Security Council during an emergency meeting that people of the Middle East are confronting a real danger of a devastating full-scale conflict, but McCormick said Americans are exposed to new threats that Congress has ignored.

CFATS was a federal program administered by the Cybersecurity and Infrastructure Security Agency (CISA) under the oversight of the US Department of Homeland Security (DHS). It aimed to regulate high-risk chemical facilities to mitigate the risk of hazardous chemicals being used as weapons.

The program's authority expired more than 14 months ago, leaving more than 100,000 personnel who have not been screened against the FBI’s terrorist database with access to potentially deadly chemical facilities. The DHS identified more than 10 people with terrorist ties over the life of CFATS.

"For the first time in nearly two decades, the absence of a national chemical security program means that the Cybersecurity and Infrastructure Security Agency (CISA) can no longer enforce compliance with essential CFATS regulations," said McCormick. "Without the ability to inspect high-risk sites, conduct terrorist vetting on personnel, or require the implementation of crucial security measures, we are essentially leaving the door wide open for potential terrorist exploitation of our chemical facilities."

"CISA’s efforts to encourage facilities to maintain security measures, including their voluntary ChemLock resources, are commendable but insufficient," said McCormick. "The truth is that when lives are at stake, voluntary measures fall short of the rigorous oversight and compliance that CFATS provided."

More than 89 million Americans live or work within two miles of high-risk chemical facilities," said McCormick. "Each day without CFATS increases the risk to their safety."

"The expiration of CFATS is not merely a bureaucratic oversight; it is a reckless intentional decision that benefits America’s adversaries," said McCormick. "With CISA unable to vet approximately 9,000 personnel each month against the FBI’s terrorist screening database, America's leaders are ignoring the lessons they should have learned from past tragedies, including the attacks of September 11, 2001. The sacrifices made in the name of national security must not be forgotten."

McCormick said the situation is exacerbated by the Environmental Protection Agency’s (EPA) recent weakening of safeguards in the Risk Management Program (RMP).

"This is a dangerous trend that compromises the very protections designed to prevent sensitive information about chemical facilities from falling into the wrong hands," said McCormick. "Of course, by eliminating the Chevron Deference, the Supreme Court got in on the action. This legal doctrine dictated that if federal legislation is ambiguous or leaves an administrative gap, the courts must defer to the regulatory agency's expertise if its interpretation is reasonable."

Among those who agree with McCormick about the urgency of this issue are the members of the American Fuel & Petrochemical Manufacturers, Alliance for Chemical Distribution, North America’s Building Trades Unions, United Steel Workers, National Sheriffs' Association, Emergency Services Sector Coordinating Counsel, and American Federation of Government Employees.

A push to reauthorize CFATS in the fiscal year (FY) 2025 National Defense Authorization Act fell short after a bipartisan amendment failed to reach the House floor.

Created in response to the 9/11 attacks, CFATS requires facilities to develop plans for reducing the physical and cybersecurity risks of their chemicals being used in future terrorism attacks and regulating the security of those designated “high-risk” facilities.

“The types of chemicals protected by the Chemical Facility Anti-Terrorism Standards program are the same chemicals used in the (Oklahoma City) domestic terrorist bombing in 1995,” said Republican Senator James Lankford. “We have to make sure these dangerous chemicals don’t fall into the wrong hands or get exploited by terrorists. We must maintain these critical protections for our national security.”

“Commonly used chemicals can pose significant risks to public health and safety if they get into the wrong hands,” said Democratic Senator Gary Peters. “By preventing this vital anti-terrorism program from expiring, this bipartisan legislation will help protect our national security and ensure the Department of Homeland Security has the tools and resources it needs to prevent terrorists from weaponizing chemicals to attack the United States.”

"Congress must act swiftly to restore CFATS and safeguard our nation’s critical infrastructure against not only traditional threats but also emerging dangers such as drone surveillance and attacks," said McCormick. "The collaboration between federal agencies and industry stakeholders is essential to enhancing our security posture, and it is long overdue."

"Inaction in this critical area is inexcusable," said McCormick. "The safety of our communities depends on Congress prioritizing the reauthorization of CFATS and addressing the growing threats we face. The public wants their government to do everything possible to protect them from harm, but the simple truth is that Congress has failed us."