DHS Secretary Says Permanent Reauthorization of CFATS a Priority

Despite recent challenges the U.S. Department of Homeland Security (DHS) has faced with implementation of its Chemical Facility Anti-Terrorism Standards (CFATS), a high-ranking agency official says it is a top priority to work toward permanent reauthorization of the program.

In his keynote address at the 2012 Chemical Sector Summit in Baltimore, MD, National Programs and Protection Directorate (NPPD) Under Secretary Rand Beers said DHS has made a lot of progress over the years and built up the CFATS framework in a short period of time. Despite an internal assessment that pointed out DHS's shortcomings in making progress with inspections and site security plan reviews under the program, Beers said his department is learning from its mistakes and moving forward to make substantive improvements. And while it is difficult to project the level of funding that will ultimately be approved by Congress for the next fiscal year, Beers said DHS will work toward permanent reauthorization of CFATS.

Currently, CFATS is authorized through Oct 4, 2012, and funded through fiscal year 2012 at $93.3 million. The U.S. House of Representatives-passed Homeland Security appropriations bill for 2013 provides $45.4 million for CFATS, $29.1 million below the amount requested by the administration and $47.9 million below the previous year's level. In an accompanying report to the bill, the Appropriations Committee said the reduction in funding is due to "significant managerial problems, program delays and poor budget execution."

The U.S. Senate Appropriations Committee approved its own homeland security appropriations bill in May, which preserves almost $87 million for the CFATS program - nearly double the amount of funding in the House bill. However, the full U.S. Senate has not voted on the bill.

With the fiscal year quickly coming to an end, it is expected that Congress will approve a short-term Continuing Resolution, extending funding for federal agencies across the board at 2012 levels through the November election and temporarily extending expiring authorizations for programs such as CFATS. When Congress reconvenes for a lame duck session, legislators could pass yet another Continuing Resolution or begin work on an omnibus appropriations bill for the remainder of fiscal year 2013 containing similar program extensions.

The internal audit of CFATS, which was widely publicized by the media in December, was a game changer in terms of long-term or permanent reauthorization of the program, according to congressional staff at the Summit.

As a result of the problems plaguing DHS's implementation of CFATS, Congress will likely maintain close oversight of the program by extending it on a year-by-year basis, the congressional staffers said. They also stressed that CFATS needs to be operating in a way that Congress can feel more confident about, and continuity in the program and its leadership is critical.

Beers and other DHS leaders, such as NPPD Deputy Under Secretary Suzanne Spaulding, also focused on the positive aspects of the CFATS program. Spaulding told Summit attendees that CFATS has already taken measurable steps toward a safer America, citing thousands of facilities that have removed high-risk chemicals so as not to require regulation, or made other changes to meet CFATS requirements.
SOCMA President Lawrence D. Sloan, who delivered opening remarks at the Summit, said that "while these challenges (to CFATS) are all serious, they are not insurmountable." Having a comprehensive set of security standards such as CFATS is in our nation's best interest, he said, and SOCMA still supports a long-term extension of the program to provide stability moving forward.