Department of Homeland Security Assistant Secretary for Infrastructure Protection Caitlin Durkovich told Congress last week that ending the drinking water and wastewater sector’s exemption from the DHS Chemical Facility Anti-Terrorism Standards (CFATS) program is “a laudable goal,” but said the Department is keeping its focus on enacting a long-term authorization of the existing CFATS program.
Durkovich’s comments came in response to questioning from Rep. Yvette Clarke (D-N.Y.) during a subcommittee hearing on H.R. 4007, legislation to reauthorize the existing CFATS program for two years. Rep. Clarke asked Durkovich to answer “yes or no” on whether DHS believes the CFATS exemption for water and wastewater utilities should be eliminated. Durkovich initially hedged (saying DHS “would like to work with” the committee on the issue), but when pressed by Clarke eventually said ending the exemption would be laudable.
Durkovich’s written testimony made no mention of water or wastewater facilities or specific desired changes to CFATS. Instead, she said, “The CFATS program is ready for program stabilization through permanent or long-term authorization.”
H.R. 4007 as introduced would not change the status of water and wastewater systems under CFATS nor would it allow the government to require chemical facilities to consider or implement “inherently safer technologies” (IST).
The legislation picked up a surprise endorsement a day earlier, when DHS Secretary Jeh Johnson said of the proposal, “I think it’s a good bill. Our critical infrastructure folks think it’s a good bill, and I support it.” His comments came during testimony before the full Homeland Security Committee.