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…
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.