Chemical Facility Anti-Terrorism Standards Program Extension Act

Floor Speech

Date: Jan. 8, 2019
Location: Washington, DC

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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

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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,

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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.

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Mr. THOMPSON of Mississippi. Mr. Speaker, how much time do I have remaining?

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Mr. THOMPSON of Mississippi.

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Mr. THOMPSON of Mississippi. Mr. Speaker I yield 2 minutes to the gentleman from New York (Mr. Tonko).

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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.

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.

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Mr. THOMPSON of Mississippi. Mr. Speaker, on that I demand the yeas and nays.

The yeas and nays were ordered.

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