January 8, 2019 - Issue: Vol. 165, No. 3 — Daily Edition116th Congress (2019 - 2020) - 1st Session

[Pages H266-H270]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




    CHEMICAL FACILITY ANTI-TERRORISM STANDARDS PROGRAM EXTENSION ACT

  Mr. THOMPSON of Mississippi. Mr. Speaker, I move to suspend the rules 
and pass the bill (H.R. 251) to extend by two years the Chemical 
Facility Anti-Terrorism Standards Program of the Department of Homeland 
Security, and for other purposes.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                                H.R. 251

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Chemical Facility Anti-
     Terrorism Standards Program Extension Act''.

     SEC. 2. EXTENSION OF CHEMICAL FACILITY ANTI-TERRORISM 
                   STANDARDS PROGRAM OF THE DEPARTMENT OF HOMELAND 
                   SECURITY.

       Section 5 of the Protecting and Securing Chemical 
     Facilities from Terrorist Attacks Act of 2014 (Public Law 
     113-254; 6 U.S.C. 621 note) is amended by striking ``4 
     years'' and inserting ``6 years''.
  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Mississippi (Mr. Thompson) and the gentleman from Alabama (Mr. Rogers) 
each will control 20 minutes.
  The Chair recognizes the gentleman from Mississippi.


                             General Leave

  Mr. THOMPSON of Mississippi. Mr. Speaker, I ask unanimous consent 
that all Members have 5 legislative days to revise and extend their 
remarks and to include extraneous material on this bill.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Mississippi?
  There was no objection.
  Mr. THOMPSON of Mississippi. Mr. Speaker, I yield myself such time as 
I may consume.
  Mr. Speaker, I rise in support of H.R. 251, the Chemical Facility 
Anti-Terrorism Standards Program Extension Act.
  H.R. 251 would extend the Department of Homeland Security's authority 
to carry out the Chemical Facility Anti-Terrorism Standards, or CFATS, 
program for 2 years. Under this novel regulatory program, DHS works 
with the owners and operators of our Nation's highest risk chemical 
facilities to ensure those facilities have adequate security measures 
in place.
  Unless Congress acts expeditiously, authority to regulate these high-
risk facilities will expire in a matter of days. We cannot let this 
happen.
  The risk of a terrorist attack on a chemical facility is not 
conjecture; it is a credible threat echoed by every Homeland Security 
Secretary since 2005. Federal and State law enforcement officers have 
uncovered multiple plots aimed at chemical facilities, including after 
the 9/11 attacks when it came to light that the hijackers had also 
scouted chemical plants.
  National security experts, from former Homeland Security Secretary 
Michael Chertoff to President Obama, have expressed concern that a 
terrorist could seek to penetrate a chemical facility to carry out a 
weapon of mass destruction attack. CFATS is the way DHS partners with 
chemical facilities to combat this threat. The program enjoys support 
across party lines and within the regulated community.
  I led the initial bipartisan effort to establish the program in 2006. 
CFATS had a bumpy start, but over time, with the stability of a long-
term authorization, in 2014, CFATS has developed into a security 
program that is making the U.S. demonstrably safer.
  Don't take my word for it; the data speaks for itself. Since CFATS 
was created, the number of chemical facilities designated as high risk 
in the U.S. has dropped by half. This achievement means that 
communities near the chemical plants are safer.
  Still, like with any other program, there are areas where it could be 
strengthened. The 2-year extension sought under this act is needed to 
give the House and Senate ample time to come together to address 
oversight findings to improve the program.
  It is unfortunate that in the waning days of the previous Congress, 
bipartisan House efforts to provide the regulated community with 
confidence that the CFATS security regime would continue were rebuffed 
by a couple of Senators who took the public position that the program 
should be completely ended unless it was changed in the way they liked. 
In fact, they said as much in a letter to House and Senate leadership 
on October 23, 2018:
  ``If Congress fails to reform the CFATS program, we believe the 
program should expire and not continue to be reauthorized via annual 
appropriations.''
  The approach they took was eerily similar to the one the President is 
now taking as he sets a partial government shutdown in motion to try 
and compel Congress to agree to providing nearly $6 billion in funding 
for a border wall.
  Mr. Speaker, the Secretary of Homeland Security wrote to Congress in 
November urging for a short-term reauthorization.
  Mr. Speaker, I include in the Record both the letter from my Senate 
colleagues and the letter from the Secretary.


                                                  U.S. Senate,

                                 Washington, DC, October 23, 2018.
     Hon. Michael McCaul,
     Chairman, Committee on Homeland Security, House of 
         Representatives, Washington, DC.
     Hon. Bennie Thompson,
     Ranking Member, Committee on Homeland Security, House of 
         Representatives, Washington, DC.
     Hon. Greg Walden,
     Chairman, Committee on Energy and Commerce, House of 
         Representatives, Washington, DC.
     Hon. Frank Pallone,
     Ranking Member, Committee on Energy and Commerce, House of 
         Representatives, Washington, DC.
       Dear Chairman McCaul, Chairman Walden, Ranking Member 
     Thompson, and Ranking Member Pallone: We write regarding S. 
     3405, the Protecting and Securing Chemical Facilities from 
     Terrorist Attacks Act of 2018. This bill will reauthorize the 
     Chemical Facility Anti-Terrorism Standards (CFATS) program at 
     the Department of Homeland Security (DHS) with commonsense 
     reforms to secure chemical facilities while reducing the 
     regulatory burden on the private sector.
       During the 113th Congress, the Senate Committee on Homeland 
     Security and Governmental Affairs, House Committee on 
     Homeland Security, and House Committee on Energy and Commerce 
     worked together to reauthorize and reform the CFATS program, 
     although the reauthorization is set to expire in January 
     2019. At that time, the CFATS program faced significant 
     challenges, including long backlogs to review security plans, 
     a flawed tiering methodology, program management issues, and 
     questions about whether the program was effectively reducing 
     risk and enhancing security.
       The CFATS program currently regulates over 3,000 chemical 
     facilities nationwide. Although DHS has improved its 
     management of the CFATS program over the past four years, 
     such as eliminating the estimated nine-year backlog of 
     reviewing facilities' unique site security plans, it is 
     evident that the program needs additional reforms. On June 
     12, 2018, the Senate Committee on Homeland Security and 
     Governmental Affairs held a roundtable that included DHS, the 
     U.S. Government Accountability Office, a CFATS chemical 
     inspector, and a variety of companies and industry groups.
       During the roundtable, stakeholders provided feedback on 
     how to further improve the CFATS program. For example, 
     industry stakeholders expressed concerns about duplicative 
     regulatory regimes between DHS and the Bureau of Alcohol, 
     Tobacco, Firearms, and Explosives; advised that DHS should 
     not make terror screening mandatory for Tier 3 and Tier 4 
     facilities; complained about inadequate communication from 
     DHS about changes in facilities' tiering; and discussed how a 
     CFATS recognition program can provide greater regulatory 
     relief. We also heard from a CFATS chemical inspector on 
     basic and continuous training issues and need for 
     improvement, particularly with respect to cybersecurity. In 
     addition, the Committee's oversight has shown a need for DHS 
     to report on new metrics that will show if the program is 
     effectively measuring risk reduction and addressing the 
     current threat environment.
       Incorporating this feedback from CFATS stakeholders, 
     Chairman Johnson introduced S. 3405 on September 4, 2018. 
     Senator Capito is a cosponsor. S. 3405 reauthorizes the CFATS 
     program for five years and brings

[[Page H267]]

     much-needed regulatory relief to the U.S. chemical industry 
     while effectively balancing safety and security. On September 
     26, 2018, the Senate Committee on Homeland Security and 
     Governmental Affairs unanimously reported S. 3405 favorably 
     by voice vote. On September 28, 2018, Rep. Katko, Rep. 
     Moolenaar, and Rep. Cuellar introduced H.R. 6992, a 
     bipartisan House companion.
       In the coming weeks, we hope the committees of jurisdiction 
     will continue to work together, as they have throughout this 
     Congress, to find areas of agreement to reauthorize and 
     improve the CFATS program. The purpose of the reauthorization 
     process must be to improve federal regulatory programs 
     incorporating lessons learned from Congressional oversight. 
     S. 3405 provides a path for the CFATS program to continue for 
     an additional five years without inflicting burdensome and 
     duplicative regulations on DHS's industry partners. If 
     Congress fails to reform the CFATS program, we believe the 
     program should expire and not continue to be reauthorized via 
     annual appropriations.
       We look forward to working with you to reauthorize the 
     CFATS program with commonsense reforms before the conclusion 
     of the 115th Congress. Thank you for your attention to this 
     important subject.
           Sincerely,
     Ron Johnson,
       Chairman, Committee on Homeland Security and Governmental 
     Affairs.
     Shelley Moore Capito,
       Chairman, Subcommittee on Homeland Security Committee on 
     Appropriations.
                                  ____



                              Department of Homeland Security,

                                Washington, DC, November 29, 2018.
     Hon. Bennie Thompson,
     Ranking Member, Committee on Homeland Security, House of 
         Representatives, Washington, DC.
       Dear Ranking Member Thompson: I write to you today in 
     support of the reauthorization of the Chemical Facility Anti-
     Terrorism Standards (CFATS). The Department of Homeland 
     Security's (DHS) CFATS authorities will expire in sixty days, 
     which would prevent us from setting security standards and 
     implementing measures that would reduce the risk of hazardous 
     chemicals from falling into the wrong hands.
       We continue to face one of the most serious terrorist 
     threat environments since 9/11. Foreign terrorist 
     organizations are urging recruits to use simple weapons, 
     including toxic chemicals, to target public spaces and 
     events. Terrorists have already used rudimentary chemical 
     weapons on the battlefield and we face the increased risk 
     that they could use these weapons outside of conflict zones. 
     In response, DHS has stepped up its security posture, 
     including the establishment of the Office of Countering 
     Weapons of Mass Destruction. But we must also ensure that 
     dangerous agents are secured at the source to prevent our 
     enemies from exploiting them.
       The Department's CFATS program is a successful public-
     private partnership focused on preventing the misuse of 
     dangerous chemicals. Since its inception in 2006, it has 
     played a key role in bringing our nation's chemical security 
     standards to a higher level, and it has made it harder for 
     nefarious actors to acquire deadly agents and to exploit 
     potential security vulnerabilities for attacks. Our national 
     security depends on the authorities provided by CFATS, from 
     securing cyber control systems to vetting facility personnel 
     for terrorist ties. We cannot let our guard down. The stakes 
     are too high.
       The Department has reviewed the language included in S. 
     3405, Protecting and Securing Chemical Facilities from 
     Terrorist Attacks Act of 2018, and understands the intent is 
     to improve this important regulatory program. The Department 
     agrees that critical review of the program's structure is 
     important. However, we believe that if the program were to 
     lapse--as a result of the current sun-setting provision--it 
     would increase the risk to our country and create uncertainty 
     across the chemical industry.
       To that end, I am requesting that Congress consider a 
     short-term reauthorization of the program in its current 
     form. If reauthorized, I will direct the Cybersecurity and 
     Infrastructure Security Agency to conduct a comprehensive 
     audit to assess additional opportunities to enhance program 
     effectiveness and efficiency. This time will afford us the 
     opportunity to take into account past performance and to 
     evaluate Congressional recommendations, industry impact, and 
     potential changes that can strengthen the program. This audit 
     would be conducted in full collaboration with the appropriate 
     Congressional committees.
       In the four years since the initial multi-year 
     authorization in 2014, DHS has and continues to innovate and 
     streamline the CFATS program, while the chemical industry, 
     assured of the stability provided by a longer-term 
     authorization, has made long-term investments in security 
     measures. This is a win for both government and industry. 
     This progress would be disrupted in the absence of compliance 
     requirements and is yet another reason why CFATS 
     reauthorization is needed.
       Through your leadership, the American people and our 
     homeland are more secure and resilient than ever before. 
     Please consider a short-term reauthorization of CFATS so we 
     can continue to be vigilant against those who wish us harm. 
     Should you have any questions, please have your staff contact 
     the DHS Office of Legislative Affairs.
       The Office of Management and Budget advises that there is 
     no objection to the submission of this letter from the 
     standpoint of the Administration's program.
           Best Regards,
                                              Kirstjen M. Nielsen,
                                                        Secretary.

  Mr. THOMPSON of Mississippi. Mr. Speaker, as Secretary Nielsen notes 
in her letter, `` . . . if the program were to lapse--as a result of 
the current sunsetting provision--it would increase the risk to our 
country and create uncertainty across the chemical industry.''
  The Secretary and I may not agree on everything, but we agree on 
this: We cannot let this critical national security program fall victim 
to this political game of chicken.
  Mr. Speaker, I urge my colleagues to support this legislation, and I 
reserve the balance of my time.
  Mr. ROGERS of Alabama. Mr. Speaker, I yield myself such time as I may 
consume.
  Mr. Speaker, I rise today along with my colleague, Chairman Thompson, 
in strong support of H.R. 251, the Chemical Facility Anti-Terrorism 
Standards Program Extension Act. This bill reauthorizes the Chemical 
Facility Anti-Terrorism Standards program, more commonly known as 
CFATS, for 2 more years.
  CFATS began as a program aimed at keeping dangerous chemicals out of 
the hands of terrorists. In recent years, it has grown, in large part, 
due to partnerships between the Department of Homeland Security and 
industry stakeholders working to identify high-risk facilities and 
ensuring appropriate security measures are in place to mitigate these 
risks.
  The current CFATS authorization expires January 18, and swift action 
is needed to make sure there is no lapse in this program.
  I believe this program has achieved its purpose in making Americans 
safer by helping chemical facilities secure dangerous substances. Mr. 
Speaker, I support this reauthorization and urge my colleagues in the 
Senate to also act with the urgency required to prevent this program 
from expiring.
  Mr. Speaker, I reserve the balance of my time.
  Mr. THOMPSON of Mississippi. Mr. Speaker, I yield 2 minutes to the 
gentleman from Louisiana (Mr. Richmond).
  Mr. RICHMOND. Mr. Speaker, I want to thank the chairman for his 
leadership on this issue before and now.
  Mr. Speaker, I rise today in support of H.R. 251 to extend the DHS 
Chemical Facilities Anti-Terrorism Standards, CFATS, program for a 
period of 2 years.
  Like many of my colleagues in the House, my district is home to a 
number of chemical facilities. They play a crucial role in the local 
economy, but with that comes a risk. The CFATS program helps address 
that risk and makes communities like mine safer, without being overly 
burdensome.
  Twelve years ago, the Bush administration issued a call to action to 
address credible terrorist threats to high-risk chemical facilities 
across the country. At the time, chemical facility security was one of 
the biggest security gaps we faced, and Secretary Chertoff asked 
Congress to ``pass a balanced, risk-based security measure for the 
chemical industry.''

                              {time}  1645

  Within the year, Congress attached language to the DHS appropriations 
bill, giving DHS temporary authority to implement a chemical security 
program. CFATS survived on annual authorizations through the 
appropriations process for 8 years, and the lack of certainty and 
stability stunted the program's growth.
  In 2014, after the tragic explosion at the West, Texas, chemical 
facility, Congress finally passed a 4-year authorization bill. Since 
then, the CFATS program has invested in better tools, better trained 
personnel, and a better strategic vision for the future. In short, the 
CFATS program has matured.
  Today, the program has the buy-in of industry and bipartisan support 
on the Hill. And although I think we can do more to advance the 
objectives of the program, it is clear that CFATS has made us safer.

[[Page H268]]

  Authorization for CFATS expires in a matter of days. If Congress does 
not act, we will lose a valuable antiterrorism program, and we will 
forfeit the hard-earned progress that has been achieved.
  This bill would allow DHS to continue its work to secure chemical 
facilities, and it would give Congress an opportunity to hear from 
stakeholders and the department about the improvements we should make.
  In the last Congress, Chairman Thompson and I made repeated requests 
to prioritize CFATS through hearings and markups. Unfortunately, at 
this point, with the program staring down expiration, it is simply too 
late for that.
  The SPEAKER pro tempore. The time of the gentleman has expired.
  Mr. THOMPSON of Mississippi. Mr. Speaker, I yield an additional 30 
seconds to the gentleman from Louisiana.
  Mr. RICHMOND. Passing H.R. 251 would allow us to continue the 
conversation around this important national security program without 
leaving chemical facilities more vulnerable to attacks.
  Mr. Speaker, I urge my colleagues in the House to support H.R. 251, 
and I hope the Senate will follow suit.
  Mr. ROGERS of Alabama. Mr. Speaker, I yield 5 minutes to the 
gentleman from Illinois (Mr. Shimkus), my friend and colleague, and a 
member of the Energy and Commerce Committee.
  (Mr. SHIMKUS asked and was given permission to revise and extend his 
remarks.)
  Mr. SHIMKUS. Mr. Speaker, I thank the ranking member for yielding to 
me. I also congratulate him for his position, which his peers have 
appointed him to. And I congratulate Chairman Thompson for being chosen 
to hold such a very important chairmanship.
  Mr. Speaker, let me talk about my strong support of H.R. 251. I urge 
all of my colleagues to support this.
  Last week, every Member of Congress swore an oath to defend the 
United States. That, Mr. Speaker, is what we are here on the floor to 
do with this bill.
  In 10 days, as you have heard, the CFATS--Chemical Facility Anti-
Terrorism Standards--program will sunset. This means that everything 
about it, right down to its fundamental structure, legally disappears, 
including Federal outreach and networking to prevent terrorism against 
chemical facilities.
  I know that there are those who question the value of the current 
Chemical Facility Anti-terrorism Standards program. But they should 
know that today's CFATS program is vastly improved from where it was a 
mere 4 years ago.
  How do I know this? How can I be so sure?
  Prior to this Congress, I served since 2011 as the chairman of the 
Energy and Commerce Subcommittee on Environment with my colleague, Mr. 
Tonko, who I am sure, will be speaking on this bill. There, we had six 
hearings on the CFATS program and its operations, the most recent one 6 
months ago. In fact, in the last Congress, my committee was the only 
one in either body to have a hearing dedicated to CFATS where DHS 
testified, for 3 hours on the record, about this program.
  I have also worked with the Government Accountability Office 
throughout that time on the program, and GAO, likewise, has testified 
multiple times before the subcommittee I chaired. GAO's first testimony 
exposed and detailed the breadth of the problems in the program, and 
more recently described ``a number of programmatic changes'' that not 
only addressed their recommendations, but paved the way for remedying 
remaining challenges the program faces.
  No Federal program is without some area in need of improvement, but 
if there was a time to justify winding the program down or making 
serious changes to how it operated, that time was 4 years ago when the 
program was in disarray. It defies logic to foist major changes on 
CFATS now, when it appears to have figured out its weaknesses and 
rectified its deficits.
  To those who are skeptical of the program, this extension gives time 
for not only more assessment to answer lingering questions, but also 
for CFATS to demonstrate to Congress that its progress is not fleeing 
and to identify those security-related, terrorism prevention reforms 
that truly can only be fixed by statute.
  The Chemical Facility Anti-Terrorism Standards Act is an important, 
antiterrorism-focused program. It is not perfect, but it is a unique 
program based on collaboration, focused on and serving as a very 
important bulwark against the threat of terrorism here in the United 
States.
  To this end, Congress has spent almost $900 million under CFATS for 
Federal education, intelligence, technical assistance, and compliance 
efforts. Moreover, American businesses have invested billions of 
dollars, expecting a strong return for themselves and their 
shareholders. We ought not strand these investments and send 
shareholders and terrorists a signal that American assets will be more 
vulnerable tomorrow than they are today.
  Mr. Speaker, I urge all Members to vote for passage of H.R. 251, and 
I urge the other body to quickly pass it as well.
  Mr. THOMPSON of Mississippi. Mr. Speaker, how much time do I have 
remaining?
  The SPEAKER pro tempore. The gentleman from Mississippi has 13 
minutes remaining.

  Mr. THOMPSON of Mississippi. Mr. Speaker, I yield 2 minutes to the 
gentleman from New Jersey (Mr. Pallone).
  Mr. PALLONE. Mr. Speaker, I thank the chairman of the Homeland 
Security Committee for yielding.
  Mr. Speaker, I urge my colleagues to support this bipartisan bill to 
extend the authority for the Department of Homeland Security's Chemical 
Facility Anti-Terrorism Standards, or CFATS, program for 2 years. The 
CFATS program provides critical national security protections. We 
should all be alarmed that it is on the verge of lapsing.
  Unless this bill becomes law, or the President reconsiders his 
shutdown of many parts of the Federal Government, the CFATS program 
will expire in 10 days. The program is not perfect, but it should be 
continued. The 2-year extension will give the committees of 
jurisdiction time to consider important improvements to the program 
without fear that the program will lapse.
  Since before the terrorist attacks of September 11, 2001, experts 
have been concerned about the vulnerability of chemical plants to 
terrorist attacks. These facilities hold large stores of industrial 
chemicals that pose a safety and security risk to the American people 
if they are released or detonated.
  A recent report found that more than 134 million Americans live in 
the vulnerability zones around chemical facilities. The communities 
most at risk are disproportionately low-income communities and 
communities of color.
  I have been an advocate for increased safety and security at our 
Nation's chemical facilities for many years, well before the CFATS 
program was established in 2006. My home State of New Jersey, which has 
a high population density, has a large number of chemical facilities, 
so the consequences of insufficient security are as real to us as they 
are dire.
  Unfortunately, the threats to these facilities are only increasing as 
climate change makes extreme weather more and more common. CFATS-
regulated facilities have been impacted by hurricanes, floods, and 
wildfires, putting us all at risk.
  The highest profile case occurred in the aftermath of Hurricane 
Harvey, at the Arkema chemical plant in Crosby, Texas. The Chemical 
Safety Board released an investigative report on the incident and found 
that the chemical industry is wholly unprepared for extreme weather 
events, like floods and hurricanes. Last year, the New York Times 
reported that more than 2,500 sites handling toxic chemicals are in 
flood-prone areas around the country.
  Instead of addressing these threats, the Trump administration has 
moved aggressively to diminish protections for workers and communities 
around chemical facilities. For instance, despite losing in court, EPA 
continues to try to roll back the Risk Management Planning program 
improvement rule that bolsters safety at these facilities.
  The SPEAKER pro tempore (Mr. Blumenauer). The time of the gentleman 
has expired.
  Mr. THOMPSON of Mississippi. Mr. Speaker, I yield an additional 1 
minute to the gentleman from New Jersey.

[[Page H269]]

  

  Mr. PALLONE. EPA is also systematically ignoring risks to workers in 
implementing the revised Toxic Substances Control Act. And President 
Trump has twice tried to eliminate the Chemical Safety Board, which 
investigates disasters at these facilities.
  As chairman of the Energy and Commerce Committee, I will be 
conducting thorough oversight of the increased threats to dangerous 
chemical facilities and this administration's concerted efforts to 
disregard risks to workers and hot spot communities. That oversight 
will inform our future efforts to improve the CFATS program.
  We must ensure the safety and security of the workers, first 
responders, and communities living near our Nation's chemical 
facilities. That means extending this program while we consider how to 
improve it.
  Mr. Speaker, I thank my colleagues on both sides of the aisle on the 
Energy and Commerce Committee and the bipartisan relationship of the 
Committee on Homeland Security for working with me on this important 
bill to ensure continuity of this program, and I urge that we pass this 
bill immediately.
  Mr. ROGERS of Alabama. Mr. Speaker, I reserve the balance of my time.
  Mr. THOMPSON of Mississippi. Mr. Speaker I yield 2 minutes to the 
gentleman from New York (Mr. Tonko).
  Mr. TONKO. Mr. Speaker, I thank the gentleman for yielding.
  Mr. Speaker, I rise today in support of the Chemical Facility Anti-
Terrorism Standards Program Extension Act. This bipartisan bill is 
supported by the full committee and relevant subcommittee chairs and 
ranking members of the Committee on Energy and Commerce and the 
Committee on Homeland Security.
  The Department of Homeland Security's Chemical Facility Anti-
Terrorism Standards, or CFATS, program is an important part of our 
Nation's counterterrorism efforts to secure high-risk chemical 
facilities.
  The program was created in 2006 and it had its first long-term 
reauthorization in 2014. Unfortunately, without further congressional 
action, CFATS will terminate later this month.
  The bill before us would grant a clean, 2-year extension of the 
program. I believe this will give the new Congress ample time to 
continue program oversight and make any reforms necessary for the next 
long-term extension.
  For one, I strongly believe we should be looking at all aspects of 
risks at chemical facilities, not just terrorism. Chemical fires, 
explosions, and releases can have serious consequences, regardless of 
whether an incident was an accident, a natural disaster, or an act of 
terrorism. A holistic approach to chemical risks, which obviously 
includes security, should also account for workers and communities' 
safety and facilities' resilience.
  Recent natural disasters have exposed previously unaccounted for 
vulnerabilities at some facilities. During Hurricane Harvey, we saw the 
potential for devastation, when a power outage and equipment failure 
led to a significant chemical fire at the Arkema facility in Crosby, 
Texas.

  Ensuring that these critical sites are resilient to risks associated 
with climate change and extreme weather events will be critical for the 
long-term safety and security of not only the sites, but also 
surrounding communities.
  I want to recognize the efforts of Jacqueline Cohen and other members 
of the Energy and Commerce Committee Democratic staff for their work on 
this bill.
  Mr. Speaker, I urge my colleagues to support H.R. 251, and I hope we 
can continue bipartisan efforts to improve the program as we work 
toward a long-term reauthorization in the 116th Congress.
  Mr. ROGERS of Alabama. Mr. Speaker, I urge Members to support this 
bill, and I yield back the balance of my time.
  Mr. THOMPSON of Mississippi. Mr. Speaker, H.R. 251 was introduced by 
Democratic and Republican leadership of the Homeland Security Committee 
and the Energy and Commerce Committee.
  This bill would allow the Department of Homeland Security to continue 
working with high risk chemical facility owners and operators 
throughout the U.S. to guard dangerous chemicals against malicious 
actors.

                              {time}  1700

  For proof of how grave this threat is, one need look no further than 
West, Texas, where, in 2013, a perpetrator set fire to a fertilizer 
plant, causing an explosion that leveled an entire town. More than a 
dozen first responders and civilians lost their lives in the blast.
  Allowing authority to lapse would throw away the progress that has 
been made since 2014 and needlessly make our communities less secure.
  Mr. Speaker, I urge my colleagues in the House to support H.R. 251 
and call on the Senate to join us in maintaining this important 
security program.
  Mr. Speaker, I yield back the balance of my time.
  Ms. JACKSON LEE. Mr. Speaker, as a senior member of the Homeland 
Security Committee, I rise in support of H.R. 251, the ``Chemical 
Facility Anti-Terrorism Standards Program Extension Act,'' which will 
extend by two years the Chemical Facility Anti-Terrorism Standards 
Program (CFATS) of the Department of Homeland Security (DHS) and for 
other purposes.
  I thank Chairman Bernie Thompson of the House Homeland Security 
Committee for his leadership in introducing this important bill to 
improve chemical facility security.
  The Chemical Facility Anti-Terrorism Standards CFATS program is the 
first in the nation to focus specifically on security at high-risk 
chemical facilities.
  Through this regulatory program, the Department of Homeland Security 
(DHS) works with facilities to ensure they have security measures in 
place to reduce the risk associated with certain hazardous chemicals, 
and prevent them from being exploited in terrorist attack.
  These facilities must submit their chemical holdings to DHS via a 
process known as a Top Screen, which in turn is used by DHS to 
determine if the facilities is considered high risk and must develop a 
security plan.
  The Department of Homeland Security reported more than 90,000 Top-
Screen submissions from more than 40,000 unique facilities, of this 
number, CFATS program currently cover 3,355 facilities.
  Today, Texas is the national leader in petroleum refining and 
chemical products production.
  Texas alone produces 5.1 million barrels of crude oil per day, which 
accounted 29 percent of total U.S. refining capacity.
  According to the Businessintexas.com, more than 3,700 energy-related 
establishments are located within the Houston Metropolitan Statistical 
Area.
  The Houston area contributes 40 percent of the national petrochemical 
capacity.
  The great benefits of the chemical industry provide to our nation a 
significant economic strength that cannot be underestimated.
  Unfortunately, this great reward does not come without risks.
  In 2013, a deadly fertilizer plant explosion in West, Texas killed 15 
people, injured over 200 people and wiped out hundreds of homes.
  On November 15, 2014, a leak of nearly 24,000 pounds of toxic 
chemical killed four workers at the E. I. DuPont de Nemours insecticide 
plant in La Porte, Texas.
  In 2017, Hurricane Harvey caused a chemical plant explosion.
  That is why it is important that we vote today to implement the 
following recommendations from the report:
  1. Extend by two years the Chemical Facility Anti-Terrorism Standards 
program of the Department Homeland Security and other purposes.
  2. Continue outreach in support to the DHS effort to identify 
chemical facility that are high risks, which will expand availability 
of CFATS compliance assistance materials and engage stakeholder to 
raise awareness of CFATS requirement and make improve the safety.
  Because the mission of DHS is to ensure that our homeland is safe, 
secure, and resilient against terrorism and other hazards, effective 
communication within the organization is crucial.
  Since its founding, the Department of Homeland Security has overcome 
many challenges as an organization but much more progress must be made 
regarding Chemical Facility Anti-Terrorism Standards program.
  Although not a panacea, H.R. 251 is a step in the right direction 
because it will help improve DHS' overall functions so that it can more 
effectively protect our people.
  I urge my colleagues to join me in supporting this important 
legislation.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Mississippi (Mr. Thompson) that the House suspend the 
rules and pass the bill, H.R. 251.
  The question was taken.
  The SPEAKER pro tempore. In the opinion of the Chair, two-thirds 
being in the affirmative, the ayes have it.

[[Page H270]]

  

  Mr. THOMPSON of Mississippi. Mr. Speaker, on that I demand the yeas 
and nays.
  The yeas and nays were ordered.
  The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, further 
proceedings on this motion will be postponed.

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