[Congressional Record Volume 160, Number 105 (Tuesday, July 8, 2014)]
[House]
[Pages H5845-H5854]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
CHEMICAL FACILITY ANTI-TERRORISM STANDARDS PROGRAM AUTHORIZATION AND
ACCOUNTABILITY ACT OF 2014
Mr. MEEHAN. Mr. Speaker, I move to suspend the rules and pass the
bill (H.R. 4007) to recodify and reauthorize the Chemical Facility
Anti-Terrorism Standards Program, as amended.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 4007
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Chemical Facility Anti-
Terrorism Standards Program Authorization and Accountability
Act of 2014''.
SEC. 2. CHEMICAL FACILITY ANTI-TERRORISM STANDARDS PROGRAM.
(a) In General.--The Homeland Security Act of 2002 (6
U.S.C. 101 et seq.) is amended by adding at the end the
following:
``TITLE XXI--CHEMICAL FACILITY ANTI-TERRORISM STANDARDS
``SEC. 2101. CHEMICAL FACILITY ANTI-TERRORISM STANDARDS
PROGRAM.
``(a) Program Established.--There is in the Department a
Chemical Facility Anti-Terrorism Standards Program. Under
such Program, the Secretary shall establish risk-based
performance standards designed to protect covered chemical
facilities and chemical facilities of interest from acts of
terrorism and other security risks and require such
facilities to submit security vulnerability assessments and
to develop and implement site security plans.
``(b) Security Measures.--Site security plans required
under subsection (a) may include layered security measures
that, in combination, appropriately address the security
vulnerability assessment and the risk-based performance
standards for security for the facility.
``(c) Approval or Disapproval of Site Security Plans.--
``(1) In general.--The Secretary shall review and approve
or disapprove each security vulnerability assessment and site
security plan under subsection (a). The Secretary may not
disapprove a site security plan based on the presence or
absence of a particular security measure, but the Secretary
shall disapprove a site security plan if the plan fails to
satisfy the risk-based performance standards established
under subsection (a).
``(2) Alternative security programs.--The Secretary may
approve an alternative security program established by a
private sector entity or a Federal, State, or local authority
or pursuant to other applicable laws, if the Secretary
determines that the requirements of such program meet the
requirements of this section. A covered chemical facility may
meet the site security plan requirement under subsection (a)
by adopting an alternative security program that has been
reviewed and approved by the Secretary under this paragraph.
``(3) Site security plan assessments.--In approving or
disapproving a site security plan under this subsection, the
Secretary shall employ the risk assessment policies and
procedures developed under this title. In the case of a
covered chemical facility for which a site security plan has
been approved by the Secretary before the date of the
enactment of this title, the Secretary may not require the
resubmission of the site security information solely by
reason of the enactment of this title.
``(4) Consultation.--The Secretary may consult with the
Government Accountability Office to investigate the
feasibility and applicability a third party accreditation
program that would work with industry stakeholders to develop
site security plans that may be applicable to all similarly
situated facilities. The program would include the
development of Program-Specific Handbooks for facilities to
reference on site.
``(d) Compliance.--
``(1) Audits and inspections.--
``(A) In general.--The Secretary shall conduct the audit
and inspection of covered chemical facilities for the purpose
of determining compliance with this Act. The audit and
inspection may be carried out by a non-Department or
nongovernment entity, as approved by the Secretary.
``(B) Reporting structure.--Any audit or inspection
conducted by an individual employed by a nongovernment entity
shall be assigned in coordination with the head of audits and
inspections for the region in which the audit or inspection
is to be conducted. When in the field, any individual
employed by a nongovernment entity shall report to
[[Page H5846]]
the respective head of audits and inspections for the region
in which the individual is operating.
``(C) Requirements for nongovernment personnel.--If the
Secretary arranges for an audit or inspection under
subparagraph (A) to be carried out by a nongovernment entity,
the Secretary shall require, as a condition of such
arrangement, that any individual who conducts the audit or
inspection be a citizen of the United States and shall
prescribe standards for the qualification of the individuals
who carry out such audits and inspections that are
commensurate with the standards for a Government auditor or
inspector. Such standards shall include--
``(i) minimum training requirements for new auditors or
inspectors;
``(ii) retraining requirements;
``(iii) minimum education and experience levels;
``(iv) the submission of information as required by the
Secretary to enable determination of whether the auditor or
inspector has a conflict of interest;
``(v) the maintenance of a secret security clearance;
``(vi) reporting any issue of non-compliance with this
section to the Secretary within 24 hours; and
``(vii) any additional qualifications for fitness of duty
as the Secretary may establish.
``(D) Training of department auditors and inspectors.--The
Secretary shall prescribe standards for the training and
retraining of individuals employed by the Department as
auditors and inspectors. Such standards shall include--
``(i) minimum training requirements for new auditors and
inspectors;
``(ii) retraining requirements; and
``(iii) any additional requirements the Secretary may
establish.
``(2) Notice of noncompliance.--
``(A) Notice.--If the Secretary determines that a covered
chemical facility or a chemical facility of interest is not
in compliance with this section, the Secretary shall--
``(i) provide the owner or operator of the facility with--
``(I) written notification (including a clear explanation
of any deficiency in the security vulnerability assessment or
site security plan) by not later than 14 days after the
determination is made; and
``(II) an opportunity for consultation with the Secretary
or the Secretary's designee; and
``(ii) issue an order to comply by such date as the
Secretary determines to be appropriate under the
circumstances.
``(B) Continued noncompliance.--If the owner or operator
continues to be in noncompliance after the date specified in
such order, the Secretary may enter an order assessing a
civil penalty, an order to cease operations, or both.
``(3) Personnel surety.--
``(A) Personnel surety program.--For purposes of this
title, the Secretary shall carry out a Personnel Surety
Program that--
``(i) does not require an owner or operator of a covered
chemical facility that voluntarily participates to submit
information about an individual more than one time;
``(ii) provides a participating owner or operator of a
covered chemical facility with feedback about an individual
based on vetting the individual against the terrorist
screening database, to the extent that such feedback is
necessary for the facility's compliance with regulations
promulgated under this title; and
``(iii) provides redress to an individual whose information
was vetted against the terrorist screening database under the
program and who believes that the personally identifiable
information submitted to the Department for such vetting by a
covered chemical facility, or its designated representative,
was inaccurate.
``(B) Personnel surety implementation.--To the extent that
a risk-based performance standard under subsection (a) is
directed toward identifying individuals with terrorist ties--
``(i) a covered chemical facility may satisfy its
obligation under such standard with respect to an individual
by utilizing any Federal screening program that periodically
vets individuals against the terrorist screening database, or
any successor, including the Personnel Surety Program under
subparagraph (A); and
``(ii) the Secretary may not require a covered chemical
facility to submit any information about such individual
unless the individual--
``(I) is vetted under the Personnel Surety Program; or
``(II) has been identified as presenting a terrorism
security risk.
``(C) Responsibilities of security screening coordination
office.--
``(i) In general.--The Secretary shall direct the Security
Screening Coordination Office of the Department to coordinate
with the National Protection and Programs Directorate to
expedite the development of a common credential that screens
against the terrorist screening database on a recurrent basis
and meets all other screening requirements of this title.
``(ii) Report.--Not later than March 1, 2015, and annually
thereafter, the Secretary shall submit to Congress a report
on the progress of the Secretary in meeting the requirements
of clause (i).
``(4) Facility access.--For purposes of the compliance of a
covered chemical facility with a risk-based performance
standard established under subsection (a), the Secretary may
not require the facility to submit any information about an
individual who has been granted access to the facility unless
the individual--
``(A) was vetted under the Personnel Surety Program; or
``(B) has been identified as presenting a terrorism
security risk.
``(5) Availability of information.--The Secretary shall
share with the owner or operator of a covered chemical
facility such information as the owner or operator needs to
comply with this section.
``(e) Responsibilities of the Secretary.--
``(1) Identification of facilities of interest.--In
carrying out this title, the Secretary shall consult with the
heads of other Federal agencies, States and political
subdivisions thereof, and relevant business associations to
identify all chemical facilities of interest.
``(2) Risk assessment.--
``(A) In general.--For purposes of this title, the
Secretary shall develop a risk assessment approach and
corresponding tiering methodology that incorporates all
relevant elements of risk, including threat, vulnerability,
and consequence.
``(B) Criteria for determining security risk.--The criteria
for determining the security risk of terrorism associated
with a facility shall include--
``(i) the relevant threat information;
``(ii) the potential economic consequences and the
potential loss of human life in the event of the facility
being subject to a terrorist attack, compromise,
infiltration, or exploitation; and
``(iii) the vulnerability of the facility to a terrorist
attack, compromise, infiltration, or exploitation.
``(3) Changes in tiering.--Any time that tiering for a
covered chemical facility is changed and the facility is
determined to no longer be subject to the requirements of
this title, the Secretary shall maintain records to reflect
the basis for this determination. The records shall include
information on whether and how the information that was the
basis for the determination was confirmed by the Secretary.
``(f) Definitions.--In this title:
``(1) The term `covered chemical facility' means a facility
that the Secretary identifies as a chemical facility of
interest and, based upon review of a Top-Screen, as such term
is defined in section 27.105 of title 6 of Code of Federal
Regulations, determines meets the risk criteria developed
pursuant subsection (e)(2)(B). Such term does not include any
of the following:
``(A) A facility regulated pursuant to the Maritime
Transportation Security Act of 2002 (Public Law 107-295).
``(B) A Public Water System, as such term is defined by
section 1401 of the Safe Drinking Water Act (Public Law 93-
523; 42 U.S.C. 300f).
``(C) A Treatment Works, as such term is defined in section
212 of the Federal Water Pollution Control Act (Public Law
92-500; 33 U.S.C. 12920).
``(D) Any facility owned or operated by the Department of
Defense or the Department of Energy.
``(E) Any facility subject to regulation by the Nuclear
Regulatory Commission.
``(2) The term `chemical facility of interest' means a
facility that holds, or that the Secretary has a reasonable
basis to believe holds, a Chemical of Interest, as designated
under in Appendix A of title 6 of the Code of Federal
Regulations, at a threshold quantity that meets relevant
risk-related criteria developed pursuant to subsection
(e)(2)(B).
``SEC. 2102. PROTECTION AND SHARING OF INFORMATION.
``(a) In General.--Notwithstanding any other provision of
law, information developed pursuant to this title, including
vulnerability assessments, site security plans, and other
security related information, records, and documents shall be
given protections from public disclosure consistent with
similar information developed by chemical facilities subject
to regulation under section 70103 of title 46, United States
Code.
``(b) Sharing of Information With States and Local
Governments.--This section does not prohibit the sharing of
information developed pursuant to this title, as the
Secretary deems appropriate, with State and local government
officials possessing the necessary security clearances,
including law enforcement officials and first responders, for
the purpose of carrying out this title, if such information
may not be disclosed pursuant to any State or local law.
``(c) Sharing of Information With First Responders.--The
Secretary shall provide to State, local, and regional fusion
centers (as such term is defined in section 210A(j)(1) of
this Act) and State and local government officials, as
determined appropriate by the Secretary, such information as
is necessary to help ensure that first responders are
properly prepared and provided with the situational awareness
needed to respond to incidents at covered chemical
facilities. Such information shall be disseminated through
the Homeland Security Information Network or the Homeland
Secure Data Network, as appropriate.
``(d) Enforcement Proceedings.--In any proceeding to
enforce this section, vulnerability assessments, site
security plans, and other information submitted to or
obtained by the Secretary under this section, and related
vulnerability or security information, shall be treated as if
the information were classified material.
[[Page H5847]]
``SEC. 2103. CIVIL PENALTIES.
``(a) Violations.--Any person who violates an order issued
under this title shall be liable for a civil penalty under
section 70119(a) of title 46, United States Code.
``(b) Right of Action.--Nothing in this title confers upon
any person except the Secretary a right of action against an
owner or operator of a covered chemical facility to enforce
any provision of this title.
``SEC. 2104. WHISTLEBLOWER PROTECTIONS.
``The Secretary shall publish on the Internet website of
the Department and in other materials made available to the
public the whistleblower protections that an individual
providing such information would have.
``SEC. 2105. RELATIONSHIP TO OTHER LAWS.
``(a) Other Federal Laws.--Nothing in this title shall be
construed to supersede, amend, alter, or affect any Federal
law that regulates the manufacture, distribution in commerce,
use, sale, other treatment, or disposal of chemical
substances or mixtures.
``(b) States and Political Subdivisions.--This title shall
not preclude or deny any right of any State or political
subdivision thereof to adopt or enforce any regulation,
requirement, or standard of performance with respect to
chemical facility security that is more stringent than a
regulation, requirement, or standard of performance issued
under this section, or otherwise impair any right or
jurisdiction of any State with respect to chemical facilities
within that State, unless there is an actual conflict between
this section and the law of that State.
``(c) Rail Transit.--
``(1) Duplicative regulations.--The Secretary shall
coordinate with the Assistant Secretary of Homeland Security
(Transportation Security Administration) to eliminate any
provision of this title applicable to rail security that
would duplicate any security measure under the Rail
Transportation Security Rule under section 1580 of title 49
of the Code of Federal Regulations, as in effect as of the
date of the enactment of this title. To the extent that there
is a conflict between this title and any regulation under the
jurisdiction of the Transportation Security Administration,
the regulation under the jurisdiction of the Transportation
Security Administration shall prevail.
``(2) Exemption from top-screen.--A rail transit facility
or a rail facility, as such terms are defined in section
1580.3 of title 49 of the Code of Federal Regulations, to
which subpart 3 of such title applies pursuant to section
1580.100 of such title shall not be required to complete a
Top-Screen as such term is defined in section 27.105 of title
6 of the Code of Federal Regulations.
``SEC. 2106. REPORTS.
``(a) Report to Congress.--Not later than 18 months after
the date of the enactment of this title, the Secretary shall
submit to Congress a report on the Chemical Facilities Anti-
Terrorism Standards Program. Such report shall include each
of the following:
``(1) Certification by the Secretary that the Secretary has
made significant progress in the identification of all
chemical facilities of interest pursuant to section
2101(e)(1), including a description of the steps taken to
achieve such progress and the metrics used to measure it,
information on whether facilities that submitted Top-Screens
as a result of such efforts were tiered and in what tiers
they were placed, and an action plan to better identify
chemical facilities of interest and bring those facilities
into compliance.
``(2) Certification by the Secretary that the Secretary has
developed a risk assessment approach and corresponding
tiering methodology pursuant to section 2101(e)(2).
``(3) An assessment by the Secretary of the implementation
by the Department of any recommendations made by the Homeland
Security Studies and Analysis Institute as outlined in the
Institute's Tiering Methodology Peer Review (Publication
Number: RP12-22-02).
``(b) Semiannual GAO Report.--During the 3-year period
beginning on the date of the enactment of this title, the
Comptroller General of the United States shall submit a
semiannual report to Congress containing the assessment of
the Comptroller General of the implementation of this title.
The Comptroller General shall submit the first such report by
not later than the date that is 180 days after the date of
the enactment of this title.
``SEC. 2107. CFATS REGULATIONS.
``(a) In General.--The Secretary is authorized, in
accordance with chapter 5 of title 5, United States Code, to
promulgate regulations implementing the provisions of this
title.
``(b) Existing CFATS Regulations.--In carrying out the
requirements of this title, the Secretary shall use the CFATS
regulations, as in effect immediately before the date of the
enactment of this title, that the Secretary determines carry
out such requirements, and may issue new regulations or amend
such regulations pursuant to the authority in subsection (a).
``(c) Definition of CFATS Regulations.--In this section,
the term `CFATS regulations' means the regulations prescribed
pursuant to section 550 of the Department of Homeland
Security Appropriations Act, 2007 (Public Law 109-295; 120
Stat. 1388; 6 U.S.C. 121 note), as well as all Federal
Register notices and other published guidance concerning
section 550 of the Department of Homeland Security
Appropriations Act, 2007.
``(d) Authority.--The Secretary shall exclusively rely upon
authority provided in this title for determining compliance
with this title in--
``(1) identifying chemicals of interest;
``(2) designating chemicals of interest; and
``(3) determining security risk associated with a chemical
facility.
``SEC. 2108. SMALL COVERED CHEMICAL FACILITIES.
``(a) In General.--The Secretary may provide guidance and,
as appropriate, tools, methodologies, or computer software,
to assist small covered chemical facilities in developing
their physical security.
``(b) Report.--The Secretary shall submit to the Committee
on Homeland Security of the House of Representatives and the
Committee on Homeland Security and Governmental Affairs of
the Senate a report on best practices that may assist small
chemical facilities, as defined by the Secretary, in
development of physical security best practices.
``(c) Definition.--For purposes of this section, the term
`small covered chemical facility' means a covered chemical
facility that has fewer than 350 employees employed at the
covered chemical facility, and is not a branch or subsidiary
of another entity.
``SEC. 2109. OUTREACH TO CHEMICAL FACILITIES OF INTEREST.
``Not later than 90 days after the date of the enactment of
this title, the Secretary shall establish an outreach
implementation plan, in coordination with the heads of other
appropriate Federal and State agencies and relevant business
associations, to identify chemical facilities of interest and
make available compliance assistance materials and
information on education and training.
``SEC. 2110. AUTHORIZATION OF APPROPRIATIONS.
``There is authorized to be appropriated to carry out this
title $81,000,000 for each of fiscal years 2015, 2016, and
2017.''.
(b) Clerical Amendment.--The table of contents in section
1(b) of such Act is amended by adding at the end the
following:
``TITLE XXI--CHEMICAL FACILITY ANTI-TERRORISM STANDARDS
``Sec. 2101. Chemical Facility Anti-Terrorism Standards Program.
``Sec. 2102. Protection and sharing of information.
``Sec. 2103. Civil penalties.
``Sec. 2104. Whistleblower protections.
``Sec. 2105. Relationship to other laws.
``Sec. 2106. Reports.
``Sec. 2107. CFATS regulations.
``Sec. 2108. Small covered chemical facilities.
``Sec. 2109. Outreach to chemical facilities of interest.
``Sec. 2110. Authorization of appropriations.''.
(c) Third-party Assessment.--Using amounts authorized to be
appropriated under section 2110 of the Homeland Security Act
of 2002, as added by subsection (a), the Secretary of
Homeland Security shall commission a third-party study to
assess vulnerabilities to acts of terrorism associated with
the Chemical Facility Anti-Terrorism Standards program, as
authorized pursuant to section 550 of the Department of
Homeland Security Appropriations Act, 2007 (Public Law 109-
295; 120 Stat. 1388; 6 U.S.C. 121 note).
(d) Metrics.--Not later than 180 days after the date of the
enactment of this Act, the Secretary shall submit to Congress
a plan for the utilization of metrics to assess the
effectiveness of the Chemical Facility Anti-Terrorism
Standards program to reduce the risk of a terrorist attack or
other security risk to those citizens and communities
surrounding covered chemical facilities. The plan shall
include benchmarks on when the program will begin utilizing
the metrics and how the Department of Homeland Security plans
to use the information to inform the program.
SEC. 3. EFFECTIVE DATE.
This Act, and the amendments made by this Act, shall take
effect on the date that is 30 days after the date of the
enactment of this Act.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Pennsylvania (Mr. Meehan) and the gentleman from Mississippi (Mr.
Thompson) each will control 20 minutes.
The Chair recognizes the gentleman from Pennsylvania.
General Leave
Mr. MEEHAN. Mr. Speaker, I ask unanimous consent that all Members
have 5 legislative days within which to revise and extend their remarks
and include any extraneous material on the bill under consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Pennsylvania?
There was no objection.
Mr. MEEHAN. Mr. Speaker, I yield myself such time as I may consume.
I rise today in support of H.R. 4007, the Chemical Facility Anti-
Terrorism Standards Program Authorization and Accountability Act of
2014. This bipartisan legislation continues our efforts to provide a
sound plan and clear objectives for the Department of Homeland
Security's Chemical Facility Anti-Terrorism Standards, or what we call
CFATS.
Before I discuss the merits of the bill, itself, I would like to
extend a special
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debt of gratitude to Chairman Upton and subcommittee Chairman Shimkus
of the Energy and Commerce Committee, without whom H.R. 4007 would not
be on the floor today.
The Committee on Homeland Security and the Committee on Energy and
Commerce share jurisdiction over the CFATS program, and our goal of
ensuring that CFATS is doing what needs to be done to protect American
chemical facilities from acts of terrorism is a common one. Therefore,
our two committees work together to create this bill.
In fact, last summer, Chairman Upton and Chairman McCaul sent a
letter to then-Secretary Napolitano, expressing their frustration with
the Department's delay in getting the CFATS program up and running.
They vowed to work together as the program's authorizers to provide the
guidance and direction the program needed and to do so immediately.
H.R. 4007 represents the culmination of our collaborative efforts to
fulfill the pledge.
Over the course of the past year, our two committees have worked in
partnership with all of the CFATS key stakeholders, including both the
regulated community and the Department itself, to assess the program's
strengths and shortcomings, and develop a straightforward, practically
minded piece of legislation to improve the CFATS program overall.
I am very proud of the partnership in getting H.R. 4007 done, and I
am grateful for Chairmen Upton and Shimkus and their support for
allowing us to bring the bill to the floor swiftly in the interest of
seeing this legislation enacted in this Congress.
I would like to note that the Energy and Commerce Committee's
exchange of letters with the Homeland Security Committee in no way
diminishes that committee's jurisdictional claim to or authority over
the CFATS program.
This bill represents the result of the legislative process done
right: committees and Members of Congress working in partnership with
one another to do what is best for America. I am proud to share the
credit of the bill with Chairman Upton and Chairman Shimkus, and my
good friends and colleagues from the other side of the aisle. Good
governance is represented here today.
CFATS was created by the Department of Homeland Security in 2007
after Congress authorized the Department to develop a set of
vulnerability assessment standards for chemical plants and to implement
a corresponding set of regulations that will protect the highest risk
facilities from a physical attack.
Prior to the attacks on 9/11, Congress had established an array of
laws aimed at preventing environmental disasters at facilities that
produce or store potentially dangerous chemicals. While those laws
remain, Congress and the Department of Homeland Security developed
CFATS specifically to prevent an intentional attack on chemical
facilities.
The program uses risk-based performance standards in order to provide
individual facilities the flexibility to address their unique security
challenges. Importantly, the Department developed a tiering structure
that permits CFATS to focus their resources on the higher-risk
facilities. By partnering with industry, CFATS requires the covered
chemical facilities to prepare security vulnerability assessments and
develop and implement site security plans that are based on those
assessments.
Despite what we would all agree are the best of intentions, it is no
secret that CFATS has struggled throughout its 7-year history. From
implementation problems to management flaws to insufficient feedback
from facilities, highlighted in the aftermath of the West, Texas,
disaster, CFATS has had a rocky start. However, let's be mindful that
mismanagement is not synonymous with policy failure.
Our goal has been to identify both the major problems with the
program and the progress made by DHS to correct them. The assessment
has given us the ability to craft a set of benchmarks that are
complementary to the President's Executive Order No. 13650 that was
released after the tragic explosion at the West Fertilizer plant in
West, Texas, last spring.
For the past 4 years, CFATS has relied on appropriations with no
official guidance or authorizing statute from Congress. Past attempts
to reauthorize the program have failed due to either overly ambitious
proposals or sweeping overhauls that expand the scope of its intent.
Let's first fix the program before we debate granting greater
responsibility.
We have taken a modest, practical approach to reauthorization. We
have determined that the site security plan approval process needs
greater efficiency. The compliance process is greatly in need of better
coordination. Implementing a sensible and effective methodology in
assessing risk will help DHS better communicate with State and local
officials, as well as other Federal agencies and industry associations,
to identify facilities. This is important as we talk about issues like
the West, Texas, plant. CFATS must remain on probation until the
program proves its effectiveness. Therefore, the Government
Accountability Office should continue to assess the program and report
to Congress its findings on a biannual basis--all parts that are
included in that bill.
The resulting legislation, H.R. 4007, does all of these things and,
therefore, enjoys support from a wide array of stakeholders.
Republicans and Democrats have voiced their support for the bill. In
addition to having two Democratic cosponsors, Representatives Gene
Green and Filemon Vela, Homeland Security Secretary Jeh Johnson
explicitly endorsed H.R. 4007 in February of this year. We have worked
with the House Energy and Commerce Committee and the Senate Homeland
Security and Governmental Affairs Committee to produce legislation that
puts the security of Americans above politics and jurisdictional
values.
This bill has support from the House; the Senate, which is in the
process of crafting a companion bill, which they plan to mark up this
month; DHS Secretary Jeh Johnson; and industry stakeholders, including
the Chamber of Commerce of the United States, the American Chemistry
Council, CropLife America, and a coalition comprised of a broad
spectrum of agricultural, mining, petroleum, and transport
organizations. At this time, I would like to enter those support
letters into the Record.
American Chemistry Council,
Washington, DC, April 28, 2014.
Hon. Michael McCaul,
Chairman, Committee on Homeland Security, House of
Representatives, Washington, DC.
Hon. Patrick Meehan,
Chairman, Subcommittee on Cybersecurity, Infrastructure
Protection, and Security Technologies, Committee on
Homeland Security, Washington, DC.
Dear Chairmen McCaul and Meehan: The American Chemistry
Council (ACC) would like to thank you and your colleagues on
the Homeland Security Committee for your work and leadership
on the authorization of the Chemical Facility Anti-Terrorism
Standards (CFATS) Authorization and Accountability Act of
2014, H.R. 4007. ACC strongly supports this bill, and we look
forward to continuing to work with you to help secure final
passage of this important and much needed legislation. Long
term authorization of CFATS is critical to helping safeguard
chemical facilities, and this bill would give the industry
long overdue regulatory certainty.
ACC is the trade association for the chemical industry in
the United States, which is a $770 billion industry and
employs 784,000 Americans in high wage jobs. The industry is
experiencing a renaissance in the United States thanks to the
increase in shale gas production, and our members have
announced over $100 billion in new planned capital
expenditures that will provide tens of thousands of new jobs,
and give manufacturers throughout the value chain a domestic
supply of the chemicals they need to manufacture products in
this country. Ensuring that clear and workable security
regulations remain in place is an important part of creating
an environment that will continue to foster these new
investments.
DHS has dramatically improved its administration of the
CFATS program, which has had a positive impact on enhancing
security at US chemical sites, and ACC supports making this a
permanent program for the approximately 4,500 sites that are
regulated under CFATS. Congressional oversight via an
authorization would help DHS with some of the challenges they
have faced implementing the program, even as the agency has
made progress with a new management structure. The industry
has seen considerable increased activity from DHS, including
improved quality of inspections and faster authorizations.
Most importantly, DHS leadership has demonstrated a
commitment to working with stakeholders to improve the
implementation of the CFATS program. A long term
authorization outside of the appropriation process will
provide the regulatory consistency and operational stability
to ensure the success of CFATS, while giving industry
confidence in long term capital
[[Page H5849]]
commitments to this program. Ensuring the future of this
important program will also help DHS recruit and retain top
talent to effectively implement CFATS.
We are committed to continuing our work with you and your
staff to help move this legislation forward.
Sincerely,
Cal Dooley.
____
American Chemistry Council,
Washington, DC, July 8, 2014.
Hon. John Boehner,
Speaker of the House of Representatives,
Washington, DC.
Hon. Nancy Pelosi,
Democratic Leader of the House of Representatives,
Washington, DC.
Dear Mr. Speaker and Leader Pelosi: The American Chemistry
Council (ACC) urges you to vote yes today on H.R. 4007, The
Chemical Facility Anti-Terrorism Standards (CFATS)
Authorization and Accountability Act of 2014. ACC strongly
supports this bill which would give much needed long term
authorization to the CFATS program. CFATS regulates security
for a wide variety of facilities that make, store, or use
chemicals from farms to factories. The program allows
facilities to tailor their security plans to meet their
unique needs, and authorization of the program would give the
industry long overdue regulatory certainty.
ACC is the trade association for the chemical industry in
the United States, which is a $770 billion industry and
employs 784,000 Americans in high wage jobs. The industry is
experiencing a renaissance thanks to the increase in domestic
shale gas production, and our members have announced over
$110 billion in new planned capital expenditures that will
provide tens of thousands of new jobs, and give manufacturers
throughout the value chain a domestic supply of the chemicals
they need to manufacture products in this country. Ensuring
that clear and workable security regulations remain in place
is an important part of creating an environment that will
continue to foster these new investments.
DHS has dramatically improved its administration of the
CFATS program, which has had a positive impact on enhancing
security at US chemical sites, and ACC supports making this a
permanent program for the approximately 4,500 sites that are
regulated under CFATS. Congressional oversight via an
authorization would help DHS with some of the challenges they
have faced implementing the program, even as the agency has
made progress with a new management structure. The industry
has seen considerable increased activity from DHS, including
improved quality of inspections and faster authorizations.
Most importantly, DHS leadership has demonstrated a
commitment to working with stakeholders to improve the
implementation of the CFATS program.
A long term authorization outside of the appropriation
process will provide the regulatory consistency and
operational stability to ensure the success of CFATS, while
giving industry confidence in their long term capital
commitments to this program. Ensuring the future of this
important program will also help DHS recruit and retain top
talent to effectively implement CFATS.
Please contact Mike Meenan, Director of Federal Affairs at
[email protected] or at (202) 249-6216 if we
can be of any assistance while you consider this important
vote.
Sincerely,
Cal Dooley.
____
Chamber of Commerce
of the United States of America,
Washington, DC, April 2, 2014.
Hon. Patrick Meehan,
Chairman, Subcommittee on Cybersecurity, Infrastructure
Protection, and Security Technologies, Committee on
Homeland Security, Washington, DC.
Dear Chairman Meehan: The U.S. Chamber of Commerce, the
world's largest business federation representing the
interests of more than three million businesses of all sizes,
sectors, and regions, as well as state and local chambers and
industry associations, and dedicated to promoting,
protecting, and defending America's free enterprise system,
supports H.R. 4007, the ``Chemical Facility Anti-Terrorism
Standards Program Authorization and Accountability Act of
2014.''
This bill is a narrowly tailored measure that would
authorize for two years the Chemical Facility Anti-Terrorism
Standards (CFATS) program, which is administered by the
Department of Homeland Security (DHS).
The bill addresses several industry policy goals. First,
rather than relying on the current cycle of yearly
appropriations measures, the bill's dual-year authorization
would give businesses and DHS more certainty when making
planning and investment decisions. Second, H.R. 4007 would
eliminate some of the major impediments that facilities
owners and operators encounter when implementing CFATS. The
bill would both enhance the efficiency of site security plan
approvals and provide the flexibility needed to satisfy the
program's personnel surety standard--which is a top Chamber
priority. Third, H.R. 4007 would give DHS the option of using
third parties to quicken the pace of chemical facility
inspections. The measure would also require tighter
coordination between state and local government and business
to constructively address ``outlier'' sites. Importantly, the
bill would refrain from mandating inherently safer
technologies (ISTs).
The Chamber commends you and your staff for taking the lead
in drafting a sensible measure that protects investments
businesses have made in conjunction with CFATS, while making
smart and necessary reforms. The Chamber encourages Homeland
Security Committee members to support H.R. 4007 and looks
forward to working with you as the bill advances in the
House.
Sincerely,
R. Bruce Josten.
____
Chamber of Commerce,
of the United States of America,
Washington, DC, July 8, 2014.
To the Members of the U.S. House of Representatives: The
U.S. Chamber of Commerce, the world's largest business
federation representing the interests of more than three
million businesses of all sizes, sectors, and regions, as
well as state and local chambers and industry associations,
and dedicated to promoting, protecting, and defending
America's free enterprise system, supports H.R. 4007, the
``Chemical Facility Anti-Terrorism Standards Program
Authorization and Accountability Act of 2014,'' as reported
out of committee by voice vote.
H.R. 4007 is a narrowly tailored measure that would
authorize for three years the Chemical Facility Anti-
Terrorism Standards (CFATS) program, which is administered by
the Department of Homeland Security (DHS).
The bill addresses several industry policy goals. First,
rather than relying on the current cycle of yearly
appropriations measures, the bill's three-year authorization
would give businesses and DHS more certainty when making
planning and investment decisions. Second, H.R. 4007 would
eliminate some of the major impediments that facilities
owners and operators encounter when implementing CFATS. The
bill would enhance both the efficiency of site security plan
approvals and the flexibility needed to satisfy the program's
personnel surety standard--which is a top Chamber priority.
Third, H.R. 4007 would give DHS the option of using third
parties to quicken the pace of chemical facility inspections.
The measure would also require tighter coordination between
state and local government and business to constructively
address ``outlier'' sites. Importantly, the bill would
refrain from mandating inherently safer technologies (ISTs).
The Chamber commends the Homeland Security Committee for
taking the lead in drafting a sensible measure that protects
investments businesses have made in conjunction with CFATS,
while making smart and necessary reforms. The Chamber urges
you and your colleagues to support H.R. 4007, and may
consider including votes on, or in relation to, this bill in
our annual How They Voted scorecard.
Sincerely,
R. Bruce Josten.
____
The Fertilizer Institute,
Washington, DC, July 8, 2014.
Re Vote yes on H.R. 4007 today.
To Members of the U.S. House of Representatives.
Dear Representative: I am writing to you today to urge you
to support H.R. 4007, the ``Chemical Facility Anti-Terrorism
Standards Program Authorization and Accountability Act of
2014.'' H.R. 4007 is a bipartisan, streamlined, bill that
provides a three year authorization of the Chemical Facility
Anti-Terrorism Standards (CFATS) program. The bill provides
clear and important guidance to the Department of Homeland
Security (DHS) on key issues of chemical facility security.
As the trade association representing the domestic
fertilizer industry, The Fertilizer Institute's members are
producers, wholesalers, and retailers of crop nutrients, some
of which are classified by DHS as chemicals of interest and
thus covered by the CFATS program
H.R. 4007 addresses several important policy goals that
will help ensure an efficient and effective CFATS program.
First, it provides companies with a necessary level of
flexibility that will facilitate improved security by
ensuring that standards for facility access can be modified
to meet site-specific conditions. Specifically, the bill
allows for third-party inspections and the utilization of DHS
approved site security plans by covered facilities. This is
important to the fertilizer industry due to the broad
diversity in the types and sizes of facilities our members
operate.
Additionally, H.R. 4007 addresses certain concerns
surrounding the personnel surety program which establishes
requirements needed for facility access. It directs DHS to
leverage existing federal security programs that require
screening through the Terrorist Screening Database to satisfy
compliance under the CFATS program and avoid needlessly
requiring additional background security checks or
resubmission of workers' personal identifying information.
Also of importance, the legislation ensures better
coordination between DHS and state and local officials.
Communication and coordination at all levels is key to
ensuring that facilities and communities are prepared to
respond to an incident at a chemical facility.
The CFATS Authorization and Accountability Act of 2014 will
also eliminate the
[[Page H5850]]
need for year-to-year program budget extensions, which are
subject to the annual appropriations process, and provide
industry with the certainty needed to make long-term planning
and investment decisions regarding facility security. In
addition, the U.S. Department of Homeland Security (DHS) will
be able to effectively establish programs and make necessary
changes to existing ones without worrying about whether or
not the resources to administer them will be available in the
future.
While the CFATS program has certainly had its share of
flaws in the past, we believe that this bipartisan
legislation will provide DHS with the necessary tools to
improve implementation while at the same time providing
Congress with the ability to conduct proper oversight of the
program by monitoring implementation activities and making
necessary changes when the program is subject to
reauthorization.
For all of the aforementioned reasons, The Fertilizer
Institute urges you to vote YES on H.R. 4007.
Thank you for your time and attention to this important
issue. If you have any questions or would like additional
information, please do not hesitate to contact me.
Sincerely,
J. Clark Mica.
____
April 29, 2014.
Hon. Michael McCaul,
Chairman, House of Representatives, Committee on Homeland
Security, Washington, DC.
Hon. Patrick Meehan,
Chairman, Subcommittee on Cybersecurity, Infrastructure
Protection and Security Technologies, Washington, DC.
Hon. Bennie Thompson,
Ranking Member, House of Representatives, Committee on
Homeland Security, Washington, DC.
Hon. Yvette Clarke,
Ranking Member, Subcommittee on Cybersecurity, Infrastructure
Protection and Security Technologies, Washington, DC.
Dear Chairman McCaul, Ranking Member Thompson, Chairman
Meehan, and Ranking Member Clarke: We, the undersigned
organizations would like to express our support for H.R.
4007, the CFATS Program Authorization and Accountability Act
of 2014 and urge the House Committee on Homeland Security to
quickly consider and pass the bill. H.R. 4007 is a
streamlined bill that provides a three year authorization of
the Chemical Facility Anti-Terrorism Standards (CFATS)
program and guidance to the Department of Homeland Security
(DHS) on key issues of chemical facility security.
The bill addresses several important policy goals. First,
it provides a multi-year authorization to allow DHS to
confidently implement CFATS and industry to make important
investments with the certainty that goes along with knowing
the program will be authorized. The current practice of year-
to-year extensions, or worse, short-term continuing
resolutions through the appropriations process, is a
destabilizing force in the implementation and investment
process.
Secondly, the legislation also addresses some of the major
impediments to completing site security plans and full
implementation of the program. It addresses certain concerns
surrounding the personnel surety requirements needed for
access; gives covered facilities the ability to meet site
security plans through alternate security plans approved by
DHS and an option to use 3rd parties as inspectors; improves
Congressional oversight regarding the tiering methodology;
and ensures better coordination with state and local
officials.
We recognize the complexities in implementing a program
like CFATS and are fully aware of some of the flaws in
management exposed over the past few years. This multi-year
authorization will give DHS the time and stability it needs
to improve its implementation, but at the same time, will
ensure that Congress has the ability to monitor the program
and make any necessary changes to it before the next
authorization.
The organizations and companies listed below represent
thousands of American businesses that employ millions of
American workers. We are manufacturers, producers,
processors, distributors, transporters, and retailers in
agriculture, chemistry, energy, forest products, medicine,
and other businesses that form our nation's infrastructure.
We support H.R. 4007, and urge the Committee on Homeland
Security to quickly consider and pass this important
legislation.
Thank you for your timely consideration.
Sincerely,
Agricultural Retailers Association, American Chemistry
Council, American Coatings Association, American Forest &
Paper Association, American Fuel and Petrochemical
Manufacturers, American Gas Association, American Petroleum
Institute, American Trucking Associations, Association of Oil
Pipe Lines, CropLife America, Edison Electric Institute,
Global Cold Chain Alliance, Institute of Makers of
Explosives, International Association of Refrigerated
Warehouses, International Liquid Terminals Association,
International Warehouse Logistics Association, National
Agricultural Aviation Association, National Association of
Chemical Distributors, National Association of Manufacturers,
National Mining Association, National Pest Management
Association, Petroleum Marketers Association of America,
Society of Chemical Manufacturers & Affiliates, The
Fertilizer Institute, U.S. Chamber of Commerce.
____
April 1, 2014.
Hon. Mike McCaul,
Committee on Homeland Security,
Washington, DC.
Hon. Bennie Thompson,
Committee on Homeland Security,
Washington, DC.
Dear Chairman and Ranking Member: As the Committee on
Homeland Security considers legislation to promote the
security of chemical facilities, we would like you to know
that we share your interest and support your efforts to
ensure that homeland security and the protection of America's
food supply is a top priority. The nation's agricultural
industry continues to take proactive steps to properly secure
crops and livestock as well as vital crop input materials
such as fertilizer and pesticides throughout the distribution
chain. The agricultural industry has worked closely with U.S.
Department of Homeland Security (DHS) officials in order to
establish appropriate standards and ensure compliance with
the Chemical Facility Anti-Terrorism Standards (CFATS)
regulations.
Because agribusiness is unique in its use, distribution and
storage of chemicals, so are its security needs. To address
these unique needs, agricultural companies and trade
associations formed an Agribusiness Security Working Group in
2002 to address security concerns. The members of this
working group participate in DHS workgroups, such as the
Chemical Sector Coordinating Council, to help coordinate
agribusiness' response to DHS's requests for comments and to
facilitate our industry's ability to communicate threat
information, report suspicious activity and respond to
emergencies.
America's agricultural industry supports passage of H.R.
4007, ``The Chemical Facility Anti-Terrorism Standards
(CFATS) Authorization and Accountability Act of 2014''
introduced by Cybersecurity, Infrastructure Protection and
Security Technologies Subcommittee Chairman Patrick Meehan.
We believe the extension of the current CFATS program for two
years will help create regulatory certainty for the
agricultural community and we support a workable Personnel
Surety Program included in the bill.
The regulatory and economic impact on American agriculture
and the consumer for whom essential food, fiber and bioenergy
is provided is of great concern to the agricultural industry.
It is our hope that any bill that comes out of the Committee
on Homeland Security will recognize these unique challenges
and seek to mitigate the costs of regulation to our
agricultural producers while also ensuring facility security.
Thank you for your consideration of our concerns and
perspectives shared within the broader agriculture sector. We
look forward to working with you to pass chemical facility
legislation that ensures the security of our vital
infrastructure and that does not have unintended consequences
for American agriculture.
Sincerely,
American Farm Bureau Federation, Agricultural Retailers
Association, Council of Producers & Distributors of
Agrotechnology, CropLife America, National Agricultural
Aviation Association, National Council of Farmer
Cooperatives, The Fertilizer Institute.
____
July 8, 2014.
Dear Member of the U.S. House of Representatives: We, the
undersigned organizations would like to express our support
for H.R. 4007, the CFATS Program Authorization and
Accountability Act of 2014 and urge you to vote in favor of
the bill. H.R. 4007 is a streamlined bill that provides a
three year authorization of the Chemical Facility Anti-
Terrorism Standards (CFATS) program and guidance to the
Department of Homeland Security (DHS) on key issues of
chemical facility security.
The bill addresses several important policy goals. First,
it provides a multi-year authorization to allow DHS to
confidently implement CFATS and industry to make important
investments with the certainty that goes along with knowing
the program will be authorized. The current practice of year-
to-year extensions, or worse, short-term continuing
resolutions through the appropriations process, is a
destabilizing force in the implementation and investment
process.
Secondly, the legislation also addresses some of the major
impediments to completing site security plans and full
implementation of the program. It addresses certain concerns
surrounding the personnel surety requirements needed for
access; gives covered facilities the ability to meet site
security plans through alternate security plans approved by
DHS and an option to use 3rd parties as inspectors; improves
Congressional oversight regarding the tiering methodology;
and ensures better coordination with state and local
officials.
We recognize the complexities in implementing a program
like CFATS and are fully aware of some of the flaws in
management exposed over the past few years. This multi-year
authorization will give DHS the time and stability it needs
to improve its implementation, but at the same time, will
ensure that Congress has the ability to monitor the program
and make any necessary changes to it before the next
authorization.
The organizations and companies listed below represent
thousands of American businesses that employ millions of
American workers. We are manufacturers, producers,
processors, distributors, transporters, and retailers in
agriculture, chemistry, energy, forest products, medicine,
and other businesses that form our nation's infrastructure.
[[Page H5851]]
We support H.R. 4007, and urge the House of Representatives
to pass this important legislation.
Sincerely,
Agricultural Retailers Association, American Chemistry
Council, American Coatings Association, American Forest &
Paper Association, American Fuel and Petrochemical
Manufacturers, American Gas Association, American Petroleum
Institute, American Trucking Associations, Association of Oil
Pipe Lines, Council of Producers & Distributors of
Agrotechnology CropLife America, Global Cold Chain Alliance,
International Association of Refrigerated Warehouses.
International Liquid Terminals Association, International
Warehouse Logistics Association, National Agricultural
Aviation Association, National Association of Chemical
Distributors, National Association of Manufacturers, National
Mining Association, National Pest Management Association,
Petroleum Equipment Suppliers Association, Petroleum
Marketers Association of America, Society of Chemical
Manufacturers & Affiliates, The Fertilizer Institute, U.S.
Chamber of Commerce.
{time} 1645
Mr. MEEHAN. I would specifically like to thank my cosponsors, as well
as Homeland Security Committee staff, for their hard work and tireless
efforts to ensure that the views of the regulated community and the
administration were properly reflected and implemented in a realistic
and achievable way, with strict goals which will lift this program from
stagnation to success.
I am proud of this legislation and its bipartisan support, and I urge
my colleagues on both sides of the aisle to pass H.R. 4007, so we can
ensure that the proper measures are in place to secure our communities
from the devastating potential of a terrorist attack.
With that, I reserve the balance of my time.
Mr. THOMPSON of Mississippi. Mr. Speaker, I yield myself such time as
I may consume.
Mr. Speaker, I rise in support of H.R. 4007, the Chemical Facility
Anti-Terrorism Standards Program Authorization and Accountability Act
of 2014.
Mr. Speaker, H.R. 4007 authorizes the Chemical Facility Anti-
Terrorism Standards Program within the Department of Homeland Security.
At the outset, I would acknowledge that, during consideration in
committee, a somewhat inclusive approach was taken, and, as a result, a
number of amendments offered by Democratic Members were accepted.
It is regrettable that, now that H.R. 4007 is before us today, this
same opportunity is not being afforded to my colleagues in the House.
The decision of the Republican leadership to bring this measure up
under suspension of the rules limits debate on the measure and
effectively prevents any Member from offering an amendment to make
further improvements to the bill.
Despite my reservations about process, I am generally supportive of
H.R. 4007, as it would give DHS and chemical facility owners and
operators some measure of confidence about the program's future. Since
coauthoring legislation in the 109th Congress to grant DHS authority to
regulate the chemical sector for security, I have consistently
supported efforts at enacting a comprehensive freestanding
authorization bill.
As those who have followed the CFATS program know, jurisdictional
challenges have consistently complicated authorization efforts. As a
result, renewal of the program has been at the mercy of the
appropriations process since 2006.
H.R. 4007 is the Committee on Homeland Security's latest effort at
achieving the goal of enacting CFATS legislation. The most significant
prior effort was back in the 111th Congress, when the House approved
H.R. 2868, legislation that I introduced with then-Energy and Commerce
Chairman Henry Waxman, after a year and a half of intense negotiations.
That bill eliminated the regulatory exemptions on water and
wastewater facilities that have been a major concern of every Secretary
of Homeland Security, especially Secretary Michael Chertoff in the Bush
administration.
The bill under consideration today bears little resemblance to H.R.
2868, but, I suppose, reflects the political realities of the 113th
Congress. I am disappointed that it does not directly tackle the water
and wastewater exemptions that put communities and neighborhoods that
are near these facilities at risk, though I note that the bill requires
a security assessment of those exemptions, so that the next time
Congress looks at reauthorizing CFATS, the debate will be better
informed.
I am pleased that, in response to the deadly April 2013 explosion at
a plant in West, Texas, H.R. 4007 gives DHS now authority to compel
action by facilities that, to date, have not participated in the
program that DHS views as potentially high-risk facilities.
I am also pleased that H.R. 4007 includes language authored by
Representative Yvette Clarke to ensure the Department takes a
commonsense approach to vetting transportation workers who service
chemical facility shipping needs.
That said, there are a couple of areas that should be addressed
before this measure reaches the President's desk. Specifically, H.R.
4007 should provide adequate whistleblower protections for those
risking their jobs to report violations of law or security
vulnerabilities, ensure workers have a meaningful role in developing
the security plans for their facilities, and promote greater adoption
of best practices and inherently safer and securer technologies among
high-risk facilities.
The bill before us today is a good start, but there is more work to
be done.
With that, Mr. Speaker, I reserve the balance of my time.
Mr. MEEHAN. Mr. Speaker, I yield such time as he may consume to the
gentleman from Texas (Mr. McCaul), the chairman of the full committee.
Mr. McCAUL. Mr. Speaker, I rise today in support of H.R. 4007, the
Chemical Facility Anti-Terrorism Standards Program Authorization and
Accountability Act introduced by Chairman Meehan and myself, along with
my good friend, Representative Gene Green from Texas. I want to thank
Chairman Meehan for his very hard work on this legislation over the
last year to get to the point where we are today.
I also want to thank Chairmen Upton and Shimkus on the Energy and
Commerce Committee for allowing this bill to go forward for a vote
today, as well. Finally, we don't thank our staff enough for what they
do every day. Joan O'Hara on our staff worked tirelessly on this bill
with both the administration and industry to, I think, deliver a very
good product.
This bipartisan bill provides the stability and the certainty that
both the Department and industry have been calling for, while also
making fundamental improvements to the CFATS program.
It is no secret that CFATS has had a troubled history, but this bill
will allow the Department to build off its successes while correcting
many of its shortcomings. After the tragic events of West, Texas, in my
home State, it is imperative that we pass this bill.
Specifically, the bill ensures that DHS coordinates with other
Federal agencies, State and local officials, and industry associations
to make sure facilities aren't off the grid and ensure first responders
are properly trained to deal with emergency incidents at CFATS
facilities.
It also improves the site security plan approval and DHS
accountability by requiring the Secretary to certify the Department's
progress and by authorizing GAO to regularly conduct assessments and
report to Congress.
In addition to being good policy, this bill enjoys widespread support
by the stakeholder community and was passed unanimously out of both the
subcommittee and the full committee, something I think, Mr. Chairman,
is almost unheard of in this Congress here today, and I am glad that it
came out of our committee, the Homeland Security Committee.
In fact, Homeland Security Secretary Jeh Johnson explicitly endorsed
this bill in his first appearance testifying on the Hill before our
committee.
I would also finally like to, again, thank Chairman Meehan, as well
as all the cosponsors of this bipartisan legislation, and I urge their
support.
Mr. THOMPSON of Mississippi. Mr. Speaker, I yield 3 minutes to the
gentlewoman from New York, Ms. Yvette Clarke, the ranking member on the
Cybersecurity and Infrastructure Protection Subcommittee on the
Homeland Security Committee.
Ms. CLARKE of New York. Thank you, Mr. Chairman, and I thank the
[[Page H5852]]
ranking member who has done a yeoman's job in helping alongside our
colleagues on the other side of the aisle to move this forward.
Mr. Speaker, the Committee on Homeland Security has a great stake and
a long history of trying to help the troubled Chemical Facility Anti-
Terrorism Standards, or CFATS, program succeed. Consideration of H.R.
4007 today is our latest effort.
While I feel that it would have been better to bring this bill before
the full House under a rule, so that Members could offer amendments, I
want to commend my counterpart on the Cybersecurity, Infrastructure
Protection, and Security Technologies Subcommittee, Mr. Meehan, for his
diligence and commitment to moving the legislation through regular
order in committee.
Upon introduction of this bill, I had a number of concerns with the
bill. Amazingly, the original legislation had a requirement that
required CFATS to terminate after 2 years.
It also did not provide an authorization of appropriations or codify
the critical infrastructure protection program within the Homeland
Security Act. This was corrected by Democratic amendments, many of
which I offered, that were accepted in committee.
A major impetus for action to authorize the CFATS program was
certainly the explosion last April in West, Texas, at a fertilizer
facility containing a huge amount of ammonium nitrate. As we later
learned, the facility was willfully off the regulatory grid and unknown
to DHS.
Through the committee process, language was adopted to give DHS new
authority to bring so-called outlier facilities into compliance. We had
an energetic debate at subcommittee with respect to whether
nongovernmental third-party contractors should be utilized to carry out
compliance visits and inspections.
I appreciate the majority's view that augmenting the DHS inspector
workforce in this fashion could be helpful with respect to the massive
backlog of security inspections that exist in the CFATS program.
However, there are other ways to increase capacity without contracting
out jobs.
Further, there is a troubled history with the CFATS program of
overreliance on contractors. I believe that, if DHS goes down this
path, there need to be structures in place to ensure that work done by
contractors is promptly and accurately fed into the regulatory system.
That is why I offered language in committee to build in oversight and
accountability. I am pleased to say that it was accepted.
A lingering concern--underscored by the Steelworkers, Teamsters, and
others--is even if there is broad recognition that, for CFATS to work,
we need chemical workers to come forward to report security
vulnerabilities and CFATS compliance issues, no guaranteed
whistleblower protections attach.
The SPEAKER pro tempore (Mr. Collins of New York). The time of the
gentlewoman has expired.
Mr. THOMPSON of Mississippi. I yield the gentlewoman an additional 1
minute.
Ms. CLARKE of New York. Men and women that risk their positions and
paychecks to make their workplace, their communities, and the Nation
more secure deserve access to meaningful whistleblower protections.
Should H.R. 4007 be approved today, I would put whistleblower
protections high on the to-do list for the Senate.
Then there is the matter of the statutory exemptions barring DHS from
regulatory water, wastewater, and other critical infrastructure
chemical facilities. The bill perpetuates the exemption without
consideration of the arguments that former DHS Secretary Michael
Chertoff and others have made about the risks.
Encouragingly, the committee accepted the amendment offered by
Ranking Member Thompson to require an independent study of the
terrorism vulnerabilities associated with the limited authority granted
to DHS and the exemption on water and wastewater facilities. The
results of that study will be important to inform Congress when the
CFATS is up for reauthorization in 3 years.
Overall, I would say that, through the committee process, the bill
has been improved. Is there more work to be done? Certainly--that is
why I am profoundly disappointed that H.R. 4007 is being considered on
suspension.
Many Members of this body that do not have the privilege to sit on
the Homeland Security Committee have concerns about the vital, critical
infrastructure program that affects their districts, towns, and
neighborhoods.
Mr. MEEHAN. Mr. Speaker, I have no further speakers at this time, so
I will reserve the balance of my time.
Mr. THOMPSON of Mississippi. Mr. Speaker, I yield 3 minutes to the
gentleman from California (Mr. Waxman), the ranking member of the
Committee on Energy and Commerce.
Mr. WAXMAN. I thank the gentleman for yielding to me.
Mr. Speaker, since before the terrorist attacks of September 11,
2001, experts have been concerned about the vulnerability of chemical
plants to attack. These facilities hold large stores of industrial
chemicals which pose a safety and security risk to the American people
if they are released or detonated.
A recent report found that more than 134 million Americans live in
the vulnerability zones around these chemical facilities. I have such a
facility in my district, which is a very serious concern for the
surrounding community.
These risks have not been addressed adequately, and this bill falls
short of what is needed. The Chemical Facility Anti-Terrorism Standards
Program at the Department of Homeland Security has not been successful.
It was set up through an appropriations rider that did not give the
Department the tools it needed to succeed.
The original statute blocked effective enforcement, leading to a lack
of compliance. We saw the dangers of noncompliance when the West
Fertilizer Company facility in West, Texas, exploded. Unfortunately,
those limitations on enforcement would be preserved by this bill.
The original statute blocked the Department from requiring measures
to reduce the consequences of a terrorist attack and, in the process,
created serious obstacles to disapproving site security plans that
failed to meet the program's standards.
{time} 1700
This led to an approval process so complicated that it took more than
5 years for the Department to complete its review of the first
facility. This bill preserves those obstacles.
There have been significant issues with the background check
requirements promulgated under the existing program, and this bill
would preserve and codify some of those problems.
The President should be commended for recognizing this program's
deficiencies and taking strong action to address them, including
issuing an executive order on chemical safety and security last year.
The working group created by that executive order has looked at how
best to secure these facilities with fresh eyes, and the administration
is now moving to revise and improve the program.
These reforms are important and necessary, but they are not reflected
in this bill. Instead, this bill could limit the Department's ability
to improve the program. That just doesn't make sense.
In its current form, this bill is simply not adequate to provide real
protections for the public. My view is that we should strengthen this
bill before sending it to the Senate. If this bill passes today, we
should work with the Senate to strengthen the bill and enact
legislation we can all support.
Mr. MEEHAN. Mr. Speaker, I yield such time as he may consume to the
gentleman from Texas (Mr. Gene Green).
Mr. GENE GREEN of Texas. Mr. Speaker, I thank my colleague from
Pennsylvania, and I thank him for working with me on H.R. 4007. I rise
in support of H.R. 4007, the CFATS Authorization and Accountability
Act, legislation I introduced with Congressman Meehan and my friend
Chairman McCaul.
This bipartisan legislation would, for the first time, codify the
Chemical Facility Anti-Terrorism Standards program that DHS has been
operating through appropriations funding since 2007.
Last October, during the government shutdown, the American people saw
that without authorization of the CFATS program there would be no
[[Page H5853]]
legal binding regulations in place to protect our Nation's chemical
facilities from criminal and terrorist attacks once the appropriations
expired.
I have the honor of representing north and east Harris County and the
Houston Ship Channel, at the heart of our Nation's petrochemical
industry. The expiration of the CFATS program puts the safety of my
constituents who work in and live in the communities that surround
these facilities in danger, and it is our obligation as the people's
elected representatives to do everything we can to protect them from
harm's way.
I have heard the concern of those on my side of the aisle who do not
support this legislation. I agree that this is not perfect legislation.
It does not solve every problem that exists in the CFATS program, but a
number of Congresses since 2007 have had the opportunity to do this but
we haven't.
The main purpose of this bill is to reauthorize CFATS for 3 years and
give Congress the opportunity to oversee DHS' progress or lack thereof.
This bill will solve the personnel surety issue by allowing workers who
have TWIC or HME cards to have access to chemical facilities without
having to get another Federal credential. Representing those plants, I
saw what happened with the TWIC card and the concern of folks who have
to pay more money for another Federal ID card. This bill, if passed,
would protect the folks who work in those plants. That is important to
my constituents who already have TWIC cards and work in the
petrochemical plants and drive the trucks that deliver the raw
materials and products they produce.
I urge my colleagues to join the Homeland Security Committee, which
passed this legislation by voice vote, and Homeland Security Secretary
Jeh Johnson, who has been vocal in support of the legislation, and vote
in support of H.R. 4007.
Mr. THOMPSON of Mississippi. Mr. Speaker, I have no more speakers,
and if the gentleman from Pennsylvania has no more speakers, I am
prepared to close.
Mr. MEEHAN. Mr. Speaker, I have no more speakers and reserve the
balance of my time to close.
Mr. THOMPSON of Mississippi. Mr. Speaker, I yield myself the balance
of my time.
In closing, while I am supportive of advancing this legislation to
the Senate in the hopes of moving the process forward to provide a
multiyear authorization for the CFATS program, there is more work to be
done.
Should H.R. 4007 be approved today, I will work with my colleagues in
the other body to work towards ensuring that the legislation provides
adequate whistleblower protections for those risking their jobs to
report violations of law or security vulnerabilities, ensures workers
have a meaningful role in developing the security plans for their
facilities, and promotes greater adoption of best practices and
inherently safer and securer technologies among high-risk facilities.
The bill before us today is a good start, but there is more work to
be done.
Mr. Speaker, I yield back the balance of my time.
Mr. MEEHAN. Mr. Speaker, I yield myself such time as I may consume.
I want to express my deep appreciation to my colleagues on my side of
the aisle, but particularly to my colleagues on the Homeland Security
Committee and subcommittee, the ranking member, Mr. Thompson, and the
ranking member of the subcommittee, the gentlelady from New York. As
both have articulated, there is more work to be done, and nobody
disputes that particular issue; but we also appreciate that this is an
issue which has been laying for a long period of time without
resolution, and we are taking very responsible steps to take a big step
forward in the authorization of this program.
We worked with both sides of the aisle to try to handle as many
issues as we could. As has been articulated, 15 Democratic amendments
have been made part of this bill. The wastewater issue was an important
one, but mature security programs do exist for that. It is one of the
original critical infrastructures as part of the Sector Coordinating
Council for DHS. But I agree, there is still more work to be done in
that particular area.
We are worried about outliers as well. One of the gentlemen raised
the issue of the chemical facilities that have avoided scrutiny, which
led to the West, Texas, situation, but it is for that reason that this
bill is so critically important and we act now. It is because it gives
DHS the ability to affirmatively reach out to those facilities that are
not compliant, and what this bill does is it rewards those who have
taken responsible steps towards identifying and creating the kinds of
plans that are contemplated underneath this bill, but it also calls to
challenge those who have been avoiding scrutiny.
So the issues still may be there for future resolution, but we will,
in 3 years, be able to bring this bill back up for reconsideration, and
during that period of time we can work together on both sides of the
aisle to ensure that it is done appropriately. I encourage my
colleagues from both sides of the aisle to support this bipartisan
bill.
I yield back the balance of my time.
Ms. JACKSON LEE. Mr. Speaker, as a senior member of the House
Committee on Homeland Security, I rise in support of H.R. 4007, the
Chemical Facility Anti-Terrorism Standards Program Authorization and
Accountability Act is a step forward in securing our nation from
potential terrorist attacks or threats to the homeland.
I want to acknowledge the work of Chairman Rogers and Ranking Member
Thompson that resulted in this bill being considered by the Full House.
During Full Committee consideration of H.R. 4007, two Jackson Lee
Amendments were unanimously agreed to for inclusion in the bill.
The first Jackson Lee Amendment directs the Secretary to: establish
an outreach plan to facilitate collaboration between the Department and
the owners and operators of small chemical facilities for the purpose
of assisting them with the development of physical security best
practices.
This collaboration will begin with established relationships, which
exists among local and state authorities; and small chemical facility
owners and operators.
The Secretary will create opportunities to incorporate Regional
Directors and Protective Security Advisors within the collaborative
framework that is developed with the full cooperation and input of
small chemical facility owners and operators who elect to participate.
Large chemical facilities will have access to nearly unlimited
resources to meet their own security needs, but smaller chemical
facilities may not have the resources to protect themselves from
similar terrorist threats.
The second Jackson Lee Amendment creates opportunities for small
chemical facility operators and owners to gain more insight or guidance
on improving their facility's physical security.
The third Jackson Lee Amendment allows the Secretary Homeland
Security to consult with the Government Accountability Office to
investigate the feasibility and applicability of a third party
accreditation program that would work with industry stakeholders to
develop site security plans.
This amendment would allow chemical facility owners and operators to
devise challenging tests, and exercises that pit their knowledge
against what terrorists may attempt to do should their facility become
a target.
These amendment's will assist chemical facility security experts in
thinking of potential threats before terrorists do so that they may
take steps to eliminate them before terrorists could exploit discovered
vulnerabilities.
Since September 11, 2001, security experts have warned of
vulnerabilities that exist should terrorists plan to attack a chemical
facility located within the United States or far worse use unlawful
access to a facility, pipelines, or transit routes to steal chemicals
for an attack.
The 18th Congressional District which I serve is home to some of the
world's largest Chemical producers which employ thousands of Houston
area residents to provide the nation with products are vital to our
nation and its economy.
Chemicals are a vital and common presence in the lives of all of our
nation's citizens, but we often forget how dangerous they can be under
the wrong conditions.
On April 17, of last year the small town of West Texas felt the power
and destructive force of ammonium nitrate when an accidental fire
ignited what is believed to have been between 140 to 160 tons of the
chemical.
This was no terrorist attack, but a very tragic accident.
The accident in the town of West Texas reminded all of us who
represent districts that count chemical plants or their owners and
operators as constituents--that these facilities should have the
resources necessary to protect their property from potential
terrorists' threats or attacks.
H.R. 4007 reestablishes the Chemical Facility Anti-Terrorism
Standards (CFATS) Program, under which the Secretary of Homeland
[[Page H5854]]
Security (DHS) is required to: establish risk-based performance
standards designed to protect covered chemical facilities from acts of
terrorism; require such facilities to submit security vulnerability
assessments and develop and implement site security plans; review and
approve or disapprove each such assessment and plan; arrange for the
audit and inspection of covered chemical facilities to determine
compliance with this Act; and notify, and issue an order to comply to,
the owner or operator of a facility not in compliance.
The legislation is based upon feedback and information the Homeland
Security Committee and the Committee on Energy and Commerce received
through countless meetings with industry stakeholders, the regulated
community, first responders, union representatives, the Senate Homeland
Security and Government Affairs Committee, and the Department of
Homeland Security itself.
Among the benefits H.R. 4007 provides are:
Greatly improved coordination and communication between DHS and the
owners and operators of chemical facilities.
Enhanced information sharing with the first responders who put
themselves in harms way dealing with chemical facility incidents, like
the tragedy at West, TX.
A more workable employee-screening methodology, that allows facility
owners and operators to implement procedures that make sense and ensure
maximum security.
The elimination of the problem of ``outlier'' chemical facilities
(currently, there are thousands of facilities still unknown to DHS) to
ensure no facility remains ``off the grid''.
The certainty that chemical infrastructure security will no longer
hang in the balance with each year's appropriations cycle.
Ensures that whistleblower protections available to facility workers
who report security issues to DHS are clearly articulated in all CFATS
media and materials.
Greater Department accountability through mandatory biannual GAO
audits of the CFATS program to provide for informed and thorough
Congressional oversight.
I ask my colleagues from both side of the aisle to support this
bipartisan bill, which received strong support from the Committee on
Homeland Security.
Hon. Michael McCaul,
Chairman, Committee on Homeland Security, Washington, DC.
Hon. Patrick Meehan,
Chairman, Subcommittee on Cybersecurity, Infrastructure
Protection and Security Technologies, Washington, DC.
Hon. Bennie Thompson,
Ranking Member, Committee on Homeland Security, Washington,
DC.
Hon. Yvette Clarke,
Ranking Member, Subcommittee on Cybersecurity, Infrastructure
Protection and Security Technologies, Washington, DC.
Dear Chairman McCaul, Ranking Member Thompson, Chairman
Meehan, and Ranking Member Clarke:
We, the undersigned organizations would like to express our
support for H.R. 4007, the CFATS Program Authorization and
Accountability Act of 2014 and urge the House Committee on
Homeland Security to quickly consider and pass the bill. H.R.
4007 is a streamlined bill that provides a three year
authorization of the Chemical Facility Anti-Terrorism
Standards (CFATS) program and guidance to the Department of
Homeland Security (DHS) on key issues of chemical facility
security.
The bill addresses several important policy goals. First,
it provides a multi-year authorization to allow DHS to
confidently implement CFATS and industry to make important
investments with the certainty that goes along with knowing
the program will be authorized. The current practice of year-
to-year extensions, or worse, short-term continuing
resolutions through the appropriations process, is a
destabilizing force in the implementation and investment
process.
Secondly, the legislation also addresses some of the major
impediments to completing site security plans and full
implementation of the program. It addresses certain concerns
surrounding the personnel surety requirements needed for
access; gives covered facilities the ability to meet site
security plans through alternate security plans approved by
DHS and an option to use 3rd parties as inspectors; improves
Congressional oversight regarding the tiering methodology;
and ensures better coordination with state and local
officials.
We recognize the complexities in implementing a program
like CFATS and are fully aware of some of the flaws in
management exposed over the past few years. This multi-year
authorization will give DHS the time and stability it needs
to improve its implementation, but at the same time, will
ensure that Congress has the ability to monitor the program
and make any necessary changes to it before the next
authorization.
The organizations and companies listed below represent
thousands of American businesses that employ millions of
American workers. We are manufacturers, producers,
processors, distributors, transporters, and retailers in
agriculture, chemistry, energy, forest products, medicine,
and other businesses that form our nation's infrastructure.
We support H.R. 4007, and urge the Committee on Homeland
Security to quickly consider and pass this important
legislation.
Thank you for your timely consideration.
Sincerely,
Agricultural Retailers Association, American Chemistry
Council, American Coatings Association, American Forest &
Paper Association, American Fuel and Petrochemical
Manufacturers, American Gas Association, American Petroleum
Institute, American Trucking Associations, Association of Oil
Pipe Lines, CropLife America, Edison Electric Institute,
Global Cold Chain Alliance, Institute of Makers of
Explosives.
International Association of Refrigerated Warehouses,
International Liquid Terminals Association, International
Warehouse Logistics Association, National Agricultural
Aviation Association, National Association of Chemical
Distributors, National Association of Manufacturers, National
Mining Association, National Pest Management Association,
Petroleum Marketers Association of America, Society of
Chemical Manufacturers & Affiliates, The Fertilizer
Institute, U.S. Chamber of Commerce.
____
American Chemistry Council,
Washington, DC, July 8, 2014.
Hon. John Boehner,
Speaker of the House of Representatives, Washington, DC.
Hon. Nancy Pelosi,
Democratic Leader of the House of Representatives,
Washington, DC.
Dear Mr. Speaker and Leader Pelosi: The American Chemistry
Council (ACC) urges you to vote yes today on H.R. 4007, The
Chemical Facility Anti-Terrorism Standards (CFATS)
Authorization and Accountability Act of 2014. ACC strongly
supports this bill which would give much needed long term
authorization to the CFATS program. CFATS regulates security
for a wide variety of facilities that make, store, or use
chemicals from farms to factories. The program allows
facilities to tailor their security plans to meet their
unique needs, and authorization of the program would give the
industry long overdue regulatory certainty.
ACC is the trade association for the chemical industry in
the United States, which is a $770 billion industry and
employs 784,000 Americans in high wage jobs. The industry is
experiencing a renaissance thanks to the increase in domestic
shale gas production, and our members have announced over
$110 billion in new planned capital expenditures that will
provide tens of thousands of new jobs, and give manufacturers
throughout the value chain a domestic supply of the chemicals
they need to manufacture products in this country. Ensuring
that clear and workable security regulations remain in place
is an important part of creating an environment that will
continue to foster these new investments.
DHS has dramatically improved its administration of the
CFATS program, which has had a positive impact on enhancing
security at US chemical sites, and ACC supports making this a
permanent program for the approximately 4,500 sites that are
regulated under CFATS. Congressional oversight via an
authorization would help DHS with some of the challenges they
have faced implementing the program, even as the agency has
made progress with a new management structure. The industry
has seen considerable increased activity from DHS, including
improved quality of inspections and faster authorizations.
Most importantly, DHS leadership has demonstrated a
commitment to working with stakeholders to improve the
implementation of the CFATS program.
A long term authorization outside of the appropriation
process will provide the regulatory consistency and
operational stability to ensure the success of CFATS, while
giving industry confidence in their long term capital
commitments to this program. Ensuring the future of this
important program will also help DHS recruit and retain top
talent to effectively implement CFATS.
Please contact Mike Meenan, Director of Federal Affairs at
[email protected] or at (202) 249-6216 if we
can be of any assistance while you consider this important
vote.
Sincerely,
Cal Dooley.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Pennsylvania (Mr. Meehan) that the House suspend the
rules and pass the bill, H.R. 4007, as amended.
The question was taken; and (two-thirds being in the affirmative) the
rules were suspended and the bill, as amended, was passed.
A motion to reconsider was laid on the table.
____________________