CFATS and I

The death of the Chemical Facility Anti-Terrorism Standards (CFATS) program this last week was the jarring end of a 15+ year program. Everyone expected Congress to come through at the last minute and continue the program as it had done so many times before. But Congress, as always, is a fickle and less than faithful organization, so tied up in its political machinations that it frequently looses site of its job. The fact is that if it had come to an up and down vote in the Senate, HR 4470 would almost certainly passed with substantial bipartisan support. But a looming vacation, and the ‘necessary’ political statements to be made in a piece of ‘must pass’ legislation, were more important than continuing a relatively small program in DHS.

The people most obviously affected by the program’s death are the folks in CISA that were responsible for managing the program and overseeing its implementation in the field. The Office of Chemical Security will almost certainly carry on, but probably at a reduced level. They still have the ChemLock program to oversee and the Ammonium Nitrate Security Program still needs to be stood up. Even so, there are almost certainly positions within OCS that will not survive the end of the fiscal year. Hopefully, those employees, faithful civil servants all, will find continued employment in other portions of the federal government if they want them. The chemical security inspectors in CISA’s Integrated Operations Division, face a more uncertain future. Note technically tied to the CFATS program, they could continue to support ChemLock and provide assistance to the Protective Security Advisor operation. But this year and next the budget cutting knife is extremely sharp and is being wielded with little thought of consequences or personnel. My heart goes out to these folks.

Another, less easily recognized group affected by the programmatic death of CFATS, is a small contingent of advisors, contractors and consultants that have been supporting industry’s implantation of the CFATS program at the facility level. For smaller companies covered by CFATS, these hardworking folks provide the expertise and vision that allowed many companies to successfully standup security programs and compliance efforts. For many, the end of federal security requirements will mean that facilities will drastically cut back their security spending and these outsiders will be the first to feel that pinch.

And, of course, the 3200+ facilities that saw their coverage under the CFATS program evaporate on Thursday are going to be impacted. Their security issues remain, but the spending justification has disappeared. Each facility is going to have to evaluate what they can continue to afford in the way of security measures. Security managers all know that cuts will be dangerous, but the bean counters will have their way and cost savings will prevail over security.

On a personal note, Thursday’s Senate inaction has had a major impact on me. This blog grew up with the start of the CFATS program 16 years ago and has been a driving force in focusing my research and writing over the years. The scope of the coverage of Chemical Facility Security News has expanded over the years, but it has always been chemical facility security and the CFATS program that has been the reason for that expansion, realizing that chemical facility security involves a lot more than just fences and guards.

The CFATS program is dead, but the reason the program was put in place still exists. Many chemical facilities and the chemicals they manufacture, and use are still too tempting a target for a new generation of terrorists and extremists to leave unprotected. I will continue to be a voice advocating for chemical facility security in all of its complexity. I will watch and finagle Congress to live up to its responsibility to provide for the common defense. And, in the short term, I will be an active voice in trying to convince Congress to resurrect the CFATS program.