[Congressional Record Volume 165, Number 3 (Tuesday, January 8, 2019)]
[House]
[Pages H266-H270]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
CHEMICAL FACILITY ANTI-TERRORISM STANDARDS PROGRAM EXTENSION ACT
Mr. THOMPSON of Mississippi. 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.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 251
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 Extension Act''.
SEC. 2. EXTENSION OF CHEMICAL FACILITY ANTI-TERRORISM
STANDARDS PROGRAM OF THE DEPARTMENT OF HOMELAND
SECURITY.
Section 5 of the Protecting and Securing Chemical
Facilities from Terrorist Attacks Act of 2014 (Public Law
113-254; 6 U.S.C. 621 note) is amended by striking ``4
years'' and inserting ``6 years''.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Mississippi (Mr. Thompson) and the gentleman from Alabama (Mr. Rogers)
each will control 20 minutes.
The Chair recognizes the gentleman from Mississippi.
General Leave
Mr. THOMPSON of Mississippi. 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.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Mississippi?
There was no objection.
Mr. THOMPSON of Mississippi. 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
[[Page H267]]
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.
____
Department of Homeland Security,
Washington, DC, November 29, 2018.
Hon. Bennie Thompson,
Ranking Member, Committee on Homeland Security, House of
Representatives, Washington, DC.
Dear Ranking Member Thompson: I write to you today in
support of the reauthorization of the Chemical Facility Anti-
Terrorism Standards (CFATS). The Department of Homeland
Security's (DHS) CFATS authorities will expire in sixty days,
which would prevent us from setting security standards and
implementing measures that would reduce the risk of hazardous
chemicals from falling into the wrong hands.
We continue to face one of the most serious terrorist
threat environments since 9/11. Foreign terrorist
organizations are urging recruits to use simple weapons,
including toxic chemicals, to target public spaces and
events. Terrorists have already used rudimentary chemical
weapons on the battlefield and we face the increased risk
that they could use these weapons outside of conflict zones.
In response, DHS has stepped up its security posture,
including the establishment of the Office of Countering
Weapons of Mass Destruction. But we must also ensure that
dangerous agents are secured at the source to prevent our
enemies from exploiting them.
The Department's CFATS program is a successful public-
private partnership focused on preventing the misuse of
dangerous chemicals. Since its inception in 2006, it has
played a key role in bringing our nation's chemical security
standards to a higher level, and it has made it harder for
nefarious actors to acquire deadly agents and to exploit
potential security vulnerabilities for attacks. Our national
security depends on the authorities provided by CFATS, from
securing cyber control systems to vetting facility personnel
for terrorist ties. We cannot let our guard down. The stakes
are too high.
The Department has reviewed the language included in S.
3405, Protecting and Securing Chemical Facilities from
Terrorist Attacks Act of 2018, and understands the intent is
to improve this important regulatory program. The Department
agrees that critical review of the program's structure is
important. However, we believe that if the program were to
lapse--as a result of the current sun-setting provision--it
would increase the risk to our country and create uncertainty
across the chemical industry.
To that end, I am requesting that Congress consider a
short-term reauthorization of the program in its current
form. If reauthorized, I will direct the Cybersecurity and
Infrastructure Security Agency to conduct a comprehensive
audit to assess additional opportunities to enhance program
effectiveness and efficiency. This time will afford us the
opportunity to take into account past performance and to
evaluate Congressional recommendations, industry impact, and
potential changes that can strengthen the program. This audit
would be conducted in full collaboration with the appropriate
Congressional committees.
In the four years since the initial multi-year
authorization in 2014, DHS has and continues to innovate and
streamline the CFATS program, while the chemical industry,
assured of the stability provided by a longer-term
authorization, has made long-term investments in security
measures. This is a win for both government and industry.
This progress would be disrupted in the absence of compliance
requirements and is yet another reason why CFATS
reauthorization is needed.
Through your leadership, the American people and our
homeland are more secure and resilient than ever before.
Please consider a short-term reauthorization of CFATS so we
can continue to be vigilant against those who wish us harm.
Should you have any questions, please have your staff contact
the DHS Office of Legislative Affairs.
The Office of Management and Budget advises that there is
no objection to the submission of this letter from the
standpoint of the Administration's program.
Best Regards,
Kirstjen M. Nielsen,
Secretary.
Mr. THOMPSON of Mississippi. 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. ROGERS of Alabama. Mr. Speaker, I yield myself such time as I may
consume.
Mr. Speaker, I rise today along with my colleague, Chairman Thompson,
in strong support of H.R. 251, the Chemical Facility Anti-Terrorism
Standards Program Extension Act. This bill reauthorizes the Chemical
Facility Anti-Terrorism Standards program, more commonly known as
CFATS, for 2 more years.
CFATS began as a program aimed at keeping dangerous chemicals out of
the hands of terrorists. In recent years, it has grown, in large part,
due to partnerships between the Department of Homeland Security and
industry stakeholders working to identify high-risk facilities and
ensuring appropriate security measures are in place to mitigate these
risks.
The current CFATS authorization expires January 18, and swift action
is needed to make sure there is no lapse in this program.
I believe this program has achieved its purpose in making Americans
safer by helping chemical facilities secure dangerous substances. Mr.
Speaker, I support this reauthorization and urge my colleagues in the
Senate to also act with the urgency required to prevent this program
from expiring.
Mr. Speaker, I reserve the balance of my time.
Mr. THOMPSON of Mississippi. Mr. Speaker, I yield 2 minutes to the
gentleman from Louisiana (Mr. Richmond).
Mr. RICHMOND. Mr. Speaker, I want to thank the chairman for his
leadership on this issue before and now.
Mr. Speaker, I rise today in support of H.R. 251 to extend the DHS
Chemical Facilities Anti-Terrorism Standards, CFATS, program for a
period of 2 years.
Like many of my colleagues in the House, my district is home to a
number of chemical facilities. They play a crucial role in the local
economy, but with that comes a risk. The CFATS program helps address
that risk and makes communities like mine safer, without being overly
burdensome.
Twelve years ago, the Bush administration issued a call to action to
address credible terrorist threats to high-risk chemical facilities
across the country. At the time, chemical facility security was one of
the biggest security gaps we faced, and Secretary Chertoff asked
Congress to ``pass a balanced, risk-based security measure for the
chemical industry.''
{time} 1645
Within the year, Congress attached language to the DHS appropriations
bill, giving DHS temporary authority to implement a chemical security
program. CFATS survived on annual authorizations through the
appropriations process for 8 years, and the lack of certainty and
stability stunted the program's growth.
In 2014, after the tragic explosion at the West, Texas, chemical
facility, Congress finally passed a 4-year authorization bill. Since
then, the CFATS program has invested in better tools, better trained
personnel, and a better strategic vision for the future. In short, the
CFATS program has matured.
Today, the program has the buy-in of industry and bipartisan support
on the Hill. And although I think we can do more to advance the
objectives of the program, it is clear that CFATS has made us safer.
[[Page H268]]
Authorization for CFATS expires in a matter of days. If Congress does
not act, we will lose a valuable antiterrorism program, and we will
forfeit the hard-earned progress that has been achieved.
This bill would allow DHS to continue its work to secure chemical
facilities, and it would give Congress an opportunity to hear from
stakeholders and the department about the improvements we should make.
In the last Congress, Chairman Thompson and I made repeated requests
to prioritize CFATS through hearings and markups. Unfortunately, at
this point, with the program staring down expiration, it is simply too
late for that.
The SPEAKER pro tempore. The time of the gentleman has expired.
Mr. THOMPSON of Mississippi. Mr. Speaker, I yield an additional 30
seconds to the gentleman from Louisiana.
Mr. RICHMOND. Passing H.R. 251 would allow us to continue the
conversation around this important national security program without
leaving chemical facilities more vulnerable to attacks.
Mr. Speaker, I urge my colleagues in the House to support H.R. 251,
and I hope the Senate will follow suit.
Mr. ROGERS of Alabama. Mr. Speaker, I yield 5 minutes to the
gentleman from Illinois (Mr. Shimkus), my friend and colleague, and a
member of the Energy and Commerce Committee.
(Mr. SHIMKUS asked and was given permission to revise and extend his
remarks.)
Mr. SHIMKUS. Mr. Speaker, I thank the ranking member for yielding to
me. I also congratulate him for his position, which his peers have
appointed him to. And I congratulate Chairman Thompson for being chosen
to hold such a very important chairmanship.
Mr. Speaker, let me talk about my strong support of H.R. 251. I urge
all of my colleagues to support this.
Last week, every Member of Congress swore an oath to defend the
United States. That, Mr. Speaker, is what we are here on the floor to
do with this bill.
In 10 days, as you have heard, the CFATS--Chemical Facility Anti-
Terrorism Standards--program will sunset. This means that everything
about it, right down to its fundamental structure, legally disappears,
including Federal outreach and networking to prevent terrorism against
chemical facilities.
I know that there are those who question the value of the current
Chemical Facility Anti-terrorism Standards program. But they should
know that today's CFATS program is vastly improved from where it was a
mere 4 years ago.
How do I know this? How can I be so sure?
Prior to this Congress, I served since 2011 as the chairman of the
Energy and Commerce Subcommittee on Environment with my colleague, Mr.
Tonko, who I am sure, will be speaking on this bill. There, we had six
hearings on the CFATS program and its operations, the most recent one 6
months ago. In fact, in the last Congress, my committee was the only
one in either body to have a hearing dedicated to CFATS where DHS
testified, for 3 hours on the record, about this program.
I have also worked with the Government Accountability Office
throughout that time on the program, and GAO, likewise, has testified
multiple times before the subcommittee I chaired. GAO's first testimony
exposed and detailed the breadth of the problems in the program, and
more recently described ``a number of programmatic changes'' that not
only addressed their recommendations, but paved the way for remedying
remaining challenges the program faces.
No Federal program is without some area in need of improvement, but
if there was a time to justify winding the program down or making
serious changes to how it operated, that time was 4 years ago when the
program was in disarray. It defies logic to foist major changes on
CFATS now, when it appears to have figured out its weaknesses and
rectified its deficits.
To those who are skeptical of the program, this extension gives time
for not only more assessment to answer lingering questions, but also
for CFATS to demonstrate to Congress that its progress is not fleeing
and to identify those security-related, terrorism prevention reforms
that truly can only be fixed by statute.
The Chemical Facility Anti-Terrorism Standards Act is an important,
antiterrorism-focused program. It is not perfect, but it is a unique
program based on collaboration, focused on and serving as a very
important bulwark against the threat of terrorism here in the United
States.
To this end, Congress has spent almost $900 million under CFATS for
Federal education, intelligence, technical assistance, and compliance
efforts. Moreover, American businesses have invested billions of
dollars, expecting a strong return for themselves and their
shareholders. We ought not strand these investments and send
shareholders and terrorists a signal that American assets will be more
vulnerable tomorrow than they are today.
Mr. Speaker, I urge all Members to vote for passage of H.R. 251, and
I urge the other body to quickly pass it as well.
Mr. THOMPSON of Mississippi. Mr. Speaker, how much time do I have
remaining?
The SPEAKER pro tempore. The gentleman from Mississippi has 13
minutes remaining.
Mr. THOMPSON of Mississippi. Mr. Speaker, I yield 2 minutes to the
gentleman from New Jersey (Mr. Pallone).
Mr. PALLONE. Mr. Speaker, I thank the chairman of the Homeland
Security Committee for yielding.
Mr. Speaker, I urge my colleagues to support this bipartisan bill to
extend the authority for the Department of Homeland Security's Chemical
Facility Anti-Terrorism Standards, or CFATS, program for 2 years. The
CFATS program provides critical national security protections. We
should all be alarmed that it is on the verge of lapsing.
Unless this bill becomes law, or the President reconsiders his
shutdown of many parts of the Federal Government, the CFATS program
will expire in 10 days. The program is not perfect, but it should be
continued. The 2-year extension will give the committees of
jurisdiction time to consider important improvements to the program
without fear that the program will lapse.
Since before the terrorist attacks of September 11, 2001, experts
have been concerned about the vulnerability of chemical plants to
terrorist attacks. These facilities hold large stores of industrial
chemicals that 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 chemical facilities. The communities
most at risk are disproportionately low-income communities and
communities of color.
I have been an advocate for increased safety and security at our
Nation's chemical facilities for many years, well before the CFATS
program was established in 2006. My home State of New Jersey, which has
a high population density, has a large number of chemical facilities,
so the consequences of insufficient security are as real to us as they
are dire.
Unfortunately, the threats to these facilities are only increasing as
climate change makes extreme weather more and more common. CFATS-
regulated facilities have been impacted by hurricanes, floods, and
wildfires, putting us all at risk.
The highest profile case occurred in the aftermath of Hurricane
Harvey, at the Arkema chemical plant in Crosby, Texas. The Chemical
Safety Board released an investigative report on the incident and found
that the chemical industry is wholly unprepared for extreme weather
events, like floods and hurricanes. Last year, the New York Times
reported that more than 2,500 sites handling toxic chemicals are in
flood-prone areas around the country.
Instead of addressing these threats, the Trump administration has
moved aggressively to diminish protections for workers and communities
around chemical facilities. For instance, despite losing in court, EPA
continues to try to roll back the Risk Management Planning program
improvement rule that bolsters safety at these facilities.
The SPEAKER pro tempore (Mr. Blumenauer). The time of the gentleman
has expired.
Mr. THOMPSON of Mississippi. Mr. Speaker, I yield an additional 1
minute to the gentleman from New Jersey.
[[Page H269]]
Mr. PALLONE. EPA is also systematically ignoring risks to workers in
implementing the revised Toxic Substances Control Act. And President
Trump has twice tried to eliminate the Chemical Safety Board, which
investigates disasters at these facilities.
As chairman of the Energy and Commerce Committee, I will be
conducting thorough oversight of the increased threats to dangerous
chemical facilities and this administration's concerted efforts to
disregard risks to workers and hot spot communities. That oversight
will inform our future efforts to improve the CFATS program.
We must ensure the safety and security of the workers, first
responders, and communities living near our Nation's chemical
facilities. That means extending this program while we consider how to
improve it.
Mr. Speaker, I thank my colleagues on both sides of the aisle on the
Energy and Commerce Committee and the bipartisan relationship of the
Committee on Homeland Security for working with me on this important
bill to ensure continuity of this program, and I urge that we pass this
bill immediately.
Mr. ROGERS of Alabama. Mr. Speaker, I reserve the balance of my time.
Mr. THOMPSON of Mississippi. Mr. Speaker I yield 2 minutes to the
gentleman from New York (Mr. Tonko).
Mr. TONKO. Mr. Speaker, I thank the gentleman for yielding.
Mr. Speaker, I rise today in support of the Chemical Facility Anti-
Terrorism Standards Program Extension Act. This bipartisan bill is
supported by the full committee and relevant subcommittee chairs and
ranking members of the Committee on Energy and Commerce and the
Committee on Homeland Security.
The Department of Homeland Security's Chemical Facility Anti-
Terrorism Standards, or CFATS, program is an important part of our
Nation's counterterrorism efforts to secure high-risk chemical
facilities.
The program was created in 2006 and it had its first long-term
reauthorization in 2014. Unfortunately, without further congressional
action, CFATS will terminate later this month.
The bill before us would grant a clean, 2-year extension of the
program. I believe this will give the new Congress ample time to
continue program oversight and make any reforms necessary for the next
long-term extension.
For one, I strongly believe we should be looking at all aspects of
risks at chemical facilities, not just terrorism. Chemical fires,
explosions, and releases can have serious consequences, regardless of
whether an incident was an accident, a natural disaster, or an act of
terrorism. A holistic approach to chemical risks, which obviously
includes security, should also account for workers and communities'
safety and facilities' resilience.
Recent natural disasters have exposed previously unaccounted for
vulnerabilities at some facilities. During Hurricane Harvey, we saw the
potential for devastation, when a power outage and equipment failure
led to a significant chemical fire at the Arkema facility in Crosby,
Texas.
Ensuring that these critical sites are resilient to risks associated
with climate change and extreme weather events will be critical for the
long-term safety and security of not only the sites, but also
surrounding communities.
I want to recognize the efforts of Jacqueline Cohen and other members
of the Energy and Commerce Committee Democratic staff for their work on
this bill.
Mr. Speaker, I urge my colleagues to support H.R. 251, and I hope we
can continue bipartisan efforts to improve the program as we work
toward a long-term reauthorization in the 116th Congress.
Mr. ROGERS of Alabama. Mr. Speaker, I urge Members to support this
bill, and I yield back the balance of my time.
Mr. THOMPSON of Mississippi. 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.
{time} 1700
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.
Ms. JACKSON LEE. Mr. Speaker, as a senior member of the Homeland
Security Committee, I rise in support of H.R. 251, the ``Chemical
Facility Anti-Terrorism Standards Program Extension Act,'' which will
extend by two years the Chemical Facility Anti-Terrorism Standards
Program (CFATS) of the Department of Homeland Security (DHS) and for
other purposes.
I thank Chairman Bernie Thompson of the House Homeland Security
Committee for his leadership in introducing this important bill to
improve chemical facility security.
The Chemical Facility Anti-Terrorism Standards CFATS program is the
first in the nation to focus specifically on security at high-risk
chemical facilities.
Through this regulatory program, the Department of Homeland Security
(DHS) works with facilities to ensure they have security measures in
place to reduce the risk associated with certain hazardous chemicals,
and prevent them from being exploited in terrorist attack.
These facilities must submit their chemical holdings to DHS via a
process known as a Top Screen, which in turn is used by DHS to
determine if the facilities is considered high risk and must develop a
security plan.
The Department of Homeland Security reported more than 90,000 Top-
Screen submissions from more than 40,000 unique facilities, of this
number, CFATS program currently cover 3,355 facilities.
Today, Texas is the national leader in petroleum refining and
chemical products production.
Texas alone produces 5.1 million barrels of crude oil per day, which
accounted 29 percent of total U.S. refining capacity.
According to the Businessintexas.com, more than 3,700 energy-related
establishments are located within the Houston Metropolitan Statistical
Area.
The Houston area contributes 40 percent of the national petrochemical
capacity.
The great benefits of the chemical industry provide to our nation a
significant economic strength that cannot be underestimated.
Unfortunately, this great reward does not come without risks.
In 2013, a deadly fertilizer plant explosion in West, Texas killed 15
people, injured over 200 people and wiped out hundreds of homes.
On November 15, 2014, a leak of nearly 24,000 pounds of toxic
chemical killed four workers at the E. I. DuPont de Nemours insecticide
plant in La Porte, Texas.
In 2017, Hurricane Harvey caused a chemical plant explosion.
That is why it is important that we vote today to implement the
following recommendations from the report:
1. Extend by two years the Chemical Facility Anti-Terrorism Standards
program of the Department Homeland Security and other purposes.
2. Continue outreach in support to the DHS effort to identify
chemical facility that are high risks, which will expand availability
of CFATS compliance assistance materials and engage stakeholder to
raise awareness of CFATS requirement and make improve the safety.
Because the mission of DHS is to ensure that our homeland is safe,
secure, and resilient against terrorism and other hazards, effective
communication within the organization is crucial.
Since its founding, the Department of Homeland Security has overcome
many challenges as an organization but much more progress must be made
regarding Chemical Facility Anti-Terrorism Standards program.
Although not a panacea, H.R. 251 is a step in the right direction
because it will help improve DHS' overall functions so that it can more
effectively protect our people.
I urge my colleagues to join me in supporting this important
legislation.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Mississippi (Mr. Thompson) that the House suspend the
rules and pass the bill, H.R. 251.
The question was taken.
The SPEAKER pro tempore. In the opinion of the Chair, two-thirds
being in the affirmative, the ayes have it.
[[Page H270]]
Mr. THOMPSON of Mississippi. Mr. Speaker, on that I demand the yeas
and nays.
The yeas and nays were ordered.
The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, further
proceedings on this motion will be postponed.
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