Chemical Facility Anti-Terrorism Standards Program Extension Act

Mr. Speaker, I move to suspend the rules and pass the bill (H.R. 251) to extend by two years the Chemical Facility Anti-Terrorism Standards Program of the Department of Homeland Security, and for other purposes.

Mr. Speaker, I ask unanimous consent that all Members have 5 legislative days to revise and extend their remarks and to include extraneous material on this bill.

Mr. Speaker, I yield myself such time as I may consume.

Mr. Speaker, I rise in support of H.R. 251, the Chemical Facility Anti-Terrorism Standards Program Extension Act.

H.R. 251 would extend the Department of Homeland Security's authority to carry out the Chemical Facility Anti-Terrorism Standards, or CFATS, program for 2 years. Under this novel regulatory program, DHS works with the owners and operators of our Nation's highest risk chemical facilities to ensure those facilities have adequate security measures in place.

Unless Congress acts expeditiously, authority to regulate these high- risk facilities will expire in a matter of days. We cannot let this happen.

The risk of a terrorist attack on a chemical facility is not conjecture; it is a credible threat echoed by every Homeland Security Secretary since 2005. Federal and State law enforcement officers have uncovered multiple plots aimed at chemical facilities, including after the 9/11 attacks when it came to light that the hijackers had also scouted chemical plants.

National security experts, from former Homeland Security Secretary Michael Chertoff to President Obama, have expressed concern that a terrorist could seek to penetrate a chemical facility to carry out a weapon of mass destruction attack. CFATS is the way DHS partners with chemical facilities to combat this threat. The program enjoys support across party lines and within the regulated community.

I led the initial bipartisan effort to establish the program in 2006. CFATS had a bumpy start, but over time, with the stability of a long- term authorization, in 2014, CFATS has developed into a security program that is making the U.S. demonstrably safer.

Don't take my word for it; the data speaks for itself. Since CFATS was created, the number of chemical facilities designated as high risk in the U.S. has dropped by half. This achievement means that communities near the chemical plants are safer.

Still, like with any other program, there are areas where it could be strengthened. The 2-year extension sought under this act is needed to give the House and Senate ample time to come together to address oversight findings to improve the program.

It is unfortunate that in the waning days of the previous Congress, bipartisan House efforts to provide the regulated community with confidence that the CFATS security regime would continue were rebuffed by a couple of Senators who took the public position that the program should be completely ended unless it was changed in the way they liked. In fact, they said as much in a letter to House and Senate leadership on October 23, 2018:

``If Congress fails to reform the CFATS program, we believe the program should expire and not continue to be reauthorized via annual appropriations.''

The approach they took was eerily similar to the one the President is now taking as he sets a partial government shutdown in motion to try and compel Congress to agree to providing nearly $6 billion in funding for a border wall.

Mr. Speaker, the Secretary of Homeland Security wrote to Congress in November urging for a short-term reauthorization.

Mr. Speaker, I include in the Record both the letter from my Senate colleagues and the letter from the Secretary.

U.S. Senate,

Washington, DC, October 23, 2018.

Hon. Michael McCaul,

Chairman, Committee on Homeland Security, House of

Representatives, Washington, DC.

Hon. Bennie Thompson,

Ranking Member, Committee on Homeland Security, House of

Representatives, Washington, DC.

Hon. Greg Walden,

Chairman, Committee on Energy and Commerce, House of

Representatives, Washington, DC.

Hon. Frank Pallone,

Ranking Member, Committee on Energy and Commerce, House of

Representatives, Washington, DC.

Dear Chairman McCaul, Chairman Walden, Ranking Member

Thompson, and Ranking Member Pallone: We write regarding S.

3405, the Protecting and Securing Chemical Facilities from

Terrorist Attacks Act of 2018. This bill will reauthorize the

Chemical Facility Anti-Terrorism Standards (CFATS) program at

the Department of Homeland Security (DHS) with commonsense

reforms to secure chemical facilities while reducing the

regulatory burden on the private sector.

During the 113th Congress, the Senate Committee on Homeland

Security and Governmental Affairs, House Committee on

Homeland Security, and House Committee on Energy and Commerce

worked together to reauthorize and reform the CFATS program,

although the reauthorization is set to expire in January

2019. At that time, the CFATS program faced significant

challenges, including long backlogs to review security plans,

a flawed tiering methodology, program management issues, and

questions about whether the program was effectively reducing

risk and enhancing security.

The CFATS program currently regulates over 3,000 chemical

facilities nationwide. Although DHS has improved its

management of the CFATS program over the past four years,

such as eliminating the estimated nine-year backlog of

reviewing facilities' unique site security plans, it is

evident that the program needs additional reforms. On June

12, 2018, the Senate Committee on Homeland Security and

Governmental Affairs held a roundtable that included DHS, the

U.S. Government Accountability Office, a CFATS chemical

inspector, and a variety of companies and industry groups.

During the roundtable, stakeholders provided feedback on

how to further improve the CFATS program. For example,

industry stakeholders expressed concerns about duplicative

regulatory regimes between DHS and the Bureau of Alcohol,

Tobacco, Firearms, and Explosives; advised that DHS should

not make terror screening mandatory for Tier 3 and Tier 4

facilities; complained about inadequate communication from

DHS about changes in facilities' tiering; and discussed how a

CFATS recognition program can provide greater regulatory

relief. We also heard from a CFATS chemical inspector on

basic and continuous training issues and need for

improvement, particularly with respect to cybersecurity. In

addition, the Committee's oversight has shown a need for DHS

to report on new metrics that will show if the program is

effectively measuring risk reduction and addressing the

current threat environment.

Incorporating this feedback from CFATS stakeholders,

Chairman Johnson introduced S. 3405 on September 4, 2018.

Senator Capito is a cosponsor. S. 3405 reauthorizes the CFATS

program for five years and brings

much-needed regulatory relief to the U.S. chemical industry

while effectively balancing safety and security. On September

26, 2018, the Senate Committee on Homeland Security and

Governmental Affairs unanimously reported S. 3405 favorably

by voice vote. On September 28, 2018, Rep. Katko, Rep.

Moolenaar, and Rep. Cuellar introduced H.R. 6992, a

bipartisan House companion.

In the coming weeks, we hope the committees of jurisdiction

will continue to work together, as they have throughout this

Congress, to find areas of agreement to reauthorize and

improve the CFATS program. The purpose of the reauthorization

process must be to improve federal regulatory programs

incorporating lessons learned from Congressional oversight.

S. 3405 provides a path for the CFATS program to continue for

an additional five years without inflicting burdensome and

duplicative regulations on DHS's industry partners. If

Congress fails to reform the CFATS program, we believe the

program should expire and not continue to be reauthorized via

annual appropriations.

We look forward to working with you to reauthorize the

CFATS program with commonsense reforms before the conclusion

of the 115th Congress. Thank you for your attention to this

important subject.

Sincerely,

Ron Johnson,

Chairman, Committee on Homeland Security and Governmental

Affairs.

Shelley Moore Capito,

Chairman, Subcommittee on Homeland Security Committee on

Appropriations.

Mr. Speaker, as Secretary Nielsen notes in her letter, `` . . . if the program were to lapse--as a result of the current sunsetting provision--it would increase the risk to our country and create uncertainty across the chemical industry.''

The Secretary and I may not agree on everything, but we agree on this: We cannot let this critical national security program fall victim to this political game of chicken.

Mr. Speaker, I urge my colleagues to support this legislation, and I reserve the balance of my time.

Mr. Speaker, I yield 2 minutes to the gentleman from Louisiana (Mr. Richmond).

Mr. Speaker, I yield an additional 30 seconds to the gentleman from Louisiana.

Mr. Speaker, how much time do I have remaining?

Mr. Speaker, I yield 2 minutes to the gentleman from New Jersey (Mr. Pallone).

Mr. Speaker, I yield an additional 1 minute to the gentleman from New Jersey.

Mr. Speaker I yield 2 minutes to the gentleman from New York (Mr. Tonko).

Mr. Speaker, H.R. 251 was introduced by Democratic and Republican leadership of the Homeland Security Committee and the Energy and Commerce Committee.

This bill would allow the Department of Homeland Security to continue working with high risk chemical facility owners and operators throughout the U.S. to guard dangerous chemicals against malicious actors.

For proof of how grave this threat is, one need look no further than West, Texas, where, in 2013, a perpetrator set fire to a fertilizer plant, causing an explosion that leveled an entire town. More than a dozen first responders and civilians lost their lives in the blast.

Allowing authority to lapse would throw away the progress that has been made since 2014 and needlessly make our communities less secure.

Mr. Speaker, I urge my colleagues in the House to support H.R. 251 and call on the Senate to join us in maintaining this important security program.

Mr. Speaker, I yield back the balance of my time.

Mr. Speaker, on that I demand the yeas and nays.

Mr. President, I wish submit to the Senate the budget scorekeeping report for June 2019. The report compares current-law levels of spending and revenues with the amounts the Senate agreed to in the Bipartisan Budget Act of 2018 BBAl8. This information is necessary for the Senate Budget Committee to determine whether budgetary points of order lie against pending legislation. The Republican staff of the Budget Committee and the Congressional Budget Office, CBO, prepared this report pursuant to section 308(b) of the Congressional Budget Act, CBA.

This is my fifth scorekeeping report this year. My last filing can be found in the Congressional Record for May 22, 2019. The information included in this report is current through June 24, 2019.

Since my last filing, Congress has cleared three pieces of legislation with significant budgetary effects. The first, the Additional Supplemental Appropriations for Disaster Relief Act, 2019, P.L. 116-20, provided $19.1 billion in emergency discretionary appropriations to address recent natural disasters. The second, the Blue Water Navy Vietnam Veterans Act of 2019, H.R. 299, increased compensation for certain veterans and modified veteran home loan programs. The final bill, the Taxpayer First Act, H.R. 3151, modified several rules that govern the organization of and operations at the Internal Revenue Service.

Budget Committee Republican staff prepared Tables A-C.

Table A gives the amount by which each Senate authorizing committee exceeds or is below its allocation for budget authority and outlays under the Fiscal Year 2019 enforceable levels filing required by BBA18. This information is used for enforcing committee allocations pursuant to section 302 of the CBA. For this reporting period, 9 of the 16 authorizing committees are not in compliance with their allocations. Over the current 10-year enforceable window, authorizing committees have increased outlays by a combined $3.6 billion. Of the bills clearing Congress this reporting period, H.R. 299 added to the Veterans' Affairs Committee's existing violations, including an increase in spending of $394 million over the 10-year window, while H.R. 3151 reduced spending scoreable to the Finance Committee by $201 million over the same time period.

Table B provides the amount by which the Senate Committee on Appropriations is below or exceeds the statutory spending limits. This information is used to determine points of order related to the spending caps found in sections 312 and 314 of the CBA. Appropriations for Fiscal Year 2019, displayed in this table, show that the Appropriations Committee is compliant with spending limits for the current fiscal year. Those limits for regular discretionary spending are $647 billion for accounts in the defense category and $597 billion for accounts in the nondefense category of spending.

The Fiscal Year 2018 budget resolution contained points of order limiting the use of changes in mandatory programs in appropriations bills, CHIMP. Table C, which tracks the CHIMP limit of $15 billion for Fiscal Year 2019, shows the Appropriations Committee has enacted $15 billion worth of full-year CHIMPs for this Fiscal Year.

In addition to the tables provided by Budget Committee Republican staff, I am submitting CBO tables, which I will use to enforce budget totals approved by Congress.

For Fiscal Year 2019, CBO estimates that current-law levels are $2.9 billion above and $3.3 billion below enforceable levels for budget authority and outlays, respectively. Revenues are $426 million below the level assumed in the budget resolution. These figures remain unchanged since the May Scorekeeping Report, as the appropriation provided in P.L. 116-20 was accompanied by a concurrent and equivalent increase in aggregate spending levels pursuant to section 314 of the CBA. This adjustment can be found in the Congressional Record for May 23, 2019. Further, Social Security revenues are at the levels assumed for Fiscal

Year 2019, while Social Security outlays are $4 million above assumed levels for the budget year.

CBO's report also provides information needed to enforce the Senate pay-as-you-go, PAYGO, rule. The PAYGO scorecard shows deficit increases in Fiscal Year 2019 of $1,957 million, $427 million revenue loss, $1,530 million outlay increase; over the Fiscal Year 2018-2023 period of $3,412 million, $907 million revenue loss, $2,505 million outlay increase; and over the Fiscal Year 2018-2028 period of $800 million, $798 million revenue loss, $2 million outlay increase. During this reporting period, H.R. 3151 had the effect of reducing deficits by $37 million over both the Fiscal Year 2018-2023 and Fiscal Year 2018-2028 periods, while H.R. 299 increased deficits by $76 million and $394 million over the same periods, respectively.

This submission also includes a table tracking the Senate's budget enforcement activity on the floor since the enforcement filing on May 7, 2018. Since my last report, no new budgetary points of order were raised. On May 23, 2019, however, a Senator made a preemptive motion to waive all applicable points of order against the supplemental appropriations bill that would become P.L. 116-20.

All years in the accompanying tables are fiscal years.

I ask unanimous consent that the accompanying tables be printed in the Record.

Mr. President, I wish to submit to the Senate the budget scorekeeping report for February 2019. The report compares current-law levels of spending and revenues with the amounts the Senate agreed to in the Bipartisan Budget Act of 2018, BBA18. This information is necessary for the Senate Budget Committee to determine whether budgetary points of order lie against pending legislation. The Republican staff of the Budget Committee and the Congressional Budget Office, CBO, prepared this report pursuant to section 308(b) of the Congressional Budget Act, CBA.

This is my second scorekeeping report this year. My last filing can be found in the Congressional Record for January 10, 2019. The information included in this report is current through February 25, 2019.

Since my last filing, two bills with significant budgetary effects cleared Congress, the Medicaid Extenders Act of 2019, P.L. 116-3, and the Consolidated Appropriations Act, 2019, P.L. 116-6.

Budget Committee Republican staff prepared Tables 1-3.

Table 1 gives the amount by which each Senate authorizing committee exceeds or is below its allocation for budget authority and outlays under the most recently adopted budget resolution and the fiscal year 2019 enforceable levels filing. This information is used for enforcing committee allocations pursuant to section 302 of the CBA. Over the current 10-year enforceable window, authorizing committees have increased outlays by a combined $3.4 billion. For this reporting period, as in my last report, 8 of the 16 authorizing committees are not in compliance with their allocations. Two of these committees, Finance and Judiciary, further exacerbated their violations during this work period with the passage of Medicaid Extenders and the authorizing division, Division H, of the final 2019 appropriations bill, respectively. For the Finance Committee, P.L. 116-3 was estimated to increase budget authority over each enforceable period for its allocation, with the largest violation, $120 million, occurring in 2019. For the Judiciary Committee, Division H of P.L. 116-6, which included various immigration extenders, was estimated to increase budget authority and outlays by $30 million over the next 10 years.

Table 2 provides the amount by which the Senate Committee on Appropriations is below or exceeds the statutory spending limits. This information is used to determine points of order related to the spending caps found in sections 312 and 314 of the CBA. Appropriations for fiscal year 2019, displayed in this table, show that the Appropriations Committee is compliant with spending limits for fiscal year 2019. Those limits for regular discretionary spending are $647 billion for accounts in the defense category and $597 billion for accounts in the nondefense category of spending.

The fiscal year 2018 budget resolution contained points of order limiting the use of changes in mandatory programs in appropriations bills, CHIMPs. Table 3, which tracks the CHIMP limit of $15 billion for fiscal year 2019, shows the Appropriations Committee has enacted $15 billion worth of full-year CHIMPs for fiscal year 2019. The fiscal year 2019 CHIMPs were contained in the Labor, Health and Human Services, Education and Related Agencies division of P.L. 115-245 and the Commerce, Justice, Science, and Related Agencies division of P.L. 116- 6. This information is used for determining the point of order under section 4102, overall limit, of H. Con. Res. 71, 115th Congress.

In addition to the tables provided by Budget Committee Republican staff, I am submitting CBO tables, which I will use to enforce budget totals approved by Congress.

For fiscal year 2019, CBO estimates that current-law levels are $2.8 billion above and $3.3 billion below enforceable levels for budget authority and outlays, respectively. Revenues are $426 million below the level assumed in the budget resolution. Further, Social Security revenues are at the levels assumed for fiscal year 2019, while Social Security outlays are $4 million above assumed levels for the budget year.

CBO's report also provides information needed to enforce the Senate pay-as-you-go, PAYGO, rule. The PAYGO scorecard shows deficit increases in fiscal year 2019 of $1,930 million--$427 million revenue loss, $1,503 million outlay increase--over the fiscal year 2018-2023 period of $3,337 million--$894 million revenue loss, $2,443 million outlay increase--and over the fiscal year 2018-2028 period of $425 million-- $634 million revenue loss, $209 million outlay decrease. During this work period, one bill, the Consolidated Appropriations Act, 2019, included a statutory exemption for the budgetary effects of its Division H from the Senate's PAYGO scorecard. The Senate's PAYGO rule is enforced by section 4106 of H. Con. Res. 71, 115th Congress.

This submission also includes a table tracking the Senate's budget enforcement activity on the floor since the enforcement filing on May 7, 2018. Since my last report, no new budgetary points of order were raised.

All years in the accompanying tables are fiscal years.

I ask unanimous consent that the accompanying tables be printed in the Record.

Mr. President, I rise to submit to the Senate the budget scorekeeping report for April 2019. The report compares current-law levels of spending and revenues with the amounts the Senate agreed to in the Bipartisan Budget Act of 2018, BBA18. This information is necessary for the Senate Budget Committee to determine whether budgetary points of order lie against pending legislation. The Republican staff of the Budget Committee and the Congressional Budget Office, CBO, prepared this report pursuant to section 308(b) of the Congressional Budget Act, CBA.

This is my third scorekeeping report this year. My last filing can be found in the Congressional Record for February 27, 2019. The information included in this report is current through April 8, 2019.

Since my last filing, three bills with significant budgetary effects cleared Congress, the Pesticide Registration Improvement Extension Act of 2018, P.L. 116-8; the John D. Dingell, Jr. Conservation, Management, and Recreation Act, P.L. 116-9; and the Medicaid Services Investment and Accountability Act of 2019, H.R. 1839.

Budget Committee Republican staff prepared Tables 1-3.

Table 1 gives the amount by which each Senate authorizing committee exceeds or is below its allocation for budget authority and outlays under the fiscal year 2019 enforceable levels filing required by BBA18. This information is used for enforcing committee allocations pursuant to section 302 of the CBA. Over the current 10-year enforceable window, authorizing committees have increased outlays by a combined $3.4 billion. For this reporting period, as in my last report, 8 of the 16 authorizing committees are not in compliance with their allocations. One of these committees, Finance, further exacerbated its violations this work period with the passage of the Medicaid Services Investment and Accountability Act. CBO estimates that this measure will increase mandatory spending for all enforceable periods, including an increase in outlays of $27 million over the Fiscal Year 2019-2028 period. The Agriculture Committee reduced the size of its violations with the passage of the Pesticide Registration Improvement Extension Act, which CBO scores as reducing outlays by $5 million in Fiscal Year 2019 and by $23 million over the Fiscal Year 2019-2023 period. The Energy and Natural Resources Committee, which was not in breach of its allocation for the last reporting cycle, continued to reduce spending with the passage of the John D. Dingell, Jr. Conservation, Management, and Recreation Act. CBO estimates that this measure will reduce spending by $10 million over both the 5- and 10-year enforceable windows. This savings is credited to its allocation, as shown in the table.

Tables 2 provides the amount by which the Senate Committee on Appropriations is below or exceeds the statutory spending limits. This information is used to determine points of order related to the spending caps found in sections 312 and 314 of the CBA. Appropriations for Fiscal Year 2019, displayed in this table, show that the Appropriations Committee is compliant with spending limits for Fiscal Year 2019. Those limits for regular discretionary spending are $647 billion for accounts in the defense category and $597 billion for accounts in the nondefense category of spending.

The Fiscal Year 2018 budget resolution contained points of order limiting the use of changes in mandatory programs in appropriations bills, CHIMPs. Table 3, which tracks the CHIMP limit of $15 billion for Fiscal Year 2019, shows the Appropriations Committee has enacted $15 billion worth of full-year CHIMPs for Fiscal Year 2019.

In addition to the tables provided by Budget Committee Republican staff, I am submitting CBO tables, which I will use to enforce budget totals approved by Congress.

For Fiscal Year 2019, CBO estimates that current-law levels are $2.9 billion above and $3.3 billion below enforceable levels for budget authority and outlays, respectively. Revenues are $426 million below the level assumed in the budget resolution. Further, Social Security revenues are at the levels assumed for Fiscal Year 2019, while Social Security outlays are $4 million above assumed levels for the budget year.

CBO's report also provides information needed to enforce the Senate pay-as-you-go, PAYGO, rule. The PAYGO scorecard shows deficit increases in Fiscal Year 2019 of $1,957 million--$427 million revenue loss, $1,530 million outlay increase; over the Fiscal Year 2018-2023 period of $3,373 million--$894 million revenue loss, $2,479 million outlay increase; and over the Fiscal Year 2018-2028 period of $442 million, $634 million revenue loss, $192 million outlay decrease.

This submission also includes a table tracking the Senate's budget enforcement activity on the floor since the enforcement filing on May 7, 2018. Since my last report, no new budgetary points of order were raised.

All years in the accompanying tables are fiscal years.

I ask unanimous consent that the accompanying tables be printed in the Record.

Mr. President, I wish to submit to the Senate the budget scorekeeping report for May 2019. The report compares current-law levels of spending and revenues with the amounts the Senate agreed to in the Bipartisan Budget Act of 2018, BBA18. This information is necessary for the Senate Budget Committee to determine whether budgetary points of order lie against pending legislation.

The Republican staff of the Budget Committee and the Congressional Budget Office, CBO, prepared this report pursuant to section 308(b) of the Congressional Budget Act, CBA.

This is my fourth scorekeeping report this year. My last filing can be found in the Congressional Record for April 10, 2019. The information included in this report is current through May 20, 2019.

Since my last filing, Congress has cleared only one measure, S. 1436, a bill to make technical corrections to the computation of average pay under Public Law 110-279, with significant budgetary effects. This bill made changes to the calculation of retirement benefits for certain employees who staff the dining services for the U.S. Senate. Those services were privatized in 2008.

Budget Committee Republican staff prepared tables A-C.

Table A gives the amount by which each Senate authorizing committee exceeds or is below its allocation for budget authority and outlays under the fiscal year 2019 enforceable levels filing required by BBA18. This information is used for enforcing committee allocations pursuant to section 302 of the CBA. Over the current 10-year enforceable window, authorizing committees have increased outlays by a combined $3.4 billion. For this reporting period, 9 of the 16 authorizing committees are not in compliance with their allocations. As a result of passage of S. 1436, the Senate Committee on Rules and Administration is now in violation of its allocation for both budget authority and outlays over the fiscal year 2019-2028 period.

Table B provides the amount by which the Senate Committee on Appropriations is below or exceeds the statutory spending limits. This information is used to determine points of order related to the spending caps found in sections 312 and 314 of the CBA. Appropriations for fiscal year 2019, displayed in this table, show that the Appropriations Committee is compliant with spending limits for the current fiscal year. Those limits for regular discretionary spending are $647 billion for accounts in the defense category and $597 billion for accounts in the nondefense category of spending.

The fiscal year 2018 budget resolution contained points of order limiting the use of changes in mandatory programs in appropriations bills, CHIMPs. Table C, which tracks the CHIMP limit of $15 billion for fiscal year 2019, shows the Appropriations Committee has enacted $15 billion worth of full-year CHIMPs for this fiscal year.

In addition to the tables provided by Budget Committee Republican staff, I am submitting CBO tables, which I will use to enforce budget totals approved by Congress.

For fiscal year 2019, CBO estimates that current-law levels are $2.9 billion above and $3.3 billion below enforceable levels for budget authority and outlays, respectively. Revenues are $426 million below the level assumed in the budget resolution. Further, Social Security revenues are at the levels assumed for fiscal year 2019, while Social Security outlays are $4 million above assumed levels for the budget year.

CBO's report also provides information needed to enforce the Senate pay-as-you-go, PAYGO, rule. The PAYGO scorecard shows deficit increases in fiscal year 2019 of $1,957 million, $427 million revenue loss, $1,530 million outlay increase; over the fiscal year 2018-2023 period of $3,373 million, $894 million revenue loss, $2,479 million outlay increase; and over the fiscal year 2018-2028 period of $443 million, $634 million revenue loss, $191 million outlay decrease.

This submission also includes a table tracking the Senate's budget enforcement activity on the floor since the enforcement filing on May 7, 2018. Since my last report, no new budgetary points of order were raised.

All years in the accompanying tables are fiscal years.

I ask unanimous consent that the accompanying tables be printed in the Record.