[Congressional Record Volume 169, Number 128 (Tuesday, July 25, 2023)]
[House]
[Pages H3932-H3934]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




PROTECTING AND SECURING CHEMICAL FACILITIES FROM TERRORIST ATTACKS ACT 
                                OF 2023

  Mr. GUEST. Madam Speaker, I move to suspend the rules and pass the 
bill (H.R. 4470) to extend the authorization of the Chemical Facility 
Anti-Terrorism Standards Program of the Department of Homeland 
Security, as amended.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                               H.R. 4470

       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 ``Protecting and Securing 
     Chemical Facilities from Terrorist Attacks Act of 2023''.

     SEC. 2. EXTENSION OF AUTHORIZATION 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 ``2023'' 
     and inserting ``2025''.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Mississippi (Mr. Guest) and the gentleman from New Jersey (Mr. Payne) 
each will control 20 minutes.
  The Chair recognizes the gentleman from Mississippi.


                             General Leave

  Mr. GUEST. Madam Speaker, I ask unanimous consent that all Members 
may have 5 legislative days in which to revise and extend their remarks 
and include extraneous material on H.R. 4470.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Mississippi?
  There was no objection.
  Mr. GUEST. Madam Speaker, I yield myself such time as I may consume.
  Madam Speaker, I rise today in support of H.R. 4470, the Chemical 
Facility Anti-Terrorism Standards program, also known as CFATS, which 
is the only Federal program that focuses on security at facilities with 
chemicals of interest. The authority for this program expires in just 2 
days.
  While Congress continues to look at improvements and changes with 
feedback from industry, it is imperative that we reauthorize the 
program to remain in place to continue to provide stability to the 
chemical facility industry.
  Madam Speaker, I thank the gentlewoman from Florida (Ms. Lee) for her 
work leading this initiative. I urge my colleagues to support H.R. 
4470, and I reserve the balance of my time.
  Mr. PAYNE. Madam Speaker, I yield myself such time as I may consume.
  Madam Speaker, the Chemical Facility Anti-Terrorism Standards, or 
CFATS, program is a vital national security program whereby DHS works 
with the Nation's highest risk chemical facilities to make sure they 
are secure against an attack by a terrorist or other bad actor.
  Since 2007, CFATS has helped thousands of facilities strengthen their 
security posture and reduce on-site risks, sometimes lowering their 
risk profile so much that they are no longer subject to regulation.
  This program has been so effective that in the 15 years since it was 
established, the number of high-risk facilities has dropped by half, 
from more than 7,000 to fewer than 3,500.
  Once more, CFATS-regulated facilities are some of the program's most 
avid supporters. That is because the regulations are flexible, 
nonprescriptive, and focused on outcomes rather than micromanaging 
security decisions or imposing one-size-fits-all requirements.
  Still, the CFATS statutory authority will lapse a few days from now 
if Congress does not act. We cannot let that happen. CFATS is far from 
perfect. The program suffers from longstanding, well-documented issues 
that need to be fixed in legislation. However, H.R. 4470 makes no 
effort to address them.
  In committee, I joined with my Democratic colleagues to offer 10 
modest, targeted amendments that sought to improve information sharing 
with first responders, training for inspectors, and our understanding 
of potential weaknesses in the program.
  We had hoped that our Republican colleagues might have adopted at 
least a few of these modest measures. Unfortunately, they did not, but 
not because they disagreed with the substance. They did so, they said, 
out of fear that any change might complicate reauthorization in the 
Senate.
  It is a shame that it took so long for the committee to act on a 
reauthorization, especially since it is just a date-change bill.
  When Democrats took the gavel in 2019, CFATS was just a few weeks 
away from sunsetting. We had a short-term extension bill on the floor 
within a few days and immediately got to work on legislation to improve 
the program, not just extend it.
  I was, however, heartened to hear many of my Republican colleagues 
acknowledge the longstanding issues with the program and express 
support for many of the amendments that we offered. We also appreciate 
that at the markup the chairman committed to standing up a bipartisan 
working group within the committee to get these changes enacted into 
law.
  I hope that once we get this date-change bill done, our committee 
will get to work on making the program better in short order.
  Madam Speaker, I reserve the balance of my time.
  Mr. GUEST. Madam Speaker, I yield 2 minutes to the gentlewoman from 
the great State of Florida (Ms. Lee).
  Ms. LEE of Florida. Madam Speaker, I am proud to lead on H.R. 4470, 
Protecting and Securing Chemical Facilities from Terrorist Attacks Act 
of 2023.
  The Chemical Facility Anti-Terrorism Standards, or CFATS, program 
identifies and regulates high-risk chemical facilities to ensure they 
are protected from terrorist attacks. This program must be reauthorized 
by July 27 to ensure these standards of protection against cyber and 
physical risks remain in place.
  On July 20, the Committee on Homeland Security voted unanimously on a 
bipartisan basis to reauthorize CFATS. I encourage my colleagues to 
support this bill.
  CFATS is a regulatory program that is broadly supported by industry. 
This 2-year extension will ensure continuity and security while 
enabling the Cybersecurity and Infrastructure Protection Subcommittee 
to work with regulated entities to identify any needed enhancements and 
changes.
  I thank Chairman Green for moving this bill expeditiously through 
committee, and I urge my colleagues to vote in support of this 
legislation.
  Mr. PAYNE. Madam Speaker, I reserve the balance of my time.
  Mr. GUEST. Madam Speaker, I yield 2 minutes to the gentleman from the 
great State of Texas (Mr. Pfluger).
  Mr. PFLUGER. Madam Speaker, in 2006, Congress authorized the 
Department of Homeland Security to regulate security practices at 
chemical facilities to reduce the risk of terrorists triggering an 
intentional release or stealing chemicals for use in an attack 
elsewhere.
  CFATS, as it is known, requires certain facilities, whose possession 
of chemicals above certain levels present high levels of security risk, 
to assess their vulnerabilities and implement security measures to 
minimize terrorism risks posed by these vulnerabilities.

  On July 27, this Thursday, the statutory authority for the CFATS 
program

[[Page H3933]]

is scheduled to sunset. As I said previously at a Homeland Security 
markup of this legislation, I will support this legislation to cleanly 
extend the program for an additional 2 years, but I am disappointed 
that it is such a short authorization period.
  Companies of all sizes invest millions of dollars into CFATS 
compliance, and they deserve the certainty of knowing what the long-
term standards for compliance will be as they look to reinvest money 
into technologies and infrastructure.
  It is important to note that these facilities fall under a variety of 
sectors critical to our communities, including energy and utilities, 
food production, healthcare and pharmaceuticals, laboratories, and 
more.
  I will support this legislation today to cleanly extend the program, 
but I hope that this body can work towards a long-term reauthorization 
in the future. It is clear that the threats that gave rise to CFATS 
persist today, and we must take these threats seriously.
  In addition, it is also important to note that industry is asking for 
this authorization, which is unlike some of the other regulatory 
overreach that we see from the administration today. What we are 
talking about is industry asking to work with government.
  Madam Speaker, I urge my colleagues to vote ``yes'' on H.R. 4470.
  Mr. PAYNE. Madam Speaker, I continue to reserve the balance of my 
time.
  Mr. GUEST. Madam Speaker, I yield 3 minutes to the gentleman from the 
great State of Ohio (Mr. Johnson).
  Mr. JOHNSON of Ohio. Madam Speaker, today I rise in support of H.R. 
4470, and I urge all Members to support this important legislation.
  Keeping our American homeland secure has been a part of my life for 
over four decades. Though the threats to our Nation have changed since 
I first entered the United States Air Force in 1973, I am reminded of 
our former Commander in Chief Ronald Reagan, who once said: ``Yet peace 
does not exist of its own will.''
  ``We must always remember that peace is a fragile thing that needs 
constant vigilance.''
  This is an important admonition we should keep in mind because on 
July 27, 2023, this week, the legal authority for the Chemical Facility 
Anti-Terrorism Standards program, or CFATS for short, will sunset.
  This means that everything about it--right down to its fundamental 
legal structure--disappears, including Federal outreach and networking 
to prevent terrorism against these facilities.
  Now to be clear, from our perspective on the Energy and Commerce 
Committee, we should be authorizing this program for longer, but time 
is of the essence, and today it is vitally important to pass this 
clean, 26-month CFATS extension.

                              {time}  1830

  American businesses have invested billions of dollars in security, 
expecting a strong return for their efforts. We should not nullify 
investments that would send a bad message to those who wish to do our 
Nation harm, a message that Congress doesn't take security at our 
chemical facilities seriously.
  The Chemical Facility Anti-Terrorism Standards Act is an important 
anti-terrorism-focused program. It is not a perfect tool, but CFATS is 
an important, unique program based upon collaboration between the 
Federal Government and the private sector.
  Unlike other programs at the EPA or the Department of Labor, CFATS is 
focused and it serves as an important bulwark against the threat of 
terrorism here in the United States. It doesn't mandate the answer or 
the specific technology but, rather, asks facilities to identify their 
own vulnerabilities and meet risk-based performance standards in a way 
that makes sense for them.
  I am aware that there are those who, because CFATS is a compulsory 
program for some, might question the value of the current program.
  CFATS does not need to be stripped or have its mission overhauled. 
Though no Federal program is without need of improvement in some area, 
but the immediate answer should not lie in trying to destabilize or 
dismantle it all together.
  Rather, the question should be whether Congress has thoroughly 
overseen the program to understand the program's statutory authority; 
how its operation lines up with congressional direction; whether it is 
effective and efficient; and if it has the will and statutory authority 
to correct deficits or if the law needs to be changed.
  Because of that ongoing oversight work and the seemingly improved 
history of the program, I am comfortable voting to continue it.
  To those colleagues who are still skeptical of the CFATS program----
  The SPEAKER pro tempore. The time of the gentleman has expired.
  Mr. GUEST. Madam Speaker, I yield an additional 30 seconds to the 
gentleman from Ohio.
  Mr. JOHNSON of Ohio. While this extension gives time for not only 
more assessment and for CFATS to demonstrate its progress, I would urge 
you to see past this as a time to take this program hostage or distract 
from its security-related, terrorism prevention focus.
  I urge all Members to vote for the passage of H.R. 4470, and I urge 
the Senate to not delay in its passing, as well.
  Mr. GUEST. Madam Speaker, I have no more speakers and I am prepared 
to close. I reserve the balance of my time.
  Mr. PAYNE. Madam Speaker, I yield myself the balance of my time.
  Madam Speaker, while H.R. 4470 is not the CFATS reauthorization bill 
I had hoped for, it is absolutely necessary that we pass it for one 
simple reason: It will prevent CFATS' statutory authority from lapsing 
and will allow the program to keep working to protect chemical 
facilities from terrorist attacks.
  I am pleased that, in the course of debate in committee, the chairman 
has committed to work with the committee Democrats on a more fulsome 
reauthorization bill. I look forward to starting that work in short 
order.
  Madam Speaker, I yield back the balance of my time.
  Mr. GUEST. Madam Speaker, I yield myself the balance of my time.
  I, once again, urge my colleagues to support H.R. 4407 and to quickly 
move this legislation to the Senate.
  Madam Speaker, I yield back the balance of my time.
  Mr. PALLONE. Madam 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 (CFATS) program 
for another two years. The CFATS program provides critical national 
security protections for chemical facilities and for the people who 
work and live near these facilities. We should all be alarmed that it 
is on the verge of lapsing.
  Unfortunately, we have come down to the wire again to reauthorize 
this program. Without passage of this bill, the CFATS program will 
expire in two days. The program is not perfect, but it should be 
continued. This two-year extension will give the committees of 
jurisdiction time to consider important improvements to the program 
without fear that the program will lapse. To that end, Homeland 
Security Committee Chairman Green has begun the process of creating a 
CFATS reauthorization working group and Energy and Commerce Committee 
Democrats plan to be vocal members. We are prepared to push for our 
jurisdictional priorities in those conversations, specifically 
advocating for environmental justice communities, first responders, and 
worker safety.
  Chemical facility safety is not only important to the Energy and 
Commerce Committee, but also to my home state of New Jersey, where the 
high concentration of industrial chemical facilities coupled with 
densely populated cities makes safety and security of these facilities 
of the utmost importance. Programs like CFATS and the EPA's Risk 
Management Plan program are critical to maintaining the health and 
safety of the people who live and work near these facilities, so the 
consequences of this program expiring are as personal to me as they are 
dire to the safety of our country.
  The last few weeks have brought record heat waves, Canadian 
wildfires, and catastrophic flooding, all markers of what is to come. 
And yet, House Republicans continue to turn a blind eye to the 
devastating impacts of the climate crisis. Instead, they work to 
rollback our historic investments in the Bipartisan Infrastructure Law 
and the Inflation Reduction Act and make drastic cuts to critical 
programs across the board. It would be dangerous of Congress to believe 
that these same extreme weather events don't have the potential to 
undermine and threaten our nation's chemical facilities.
  We must work in a bipartisan fashion to 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 taking serious

[[Page H3934]]

steps to improve it for the future. So, I thank my colleagues on both 
sides of the aisle of the Energy and Commerce Committee and the 
Homeland Security Committee for working to ensure the continuity of 
this program. I urge my colleagues to support passage.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Mississippi (Mr. Guest) that the House suspend the rules 
and pass the bill, H.R. 4470, as amended.
  The question was taken.
  The SPEAKER pro tempore. In the opinion of the Chair, two-thirds 
being in the affirmative, the ayes have it.
  Mr. GUEST. Madam 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.

                          ____________________