[Congressional Record (Bound Edition), Volume 160 (2014), Part 8]
[House]
[Pages 11348-11358]
[From the U.S. 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''.

[[Page 11349]]



     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 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.

[[Page 11350]]

       ``(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.

     ``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

[[Page 11351]]

     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 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.

[[Page 11352]]

  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 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 
     mike_meenan@
americanchemistry.com 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

[[Page 11353]]

     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 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

[[Page 11354]]

     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.
       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.

[[Page 11355]]

  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 
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.

[[Page 11356]]


  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 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

[[Page 11357]]

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 
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:

[[Page 11358]]

       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.

                          ____________________