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Floor Speech

Date: July 26, 2023
Location: Washington, DC

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Mr. PETERS. Mr. President, I will shortly ask for unanimous consent to pass bipartisan legislation to extend the Chemical Facility Anti- Terrorism Standards Program, also known as CFATS. This critical counterterrorism program was created in the wake of September 11 and the Oklahoma City bombing to ensure that common chemicals could not be stolen or weaponized by terrorists and used in an attack.

Now the program is set to expire on July 27, tomorrow, and we simply cannot let that happen. There are approximately 3,300 facilities across the United States that participate in this program. These facilities support a range of industries, from chemical manufacturing and distribution to agriculture and food production, paint and coatings operations, and healthcare and pharmaceuticals. In their everyday work, these facilities use materials that, in the wrong hands, can be turned into dangerous weapons. Because these types of industrial or commercially available materials are common and offer a simple pathway to weaponization, terrorists are more likely to try to use them.

By participating in the CFATS Program, facilities work with the Department of Homeland Security to develop a plan to ensure potentially hazardous material is secure. I introduced bipartisan legislation, along with Senators Capito, Carper, and Lankford, to extend this important counterterrorism program for 5 years. The 5-year extension provides regulatory certainty and the stability for the companies and groups that participate in the program, ensuring that they can keep these important safeguards in place for longer.

Companies including Dow, BASF, Lubrizol, and Brenntag North America, along with organizations like the U.S. Chamber of Commerce, the American Chemistry Council, the National Association of Chemical Distributors, the American Fuel & Petrochemical Manufacturers, the Agricultural Retailers Association, and the Fertilizer Institute--all of them support extending this vital national security program for another 5 years.

However, last night, the House passed a 2-year extension with overwhelming bipartisan support. More than 400 Members of the U.S. House voted to extend the program. And while I believe passing a longer extension to provide more certainty for companies and for the DHS would be better, the program will expire tomorrow, and if we do not pass legislation to extend it, our national security could be at risk.

If this body allows this program to expire, the 3,300 facilities will no longer be required to maintain security measures and any new high- risk facilities will not be required to invest in additional security. The Department of Homeland Security will no longer be able to assess whether facilities are high risk or share information about specific terrorist threats connected to chemical facilities. The high- risk chemical facilities would no longer be able to screen individuals who have access to sensitive areas against the Terrorist Screening Database, which is a critical way to ensure that we are keeping these substances from getting into the wrong hands.

Since it was created, CFATS has been extended with bipartisan support four times. We cannot let this vital program expire. We must take urgent action to pass this 2-year extension that just passed overwhelmingly through the U.S. House and keep the American people safe from harm.

4470, which was received from the House, that the bill be considered read a third time and passed, and that the motion to reconsider be considered made and laid upon the table.
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Mr. PETERS. Mr. President, I fully appreciate Senator Paul's commitment to making government more efficient. I was pleased that my committee advanced his bill earlier this year, but, as I noted at the time of our passing it out of committee, the bill requires additional work before it is ready to be passed by the full Senate.

We have heard from several committees that have concerns about the potential impacts of the legislation. I hope that we can continue working over the summer to try to address those concerns and find a path forward for this legislation.

However, the Chemical Facilities Anti-Terrorism Standards Program is set to expire tomorrow. We urgently need to pass this bipartisan 2-year extension now. If we do not, chemical facilities that are at risk of being exploited by terrorists will no longer be able to implement critical security measures, including ensuring that individuals in the terrorist screening database do not have access to restricted areas in these facilities, and the Department of Homeland Security will no longer be able to assess or share information about terrorist threats related to these facilities.

Our national security is on the line, and we cannot let this program expire over a completely unrelated bill about the inside workings of Congress.

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