H12498 CONGRESSIONAL RECORD — HOUSE November 6, 2009 Rangel Sanchez, Loretta Woolsey Sec. 202. Intentional acts affecting the secu- the identification of chemical facility per- Rogers (MI) Schock rity of covered water systems. sonnel and other persons seeking access to Sa´ nchez, Linda Slaughter Sec. 203. Study to assess the threat of con- the chemical facility and that discourages T. Westmoreland tamination of drinking water abuse through established disciplinary meas- ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE distribution systems. ures. The SPEAKER pro tempore (during TITLE III—WASTEWATER TREATMENT ‘‘(D) Methods to deter, detect, and delay a the vote). One minute remains in this WORKS SECURITY chemical facility terrorist incident, creating sufficient time between detection of a chem- vote. Sec. 301. Short title. ical facility terrorist incident and the point Sec. 302. Wastewater treatment works secu- at which the chemical facility terrorist inci- b 1335 rity. So (two-thirds being in the affirma- dent becomes successful, including measures TITLE I—CHEMICAL FACILITY SECURITY to— tive) the rules were suspended and the SEC. 101. SHORT TITLE. ‘‘(i) deter vehicles from penetrating the bill was passed. This title may be cited as the ‘‘Chemical chemical facility perimeter, gaining unau- The result of the vote was announced Facility Anti-Terrorism Act of 2009’’. thorized access to restricted areas, or other- as above recorded. SEC. 102. FINDINGS AND PURPOSE. wise presenting a hazard to potentially crit- A motion to reconsider was laid on (a) FINDINGS.—Congress makes the fol- ical targets; the table. lowing findings: ‘‘(ii) deter chemical facility terrorist inci- dents through visible, professional, well- f (1) The Nation’s chemical sector represents a target that terrorists could exploit to maintained security measures and systems, CHEMICAL FACILITY ANTI- cause consequences, including death, injury, including security personnel, detection sys- TERRORISM ACT OF 2009 or serious adverse effects to human health, tems, barriers and barricades, and hardened or reduced value targets; The SPEAKER pro tempore. Pursu- the environment, critical infrastructure, public health, homeland security, national ‘‘(iii) detect chemical facility terrorist in- ant to House Resolution 885 and rule security, and the national economy. cidents at early stages through counter sur- XVIII, the Chair declares the House in (2) Chemical facilities that pose such po- veillance, frustration of opportunity to ob- the Committee of the Whole House on tential consequences and that are vulnerable serve potential targets, surveillance and the State of the Union for the further to terrorist attacks must be protected. sensing systems, and barriers and barricades; consideration of the bill, H.R. 2868. (3) The Secretary of Homeland Security and has statutory authority pursuant to section ‘‘(iv) delay a chemical facility terrorist in- b 1335 550 of the Department of Homeland Security cident for a sufficient period of time so as to allow appropriate response through on-site IN THE COMMITTEE OF THE WHOLE Appropriations Act, 2007 (Public Law 109–295) to regulate the security practices at chem- security response, barriers and barricades, Accordingly, the House resolved hardened targets, and well-coordinated re- ical facilities that are at significant risk of itself into the Committee of the Whole sponse planning. being terrorist targets. ‘‘(E) Securing and monitoring the shipping, House on the State of the Union for the (4) The Secretary of Homeland Security receipt, and storage of a substance of con- further consideration of the bill (H.R. issued interim final regulations called the cern for the chemical facility. 2868) to amend the Homeland Security Chemical Facility Anti-Terrorism Stand- ‘‘(F) Deterring theft or diversion of a sub- Act of 2002 to extend, modify, and re- ards, which became effective on June 8, 2007. stance of concern. (b) PURPOSE.—The purpose of this title is codify the authority of the Secretary ‘‘(G) Deterring insider sabotage. to modify and make permanent the author- of Homeland Security to enhance secu- ‘‘(H) Deterring cyber sabotage, including ity of the Secretary of Homeland Security to rity and protect against acts of ter- by preventing unauthorized onsite or remote regulate security practices at chemical fa- rorism against chemical facilities, and access to critical process controls, including cilities. for other purposes, with Mr. SALAZAR supervisory control and data acquisition sys- (Acting Chair) in the chair. SEC. 103. EXTENSION, MODIFICATION, AND RE- tems, distributed control systems, process CODIFICATION OF AUTHORITY OF control systems, industrial control systems, The Clerk read the title of the bill. SECRETARY OF HOMELAND SECU- critical business systems, and other sensitive The Acting CHAIR. When the Com- RITY TO REGULATE SECURITY PRAC- TICES AT CHEMICAL FACILITIES. computerized systems. mittee of the Whole rose on Thursday, ‘‘(I) Developing and exercising an internal November 5, 2009, all time for general (a) IN GENERAL.—The Homeland Security Act of 2002 (6 U.S.C. 101 et seq.) is amended emergency plan for owners, operators, and debate had expired. by adding at the end the following new title: covered individuals of a covered chemical fa- In lieu of the amendments in the na- cility for responding to chemical facility ter- ture of a substitute recommended by ‘‘TITLE XXI—REGULATION OF SECURITY rorist incidents at the facility. Any such PRACTICES AT CHEMICAL FACILITIES the Committees on Homeland Security plan shall include the provision of appro- and Energy and Commerce printed in ‘‘SEC. 2101. DEFINITIONS. priate information to any local emergency ‘‘In this title, the following definitions planning committee, local law enforcement the bill, the amendment in the nature apply: officials, and emergency response providers of a substitute printed in part A of ‘‘(1) The term ‘chemical facility’ means to ensure an effective, collective response to House Report 111–327 shall be consid- any facility— terrorist incidents. ered as an original bill for purpose of ‘‘(A) at which the owner or operator of the ‘‘(J) Maintaining effective monitoring, amendment under the 5-minute rule facility possesses or plans to possess at any communications, and warning systems, in- and shall be considered read. relevant point in time a substance of con- cluding— The text of the amendment in the na- cern; or ‘‘(i) measures designed to ensure that secu- ture of a substitute is as follows: ‘‘(B) that meets other risk-related criteria rity systems and equipment are in good identified by the Secretary. working order and inspected, tested, cali- H.R. 2868 ‘‘(2) The term ‘chemical facility security brated, and otherwise maintained; Be it enacted by the Senate and House of Rep- performance standards’ means risk-based ‘‘(ii) measures designed to regularly test resentatives of the United States of America in standards established by the Secretary to en- security systems, note deficiencies, correct Congress assembled, sure or enhance the security of a chemical for detected deficiencies, and record results SECTION 1. SHORT TITLE; TABLE OF CONTENTS. facility against a chemical facility terrorist so that they are available for inspection by (a) SHORT TITLE.—This Act may be cited as incident that are designed to address the fol- the Department; and the ‘‘Chemical and Water Security Act of lowing: ‘‘(iii) measures to allow the chemical facil- 2009’’. ‘‘(A) Restricting the area perimeter. ity to promptly identify and respond to secu- (b) TABLE OF CONTENTS.—The table of con- ‘‘(B) Securing site assets. rity system and equipment failures or mal- tents for this Act is as follows: ‘‘(C) Screening and controlling access to functions. Sec. 1. Short title; table of contents. the facility and to restricted areas within ‘‘(K) Ensuring mandatory annual security TITLE I—CHEMICAL FACILITY SECURITY the facility by screening or inspecting indi- training, exercises, and drills of chemical fa- viduals and vehicles as they enter, includ- cility personnel appropriate to their roles, Sec. 101. Short title. ing— responsibilities, and access to chemicals, in- Sec. 102. Findings and purpose. ‘‘(i) measures to deter the unauthorized in- cluding participation by local law enforce- Sec. 103. Extension, modification, and re- troduction of dangerous substances and de- ment, local emergency response providers, codification of authority of vices that may facilitate a chemical facility appropriate supervisory and non-supervisory Secretary of Homeland Secu- terrorist incident or actions having serious facility employees and their employee rep- rity to regulate security prac- negative consequences for the population resentatives, if any. tices at chemical facilities. surrounding the chemical facility; and ‘‘(L) Performing personnel surety for indi- TITLE II—DRINKING WATER SECURITY ‘‘(ii) measures implementing a regularly viduals with access to restricted areas or Sec. 201. Short title. updated identification system that checks critical assets by conducting appropriate

VerDate Nov 24 2008 06:36 Jan 30, 2010 Jkt 079060 PO 00000 Frm 00040 Fmt 7634 Sfmt 0634 E:\RECORD09\H06NO9.REC H06NO9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE November 6, 2009 CONGRESSIONAL RECORD — HOUSE H12499 background checks and ensuring appropriate Fishery Conservation and Management Act economy that could result from a chemical credentials for unescorted visitors and chem- (16 U.S.C. 1801 et seq.); and facility terrorist incident. ical facility personnel, including permanent ‘‘(B) any other surface water, ground ‘‘(C) The proximity of the chemical facility and part-time personnel, temporary per- water, drinking water supply, land surface or to large population centers. sonnel, and contract personnel, including— subsurface strata, or ambient air within the ‘‘(2) SUBMISSION OF INFORMATION.—The Sec- ‘‘(i) measures designed to verify and vali- United States or under the jurisdiction of retary may require the submission of infor- date identity; the United States. mation with respect to the quantities of sub- ‘‘(ii) measures designed to check criminal ‘‘(8) The term ‘owner or operator’ with re- stances of concern that an owner or operator history; spect to a facility means any of the fol- of a chemical facility possesses or plans to ‘‘(iii) measures designed to verify and vali- lowing: possess in order to determine whether to des- date legal authorization to work; and ‘‘(A) The person who owns the facility. ignate a chemical facility as a covered chem- ‘‘(iv) measures designed to identify people ‘‘(B) The person who has responsibility for ical facility for purposes of this title. with terrorist ties. daily operation of the facility. ‘‘(c) ASSIGNMENT OF CHEMICAL FACILITIES ‘‘(M) Escalating the level of protective ‘‘(C) The person who leases the facility. TO RISK-BASED TIERS.— measures for periods of elevated threat. ‘‘(9) The term ‘person’ means an individual, ‘‘(1) ASSIGNMENT.—The Secretary shall as- ‘‘(N) Specific threats, vulnerabilities, or trust, firm, joint stock company, corpora- sign each covered chemical facility to one of risks identified by the Secretary for that tion (including a government corporation), four risk-based tiers established by the Sec- chemical facility. partnership, association, State, munici- retary, with tier one representing the high- ‘‘(O) Reporting of significant security inci- pality, commission, political subdivision of a est degree of risk and tier four the lowest de- dents to the Department and to appropriate State, or any interstate body and shall in- gree of risk. local law enforcement officials. clude each department, agency, and instru- ‘‘(2) PROVISION OF INFORMATION.—The Sec- ‘‘(P) Identifying, investigating, reporting, mentality of the United States. retary may request, and the owner or oper- and maintaining records of significant secu- ‘‘(10) The term ‘release’ means any spilling, ator of a covered chemical facility shall pro- rity incidents and suspicious activities in or leaking, pumping, pouring, emitting, vide, any additional information beyond any near the site. emptying, discharging, injecting, escaping, information required to be submitted under ‘‘(Q) Establishing one or more officials and leaching, dumping, or disposing into the en- subsection (b)(2) that may be necessary for an organization responsible for— vironment (including the abandonment or the Secretary to assign the chemical facility ‘‘(i) security; discarding of barrels, containers, and other to the appropriate tier under paragraph (1). ‘‘(ii) compliance with the standards under closed receptacles containing any hazardous ‘‘(3) NOTIFICATION.—Not later than 60 days this paragraph; substance or pollutant or contaminant). after the date on which the Secretary deter- ‘‘(iii) serving as the point of contact for in- ‘‘(11) The term ‘substance of concern’ mines that a chemical facility is a covered cident management purposes with Federal, means a chemical substance in quantity and chemical facility or is no longer a covered State, local, and tribal agencies, law enforce- form that is so designated by the Secretary chemical facility or changes the tier assign- ment, and emergency response providers; and under section 2102(a). ment under paragraph (1) of a covered chem- ‘‘(iv) coordination with Federal, State, ‘‘(12) The term ‘method to reduce the con- ical facility, the Secretary shall notify the local, and tribal agencies, law enforcement, sequences of a terrorist attack’ means a owner or operator of that chemical facility and emergency response providers regarding measure used at a chemical facility that re- of that determination or change together plans and security measures for the collec- duces or eliminates the potential con- with the reason for the determination or tive response to a chemical facility terrorist sequences of a chemical facility terrorist in- change and, upon the request of the owner or incident. cident, including— operator of a covered chemical facility, pro- ‘‘(R) Maintaining appropriate records re- ‘‘(A) the elimination or reduction in the vide to the owner or operator of the covered lating to the security of the facility, includ- amount of a substance of concern possessed chemical facility the following information: ing a copy of the most recent security vul- or planned to be possessed by an owner or op- ‘‘(A) The number of individuals at risk of nerability assessment and site security plan erator of a covered chemical facility through death, injury, or severe adverse effects to at the chemical facility. the use of alternate substances, formula- human health as a result of a worst case ‘‘(S) Assessing and, as appropriate, uti- tions, or processes; chemical facility terrorist incident at the lizing methods to reduce the consequences of ‘‘(B) the modification of pressures, tem- covered chemical facility. a terrorist attack. peratures, or concentrations of a substance ‘‘(B) Information related to the criticality ‘‘(T) Methods to recover or mitigate the re- of concern; and of the covered chemical facility. lease of a substance of concern in the event ‘‘(C) the reduction or elimination of onsite ‘‘(C) The proximity or interrelationship of of a chemical facility terrorist incident. handling of a substance of concern through the covered chemical facility to other crit- ‘‘(U) Any additional security performance improvement of inventory control or chem- ical infrastructure. standards the Secretary may specify. ical use efficiency. ‘‘(d) REQUIREMENT FOR REVIEW.—The Sec- ‘‘(3) The term ‘chemical facility terrorist ‘‘SEC. 2102. RISK-BASED DESIGNATION AND RANK- retary— incident’ means any act or attempted act of ING OF CHEMICAL FACILITIES. ‘‘(1) shall periodically review— terrorism or terrorist activity committed at, ‘‘(a) SUBSTANCES OF CONCERN.— ‘‘(A) the designation of a substance of con- near, or against a chemical facility, includ- ‘‘(1) DESIGNATION BY THE SECRETARY.—The cern and the threshold quantity under sub- ing— Secretary may designate any chemical sub- section (a)(1); and ‘‘(A) the release of a substance of concern stance as a substance of concern and estab- ‘‘(B) the criteria under subsection (b)(1); from a chemical facility; lish the threshold quantity for each such and ‘‘(B) the theft, misappropriation, or misuse substance of concern. ‘‘(2) may at any time determine whether a of a substance of concern from a chemical fa- ‘‘(2) MATTERS FOR CONSIDERATION.—In des- chemical facility is a covered chemical facil- cility; or ignating a chemical substance or estab- ity or change the tier to which such a facil- ‘‘(C) the sabotage of a chemical facility or lishing or adjusting the threshold quantity ity is assigned under subsection (c)(1). a substance of concern at a chemical facil- for a chemical substance under paragraph ‘‘(e) PROVISION OF THREAT-RELATED INFOR- ity. (1), the Secretary shall consider the poten- MATION.—In order to effectively assess the ‘‘(4) The term ‘employee representative’ tial extent of death, injury, and serious ad- vulnerabilities to a covered chemical facil- means the representative of the certified or verse effects to human health, the environ- ity, the Secretary shall provide to the owner, recognized bargaining agent engaged in a ment, critical infrastructure, public health, operator, or security officer of a covered collective bargaining relationship with a pri- homeland security, national security, and chemical facility threat information regard- vate or public owner or operator of a chem- the national economy that could result from ing probable threats to the facility and ical facility. a chemical facility terrorist incident. methods that could be used in a chemical fa- ‘‘(5) The term ‘covered individual’ means a ‘‘(b) LIST OF COVERED CHEMICAL FACILI- cility terrorist incident. permanent, temporary, full-time, or part- TIES.— ‘‘SEC. 2103. SECURITY VULNERABILITY ASSESS- time employee of a covered chemical facility ‘‘(1) CRITERIA FOR LIST OF FACILITIES.—The MENTS AND SITE SECURITY PLANS. or an employee of an entity with which the Secretary shall maintain a list of covered ‘‘(a) IN GENERAL.— covered chemical facility has entered into a chemical facilities that the Secretary deter- ‘‘(1) REQUIREMENT.—The Secretary shall— contract who is performing responsibilities mines are of sufficient security risk for in- ‘‘(A) establish standards, protocols, and at the facility pursuant to the contract. clusion on the list based on the following cri- procedures for security vulnerability assess- ‘‘(6) The term ‘covered chemical facility’ teria: ments and site security plans to be required means a chemical facility that meets the cri- ‘‘(A) The potential threat or likelihood for covered chemical facilities; teria of section 2102(b)(1). that the chemical facility will be the target ‘‘(B) require the owner or operator of each ‘‘(7) The term ‘environment’ means— of a chemical facility terrorist incident. covered chemical facility to— ‘‘(A) the navigable waters, the waters of ‘‘(B) The potential extent and likelihood of ‘‘(i) conduct an assessment of the vulner- the contiguous zone, and the ocean waters of death, injury, or serious adverse effects to ability of the covered chemical facility to a which the natural resources are under the human health, the environment, critical in- range of chemical facility terrorist inci- exclusive management authority of the frastructure, public health, homeland secu- dents, including an incident that results in a United States under the Magnuson-Stevens rity, national security, and the national worst-case release of a substance of concern

VerDate Nov 24 2008 06:36 Jan 30, 2010 Jkt 079060 PO 00000 Frm 00041 Fmt 7634 Sfmt 0634 E:\RECORD09\H06NO9.REC H06NO9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE H12500 CONGRESSIONAL RECORD — HOUSE November 6, 2009 and submit such assessment to the Sec- ‘‘(1) require separate and, as appropriate, formation to the Secretary necessary to de- retary; increasingly stringent risk-based chemical termine whether to designate such a facility ‘‘(ii) prepare and implement a site security security performance standards for site secu- as a covered chemical facility and to assign plan for that covered chemical facility that rity plans as the level of risk associated with the facility to a risk-based tier under section addresses the security vulnerability assess- the tier increases; and 2102 of this title. ment and meets the risk-based chemical se- ‘‘(2) permit each covered chemical facility ‘‘(B) ADDITIONAL MEASURES.—In the case of curity performance standards under sub- submitting a site security plan to select a a facility designated as a covered chemical section (c) and submit such plan to the Sec- combination of security measures that sat- facility under this title for which a facility retary; isfy the risk-based chemical security per- security plan is required to be submitted ‘‘(iii) include at least one supervisory and formance standards established by the Sec- under section 70103(c) of title 46, United at least one non-supervisory employee of the retary under this subsection. States Code, the Commandant of the Coast covered chemical facility, and at least one ‘‘(d) CO-LOCATED CHEMICAL FACILITIES.— Guard, after consultation with the Sec- employee representative, from each bar- The Secretary may allow an owner or oper- retary, shall require the owner or operator of gaining agent at the covered chemical facil- ator of a covered chemical facility that is lo- such facility to update the vulnerability as- ity, if any, in developing the security vulner- cated geographically close to another cov- sessments and facility security plans re- ability assessment and site security plan re- ered chemical facility to develop and imple- quired under that section, if necessary, to quired under this section; and ment coordinated security vulnerability as- ensure an equivalent level of security for ‘‘(iv) include, with the submission of a se- sessments and site security plans. substances of concern, including the require- ‘‘(e) ALTERNATE SECURITY PROGRAMS SAT- curity vulnerability assessment and the site ments under section 2111, in the same man- ISFYING REQUIREMENTS FOR SECURITY VUL- security plan of the covered chemical facil- ner as other covered chemical facilities in NERABILITY ASSESSMENT AND SITE SECURITY ity under this title, a signed statement by this title. PLAN.— the owner or operator of the covered chem- ‘‘(C) PERSONNEL SURETY.— ‘‘(1) ACCEPTANCE OF PROGRAM.—In response ical facility that certifies that the submis- ‘‘(i) EXCEPTION.—A facility designated as a to a request by an owner or operator of a covered chemical facility under this title sion is provided to the Secretary with knowl- covered chemical facility, the Secretary may edge of the penalty provisions under section that has had its facility security plan ap- accept an alternate security program sub- proved under section 70103(c) of title 46, 2107; mitted by the owner or operator of the facil- ‘‘(C) set deadlines, by tier, for the comple- United States Code, shall not be required to ity as a component of the security vulner- update or amend such plan in order to meet tion of security vulnerability assessments ability assessment or site security plan re- and site security plans; the requirements of section 2115 of this title. quired under this section, if the Secretary ‘‘(ii) EQUIVALENT ACCESS.—An individual ‘‘(D) upon request, as necessary, and to the determines that such alternate security pro- extent that resources permit, provide tech- described in section 2115(a)(1)(B) who has gram, in combination with other components been granted access to restricted areas or nical assistance to a covered chemical facil- of the security vulnerability assessment and ity conducting a vulnerability assessment or critical assets by the owner or operator of a site security plan submitted by the owner or facility for which a security plan is required site security plan required under this sec- operator of the facility— tion; to be submitted under section 70103(c) of title ‘‘(A) meets the requirements of this title 46, United States Code, may be considered by ‘‘(E) establish specific deadlines and re- and the regulations promulgated pursuant to that owner or operator to have satisfied the quirements for the submission by a covered this title; requirement for passing a security back- chemical facility of information describing— ‘‘(B) provides an equivalent level of secu- ground check otherwise required under sec- ‘‘(i) any change in the use by the covered rity to the level of security established pur- tion 2115 for purposes of granting the indi- chemical facility of more than a threshold suant to the regulations promulgated under vidual access to restricted areas or critical amount of any substance of concern that this title; and assets of a covered chemical facility that is may affect the requirements of the chemical ‘‘(C) includes employee participation as re- owned or operated by the same owner or op- facility under this title; or quired under subsection (a)(1)(B)(iii). erator. ‘‘(ii) any material modification to a cov- ‘‘(2) SECRETARIAL REVIEW REQUIRED.—Noth- ‘‘(D) INFORMATION SHARING AND PROTEC- ered chemical facility’s operations or site ing in this subsection shall relieve the Sec- TION.—Notwithstanding section 70103(d) of that may affect the security vulnerability retary of the obligation— title 46, United States Code, the Com- assessment or site security plan submitted ‘‘(A) to review a security vulnerability as- mandant of the Coast Guard, after consulta- by the covered chemical facility; sessment and site security plan submitted by tion with the Secretary, shall apply the in- ‘‘(F) require the owner or operator of a a covered chemical facility under this sec- formation sharing and protection require- covered chemical facility to review and re- tion; and ments in section 2110 of this title to a facil- submit a security vulnerability assessment ‘‘(B) to approve or disapprove each such as- ity described in subparagraph (B). or site security plan not less frequently than sessment or plan on an individual basis ac- ‘‘(E) ENFORCEMENT.—The Secretary shall once every 5 years; and cording to the deadlines established under establish, by rulemaking, procedures to en- ‘‘(G) not later than 180 days after the date subsection (a). sure that an owner or operator of a covered on which the Secretary receives a security ‘‘(3) COVERED FACILITY’S OBLIGATIONS UNAF- chemical facility required to update the vul- vulnerability assessment or site security FECTED.—Nothing in this subsection shall re- nerability assessment and facility security plan under this title, review and approve or lieve any covered chemical facility of the ob- plan for the facility under subparagraph (B) disapprove such assessment or plan and no- ligation and responsibility to comply with is in compliance with the requirements of tify the covered chemical facility of such ap- all of the requirements of this title. this title. proval or disapproval. ‘‘(4) PERSONNEL SURETY ALTERNATE SECU- ‘‘(F) FORMAL AGREEMENT.—The Secretary ‘‘(2) INHERENTLY GOVERNMENTAL FUNC- RITY PROGRAM.—In response to an applica- shall— TION.—The approval or disapproval of a secu- tion from a non-profit, personnel surety ac- ‘‘(i) require the Office of Infrastructure rity vulnerability assessment or site secu- crediting organization acting on behalf of, Protection and the Coast Guard to enter into rity plan under this section is an inherently and with written authorization from, the a formal agreement detailing their respec- governmental function. owner or operator of a covered chemical fa- tive roles and responsibilities in carrying out ‘‘(b) PARTICIPATION IN PREPARATION OF SE- cility, the Secretary may accept a personnel the requirements of this title, which shall CURITY VULNERABILITY ASSESSMENTS OR SITE surety alternate security program that ensure that the enforcement and compliance SECURITY PLANS.—Any person selected by meets the requirements of section 2115 and requirements under this title and section the owner or operator of a covered chemical provides for a background check process that 70103 of title 46, United States Code, are not facility or by a certified or recognized bar- is— conflicting or duplicative; and gaining agent of a covered chemical facility ‘‘(A) expedited, affordable, reliable, and ac- ‘‘(ii) designate the agency responsible for to participate in the development of the se- curate; enforcing the requirements of this title with curity vulnerability assessment or site secu- ‘‘(B) fully protective of the rights of cov- respect to covered chemical facilities for rity plan required under this section for such ered individuals through procedures that are which facility security plans are required to covered chemical facility shall be permitted consistent with the privacy protections be submitted under section 70103(c) of title to participate if the person possesses knowl- available under the Fair Credit Reporting 46, United States Code, consistent with the edge, experience, training, or education rel- Act (15 U.S.C. 1681 et seq.); and requirements of subparagraphs (B) and (D). evant to the portion of the security vulner- ‘‘(C) is a single background check con- ‘‘(2) COORDINATION OF STORAGE LICENSING OR ability assessment or site security plan on sistent with a risk-based tiered program. PERMITTING REQUIREMENT.—In the case of any which the person is participating. ‘‘(f) OTHER AUTHORITIES.— storage required to be licensed or permitted ‘‘(c) RISK-BASED CHEMICAL SECURITY PER- ‘‘(1) REGULATION OF MARITIME FACILITIES.— under chapter 40 of title 18, United States FORMANCE STANDARDS.—The Secretary shall ‘‘(A) RISK-BASED TIERING.—Notwith- Code, the Secretary shall prescribe the rules establish risk-based chemical security per- standing any other provision of law, the and regulations for the implementation of formance standards for the site security owner or operator of a chemical facility re- this section with the concurrence of the At- plans required to be prepared by covered quired to submit a facility security plan torney General and avoid unnecessary dupli- chemical facilities. In establishing such under section 70103(c) of title 46, United cation of regulatory requirements. standards, the Secretary shall— States Code, shall be required to submit in- ‘‘(g) ROLE OF EMPLOYEES.—

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‘‘(1) DESCRIPTION OF ROLE REQUIRED.—Site ture, or the environment from the effects of with this title, including compliance or non- security plans required under this section a chemical facility terrorist incident. compliance with any regulation or require- shall describe the roles or responsibilities ‘‘(D) ELIGIBLE ENTITIES.—For purposes of ment adopted by the Secretary in further- that covered individuals are expected to per- this paragraph, an eligible entity is a non- ance of the purposes of this title. An em- form to deter or respond to a chemical facil- profit organization with demonstrated expe- ployee representative of each certified or ity terrorist incident. rience in implementing and operating suc- recognized bargaining agent at the covered ‘‘(2) ANNUAL TRAINING FOR EMPLOYEES.— cessful worker or first responder health and chemical facility, if any, or, if none, a non- The owner or operator of a covered chemical safety or security training programs. supervisory employee, shall be given the op- facility required to submit a site security ‘‘(h) STATE, REGIONAL, OR LOCAL GOVERN- portunity to accompany the Secretary dur- plan under this section shall annually pro- MENTAL ENTITIES.—No covered chemical fa- ing a physical inspection of such covered vide each covered individual with a role or cility shall be required under State, local, or chemical facility for the purpose of aiding in responsibility referred to in paragraph (1) at tribal law to provide a vulnerability assess- such inspection, if representatives of the the facility with a minimum of 8 hours of ment or site security plan described under owner or operator of the covered chemical training. Such training shall, as relevant to this title to any State, regional, local, or facility will also be accompanying the Sec- the role or responsibility of such covered in- tribal government entity solely by reason of retary on such inspection. dividual— the requirement under subsection (a) that ‘‘SEC. 2105. RECORDS. ‘‘(A) include an identification and discus- the covered chemical facility submit such an ‘‘(a) REQUEST FOR RECORDS.—In carrying sion of substances of concern; assessment and plan to the Secretary. out this title, the Secretary may require ‘‘(B) include a discussion of possible con- ‘‘SEC. 2104. SITE INSPECTIONS. submission of, or on presentation of creden- sequences of a chemical facility terrorist in- ‘‘(a) RIGHT OF ENTRY.—For purposes of car- tials may at reasonable times obtain access cident; rying out this title, the Secretary shall have, to and copy, any records, including any ‘‘(C) review and exercise the covered chem- at a reasonable time and on presentation of records maintained in electronic format, ical facility’s site security plan, including credentials, a right of entry to, on, or necessary for— any requirements for differing threat levels; through any property of a covered chemical ‘‘(1) reviewing or analyzing a security vul- ‘‘(D) include a review of information pro- facility or any property on which any record nerability assessment or site security plan tection requirements; submitted under section 2103; or ‘‘(E) include a discussion of physical and required to be maintained under this section ‘‘(2) assessing the implementation of such cyber security equipment, systems, and is located. a site security plan. methods used to achieve chemical security ‘‘(b) INSPECTIONS AND VERIFICATIONS.— ‘‘(b) PROPER HANDLING OF RECORDS.—In ac- performance standards; ‘‘(1) IN GENERAL.—The Secretary shall, at cessing or copying any records under sub- ‘‘(F) allow training with other relevant such time and place as the Secretary deter- section (a), the Secretary shall ensure that participants, including Federal, State, local, mines to be reasonable and appropriate, con- such records are handled and secured appro- and tribal authorities, and first responders, duct chemical facility security inspections priately in accordance with section 2110. where appropriate; and verifications. ‘‘(G) use existing national voluntary con- ‘‘(2) REQUIREMENTS.—To ensure and evalu- ‘‘SEC. 2106. TIMELY SHARING OF THREAT INFOR- sensus standards, chosen jointly with em- ate compliance with this title, including any MATION. ployee representatives, if any; regulations or requirements adopted by the ‘‘(a) RESPONSIBILITIES OF SECRETARY.— ‘‘(H) allow instruction through government Secretary in furtherance of the purposes of Upon the receipt of information concerning a training programs, chemical facilities, aca- this title, in conducting an inspection or threat that is relevant to a certain covered demic institutions, nonprofit organizations, verification under paragraph (1), the Sec- chemical facility, the Secretary shall pro- industry and private organizations, em- retary shall have access to the owners, oper- vide such information in a timely manner, to ployee organizations, and other relevant en- ators, employees, and employee representa- the maximum extent practicable under ap- tities that provide such training; tives, if any, of a covered chemical facility. plicable authority and in the interests of na- ‘‘(I) use multiple training media and meth- ‘‘(c) UNANNOUNCED INSPECTIONS.—In addi- tional security, to the owner, operator, or se- ods; and tion to any inspection conducted pursuant to curity officer of that covered chemical facil- ‘‘(J) include a discussion of appropriate subsection (b), the Secretary shall require ity, to a representative of each recognized or emergency response procedures, including covered chemical facilities assigned to tier 1 certified bargaining agent at the facility, if procedures to mitigate the effects of a chem- and tier 2 under section 2102(c)(1) to undergo any, and to relevant State, local, and tribal ical facility terrorist incident. unannounced facility inspections. The in- authorities, including the State Homeland ‘‘(3) EQUIVALENT TRAINING.—During any spections required under this subsection Security Advisor, if any. year, with respect to any covered individual shall be— ‘‘(b) RESPONSIBILITIES OF OWNER OR OPER- with roles or responsibilities under para- ‘‘(1) conducted without prior notice to the ATOR.—The Secretary shall require the graph (1), an owner or operator of a covered facility; owner or operator of a covered chemical fa- chemical facility may satisfy any of the ‘‘(2) designed to evaluate at the chemical cility to provide information concerning a training requirements for such covered indi- facility undergoing inspection— threat in a timely manner about any signifi- vidual under subparagraphs (A), (B), (C), (D), ‘‘(A) the ability of the chemical facility to cant security incident or threat to the cov- (E), or (J) of paragraph (2) through training prevent a chemical facility terrorist incident ered chemical facility or any intentional or that such owner or operator certifies, in a that the site security plan of the facility is unauthorized penetration of the physical se- manner prescribed by the Secretary, is intended to prevent; curity or cyber security of the covered chem- equivalent. ‘‘(B) the ability of the chemical facility to ical facility whether successful or unsuccess- ‘‘(4) WORKER TRAINING GRANT PROGRAM.— protect against security threats that are re- ful. ‘‘(A) AUTHORITY.—The Secretary shall es- quired to be addressed by the site security ‘‘SEC. 2107. ENFORCEMENT. tablish a grant program to award grants to plan of the facility; and ‘‘(a) REVIEW OF SECURITY VULNERABILITY or enter into cooperative agreements with ‘‘(C) any weaknesses in the site security ASSESSMENT AND SITE SECURITY PLAN.— eligible entities to provide for the training plan of the chemical facility; ‘‘(1) DISAPPROVAL.—The Secretary shall and education of covered individuals with ‘‘(3) conducted so as not to affect the ac- disapprove a security vulnerability assess- roles or responsibilities described in para- tual security, physical integrity, safety, or ment or site security plan submitted under graph (1) and first responders and emergency regular operations of the chemical facility or this title if the Secretary determines, in his response providers that would respond to a its employees while the inspection is con- or her discretion, that— chemical facility terrorist incident. ducted; and ‘‘(A) the security vulnerability assessment ‘‘(B) ADMINISTRATION.—The Secretary shall ‘‘(4) conducted— or site security plan does not comply with seek to enter into an agreement with the Di- ‘‘(A) every two years in the case of a cov- the standards, protocols, or procedures under rector of the National Institute for Environ- ered chemical facility assigned to tier 1; and section 2103(a)(1)(A); or mental Health Sciences, or with the head of ‘‘(B) every four years in the case of a cov- ‘‘(B) in the case of a site security plan— another Federal or State agency, to make ered chemical facility assigned to tier 2. ‘‘(i) the plan or the implementation of the and administer grants or cooperative agree- ‘‘(d) CHEMICAL FACILITY INSPECTORS AU- plan is insufficient to address vulnerabilities ments under this paragraph. THORIZED.—During the period of fiscal years identified in a security vulnerability assess- ‘‘(C) USE OF FUNDS.—The recipient of funds 2011 and 2012, subject to the availability of ment, site inspection, or unannounced in- under this paragraph shall use such funds to appropriations for such purpose, the Sec- spection of the covered chemical facility; or provide for the training and education of retary shall increase by not fewer than 100 ‘‘(ii) the plan fails to meet all applicable covered individuals with roles or responsibil- the total number of chemical facility inspec- chemical facility security performance ities described in paragraph (1), first re- tors within the Department to ensure com- standards. sponders, and emergency response providers, pliance with this title. ‘‘(2) NOTIFICATION OF DISAPPROVAL.—If the including— ‘‘(e) CONFIDENTIAL COMMUNICATIONS.—The Secretary disapproves the security vulner- ‘‘(i) the annual mandatory training speci- Secretary shall offer non-supervisory em- ability assessment or site security plan sub- fied in paragraph (2); and ployees the opportunity to confidentially mitted by a covered chemical facility under ‘‘(ii) other appropriate training to protect communicate information relevant to the this title or the implementation of a site se- nearby persons, property, critical infrastruc- employer’s compliance or non-compliance curity plan by such a chemical facility, the

VerDate Nov 24 2008 06:36 Jan 30, 2010 Jkt 079060 PO 00000 Frm 00043 Fmt 7634 Sfmt 0634 E:\RECORD09\H06NO9.REC H06NO9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE H12502 CONGRESSIONAL RECORD — HOUSE November 6, 2009 Secretary shall provide the owner or oper- profit corporation, association, or any con- ‘‘(2) shall not be made available pursuant ator of the covered chemical facility a writ- tractor, subcontractor or agent thereof, may to any State, local, or tribal law requiring ten notification of the disapproval not later discharge any employee or otherwise dis- disclosure of information or records. than 14 days after the date on which the Sec- criminate against any employee with respect ‘‘(b) INFORMATION SHARING.— retary disapproves such assessment or plan, to the employee’s compensation, terms, con- ‘‘(1) IN GENERAL.—The Secretary shall pre- that— ditions, or other privileges of employment scribe such regulations, and may issue such ‘‘(A) includes a clear explanation of defi- because the employee (or any person acting orders, as necessary to prohibit the unau- ciencies in the assessment, plan, or imple- pursuant to a request of the employee)— thorized disclosure of protected information, mentation of the plan; and ‘‘(A) notified the Secretary, the owner or as described in subsection (g). ‘‘(B) requires the owner or operator of the operator of a covered chemical facility, or ‘‘(2) SHARING OF PROTECTED INFORMATION.— covered chemical facility to revise the as- the employee’s employer of an alleged viola- The regulations under paragraph (1) shall sessment or plan to address any deficiencies tion of this title, including notification of provide standards for and facilitate the ap- and, by such date as the Secretary deter- such an alleged violation through commu- propriate sharing of protected information mines is appropriate, to submit to the Sec- nications related to carrying out the em- with and between Federal, State, local, and retary the revised assessment or plan. ployee’s job duties; tribal authorities, emergency response pro- ‘‘(b) REMEDIES.— ‘‘(B) refused to participate in any conduct viders, law enforcement officials, designated ‘‘(1) ORDER FOR COMPLIANCE.—Whenever the that the employee reasonably believes is in supervisory and nonsupervisory covered Secretary determines that the owner or op- noncompliance with a requirement of this chemical facility personnel with security, erator of a covered chemical facility has vio- title, if the employee has identified the al- operational, or fiduciary responsibility for lated or is in violation of any requirement of leged noncompliance to the employer; the facility, and designated facility em- this title or has failed or is failing to address ‘‘(C) testified before or otherwise provided ployee representatives, if any. Such stand- any deficiencies in the assessment, plan, or information relevant for Congress or for any ards shall include procedures for the sharing implementation of the plan by such date as Federal or State proceeding regarding any of all portions of a covered chemical facili- the Secretary determines to be appropriate, provision (or proposed provision) of this ty’s vulnerability assessment and site secu- the Secretary may— title; rity plan relating to the roles and respon- ‘‘(A) after providing notice to the owner or ‘‘(D) commenced, caused to be commenced, sibilities of covered individuals under sec- operator of the covered chemical facility and or is about to commence or cause to be com- tion 2103(g)(1) with a representative of each an opportunity, pursuant to the regulations menced a proceeding under this title; certified or recognized bargaining agent rep- resenting such covered individuals, if any, issued under this title, for such owner or op- ‘‘(E) testified or is about to testify in any or, if none, with at least one supervisory and erator to seek review within the Department such proceeding; or at least one non-supervisory employee with of the Secretary’s determination, issue an ‘‘(F) assisted or participated or is about to roles or responsibilities under section order assessing an administrative penalty of assist or participate in any manner in such a 2103(g)(1). not more than $25,000 for each day on which proceeding or in any other manner in such a ‘‘(3) PENALTIES.—Protected information, as a past or current violation occurs or a fail- proceeding or in any other action to carry described in subsection (g), shall not be ure to comply continues, requiring compli- out the purposes of this title. shared except in accordance with the regula- ance immediately or within a specified time ‘‘(2) ENFORCEMENT ACTION.—Any employee tions under paragraph (1). Whoever discloses period, or both; or covered by this section who alleges discrimi- protected information in knowing violation ‘‘(B) in a civil action, obtain appropriate nation by an employer in violation of para- of the regulations and orders issued under equitable relief, a civil penalty of not more graph (1) may bring an action governed by paragraph (1) shall be fined under title 18, than $25,000 for each day on which a past or the rules and procedures, legal burdens of United States Code, imprisoned for not more current violation occurs or a failure to com- proof, and remedies applicable under sub- than one year, or both, and, in the case of a ply continues, or both. sections (d) through (h) of section 20109 of Federal officeholder or employee, shall be re- ‘‘(2) ORDER TO CEASE OPERATIONS.—When- title 49, United States Code. A party may moved from Federal office or employment. ever the Secretary determines that the seek district court review as set forth in sub- ‘‘(c) TREATMENT OF INFORMATION IN ADJU- owner or operator of a covered chemical fa- section (d)(3) of such section not later than DICATIVE PROCEEDINGS.—In any judicial or cility continues to be in noncompliance after 90 days after receiving a written final deter- administrative proceeding, protected infor- an order for compliance is issued under para- mination by the Secretary of Labor. mation described in subsection (g) shall be graph (1), the Secretary may issue an order ‘‘(3) PROHIBITED PERSONNEL PRACTICES AF- treated in a manner consistent with the to the owner or operator to cease operations FECTING THE DEPARTMENT.— treatment of sensitive security information at the facility until compliance is achieved ‘‘(A) IN GENERAL.—Notwithstanding any under section 525 of the Department of to the satisfaction of the Secretary. other provision of law, any individual hold- Homeland Security Appropriations Act, 2007 ‘‘(c) APPLICABILITY OF PENALTIES.—A pen- ing or applying for a position within the De- (Public Law 109–295; 120 Stat. 1381). alty under subsection (b)(1) may be awarded partment shall be covered by— ‘‘(d) OTHER OBLIGATIONS UNAFFECTED.—Ex- for any violation of this title, including a ‘‘(i) paragraphs (1), (8), and (9) of section cept as provided in section 2103(h), nothing violation of the whistleblower protections 2302(b) of title 5, United States Code; in this section affects any obligation of the under section 2108. ‘‘(ii) any provision of law implementing owner or operator of a chemical facility ‘‘SEC. 2108. WHISTLEBLOWER PROTECTIONS. any of such paragraphs by providing any under any other law to submit or make ‘‘(a) ESTABLISHMENT.—The Secretary shall right or remedy available to an employee or available information required by such other establish and provide information to the applicant for employment in the civil serv- law to facility employees, employee organi- public regarding a process by which any per- ice; and zations, or a Federal, State, tribal, or local son may submit a report to the Secretary re- ‘‘(iii) any rule or regulation prescribed government. ‘‘(e) SUBMISSION OF INFORMATION TO CON- garding problems, deficiencies, or under any such paragraph. GRESS.—Nothing in this title shall permit or vulnerabilities at a covered chemical facility ‘‘(B) RULE OF CONSTRUCTION.—Nothing in this paragraph shall be construed to affect authorize the withholding of information associated with the risk of a chemical facil- from Congress or any committee or sub- ity terrorist incident. any rights, apart from those referred to in subparagraph (A), to which an individual de- committee thereof. ‘‘(b) CONFIDENTIALITY.—The Secretary ‘‘(f) DISCLOSURE OF INDEPENDENTLY FUR- scribed in that subparagraph might other- shall keep confidential the identity of a per- NISHED INFORMATION.—Nothing in this title wise be entitled to under law. son that submits a report under subsection shall affect any authority or obligation of a (a) and any such report shall be treated as ‘‘SEC. 2109. FEDERAL PREEMPTION. Federal, State, local, or tribal government protected information under section 2110 to ‘‘This title does not preclude or deny any agency to protect or disclose any record or the extent that it does not consist of pub- right of any State or political subdivision information that the Federal, State, local, or licly available information. thereof to adopt or enforce any regulation, tribal government agency obtains from a ‘‘(c) ACKNOWLEDGMENT OF RECEIPT.—If a re- requirement, or standard of performance chemical facility under any other law. port submitted under subsection (a) identi- with respect to a covered chemical facility ‘‘(g) PROTECTED INFORMATION.— fies the person submitting the report, the that is more stringent than a regulation, re- ‘‘(1) IN GENERAL.—For purposes of this Secretary shall respond promptly to such quirement, or standard of performance title, protected information is any of the fol- person to acknowledge receipt of the report. issued under this title, or otherwise impair lowing: ‘‘(d) STEPS TO ADDRESS PROBLEMS.—The any right or jurisdiction of any State or po- ‘‘(A) Security vulnerability assessments Secretary shall review and consider the in- litical subdivision thereof with respect to and site security plans, including any assess- formation provided in any report submitted covered chemical facilities within that State ment required under section 2111. under subsection (a) and shall, as necessary, or political subdivision thereof. ‘‘(B) Portions of the following documents, take appropriate steps under this title to ad- ‘‘SEC. 2110. PROTECTION OF INFORMATION. records, orders, notices, or letters that the dress any problem, deficiency, or vulner- ‘‘(a) PROHIBITION OF PUBLIC DISCLOSURE OF Secretary determines would be detrimental ability identified in the report. PROTECTED INFORMATION.—Protected infor- to chemical facility security if disclosed and ‘‘(e) RETALIATION PROHIBITED.— mation, as described in subsection (g)— that are developed by the Secretary or the ‘‘(1) PROHIBITION.—No owner or operator of ‘‘(1) shall be exempt from disclosure under owner or operator of a covered chemical fa- a covered chemical facility, profit or not-for- section 552 of title 5, United States Code; and cility for the purposes of this title:

VerDate Nov 24 2008 06:36 Jan 30, 2010 Jkt 079060 PO 00000 Frm 00044 Fmt 7634 Sfmt 0634 E:\RECORD09\H06NO9.REC H06NO9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE November 6, 2009 CONGRESSIONAL RECORD — HOUSE H12503 ‘‘(i) Documents directly related to the Sec- release of a substance of concern at the cov- sulting with the owner or operator of the retary’s review and approval or disapproval ered chemical facility, shall implement covered chemical facility who submitted of vulnerability assessments and site secu- methods to reduce the consequences of a ter- such explanation, as well as experts in the rity plans under this title. rorist attack on the chemical facility if the subjects of environmental health and safety, ‘‘(ii) Documents directly related to inspec- Director of the Office of Chemical Facility security, chemistry, design and engineering, tions and audits under this title. Security determines, in his or her discretion, process controls and implementation, main- ‘‘(iii) Orders, notices, or letters regarding using the assessment conducted pursuant to tenance, production and operations, chem- the compliance of a covered chemical facil- subsection (a), that the implementation of ical process safety, and occupational health, ity with the requirements of this title. such methods at the facility— as appropriate, shall provide to the owner or ‘‘(iv) Information, documents, or records ‘‘(i) would significantly reduce the risk of operator a written determination, in his or required to be provided to or created by the death, injury, or serious adverse effects to her discretion, of whether implementation Secretary under subsection (b) or (c) of sec- human health resulting from a chemical fa- shall be required pursuant to paragraph (1). tion 2102. cility terrorist incident but— If the Secretary determines that implemen- ‘‘(v) Documents directly related to secu- ‘‘(I) would not increase the interim storage tation is required, the Secretary shall issue rity drills and training exercises, security of a substance of concern outside the facil- an order that establishes the basis for such threats and breaches of security, and main- ity; determination, including the findings of the tenance, calibration, and testing of security ‘‘(II) would not directly result in the cre- relevant experts, the specific methods se- equipment. ation of a new covered chemical facility as- lected for implementation, and a schedule ‘‘(C) Other information, documents, or signed to tier 1 or tier 2 because of the poten- for implementation of the methods at the fa- records developed exclusively for the pur- tial extent and likelihood of death, injury, cility. poses of this title that the Secretary has de- and serious adverse effects to human health, termined by regulation would, if disclosed, the environment, critical infrastructure, ‘‘(c) SECTORAL IMPACTS.— be detrimental to chemical facility security. public health, homeland security, national ‘‘(1) GUIDANCE FOR FARM SUPPLIES MER- ‘‘(2) EXCLUSIONS.—For purposes of this sec- security, and the national economy from a CHANT WHOLESALERS.—The Secretary shall tion, protected information does not in- release of a substance of concern at the cov- provide guidance and, as appropriate, tools, clude— ered chemical facility; methodologies or computer software, to as- ‘‘(A) information that is otherwise publicly ‘‘(III) would not result in the reassignment sist farm supplies merchant wholesalers in available, including information that is re- of an existing covered chemical facility from complying with the requirements of this sec- quired to be made publicly available under tier 3 or tier 4 to tier 1 or tier 2 because of tion. The Secretary may award grants to any law; the potential extent and likelihood of death, farm supplies merchant wholesalers to assist ‘‘(B) information that a chemical facility injury, and serious adverse effects to human with compliance with subsection (a), and in has lawfully disclosed other than in accord- health, the environment, critical infrastruc- awarding such grants, shall give priority to ance with this title; or ture, public health, homeland security, na- farm supplies merchant wholesalers that ‘‘(C) information that, if disclosed, would tional security, and the national economy have the greatest need for such grants. not be detrimental to the security of a chem- from a release of a substance of concern at ‘‘(2) ASSESSMENT OF IMPACTS OF COMPLI- ical facility, including aggregate regulatory the covered chemical facility; and ANCE.—Not later than 6 months after the data that the Secretary has determined by ‘‘(IV) would not significantly increase the date of the enactment of this title, the Sec- regulation to be appropriate to describe fa- potential extent and likelihood of death, in- retary shall transmit an assessment of the cility compliance with the requirements of jury, and serious adverse effects to human potential impacts of compliance with provi- this title and the Secretary’s implementa- health, the environment, critical infrastruc- sions of this section regarding the assess- tion of such requirements. ture, public health, homeland security, na- ment and, as appropriate, implementation, ‘‘SEC. 2111. METHODS TO REDUCE THE CON- tional security, and the national economy of methods to reduce the consequences of a SEQUENCES OF A TERRORIST AT- from a release of a substance of concern due terrorist attack by manufacturers, retailers, TACK. to a terrorist attack on the transportation aerial commercial applicators, and distribu- ‘‘(a) ASSESSMENT REQUIRED.— infrastructure of the United States; tors of pesticide and fertilizer to the Com- ‘‘(1) ASSESSMENT.—The owner or operator ‘‘(ii) can feasibly be incorporated into the mittee on Energy and Commerce of the of a covered chemical facility shall include operation of the covered chemical facility; House of Representatives, the Committee on in the site security plan conducted pursuant and Homeland Security of the House of Rep- to section 2103, an assessment of methods to ‘‘(iii) would not significantly and demon- reduce the consequences of a terrorist attack strably impair the ability of the owner or op- resentatives and the Committee on Home- on that chemical facility, including— erator of the covered chemical facility to land Security and Governmental Affairs of ‘‘(A) a description of the methods to reduce continue the business of the facility at its lo- the Senate. Such assessment shall be con- the consequences of a terrorist attack imple- cation. ducted by the Secretary in consultation with mented and considered for implementation ‘‘(B) WRITTEN DETERMINATION.—A deter- other appropriate Federal agencies and shall by the covered chemical facility; mination by the Director of the Office of include the following: ‘‘(B) the degree to which each method to Chemical Facility Security pursuant to sub- ‘‘(A) Data on the scope of facilities covered reduce the consequences of a terrorist at- paragraph (A) shall be made in writing and by this title, including the number and type tack, if already implemented, has reduced, include the basis and reasons for such deter- of manufacturers, retailers, aerial commer- or, if implemented, could reduce, the poten- mination, including the Director’s analysis cial applicators and distributors of pesticide tial extent of death, injury, or serious ad- of the covered chemical facility’s assessment and fertilizer required to assess methods to verse effects to human health resulting from of the technical feasibility, costs, avoided reduce the consequences of a terrorist attack a release of a substance of concern; costs (including liabilities), personnel impli- under subsection (a) and the number and ‘‘(C) the technical feasibility, costs, avoid- cations, savings, and applicability of imple- type of manufacturers, retailers, aerial com- ed costs (including liabilities), personnel im- menting each method to reduce the con- mercial applicators and distributors of pes- plications, savings, and applicability of im- sequences of a terrorist attack. ticide and fertilizer assigned to tier 1 or tier plementing each method to reduce the con- ‘‘(C) MARITIME FACILITIES.—With respect to 2 by the Secretary because of the poten- sequences of a terrorist attack; and a covered chemical facility for which a secu- tial extent and likelihood of death, injury, ‘‘(D) any other information that the owner rity plan is required under section 70103(c) of and serious adverse effects to human health, or operator of the covered chemical facility title 46, United States Code, a written deter- the environment, critical infrastructure, considered in conducting the assessment. mination pursuant to subparagraph (A) shall public health, homeland security, national ‘‘(2) FEASIBLE.—For the purposes of this be made only after consultation with the security, and the national economy from the section, the term ‘feasible’ means feasible Captain of the Port for the area in which the release of a substance of concern at the facil- with the use of best technology, techniques, covered chemical facility is located. ity. and other means that the Secretary finds, ‘‘(2) REVIEW OF INABILITY TO COMPLY.— ‘‘(B) A survey of known methods, processes after examination for efficacy under field ‘‘(A) IN GENERAL.—An owner or operator of or practices, other than elimination of or conditions and not solely under laboratory a covered chemical facility who is unable to cessation of manufacture of the pesticide or conditions, are available for use at the cov- comply with the Director’s determination fertilizer, that manufacturers, retailers, aer- ered chemical facility. under paragraph (1) shall, within 120 days of ial commercial applicators, and distributors ‘‘(b) IMPLEMENTATION.— receipt of the Director’s determination, pro- of pesticide and fertilizer could use to reduce ‘‘(1) IMPLEMENTATION.— vide to the Secretary a written explanation the consequences of a terrorist attack, in- ‘‘(A) IN GENERAL.—The owner or operator that includes the reasons therefor. Such cluding an assessment of the costs and tech- of a covered chemical facility that is as- written explanation shall specify whether nical feasibility of each such method, proc- signed to tier 1 or tier 2 because of the poten- the owner or operator’s inability to comply ess, or practice. tial extent and likelihood of death, injury, arises under clause (ii) or (iii) of paragraph ‘‘(C) An analysis of how the assessment of and serious adverse effects to human health, (1)(A), or both. methods to reduce the consequences of a the environment, critical infrastructure, ‘‘(B) REVIEW.—Not later than 120 days of terrorist attack under subsection (a) by public health, homeland security, national receipt of an explanation submitted under manufacturers, retailers, aerial commercial security, and the national economy from a subparagraph (A), the Secretary, after con- applicators, and distributors of pesticide and

VerDate Nov 24 2008 06:36 Jan 30, 2010 Jkt 079060 PO 00000 Frm 00045 Fmt 7634 Sfmt 0634 E:\RECORD09\H06NO9.REC H06NO9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE H12504 CONGRESSIONAL RECORD — HOUSE November 6, 2009 fertilizer, and, as appropriate, the imple- ‘‘(D) the costs and cost savings resulting site to any person where required or per- mentation of methods to reduce the con- from the use of such methods; mitted under any other law or regulation. sequences of a terrorist attack by such ‘‘(E) emerging technologies that could be ‘‘SEC. 2114. OFFICE OF CHEMICAL FACILITY SE- manufacturers, retailers, aerial commercial transferred from research models or proto- CURITY. applicators, and distributors of pesticide and types to practical applications; ‘‘(a) IN GENERAL.—There is established in fertilizer subject to subsection (b), are ‘‘(F) the availability of technical assist- the Department an Office of Chemical Facil- likely to impact other sectors engaged in ance and best practices; and ity Security, headed by a Director, who shall commerce. ‘‘(G) such other matters that the Secretary be a member of the Senior Executive Service ‘‘(D) Recommendations for how to mitigate determines are appropriate. in accordance with subchapter VI of chapter any adverse impacts identified pursuant to ‘‘(3) PUBLIC AVAILABILITY.—Information 53 of title 5, United States Code, under sec- subparagraph (C). made available under this subsection shall tion 5382 of that title, and who shall be re- ‘‘(3) FARM SUPPLIES MERCHANT WHOLE- not identify any specific chemical facility, sponsible for carrying out the responsibil- SALER.—In this subsection, the term ‘farm violate the protection of information provi- ities of the Secretary under this title. supplies merchant wholesaler’ means a cov- sions under section 2110, or disclose any pro- ‘‘(b) PROFESSIONAL QUALIFICATIONS.—The individual selected by the Secretary as the ered chemical facility that is primarily en- prietary information. gaged in the merchant wholesale distribu- ‘‘(f) FUNDING FOR METHODS TO REDUCE THE Director of the Office of Chemical Facility tion of farm supplies, such as animal feeds, CONSEQUENCES OF A TERRORIST ATTACK.—The Security shall have professional qualifica- fertilizers, agricultural chemicals, pes- Secretary may make funds available to help tions and experience necessary for effec- ticides, plant seeds, and plant bulbs. defray the cost of implementing methods to tively directing the Office of Chemical Facil- ‘‘(d) ASSESSMENT OF IMPACTS ON SMALL reduce the consequences of a terrorist attack ity Security and carrying out the require- COVERED CHEMICAL FACILITIES.— to covered chemical facilities that are re- ments of this title, including a demonstrated ‘‘(1) IN GENERAL.—Not later than 6 months quired by the Secretary to implement such knowledge of physical infrastructure protec- after the date of the enactment of this title, methods. tion, cybersecurity, chemical facility secu- rity, hazard analysis, chemical process engi- the Secretary shall transmit to the Com- ‘‘SEC. 2112. APPLICABILITY. neering, chemical process safety reviews, or mittee on Energy and Commerce of the ‘‘This title shall not apply to— other such qualifications that the Secretary House of Representatives, the Committee on ‘‘(1) any chemical facility that is owned determines to be necessary. Homeland Security of the House of Rep- and operated by the Secretary of Defense; resentatives, and the Committee on Home- ‘‘(c) SELECTION PROCESS.—The Secretary ‘‘(2) the transportation in commerce, in- shall make a reasonable effort to select an land Security and Governmental Affairs of cluding incidental storage, of any substance the Senate an assessment of the potential ef- individual to serve as the Director from of concern regulated as a hazardous material among a group of candidates that is diverse fects on small covered chemical facilities of under chapter 51 of title 49, United States with respect to race, ethnicity, age, gender, compliance with provisions of this section Code; and disability characteristics and submit to regarding the assessment and, as appro- ‘‘(3) all or a specified portion of any chem- the Committee on Homeland Security and priate, implementation, of methods to re- ical facility that— the Committee on Energy and Commerce of duce the consequences of a terrorist attack. ‘‘(A) is subject to regulation by the Nu- the House of Representatives and the Com- Such assessment shall include— clear Regulatory Commission (hereinafter in mittee on Homeland Security and Govern- ‘‘(A) data on the scope of facilities covered this paragraph referred to as the ‘Commis- mental Affairs of the Senate information on by this title, including the number and type sion’) or a State that has entered into an the selection process, including details on ef- of small covered chemical facilities that are agreement with the Commission under sec- forts to assure diversity among the can- required to assess methods to reduce the tion 274 b. of the Atomic Energy Act of 1954 didates considered for this position. consequences of a terrorist attack under sub- (42 U.S.C. 2021 b.); ‘‘SEC. 2115. SECURITY BACKGROUND CHECKS OF section (a) and the number and type of small ‘‘(B) has had security controls imposed by COVERED INDIVIDUALS AT CERTAIN covered chemical facilities assigned to tier 1 the Commission or State, whichever has the CHEMICAL FACILITIES. or tier 2 under section 2102(c)(1) by the Sec- regulatory authority, on the entire facility ‘‘(a) REGULATIONS ISSUED BY THE SEC- retary because of the potential extent and or the specified portion of the facility; and RETARY.— likelihood of death, injury, and serious ad- ‘‘(C) has been designated by the Commis- ‘‘(1) IN GENERAL.— verse effects to human health, the environ- sion, after consultation with the State, if ‘‘(A) REQUIREMENT.—The Secretary shall ment, critical infrastructure, public health, any, that regulates the facility, and the Sec- issue regulations to require covered chem- homeland security, national security, and retary, as excluded from the application of ical facilities to establish personnel surety the national economy from the release of a this title; for individuals described in subparagraph (B) substance of concern at the facility; and ‘‘(4) any public water system subject to the by conducting appropriate security back- ‘‘(B) a discussion of how the Secretary Safe Drinking Water Act (42 U.S.C. 300f et ground checks and ensuring appropriate cre- plans to apply the requirement that before seq.); or dentials for unescorted visitors and chemical requiring a small covered chemical facility ‘‘(5) any treatment works, as defined in facility personnel, including permanent and that is required to implement methods to re- section 212 of the Federal Water Pollution part-time personnel, temporary personnel, duce the consequences of a terrorist attack Control Act (33 U.S.C. 1292). and contract personnel, including— under subsection (b) the Secretary shall first ‘‘(i) measures designed to verify and vali- ‘‘SEC. 2113. SAVINGS CLAUSE. determine that the implementation of such date identity; ‘‘(a) IN GENERAL.—Nothing in this title methods at the small covered chemical facil- shall affect or modify in any way any obliga- ‘‘(ii) measures designed to check criminal ity not significantly and demonstrably im- tion or liability of any person under any history; pair the ability of the owner or operator of other Federal law, including section 112 of ‘‘(iii) measures designed to verify and vali- the covered chemical facility to continue the the Clean Air Act (42 U.S.C. 7412), the Fed- date legal authorization to work; and business of the facility at its location. eral Water Pollution Control Act (33 U.S.C. ‘‘(iv) measures designed to identify people ‘‘(2) DEFINITION.—For purposes of this sub- 1251 et seq.), the Resource Conservation and with terrorist ties. section, the term ‘small covered chemical fa- Recovery Act of 1976 (42 U.S.C. 6901 et seq.), ‘‘(B) INDIVIDUALS DESCRIBED.—For purposes cility’ means a covered chemical facility the National Environmental Policy Act of of subparagraph (A), an individual described that has fewer than 350 employees employed 1969 (42 U.S.C. 4321 et seq.), the Occupational in this subparagraph is— at the covered chemical facility, and is not a Safety and Health Act (29 U.S.C. 651 et seq.), ‘‘(i) a covered individual who has branch or subsidiary of another entity. the National Labor Relations Act (29 U.S.C. unescorted access to restricted areas or crit- ‘‘(e) PROVISION OF INFORMATION ON ALTER- 151 et seq.), the Emergency Planning and ical assets or who is provided with a copy of NATIVE APPROACHES.— Community Right to Know Act of 1996 (42 a security vulnerability assessment or site ‘‘(1) IN GENERAL.—The Secretary shall U.S.C. 11001 et seq.), the Safe Drinking Water security plan; make available information on the use and Act (42 U.S.C. 300f et seq.), the Maritime ‘‘(ii) a person associated with a covered availability of methods to reduce the con- Transportation Security Act of 2002 (Public chemical facility, including any designated sequences of a chemical facility terrorist in- Law 107–295), the Comprehensive Environ- employee representative, who is provided cident. mental Response, Compensation, and Liabil- with a copy of a security vulnerability as- ‘‘(2) INFORMATION TO BE INCLUDED.—The in- ity Act of 1980 (42 U.S.C. 9601 et seq.), the sessment or site security plan; or formation under paragraph (1) may include Toxic Substances Control Act (15 U.S.C. 2601 ‘‘(iii) a person who is determined by the information about— et seq.), and the Fair Credit Reporting Act Secretary to require a security background ‘‘(A) general and specific types of such (15 U.S.C. 1681 et seq.). check based on chemical facility security methods; ‘‘(b) OTHER REQUIREMENTS.—Nothing in performance standards. ‘‘(B) combinations of chemical sources, this title shall preclude or deny the right of ‘‘(2) REGULATIONS.—The regulations re- substances of concern, and hazardous proc- any State or political subdivision thereof to quired by paragraph (1) shall set forth— esses or conditions for which such methods adopt or enforce any regulation, require- ‘‘(A) the scope of the security background could be appropriate; ment, or standard of performance relating to checks, including the types of disqualifying ‘‘(C) the availability of specific methods to environmental protection, health, or safety. offenses and the time period covered for each reduce the consequences of a terrorist at- ‘‘(c) ACCESS.—Nothing in this title shall person subject to a security background tack; abridge or deny access to a chemical facility check under paragraph (1);

VerDate Nov 24 2008 06:36 Jan 30, 2010 Jkt 079060 PO 00000 Frm 00046 Fmt 7634 Sfmt 0634 E:\RECORD09\H06NO9.REC H06NO9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE November 6, 2009 CONGRESSIONAL RECORD — HOUSE H12505 ‘‘(B) the processes to conduct the security ment decision, including removal or suspen- collecting the information or conducting or background checks; sion of the employee, due to a violation of evaluating security background checks. ‘‘(C) the necessary biographical informa- subsection (a)(2)(E), which shall not preclude ‘‘(3) Such information shall be maintained tion and other data required in order to con- the exercise of any other rights available confidentially by the facility and the Sec- duct the security background checks; under collective bargaining agreements or retary and may be used only for making de- ‘‘(D) a redress process for an adversely-af- applicable laws; terminations under this section. fected person consistent with subsections (b) ‘‘(4) establish a reconsideration process de- ‘‘(4) The Secretary may share such infor- and (c); and scribed in subsection (d) for a person subject mation with other Federal, State, local, and ‘‘(E) a prohibition on an owner or operator to an adverse employment decision that was tribal law enforcement agencies. of a covered chemical facility misrepre- attributed by an owner or operator to the ‘‘(f) SAVINGS CLAUSE.— senting to an employee or other relevant regulations required by subsection (a)(1); ‘‘(1) RIGHTS AND RESPONSIBILITIES.—Noth- person, including an arbiter involved in a ‘‘(5) have the authority to order an appro- ing in this section shall be construed to labor arbitration, the scope, application, or priate remedy, including reinstatement of abridge any right or responsibility of a per- meaning of any rules, regulations, directives, the person subject to a security background son subject to a security background check or guidance issued by the Secretary related check under subsection (a)(1), if the Sec- under subsection (a)(1) or an owner or oper- to security background check requirements retary determines that the adverse employ- ator of a covered chemical facility under any for covered individuals when conducting a ment decision was made in violation of the other Federal, State, local, or tribal law or security background check. regulations required under subsection (a)(1) collective bargaining agreement. ‘‘(b) MISREPRESENTATION OF ADVERSE EM- or as a result of an erroneous determination ‘‘(2) EXISTING RIGHTS.—Nothing in this sec- PLOYMENT DECISIONS.—The regulations re- by the Secretary under subsection (b)(4); tion shall be construed as creating any new quired by subsection (a)(1) shall set forth ‘‘(6) ensure that the redress processes re- right or modifying any existing right of an that it shall be a misrepresentation under quired under paragraphs (1), (2), or (3) afford individual to appeal a determination by the subsection (a)(2)(E) to attribute an adverse to the person a full disclosure of any public- Secretary as a result of a check against a employment decision, including removal or record event covered by subsection (b) that terrorist watch list. suspension of the employee, to such regula- provides the basis for an adverse employ- ‘‘(g) PREEMPTION.—Nothing in this section tions unless the owner or operator finds, ment decision; and shall be construed to preempt, alter, or af- after opportunity for appropriate redress ‘‘(7) ensure that the person subject to a se- fect a Federal, State, local, or tribal law under the processes provided under sub- that requires criminal history background section (c)(1) and (c)(2), that the person sub- curity background check under subsection (a)(1) receives the person’s full wages and checks, checks on the authorization of an in- ject to such adverse employment decision— dividual to work in the United States, or ‘‘(1) has been convicted of, has been found benefits until all redress processes under this subsection are exhausted. other background checks of persons subject not guilty of by reason of insanity, or is to security background checks under sub- ‘‘(d) RECONSIDERATION PROCESS.— under want, warrant, or indictment for, a section (a)(1). ‘‘(1) IN GENERAL.—The reconsideration permanent disqualifying criminal offense ‘‘(h) DEFINITION OF SECURITY BACKGROUND process required under subsection (c)(4) listed in part 1572 of title 49, Code of Federal CHECK.—The term ‘security background shall— Regulations; check’ means a review at no cost to any per- ‘‘(2) was convicted of, or found not guilty ‘‘(A) require the Secretary to determine, son subject to a security background check of by reason of insanity, an interim disquali- within 30 days after receiving a petition sub- under subsection (a)(1) of the following for fying criminal offense listed in part 1572 of mitted by a person subject to an adverse em- the purpose of identifying individuals who title 49, Code of Federal Regulations, within ployment decision that was attributed by an may pose a threat to chemical facility secu- 7 years of the date on which the covered owner or operator to the regulations re- rity, to national security, or of terrorism: chemical facility performs the security quired by subsection (a)(1), whether such per- ‘‘(1) Relevant databases to verify and vali- background check; son poses a security risk to the covered date identity. ‘‘(3) was incarcerated for an interim dis- chemical facility; and ‘‘(2) Relevant criminal history databases. qualifying criminal offense listed in part 1572 ‘‘(B) include procedures consistent with ‘‘(3) In the case of an alien (as defined in of title 49, Code of Federal Regulations, and section 70105(c) of title 46, United States section 101 of the Immigration and Nation- released from incarceration within 5 years of Code, including all rights to hearings before ality Act (8 U.S.C. 1101(a)(3))), the relevant the date that the chemical facility performs an administrative law judge, scope of review, databases to determine the status of the the security background check; and a review of an unclassified summary of alien under the immigration laws of the ‘‘(4) is determined by the Secretary to be classified evidence equivalent to the sum- United States. on the consolidated terrorist watchlist; or mary provided in part 1515 of title 49, Code of ‘‘(4) The consolidated terrorist watchlist. ‘‘(5) is determined, as a result of the secu- Federal Regulations. ‘‘(5) Other relevant information or data- rity background check, not to be legally au- ‘‘(2) DETERMINATION BY THE SECRETARY.—In bases, as determined by the Secretary. thorized to work in the United States. making a determination described under ‘‘(i) DEPARTMENT-CONDUCTED SECURITY ‘‘(c) REDRESS PROCESSES.—Upon the paragraph (1)(A), the Secretary shall— BACKGROUND CHECK.—The regulations under issuance of regulations under subsection (a), ‘‘(A) give consideration to the cir- subsection (a)(1) shall set forth a process by the Secretary shall— cumstance of any disqualifying act or of- which the Secretary, on an ongoing basis, ‘‘(1) require the owner or operator to pro- fense, restitution made by the person, Fed- shall determine whether alternate security vide an adequate and prompt redress process eral and State mitigation remedies, and background checks conducted by the Depart- for a person subject to a security background other factors from which it may be con- ment are sufficient to meet the requirements check under subsection (a)(1) who is sub- cluded that the person does not pose a secu- of this section such that no additional secu- jected to an adverse employment decision, rity risk to the covered chemical facility; rity background check under this section is including removal or suspension of the em- and required for an individual for whom such a ployee, due to such regulations that is con- ‘‘(B) provide his or her determination as to qualifying alternate security background sistent with the appeals process established whether such person poses a security risk to check was conducted. The Secretary may re- for employees subject to consumer reports the covered chemical facility to the peti- quire the owner or operator of a covered under the Fair Credit Reporting Act (15 tioner and to the owner or operator of the chemical facility to which the individual U.S.C. 1681 et seq.), as in force on the date of covered chemical facility. will have unescorted access to sensitive or the enactment of this title; ‘‘(3) OWNER OR OPERATOR RECONSIDER- restricted areas to submit identifying infor- ‘‘(2) provide an adequate and prompt re- ATION.—If the Secretary determines pursuant mation about the individual and the alter- dress process for a person subject to a secu- to paragraph (1)(A) that the person does not nate security background check conducted rity background check under subsection pose a security risk to the covered chemical for that individual to the Secretary in order (a)(1) who is subjected to an adverse employ- facility, it shall thereafter constitute a pro- to enable the Secretary to verify the validity ment decision, including removal or suspen- hibited misrepresentation for the owner or of the alternate security background check. sion of the employee, due to a determination operator of the covered chemical facility to Such regulations shall provide that no secu- by the Secretary under subsection (b)(4), continue to attribute the adverse employ- rity background check under this section is that is consistent with the appeals process ment decision to the regulations under sub- required for an individual holding a trans- established under section 70105(c) of title 46, section (a)(1). portation security card issued under section United States Code, including all rights to ‘‘(e) RESTRICTIONS ON USE AND MAINTE- 70105 of title 46, United States Code. hearings before an administrative law judge, NANCE OF INFORMATION.—Information ob- ‘‘(j) TERMINATION OF EMPLOYMENT.—If, as scope of review, and a review of an unclassi- tained under this section by the Secretary or the result of a security background check, fied summary of classified evidence equiva- the owner or operator of a covered chemical an owner or operator of a covered chemical lent to the summary provided in part 1515 of facility shall be handled as follows: facility finds that a covered individual is not title 49, Code of Federal Regulations; ‘‘(1) Such information may not be made legally authorized to work in the United ‘‘(3) provide an adequate and prompt re- available to the public. States, the owner or operator shall cease to dress process for a person subject to a secu- ‘‘(2) Such information may not be accessed employ the covered individual, subject to the rity background check under subsection by employees of the facility except for such appropriate redress processes available to (a)(1) who is subjected to an adverse employ- employees who are directly involved with such individual under this section.

VerDate Nov 24 2008 06:36 Jan 30, 2010 Jkt 079060 PO 00000 Frm 00047 Fmt 7634 Sfmt 0634 E:\RECORD09\H06NO9.REC H06NO9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE H12506 CONGRESSIONAL RECORD — HOUSE November 6, 2009 ‘‘SEC. 2116. CITIZEN ENFORCEMENT. ‘‘(1) identifying any person (including the partment shall submit to the Committee on ‘‘(a) IN GENERAL.—Except as provided in United States and any other governmental Homeland Security and the Committee on subsection (c), any person may commence a instrumentality or agency, to the extent per- Energy and Commerce of the House of Rep- civil action on such person’s own behalf— mitted by the eleventh amendment to the resentatives and the Committee on Home- ‘‘(1) against any governmental entity (in- Constitution) alleged to be in violation of land Security and Governmental Affairs of cluding the United States and any other gov- any standard, regulation, condition, require- the Senate an annual report on the reports ernmental instrumentality or agency, to the ment, prohibition, plan, or order that has be- received under the notification system es- extent permitted by the eleventh amend- come effective under this title; and tablished under subsection (a) and the Sec- ment to the Constitution, and any federally ‘‘(2) describing the alleged violation of any retary’s disposition of such reports. owned-contractor operated facility) alleged standard, regulation, condition, require- ‘‘SEC. 2119. ANNUAL REPORT TO CONGRESS. to be in violation of any order that has be- ment, prohibition, plan, or order that has be- ‘‘(a) ANNUAL REPORT.—Not later than one come effective pursuant to this title; or come effective under this title by that per- year after the date of the enactment of this ‘‘(2) against the Secretary, for an alleged son. title, annually thereafter for the next four failure to perform any act or duty under this ‘‘(c) REQUIREMENTS.—Upon issuance of reg- years, and biennially thereafter, the Sec- title that is not discretionary for the Sec- ulations under subsection (a), the Secretary retary shall submit to the Committee on retary. shall— Homeland Security and the Committee on ‘‘(b) COURT OF JURISDICTION.— ‘‘(1) accept all petitions described under Energy and Commerce of the House of Rep- ‘‘(1) IN GENERAL.—Any action under sub- subsection (b) that meet the requirements of resentatives and the Committee on Home- section (a)(1) shall be brought in the district the regulations promulgated under sub- land Security and Governmental Affairs of court for the district in which the alleged section (a); the Senate a report on progress in achieving violation occurred. Any action brought ‘‘(2) investigate all allegations contained compliance with this title. Each such report under subsection (a)(2) may be brought in in accepted petitions; shall include the following: the district court for the district in which ‘‘(3) determine whether enforcement action ‘‘(1) A qualitative discussion of how cov- the alleged violation occurred or in the will be taken concerning the alleged viola- ered chemical facilities, differentiated by United States District Court for the District tion or violations; tier, have reduced the risks of chemical fa- of Columbia. ‘‘(4) respond to all accepted petitions cility terrorist incidents at such facilities, ‘‘(2) RELIEF.—The district court shall have promptly and in writing; including— jurisdiction, without regard to the amount ‘‘(5) include in all responses to petitions a ‘‘(A) a generalized summary of measures in controversy or the citizenship of the par- brief and concise statement, to the extent implemented by covered chemical facilities ties to enforce the order referred to in sub- permitted under section 2110, of the allega- in order to meet each risk-based chemical fa- section (a)(1), to order such governmental tions, the steps taken to investigate, the de- cility performance standard established by entity to take such action as may be nec- termination made, and the reasons for such this title, and those that the facilities al- essary, or both, or, in an action commenced determination; ready had in place— under subsection (a)(2), to order the Sec- ‘‘(6) maintain an internal record including ‘‘(i) in the case of the first report under retary to perform the non-discretionary act all protected information related to the de- this section, before the issuance of the final or duty, and to order any civil penalties, as termination; and rule implementing the regulations known as appropriate, under section 2107. ‘‘(7) with respect to any petition for which the ‘Chemical Facility Anti-Terrorism ‘‘(c) ACTIONS PROHIBITED.—No action may the Secretary has not made a timely re- Standards’, issued on April 9, 2007; and be commenced under subsection (a) prior to sponse or the Secretary’s response is unsatis- ‘‘(ii) in the case of each subsequent report, 60 days after the date on which the person factory to the petitioner, provide the peti- since the submittal of the most recent report commencing the action has given notice of tioner with the opportunity to request— submitted under this section; and the alleged violation to— ‘‘(A) a review of the full record by the In- ‘‘(B) any other generalized summary the ‘‘(1) the Secretary; and spector General of the Department, includ- Secretary deems appropriate to describe the ‘‘(2) in the case of an action under sub- ing a review of protected information; and measures covered chemical facilities are im- section (a)(1), any governmental entity al- ‘‘(B) the formulation of recommendations plementing to comply with the requirements leged to be in violation of an order. by the Inspector General and submittal of of this title. ‘‘(d) NOTICE.—Notice under this section such recommendations to the Secretary and, ‘‘(2) A quantitative summary of how the shall be given in such manner as the Sec- to the extent permitted under section 2110, covered chemical facilities, differentiated by retary shall prescribe by regulation. to the petitioner; and tier, are complying with the requirements of ‘‘(e) INTERVENTION.—In any action under ‘‘(8) respond to a recommendation sub- this title during the period covered by the this section, the Secretary, if not a party, mitted by the Inspector General under para- report and how the Secretary is imple- may intervene as a matter of right. graph (7) by adopting or rejecting the rec- menting and enforcing such requirements ‘‘(f) COSTS; BOND.—The court, in issuing during such period, including— any final order in any action brought pursu- ommendation. ‘‘SEC. 2118. NOTIFICATION SYSTEM TO ADDRESS ‘‘(A) the number of chemical facilities that ant to this section, may award costs of liti- provided the Secretary with information gation (including reasonable attorney and PUBLIC CONCERNS. about possessing substances of concern, as expert witness fees) to the prevailing or sub- ‘‘(a) ESTABLISHMENT.—The Secretary shall described in section 2102(b)(2); stantially prevailing party, whenever the establish a notification system, which shall ‘‘(B) the number of covered chemical facili- court determines such an award is appro- provide any individual the ability to report a ties assigned to each tier; priate. The court may, if a temporary re- suspected security deficiency or suspected straining order or preliminary injunction is non-compliance with this title. Such notifi- ‘‘(C) the number of security vulnerability sought, require the filing of a bond or equiv- cation system shall provide for the ability to assessments and site security plans sub- alent security in accordance with the Fed- report the suspected security deficiency or mitted by covered chemical facilities; eral Rules of Civil Procedure. non-compliance via telephonic and Internet- ‘‘(D) the number of security vulnerability ‘‘(g) OTHER RIGHTS PRESERVED.—Nothing based means. assessments and site security plans approved in this section shall restrict any right which ‘‘(b) ACKNOWLEDGMENT.—When the Sec- and disapproved by the Secretary; any person (or class of persons) may have retary receives a report through the notifica- ‘‘(E) the number of covered chemical facili- under any statute or common law. tion system established under subsection (a), ties without approved security vulnerability the Secretary shall respond to such report in ‘‘SEC. 2117. CITIZEN PETITIONS. assessments or site security plans; a timely manner, but in no case shall the ‘‘(a) REGULATIONS.—The Secretary shall ‘‘(F) the number of chemical facilities that Secretary respond to such a report later issue regulations to establish a citizen peti- have been assigned to a different tier or are than 30 days after receipt of the report. tion process for petitions described in sub- no longer regulated by the Secretary due to ‘‘(c) STEPS TO ADDRESS PROBLEMS.—The implementation of a method to reduce the section (b). Such regulations shall include— Secretary shall review each report received consequences of a terrorist attack and a de- ‘‘(1) the format for such petitions; through the notification system established scription of such implemented methods; ‘‘(2) the procedure for investigation of peti- under subsection (a) and shall, as necessary, ‘‘(G) the number of orders for compliance tions; take appropriate enforcement action under issued by the Secretary; ‘‘(3) the procedure for response to such pe- section 2107. titions, including timelines; and ‘‘(d) FEEDBACK REQUIRED.—Upon request, ‘‘(H) the administrative penalties assessed ‘‘(4) the procedure for referral to and re- the Secretary shall provide the individual by the Secretary for non-compliance with view by the Office of the Inspector General of who reported the suspected security defi- the requirements of this title; the Department without deference to the ciency or non-compliance through the notifi- ‘‘(I) the civil penalties assessed by the Secretary’s determination with respect to cation system established under subsection court for non-compliance with the require- the petition; and (a) a written response that includes the Sec- ments of this title; ‘‘(5) the procedure for rejection or accept- retary’s findings with respect to the report ‘‘(J) the number of terrorist watchlist ance by the Secretary of the recommenda- submitted by the individual and what, if any, checks conducted by the Secretary in order tion of the Office of the Inspector General. compliance action was taken in response to to comply with the requirements of this ‘‘(b) PETITIONS.—The regulations issued such report. title, the number of appeals conducted by pursuant to subsection (a) shall allow any ‘‘(e) INSPECTOR GENERAL REPORT RE- the Secretary pursuant to the processes de- person to file a petition with the Secretary— QUIRED.—The Inspector General of the De- scribed under paragraphs (2), (3) and (4) of

VerDate Nov 24 2008 06:36 Jan 30, 2010 Jkt 079060 PO 00000 Frm 00048 Fmt 7634 Sfmt 0634 E:\RECORD09\H06NO9.REC H06NO9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE November 6, 2009 CONGRESSIONAL RECORD — HOUSE H12507 section 2115(c), aggregate information re- Homeland Security Act of 2002, as added by TITLE II—DRINKING WATER SECURITY garding the time taken for such appeals, ag- subsection (a), by not later than 6 months SEC. 201. SHORT TITLE. gregate information regarding the manner in after the date of the enactment of this Act, This title may be cited as the ‘‘Drinking which such appeals were resolved, and, based and shall issue final rules to carry out such Water System Security Act of 2009’’. title by not later than 18 months after the on information provided to the Secretary an- SEC. 202. INTENTIONAL ACTS AFFECTING THE SE- nually by each owner or operator of a cov- date of the enactment of this Act. CURITY OF COVERED WATER SYS- ered chemical facility, the number of persons (2) CONSULTATION.—In developing and im- TEMS. subjected to adverse employment decisions plementing the rules required under para- (a) AMENDMENT OF SAFE DRINKING WATER that were attributed by the owner or oper- graph (1), the Secretary shall consult with ACT.—Section 1433 of the Safe Drinking ator to the regulations required by section the Administrator of the Environmental Water Act (42 U.S.C. 300i–2) is amended to 2115; and Protection Agency, and other persons, as ap- read as follows: ‘‘(K) any other regulatory data the Sec- propriate, regarding— ‘‘SEC. 1433. INTENTIONAL ACTS. (A) the designation of substances of con- retary deems appropriate to describe facility ‘‘(a) RISK-BASED PERFORMANCE STANDARDS; cern; compliance with the requirements of this VULNERABILITY ASSESSMENTS; SITE SECURITY (B) methods to reduce the consequences of title and the Secretary’s implementation of PLANS; EMERGENCY RESPONSE PLANS.— a terrorist attack; such requirements. ‘‘(1) IN GENERAL.—The Administrator shall (C) security at drinking water facilities ‘‘(b) PUBLIC AVAILABILITY.—A report sub- issue regulations— and wastewater treatment works; mitted under this section shall be made pub- ‘‘(A) establishing risk-based performance (D) the treatment of protected informa- licly available. standards for the security of covered water tion; and ‘‘SEC. 2120. AUTHORIZATION OF APPROPRIA- systems; and (E) such other matters as the Secretary de- TIONS. ‘‘(B) establishing requirements and dead- termines necessary. ‘‘There is authorized to be appropriated to lines for each covered water system— (3) SENSE OF CONGRESS REGARDING CFATS.— the Secretary of Homeland Security to carry ‘‘(i) to conduct a vulnerability assessment It is the sense of Congress that the Secretary out this title— or, if the system already has a vulnerability of Homeland Security was granted statutory ‘‘(1) $325,000,000 for fiscal year 2011, of assessment, to revise the assessment to be in which $100,000,000 shall be made available to authority under section 550 of the Depart- ment of Homeland Security Appropriations accordance with this section, and submit provide funding for methods to reduce the such assessment to the Administrator; consequences of a terrorist attack, of which Act (Public Law 109–295) to regulate security practices at chemical facilities until October ‘‘(ii) to update the vulnerability assess- up to $3,000,000 shall be made available for ment not less than every 5 years and prompt- grants authorized under section 2111(c)(1); 1, 2009. Pursuant to that section the Sec- retary prescribed regulations known as the ly after any change at the system that could ‘‘(2) $300,000,000 for fiscal year 2012, of cause the reassignment of the system to a which $75,000,000 shall be made available to Chemical Facility Anti-Terrorism Stand- ards, or ‘‘CFATS’’ (referred to in this section different risk-based tier under subsection (d); provide funding for methods to reduce the ‘‘(iii) to develop, implement, and, as appro- consequences of a terrorist attack, of which as ‘‘CFATS regulations’’). (4) INTERIM USE AND AMENDMENT OF priate, revise a site security plan not less up to $3,000,000 shall be made available for than every 5 years and promptly after a revi- grants authorized under section 2111(c)(1); CFATS.—Until the final rules prescribed pur- suant to paragraph (1) take effect, in car- sion to the vulnerability assessment and sub- and mit such plan to the Administrator; ‘‘(3) $275,000,000 for fiscal year 2013, of rying out title XXI of the Homeland Secu- rity Act of 2002, as added by subsection (a), ‘‘(iv) to develop an emergency response which $50,000,000 shall be made available to plan (or, if the system has already developed provide funding for methods to reduce the the Secretary may, to the extent the Sec- retary determines appropriate— an emergency response plan, to revise the consequences of a terrorist attack, of which plan to be in accordance with this section) up to $3,000,000 shall be made available for (A) continue to carry out the CFATS regu- lations, as in effect immediately before the and revise the plan not less than every 5 grants authorized under section 2111(c)(1).’’. years thereafter; and (b) CLERICAL AMENDMENT.—The table of date of the enactment of this title; (B) amend any of such regulations as may ‘‘(v) to provide annual training to employ- contents in section 1(b) of such Act is ees and contractor employees of covered amended by adding at the end the following: be necessary to ensure that such regulations are consistent with the requirements of this water systems on implementing site security ‘‘TITLE XXI—REGULATION OF SECURITY title and the amendments made by this title; plans and emergency response plans. PRACTICES AT CHEMICAL FACILITIES and ‘‘(2) COVERED WATER SYSTEMS.—For pur- ‘‘Sec. 2101. Definitions. (C) continue using any tools developed for poses of this section, the term ‘covered water ‘‘Sec. 2102. Risk-based designation and rank- purposes of such regulations, including the system’ means a public water system that— ing of chemical facilities. list of substances of concern, usually re- ‘‘(A) is a community water system serving ‘‘Sec. 2103. Security vulnerability assess- ferred to as ‘‘Appendix A’’, and the chemical a population greater than 3,300; or ments and site security plans. security assessment tool (which includes fa- ‘‘(B) in the discretion of the Adminis- ‘‘Sec. 2104. Site inspections. cility registration, a top-screen question- trator, presents a security risk making regu- ‘‘Sec. 2105. Records. naire, a security vulnerability assessment lation under this section appropriate. ‘‘Sec. 2106. Timely sharing of threat infor- tool, a site security plan template, and a ‘‘(3) CONSULTATION WITH STATE AUTHORI- mation. chemical vulnerability information reposi- TIES.—In developing and carrying out the ‘‘Sec. 2107. Enforcement. tory). regulations under paragraph (1), the Admin- ‘‘Sec. 2108. Whistleblower protections. istrator shall consult with States exercising ‘‘Sec. 2109. Federal preemption. (5) UPDATE OF FACILITY PLANS ASSESSMENTS AND PLANS PREPARED UNDER CFATS.—The primary enforcement responsibility for pub- ‘‘Sec. 2110. Protection of information. lic water systems. ‘‘Sec. 2111. Methods to reduce the con- owner or operator of a covered chemical fa- ‘‘(4) CONSULTATION WITH OTHER PERSONS.— sequences of a terrorist attack. cility, who, before the effective date of the In developing and carrying out the regula- ‘‘Sec. 2112. Applicability. final regulations issued under title XXI of tions under paragraph (1), the Administrator ‘‘Sec. 2113. Savings clause. the Homeland Security Act of 2002, as added ‘‘Sec. 2114. Office of Chemical Facility Secu- by subsection (a), submits a security vulner- shall consult with the Secretary of Home- rity. ability assessment or site security plan land Security, and, as appropriate, other per- ‘‘Sec. 2115. Security background checks of under the CFATS regulations, shall be re- sons regarding— covered individuals at certain quired to update or amend the facility’s se- ‘‘(A) provision of threat-related and other chemical facilities. curity vulnerability assessment and site se- baseline information to covered water sys- ‘‘Sec. 2116. Citizen enforcement. curity plan to reflect any additional require- tems; ‘‘Sec. 2117. Citizen petitions. ments of this title or the amendments made ‘‘(B) designation of substances of concern; ‘‘Sec. 2118. Notification system to address by this title, according to a timeline estab- ‘‘(C) development of risk-based perform- public concerns. lished by the Secretary. ance standards; ‘‘Sec. 2119. Annual report to Congress. (e) REVIEW OF DESIGNATION OF SODIUM ‘‘(D) establishment of risk-based tiers and ‘‘Sec. 2120. Authorization of appropria- FLUOROACETATE AS A SUBSTANCE OF CON- process for the assignment of covered water tions.’’. CERN.—The Secretary of Homeland Security systems to risk-based tiers; (c) CONFORMING REPEAL.— shall review the designation of sodium ‘‘(E) process for the development and eval- (1) REPEAL.—The Department of Homeland fluoroacetate as a substance of concern pur- uation of vulnerability assessments, site se- Security Appropriations Act, 2007 (Public suant to subsection (d) of section 2102 of the curity plans, and emergency response plans; Law 109–295) is amended by striking section Homeland Security Act of 2002, as added by ‘‘(F) treatment of protected information; 550. subsection (a), by the earlier of the following and (2) EFFECTIVE DATE.—The amendment dates: ‘‘(G) such other matters as the Adminis- made by paragraph (1) shall take effect on (1) The date of the first periodic review trator determines necessary. the date of the enactment of this title. conducted pursuant to such subsection after ‘‘(5) SUBSTANCES OF CONCERN.—For pur- (d) REGULATIONS.— the date of the enactment of this title. poses of this section, the Administrator, in (1) DEADLINE.—The Secretary shall issue (2) The date that is one year after the date consultation with the Secretary of Homeland proposed rules to carry out title XXI of the of the enactment of this title. Security—

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‘‘(A) may designate any chemical sub- ‘‘(B) FACTORS TO CONSIDER.—The Adminis- ‘‘(B) the modification of pressures, tem- stance as a substance of concern; trator shall assign (and reassign when appro- peratures, or concentrations of a substance ‘‘(B) at the time any substance is des- priate) each covered water system to one of of concern; and ignated pursuant to subparagraph (A), shall the risk-based tiers established pursuant to ‘‘(C) the reduction or elimination of onsite establish by rule a threshold quantity for the this subsection. In assigning a covered water handling of a substance of concern through release or theft of the substance, taking into system to a risk-based tier, the Adminis- improvement of inventory control or chem- account the toxicity, reactivity, volatility, trator shall consider the potential con- ical use efficiency. dispersability, combustibility, and flamma- sequences (such as death, injury, or serious ‘‘(2) ASSESSMENT.—For each covered water bility of the substance and the amount of the adverse effects to human health, the envi- system that possesses or plans to possess a substance that, as a result of a release, is ronment, critical infrastructure, national se- substance of concern in excess of the release known to cause or may be reasonably antici- curity, and the national economy) from— threshold quantity set by the Administrator pated to cause death, injury, or serious ad- ‘‘(i) an intentional act to cause a release, under subsection (a)(5), the regulations verse effects to human health or the environ- including a worst-case release, of a substance under subsection (a)(1) shall require the cov- ment; and of concern at the covered water system; ered water system to include in its site secu- ‘‘(C) in making such a designation, shall ‘‘(ii) an intentional act to introduce a con- rity plan an assessment of methods to reduce take into account appendix A to part 27 of taminant into the drinking water supply or the consequences of a chemical release from title 6, Code of Federal Regulations (or any disrupt the safe and reliable supply of drink- an intentional act at the covered water sys- successor regulations). ing water; and tem. The covered water system shall provide ‘‘(6) BASELINE INFORMATION.—The Adminis- ‘‘(iii) an intentional act to steal, misappro- such assessment to the Administrator and trator, after consultation with appropriate priate, or misuse substances of concern. the State exercising primary enforcement departments and agencies of the Federal ‘‘(2) EXPLANATION FOR RISK-BASED TIER AS- responsibility for the covered water system, Government and with State, local, and tribal SIGNMENT.—The Administrator shall provide if any. The regulations under subsection governments, shall, for purposes of facili- each covered water system assigned to a (a)(1) shall require the system, in preparing tating compliance with the requirements of risk-based tier with the reasons for the tier the assessment, to consider factors appro- this section, promptly after the effective assignment and whether such system is re- priate to the system’s security, public date of the regulations under subsection quired to submit an assessment under sub- health, or environmental mission, and in- (a)(1) and as appropriate thereafter, provide section (g)(2). clude— baseline information to covered water sys- ‘‘(e) DEVELOPMENT AND IMPLEMENTATION OF ‘‘(A) a description of the methods to reduce tems regarding which kinds of intentional SITE SECURITY PLANS.—The regulations the consequences of a chemical release from acts are the probable threats to— under subsection (a)(1) shall permit each an intentional act; ‘‘(A) substantially disrupt the ability of covered water system, in developing and im- ‘‘(B) how each described method to reduce the system to provide a safe and reliable sup- plementing its site security plan required by ply of drinking water; the consequences of a chemical release from this section, to select layered security and ‘‘(B) cause the release of a substance of an intentional act could, if applied, reduce preparedness measures that, in combination, concern at the covered water system; or the potential extent of death, injury, or seri- appropriately— ‘‘(C) cause the theft, misuse, or misappro- ous adverse effects to human health result- ‘‘(1) address the security risks identified in priation of a substance of concern. ing from a chemical release; its vulnerability assessment; and ‘‘(b) RISK-BASED PERFORMANCE STAND- ‘‘(C) how each described method to reduce ‘‘(2) comply with the applicable risk-based ARDS.—The regulations under subsection the consequences of a chemical release from (a)(1) shall set forth risk-based performance performance standards required under this an intentional act could, if applied, affect standards for site security plans required by section. the presence of contaminants in treated this section. The standards shall be separate ‘‘(f) ROLE OF EMPLOYEES.— water, human health, or the environment; and, as appropriate, increasingly stringent ‘‘(1) DESCRIPTION OF ROLE.—Site security ‘‘(D) whether each described method to re- based on the level of risk associated with the plans and emergency response plans required duce the consequences of a chemical release covered water system’s risk-based tier as- under this section shall describe the appro- from an intentional act at the covered water signment under subsection (d). In developing priate roles or responsibilities that employ- system is feasible, as defined in section such standards, the Administrator shall take ees and contractor employees are expected 1412(b)(4)(D), but not including cost calcula- into account section 27.230 of title 6, Code of to perform to deter or respond to the inten- tions under subparagraph (E); Federal Regulations (or any successor regu- tional acts described in subsection (d)(1)(B). ‘‘(E) the costs (including capital and oper- lations). ‘‘(2) TRAINING FOR EMPLOYEES.—Each cov- ational costs) and avoided costs (including ‘‘(c) VULNERABILITY ASSESSMENT.—The reg- ered water system shall annually provide savings and liabilities) associated with ap- ulations under subsection (a)(1) shall require employees and contractor employees with plying each described method to reduce the each covered water system to assess the sys- roles or responsibilities described in para- consequences of a chemical release from an tem’s vulnerability to a range of intentional graph (1) with a minimum of 8 hours of train- intentional act at the covered water system; acts, including an intentional act that re- ing on carrying out those roles or respon- ‘‘(F) any other relevant information that sults in a release of a substance of concern sibilities. the covered water system relied on in con- that is known to cause or may be reasonably ‘‘(3) EMPLOYEE PARTICIPATION.—In devel- ducting the assessment; and anticipated to cause death, injury, or serious oping, revising, or updating a vulnerability ‘‘(G) a statement of whether the covered adverse effects to human health or the envi- assessment, site security plan, and emer- water system has implemented or plans to ronment. At a minimum, the vulnerability gency response plan required under this sec- implement one or more methods to reduce assessment shall include a review of— tion, a covered water system shall include— the consequences of a chemical release from ‘‘(1) pipes and constructed conveyances; ‘‘(A) at least one supervisory and at least an intentional act, a description of any such ‘‘(2) physical barriers; one non-supervisory employee of the covered methods, and, in the case of a covered water ‘‘(3) water collection, pretreatment, treat- water system; and system described in paragraph (3)(A), an ex- ment, storage, and distribution facilities, in- ‘‘(B) at least one representative of each cluding fire hydrants; planation of the reasons for any decision not certified or recognized bargaining agent rep- ‘‘(4) electronic, computer, and other auto- to implement any such methods. resenting facility employees or contractor mated systems that are used by the covered ‘‘(3) REQUIRED METHODS.— employees with roles or responsibilities de- water system; ‘‘(A) APPLICATION.—This paragraph applies scribed in paragraph (1), if any, in a collec- ‘‘(5) the use, storage, or handling of various to a covered water system— tive bargaining relationship with the private chemicals, including substances of concern; ‘‘(i) that is assigned to one of the two high- or public owner or operator of the system or ‘‘(6) the operation and maintenance of the est risk-based tiers under subsection (d); and with a contractor to that system. covered water system; and ‘‘(ii) that possesses or plans to possess a ‘‘(7) the covered water system’s resiliency ‘‘(g) METHODS TO REDUCE THE CON- substance of concern in excess of the release and ability to ensure continuity of oper- SEQUENCES OF A CHEMICAL RELEASE FROM AN threshold quantity set by the Administrator ations in the event of a disruption caused by INTENTIONAL ACT.— under subsection (a)(5). an intentional act. ‘‘(1) DEFINITION.—In this section, the term ‘‘(B) HIGHEST-RISK SYSTEMS.—If, on the ‘‘(d) RISK-BASED TIERS.—The regulations ‘method to reduce the consequences of a basis of its assessment under paragraph (2), a under subsection (a)(1) shall provide for 4 chemical release from an intentional act’ covered water system described in subpara- risk-based tiers applicable to covered water means a measure at a covered water system graph (A) decides not to implement methods systems, with tier one representing the high- that reduces or eliminates the potential con- to reduce the consequences of a chemical re- est degree of security risk. sequences of a release of a substance of con- lease from an intentional act, the State exer- ‘‘(1) ASSIGNMENT OF RISK-BASED TIERS.— cern from an intentional act such as— cising primary enforcement responsibility ‘‘(A) SUBMISSION OF INFORMATION.—The Ad- ‘‘(A) the elimination or reduction in the for the covered water system, if the system ministrator may require a covered water sys- amount of a substance of concern possessed is located in such a State, or the Adminis- tem to submit information in order to deter- or planned to be possessed by a covered trator, if the covered water system is not lo- mine the appropriate risk-based tier for the water system through the use of alternate cated in such a State, shall, in accordance covered water system. substances, formulations, or processes; with a timeline set by the Administrator—

VerDate Nov 24 2008 06:36 Jan 30, 2010 Jkt 079060 PO 00000 Frm 00050 Fmt 7634 Sfmt 0634 E:\RECORD09\H06NO9.REC H06NO9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE November 6, 2009 CONGRESSIONAL RECORD — HOUSE H12509 ‘‘(i) determine whether to require the cov- ment methods to reduce the consequences of responsibility for such system, if any, deter- ered water system to implement the meth- an intentional act pursuant to paragraph (3). mines that— ods; and ‘‘(5) ENFORCEMENT.— ‘‘(A) such assessment does not comply with ‘‘(ii) for States exercising primary enforce- ‘‘(A) FAILURE BY STATE TO MAKE DETER- the regulations established under section ment responsibility, report such determina- MINATION.—Whenever the Administrator (a)(1); or tion to the Administrator. finds that a State exercising primary en- ‘‘(B) such plan— ‘‘(C) STATE OR ADMINISTRATOR’S CONSIDER- forcement responsibility for a covered water ‘‘(i) fails to address vulnerabilities identi- ATIONS.—Before requiring, pursuant to sub- system has failed to determine whether to fied in a vulnerability assessment; or paragraph (B), the implementation of a require the covered water system to imple- ‘‘(ii) fails to meet applicable risk-based method to reduce the consequences of a ment methods to reduce the consequences of performance standards. chemical release from an intentional act, the a chemical release from an intentional act, ‘‘(3) STATE, REGIONAL, OR LOCAL GOVERN- State exercising primary enforcement re- as required by paragraph (3)(B), the Adminis- MENTAL ENTITIES.—No covered water system sponsibility for the covered water system, if trator shall so notify the State and covered shall be required under State, local, or tribal the system is located in such a State, or the water system. If, beyond the thirtieth day law to provide a vulnerability assessment or Administrator, if the covered water system after the Administrator’s notification under site security plan described in this section to is not located in such a State, shall consider the preceding sentence, the State has failed any State, regional, local, or tribal govern- factors appropriate to the security, public to make the determination described in such mental entity solely by reason of the re- health, and environmental missions of cov- sentence, the Administrator shall so notify quirement set forth in paragraph (1) that the ered water systems, including an examina- the State and covered water system and system submit such an assessment and plan tion of whether the method— shall determine whether to require the cov- to the Administrator. ‘‘(i) would significantly reduce the risk of ered water system to implement methods to death, injury, or serious adverse effects to reduce the consequences of a chemical re- ‘‘(i) EMERGENCY RESPONSE PLAN.— human health resulting directly from a lease from an intentional act based on the ‘‘(1) IN GENERAL.—Each covered water sys- chemical release from an intentional act at factors described in paragraph (3)(C). tem shall prepare or revise, as appropriate, the covered water system; ‘‘(B) FAILURE BY STATE TO BRING ENFORCE- an emergency response plan that incor- ‘‘(ii) would not increase the interim stor- MENT ACTION.—If the Administrator finds, porates the results of the system’s most cur- age of a substance of concern by the covered with respect to a period in which a State has rent vulnerability assessment and site secu- water system; primary enforcement responsibility for a rity plan. ‘‘(iii) would not render the covered water covered water system, that the system has ‘‘(2) CERTIFICATION.—Each covered water system unable to comply with other require- failed to implement methods to reduce the system shall certify to the Administrator ments of this Act or drinking water stand- consequences of a chemical release from an that the system has completed an emergency ards established by the State or political intentional act (as required by the State or response plan. The system shall submit such subdivision in which the system is located; the Administrator under paragraph (3)(B) or certification to the Administrator not later and the Administrator under subparagraph (A)), than 6 months after the system’s first com- ‘‘(iv) is feasible, as defined in section the Administrator shall so notify the State pletion or revision of a vulnerability assess- 1412(b)(4)(D), to be incorporated into the op- and the covered water system. If, beyond the ment under this section and shall submit an eration of the covered water system. thirtieth day after the Administrator’s noti- additional certification following any update ‘‘(D) APPEAL.—Before requiring, pursuant fication under the preceding sentence, the of the emergency response plan. to subparagraph (B), the implementation of a State has not commenced appropriate en- ‘‘(3) CONTENTS.—A covered water system’s method to reduce the consequences of a forcement action, the Administrator shall so emergency response plan shall include— chemical release from an intentional act, the notify the State and may commence an en- ‘‘(A) plans, procedures, and identification State exercising primary enforcement re- forcement action against the system, includ- of equipment that can be implemented or sponsibility for the covered water system, if ing by seeking or imposing civil penalties used in the event of an intentional act at the the system is located in such a State, or the under subsection (o), to require implementa- covered water system; and Administrator, if the covered water system tion of such methods. ‘‘(B) actions, procedures, and identification is not located in such a State, shall provide ‘‘(C) CONSIDERATION OF CONTINUED PRIMARY of equipment that can obviate or signifi- such covered water system an opportunity to ENFORCEMENT RESPONSIBILITY.—For a State cantly lessen the impact of intentional acts appeal the determination to require such im- with primary enforcement responsibility for on public health and the safety and supply of plementation made pursuant to subpara- a covered water system, the Administrator drinking water provided to communities and graph (B) by such State or the Adminis- may consider the failure of such State to individuals. trator. make a determination as described under ‘‘(4) COORDINATION.—As part of its emer- ‘‘(4) INCOMPLETE OR LATE ASSESSMENTS.— subparagraph (A) or to bring enforcement ac- gency response plan, each covered water sys- ‘‘(A) INCOMPLETE ASSESSMENTS.—If the Ad- tion as described under subparagraph (B) tem shall provide appropriate information to ministrator finds that the covered water sys- when determining whether a State may re- any local emergency planning committee, tem, in conducting its assessment under tain primary enforcement responsibility local law enforcement officials, and local paragraph (2), did not meet the requirements under this Act. emergency response providers to ensure an of paragraph (2) and the applicable regula- ‘‘(6) GUIDANCE FOR COVERED WATER SYSTEMS effective, collective response. tions, the Administrator shall, after noti- ASSIGNED TO TIER 3 AND TIER 4.—For covered ‘‘(j) MAINTENANCE OF RECORDS.—Each cov- fying the covered water system and the water systems required to conduct an assess- ered water system shall maintain an updated State exercising primary enforcement re- ment under paragraph (2) and assigned by copy of its vulnerability assessment, site se- sponsibility for that system, if any, require the Administrator to tier 3 or tier 4 under curity plan, and emergency response plan. the covered water system to submit a revised subsection (d), the Administrator shall issue assessment not later than 60 days after the guidance and, as appropriate, provide or rec- ‘‘(k) AUDIT; INSPECTION.— Administrator notifies such system. The Ad- ommend tools, methodologies, or computer ‘‘(1) IN GENERAL.—Notwithstanding section ministrator may require such additional re- software, to assist such covered water sys- 1445(b)(2), the Administrator, or duly des- visions as are necessary to ensure that the tems in complying with the requirements of ignated representatives of the Adminis- system meets the requirements of paragraph this section. trator, shall audit and inspect covered water (2) and the applicable regulations. ‘‘(h) REVIEW BY ADMINISTRATOR.— systems, as necessary, for purposes of deter- ‘‘(B) LATE ASSESSMENTS.—If the Adminis- ‘‘(1) IN GENERAL.—The regulations under mining compliance with this section. trator finds that a covered water system, in subsection (a)(1) shall require each covered ‘‘(2) ACCESS.—In conducting an audit or in- conducting its assessment pursuant to para- water system to submit its vulnerability as- spection of a covered water system, the Ad- graph (2), did not complete such assessment sessment and site security plan to the Ad- ministrator or duly designated representa- in accordance with the deadline set by the ministrator for review according to dead- tives of the Administrator, as appropriate, Administrator, the Administrator may, after lines set by the Administrator. The Adminis- shall have access to the owners, operators, notifying the covered water system and the trator shall review each vulnerability assess- employees and contractor employees, and State exercising primary enforcement re- ment and site security plan submitted under employee representatives, if any, of such sponsibility for that system, if any, take ap- this section and— covered water system. propriate enforcement action under sub- ‘‘(A) if the assessment or plan has any sig- ‘‘(3) CONFIDENTIAL COMMUNICATION OF IN- section (o). nificant deficiency described in paragraph FORMATION; AIDING INSPECTIONS.—The Admin- ‘‘(C) REVIEW.—The State exercising pri- (2), require the covered water system to cor- istrator, or a duly designated representative mary enforcement responsibility for the cov- rect the deficiency; or of the Administrator, shall offer non-super- ered water system, if the system is located ‘‘(B) approve such assessment or plan. visory employees of a covered water system in such a State, or the Administrator, if the ‘‘(2) SIGNIFICANT DEFICIENCIES.—A vulner- the opportunity confidentially to commu- system is not located in such a State, shall ability assessment or site security plan of a nicate information relevant to the employ- review a revised assessment that meets the covered water system has a significant defi- er’s compliance or noncompliance with this requirements of paragraph (2) and applicable ciency under this subsection if the Adminis- section, including compliance or noncompli- regulations to determine whether the cov- trator, in consultation, as appropriate, with ance with any regulation or requirement ered water system will be required to imple- the State exercising primary enforcement adopted by the Administrator in furtherance

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A representa- tion amends or affects any authority or obli- part of its site security plan by such date as tive of each certified or recognized bar- gation of a Federal, State, local, or tribal the Administrator requires, shall be liable gaining agent described in subsection agency to protect or disclose any record or for a civil penalty of not more than $25,000 (f)(3)(B), if any, or, if none, a non-supervisory information that the Federal, State, local, or for each day on which the violation occurs. employee, shall be given an opportunity to tribal agency obtains from a covered water ‘‘(2) PROCEDURE.—When the Administrator accompany the Administrator, or the duly system or the Administrator under any determines that a covered water system is designated representative of the Adminis- other law. subject to a civil penalty under paragraph trator, during the physical inspection of any ‘‘(7) PROTECTED INFORMATION.— (1), the Administrator, after consultation covered water system for the purpose of aid- ‘‘(A) IN GENERAL.—For purposes of this sec- with the State, for covered water systems lo- ing such inspection, if representatives of the tion, protected information is any of the fol- cated in a State exercising primary responsi- covered water system will also be accom- lowing: bility for the covered water system, and, panying the Administrator or the duly des- ‘‘(i) Vulnerability assessments and site se- after considering the severity of the viola- ignated representative of the Administrator curity plans under this section, including tion or deficiency and the record of the cov- on such inspection. any assessment developed pursuant to sub- ered water system in carrying out the re- ‘‘(l) PROTECTION OF INFORMATION.— section (g)(2). quirements of this section, may— ‘‘(1) PROHIBITION OF PUBLIC DISCLOSURE OF ‘‘(ii) Documents directly related to the Ad- ‘‘(A) after notice and an opportunity for PROTECTED INFORMATION.—Protected infor- ministrator’s review of assessments and the covered water system to be heard, issue mation shall— plans described in clause (i) and, as applica- an order assessing a penalty under such ‘‘(A) be exempt from disclosure under sec- ble, the State’s review of an assessment pre- paragraph for any past or current violation, tion 552 of title 5, United States Code; and pared under subsection (g)(2). requiring compliance immediately or within ‘‘(B) not be made available pursuant to any ‘‘(iii) Documents directly related to inspec- a specified time period; or State, local, or tribal law requiring disclo- tions and audits under this section. ‘‘(B) commence a civil action in the United sure of information or records. ‘‘(iv) Orders, notices, or letters regarding States district court in the district in which ‘‘(2) INFORMATION SHARING.— the compliance of a covered water system the violation occurred for appropriate relief, ‘‘(A) IN GENERAL.—The Administrator shall with the requirements of this section. including temporary or permanent injunc- prescribe such regulations, and may issue ‘‘(v) Information, documents, or records re- tion. such orders, as necessary to prohibit the un- quired to be provided to or created by, the ‘‘(3) METHODS TO REDUCE THE CONSEQUENCES authorized disclosure of protected informa- Administrator under subsection (d). OF A CHEMICAL RELEASE FROM AN INTENTIONAL tion, as described in paragraph (7). ‘‘(vi) Documents directly related to secu- ACT.—Except as provided in subsections (g)(4) ‘‘(B) SHARING OF PROTECTED INFORMATION.— rity drills and training exercises, security and (g)(5), if a covered water system is lo- The regulations under subparagraph (A) threats and breaches of security, and main- cated in a State exercising primary enforce- shall provide standards for and facilitate the tenance, calibration, and testing of security ment responsibility for the system, the Ad- appropriate sharing of protected information equipment. ministrator may not issue an order or com- with and between Federal, State, local, and ‘‘(vii) Other information, documents, and mence a civil action under this section for tribal authorities, first responders, law en- records developed exclusively for the pur- any deficiency in the content or implemen- forcement officials, designated supervisory poses of this section that the Administrator tation of the portion of the system’s site se- and non-supervisory covered water system determines would be detrimental to the secu- curity plan relating to methods to reduce personnel with security, operational, or fidu- rity of one or more covered water systems if the consequences of a chemical release from ciary responsibility for the system, and des- disclosed. an intentional act (as defined in subsection ignated facility employee representatives, if ‘‘(B) DETRIMENT REQUIREMENT.—For pur- (g)(1)). any. Such standards shall include procedures ‘‘(p) REPORT TO CONGRESS.— poses of clauses (ii), (iii), (iv), (v), and (vi) of for the sharing of all portions of a covered ‘‘(1) PERIODIC REPORT.—Not later than 3 subparagraph (A), the only portions of docu- water system’s vulnerability assessment and years after the effective date of the regula- ments, records, orders, notices, and letters site security plan relating to the roles and tions under subsection (a)(1), and every 3 that shall be considered protected informa- responsibilities of system employees or con- years thereafter, the Administrator shall tion are those portions that— tractor employees under subsection (f)(1) transmit to the Committee on Energy and ‘‘(i) would be detrimental to the security of with a representative of each certified or Commerce of the House of Representatives one or more covered water systems if dis- recognized bargaining agent representing and the Committee on Environment and closed; and such employees, if any, or, if none, with at Public Works of the Senate a report on least one supervisory and at least one non- ‘‘(ii) are developed by the Administrator, progress in achieving compliance with this supervisory employee with roles and respon- the State, or the covered water system for section. Each such report shall include, at a sibilities under subsection (f)(1). the purposes of this section. minimum, the following: ‘‘(C) EXCLUSIONS.—For purposes of this sec- ‘‘(C) PENALTIES.—Protected information, ‘‘(A) A generalized summary of measures as described in paragraph (7), shall not be tion, protected information does not in- implemented by covered water systems in shared except in accordance with the stand- clude— order to meet each risk-based performance ards provided by the regulations under sub- ‘‘(i) information that is otherwise publicly standard established by this section. paragraph (A). Whoever discloses protected available, including information that is re- ‘‘(B) A summary of how the covered water information in knowing violation of the reg- quired to be made publicly available under systems, differentiated by risk-based tier as- ulations and orders issued under subpara- any law; signment, are complying with the require- graph (A) shall be fined under title 18, United ‘‘(ii) information that a covered water sys- ments of this section during the period cov- States Code, imprisoned for not more than tem has lawfully disclosed other than in ac- ered by the report and how the Adminis- one year, or both, and, in the case of a Fed- cordance with this section; and trator is implementing and enforcing such eral officeholder or employee, shall be re- ‘‘(iii) information that, if disclosed, would requirements during such period including— moved from Federal office or employment. not be detrimental to the security of one or ‘‘(i) the number of public water systems more covered water systems, including ag- ‘‘(3) TREATMENT OF INFORMATION IN ADJU- that provided the Administrator with infor- gregate regulatory data that the Adminis- DICATIVE PROCEEDINGS.—In any judicial or mation pursuant to subsection (d)(1); administrative proceeding, protected infor- trator determines appropriate to describe ‘‘(ii) the number of covered water systems mation, as described in paragraph (7), shall system compliance with the requirements of assigned to each risk-based tier; be treated in a manner consistent with the this section and the Administrator’s imple- ‘‘(iii) the number of vulnerability assess- treatment of Sensitive Security Information mentation of such requirements. ments and site security plans submitted by ‘‘(m) RELATION TO CHEMICAL FACILITY SE- under section 525 of the Department of covered water systems; CURITY REQUIREMENTS.—Title XXI of the Homeland Security Appropriations Act, 2007 ‘‘(iv) the number of vulnerability assess- Homeland Security Act of 2002 and the (Public Law 109–295; 120 Stat. 1381). ments and site security plans approved and amendments made by title I of the Chemical ‘‘(4) OTHER OBLIGATIONS UNAFFECTED.—Ex- and Water Security Act of 2009 shall not disapproved by the Administrator; cept as provided in subsection (h)(3), nothing apply to any public water system subject to ‘‘(v) the number of covered water systems in this section amends or affects an obliga- this Act. without approved vulnerability assessments tion of a covered water system— ‘‘(n) PREEMPTION.—This section does not or site security plans; ‘‘(A) to submit or make available informa- preclude or deny the right of any State or ‘‘(vi) the number of covered water systems tion to system employees, employee organi- political subdivision thereof to adopt or en- that have been assigned to a different risk- zations, or a Federal, State, tribal, or local force any regulation, requirement, or stand- based tier due to implementation of a meth- government agency under any other law; or ard of performance with respect to a covered od to reduce the consequences of a chemical ‘‘(B) to comply with any other law. water system that is more stringent than a release from an intentional act and a de- ‘‘(5) CONGRESSIONAL OVERSIGHT.—Nothing regulation, requirement, or standard of per- scription of the types of such implemented in this section permits or authorizes the formance under this section. methods; withholding of information from Congress or ‘‘(o) VIOLATIONS.— ‘‘(vii) the number of audits and inspections any committee or subcommittee thereof. ‘‘(1) IN GENERAL.—A covered water system conducted by the Administrator or duly des- ‘‘(6) DISCLOSURE OF INDEPENDENTLY FUR- that violates any requirement of this sec- ignated representatives of the Adminis- NISHED INFORMATION.—Nothing in this sec- tion, including by not implementing all or trator;

VerDate Nov 24 2008 06:36 Jan 30, 2010 Jkt 079060 PO 00000 Frm 00052 Fmt 7634 Sfmt 0634 E:\RECORD09\H06NO9.REC H06NO9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE November 6, 2009 CONGRESSIONAL RECORD — HOUSE H12511 ‘‘(viii) the number of orders for compliance given to covered water systems assigned to ‘‘SEC. 222. WASTEWATER TREATMENT WORKS SE- issued by the Administrator; tier one or tier two under subsection (d); and CURITY. ‘‘(ix) the administrative penalties assessed ‘‘(ii) appropriate training for first respond- ‘‘(a) ASSESSMENT OF TREATMENT WORKS by the Administrator for non-compliance ers and emergency response providers who VULNERABILITY AND IMPLEMENTATION OF SITE with the requirements of this section; would respond to an intentional act at a cov- SECURITY AND EMERGENCY RESPONSE ‘‘(x) the civil penalties assessed by courts ered water system. PLANS.— for non-compliance with the requirements of ‘‘(D) ELIGIBLE ENTITIES.—For purposes of this section; and this paragraph, an eligible entity is a non- ‘‘(1) IN GENERAL.—Each owner or operator ‘‘(xi) any other regulatory data the Admin- profit organization with demonstrated expe- of a treatment works with either a treat- istrator determines appropriate to describe rience in implementing and operating suc- ment capacity of at least 2,500,000 gallons per covered water system compliance with the cessful worker or first responder health and day or, in the discretion of the Adminis- requirements of this section and the Admin- safety or security training programs. trator, that presents a security risk making istrator’s implementation of such require- ‘‘(r) AUTHORIZATION OF APPROPRIATIONS.— coverage under this section appropriate ments. ‘‘(1) IN GENERAL.—To carry out this sec- shall, consistent with regulations developed ‘‘(2) PUBLIC AVAILABILITY.—A report sub- tion, there are authorized to be appro- under subsection (b)— mitted under this section shall be made pub- priated— ‘‘(A) conduct and, as required, update a licly available. ‘‘(A) $315,000,000 for fiscal year 2011, of vulnerability assessment of its treatment ‘‘(q) GRANT PROGRAMS.— which up to— works; ‘‘(1) IMPLEMENTATION GRANTS TO STATES.— ‘‘(i) $30,000,000 may be used for administra- ‘‘(B) develop, periodically update, and im- The Administrator may award grants to, or tive costs incurred by the Administrator or plement a site security plan for the treat- enter into cooperative agreements with, the States, as appropriate; and ment works; and States, based on an allocation formula estab- ‘‘(ii) $125,000,000 may be used to implement ‘‘(C) develop and, as required, revise an lished by the Administrator, to assist the methods to reduce the consequences of a emergency response plan for the treatment States in implementing this section. chemical release from an intentional act at works. ‘‘(2) RESEARCH, TRAINING, AND TECHNICAL covered water systems with priority given to ‘‘(2) VULNERABILITY ASSESSMENT.— ASSISTANCE GRANTS.—The Administrator covered water systems assigned to tier one ‘‘(A) DEFINITION.—In this section, the term may award grants to, or enter into coopera- or tier two under subsection (d); and ‘vulnerability assessment’ means an assess- tive agreements with, non-profit organiza- ‘‘(B) such sums as may be necessary for fis- ment of the vulnerability of a treatment tions to provide research, training, and tech- cal years 2012 through 2015. works to intentional acts that may— nical assistance to covered water systems to ‘‘(2) SECURITY ENHANCEMENTS.—Funding ‘‘(i) substantially disrupt the ability of the assist them in carrying out their responsibil- under this subsection for basic security en- treatment works to safely and reliably oper- ities under this section. hancements shall not include expenditures ate; or ‘‘(3) PREPARATION GRANTS.— for personnel costs or monitoring, operation, ‘‘(ii) have a substantial adverse effect on ‘‘(A) GRANTS.—The Administrator may or maintenance of facilities, equipment, or critical infrastructure, public health or safe- award grants to, or enter into cooperative systems.’’. ty, or the environment. agreements with, covered water systems to (b) REGULATIONS; TRANSITION.— ‘‘(B) REVIEW.—A vulnerability assessment assist such systems in— (1) REGULATIONS.—Not later than 2 years shall include an identification of the vulner- ‘‘(i) preparing and updating vulnerability after the date of the enactment of this title, ability of the treatment works’— assessments, site security plans, and emer- the Administrator of the Environmental ‘‘(i) facilities, systems, and devices used in gency response plans; Protection Agency shall promulgate final the storage, treatment, recycling, or rec- ‘‘(ii) assessing and implementing methods regulations to carry out section 1433 of the lamation of municipal sewage or industrial to reduce the consequences of a release of a Safe Drinking Water Act, as amended by wastes; substance of concern from an intentional subsection (a). ‘‘(ii) intercepting sewers, outfall sewers, act; and (2) EFFECTIVE DATE.—Until the effective sewage collection systems, and other con- ‘‘(iii) implementing any other security re- date of the regulations promulgated under structed conveyances under the control of views and enhancements necessary to com- paragraph (1), section 1433 of the Safe Drink- the owner or operator of the treatment ply with this section. ing Water Act, as in effect on the day before works; ‘‘(B) PRIORITY.— the date of the enactment of this title, shall ‘‘(iii) electronic, computer, and other auto- ‘‘(i) NEED.—The Administrator, in award- mated systems; ing grants or entering into cooperative continue to apply. ‘‘(iv) pumping, power, and other equip- agreements for purposes described in sub- (3) SAVINGS PROVISION.—Nothing in this ment; paragraph (A)(i), shall give priority to cov- section or the amendment made by this sec- ‘‘(v) use, storage, and handling of various ered water systems that have the greatest tion shall affect the application of section chemicals, including substances of concern, need. 1433 of the Safe Drinking Water Act, as in ef- fect before the effective date of the regula- as identified by the Administrator; ‘‘(ii) SECURITY RISK.—The Administrator, ‘‘(vi) operation and maintenance proce- in awarding grants or entering into coopera- tions promulgated under paragraph (1), to dures; and tive agreements for purposes described in any violation of such section 1433 occurring ‘‘(vii) ability to ensure continuity of oper- subparagraph (A)(ii), shall give priority to before such effective date, and the require- ations. covered water systems that pose the greatest ments of such section 1433 shall remain in ‘‘(3) SITE SECURITY PLAN.— security risk. force and effect with respect to such viola- tion until the violation has been corrected or ‘‘(A) DEFINITION.—In this section, the term ‘‘(4) WORKER TRAINING GRANTS PROGRAM AU- enforcement proceedings completed, which- ‘site security plan’ means a process devel- THORITY.— ever is later. oped by the owner or operator of a treatment ‘‘(A) IN GENERAL.—The Administrator shall works to address security risks identified in establish a grant program to award grants to SEC. 203. STUDY TO ASSESS THE THREAT OF CON- a vulnerability assessment developed for the eligible entities to provide for training and TAMINATION OF DRINKING WATER DISTRIBUTION SYSTEMS. treatment works. education of employees and contractor em- Not later than 180 days after the date of ‘‘(B) IDENTIFICATION OF SECURITY ENHANCE- ployees with roles or responsibilities de- the enactment of this title, the Adminis- MENTS.—A site security plan carried out scribed in subsection (f)(1) and first respond- trator of the Environmental Protection under paragraph (1)(B) shall identify specific ers and emergency response providers who Agency, in consultation with the Secretary security enhancements, including proce- would respond to an intentional act at a cov- of Homeland Security, shall— dures, countermeasures, or equipment, that, ered water system. (1) conduct a study to assess the threat of when implemented or utilized, will reduce ‘‘(B) ADMINISTRATION.—The Administrator contamination of drinking water being dis- the vulnerabilities identified in a vulner- shall enter into an agreement with the Na- tributed through public water systems, in- ability assessment (including the identifica- tional Institute of Environmental Health cluding fire main systems; and tion of the extent to which implementation Sciences to make and administer grants (2) submit a report to the Congress on the or utilization of such security enhancements under this paragraph. results of such study. may impact the operations of the treatment ‘‘(C) USE OF FUNDS.—The recipient of a works in meeting the goals and requirements grant under this paragraph shall use the TITLE III—WASTEWATER TREATMENT of this Act). grant to provide for— WORKS SECURITY ‘‘(i) training and education of employees SECTION 301. SHORT TITLE. ‘‘(b) RULEMAKING AND GUIDANCE DOCU- and contractor employees with roles or re- This title may be cited as the ‘‘Wastewater MENTS.— sponsibilities described in subsection (f)(1), Treatment Works Security Act of 2009’’. ‘‘(1) IN GENERAL.—Not later than December including the annual mandatory training SEC. 302. WASTEWATER TREATMENT WORKS SE- 31, 2010, the Administrator, after providing specified in subsection (f)(2) or training for CURITY. notice and an opportunity for public com- first responders in protecting nearby per- (a) IN GENERAL.—Title II of the Federal ment, shall issue regulations— sons, property, or the environment from the Water Pollution Control Act (33 U.S.C. 1281 ‘‘(A) establishing risk-based performance effects of a release of a substance of concern et seq.) is amended by adding at the end the standards for the security of a treatment at the covered water system, with priority following: works identified under subsection (a)(1); and

VerDate Nov 24 2008 06:36 Jan 30, 2010 Jkt 079060 PO 00000 Frm 00053 Fmt 7634 Sfmt 0634 E:\RECORD09\H06NO9.REC H06NO9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE H12512 CONGRESSIONAL RECORD — HOUSE November 6, 2009 ‘‘(B) establishing requirements and dead- that the standards are separate and, as ap- works is feasible, as determined by the Ad- lines for each owner or operator of a treat- propriate, increasingly more stringent based ministrator; ment works identified under subsection on the level of risk associated with the risk- ‘‘(IV) the costs (including capital and oper- (a)(1)— based tier assignment under subparagraph ational costs) and avoided costs (including ‘‘(i) to conduct and submit to the Adminis- (B) for the treatment works. potential savings) associated with applying trator a vulnerability assessment or, if the ‘‘(ii) CONSIDERATION.—In carrying out this each described method to reduce the con- owner or operator of a treatment works al- subparagraph, the Administrator shall take sequences of a chemical release from an in- ready has conducted a vulnerability assess- into account section 27.230 of title 6, Code of tentional act at the treatment works; ment, to revise and submit to the Adminis- Federal Regulations (or any successor regu- ‘‘(V) any other relevant information that trator such assessment in accordance with lation). the owner or operator of a treatment works this section; ‘‘(D) SITE SECURITY PLANS.— relied on in conducting the assessment; and ‘‘(ii) to update and submit to the Adminis- ‘‘(i) IN GENERAL.—In developing regulations ‘‘(VI) a statement of whether the owner or trator the vulnerability assessment not less under this subsection, the Administrator operator of a treatment works has imple- than every 5 years and promptly after any shall permit the owner or operator of a mented or plans to implement a method to change at the treatment works that could treatment works identified under subsection reduce the consequences of a chemical re- cause the reassignment of the treatment (a)(1), in developing and implementing a site lease from an intentional act, a description works to a different risk-based tier under security plan, to select layered security and of any such method, and, in the case of a paragraph (2)(B); preparedness measures that, in combina- treatment works described in subparagraph ‘‘(iii) to develop and implement a site secu- tion— (C)(i), an explanation of the reasons for any rity plan and to update such plan not less ‘‘(I) address the security risks identified in decision not to implement any such method. than every 5 years and promptly after an up- its vulnerability assessment; and ‘‘(C) REQUIRED METHODS.— date to the vulnerability assessment; ‘‘(II) comply with the applicable risk-based ‘‘(i) APPLICATION.—This subparagraph ap- ‘‘(iv) to develop an emergency response performance standards required by this sub- plies to a treatment works identified under plan (or, if the owner or operator of a treat- section. subsection (a)(1) that— ment works has already developed an emer- ‘‘(3) METHODS TO REDUCE THE CONSEQUENCES ‘‘(I) is assigned to one of the two highest gency response plan, to revise the plan to be OF A CHEMICAL RELEASE FROM AN INTENTIONAL risk-based tiers established under paragraph in accordance with this section) and to re- ACT.— (2)(A); and vise the plan not less than every 5 years and ‘‘(A) DEFINITION.—In this section, the term ‘‘(II) possesses or plans to possess a sub- promptly after an update to the vulner- ‘method to reduce the consequences of a stance of concern in excess of the threshold ability assessment; and chemical release from an intentional act’ quantity set by the Administrator under ‘‘(v) to provide annual training to employ- means a measure at a treatment works iden- subsection (c)(2). ees of the treatment works on implementing tified under subsection (a)(1) that reduces or ‘‘(ii) HIGHEST-RISK SYSTEMS.—If, on the site security plans and emergency response eliminates the potential consequences of a basis of its assessment developed pursuant to plans. release of a substance of concern designated subparagraph (B), the owner or operator of a ‘‘(2) RISK-BASED TIERS AND PERFORMANCE under subsection (c) from an intentional act, treatment works described in clause (i) de- STANDARDS.— such as— cides not to implement a method to reduce ‘‘(A) IN GENERAL.—In developing regula- ‘‘(i) the elimination of or a reduction in the consequences of a chemical release from tions under this subsection, the Adminis- the amount of a substance of concern pos- an intentional act, in accordance with a trator shall— sessed or planned to be possessed by a treat- timeline set by the Administrator— ‘‘(i) provide for 4 risk-based tiers applica- ment works through the use of alternate ‘‘(I) the Administrator or, where applica- ble to treatment works identified under sub- substances, formulations, or processes; ble, a State with an approved program under section (a)(1), with tier one representing the ‘‘(ii) the modification of pressures, tem- section 402, shall determine whether to re- highest degree of security risk; and peratures, or concentrations of a substance quire the owner or operator of a treatment ‘‘(ii) establish risk-based performance of concern; and works to implement such method; and standards for site security plans and emer- ‘‘(iii) the reduction or elimination of on- ‘‘(II) in the case of a State with such ap- gency response plans required under this sec- site handling of a substance of concern proved program, the State shall report such tion. through the improvement of inventory con- determination to the Administrator. ‘‘(B) RISK-BASED TIERS.— trol or chemical use efficiency. ‘‘(iii) CONSIDERATIONS.—Before requiring ‘‘(i) ASSIGNMENT OF RISK-BASED TIERS.—The ‘‘(B) ASSESSMENT.— the implementation of a method to reduce Administrator shall assign (and reassign ‘‘(i) IN GENERAL.—In developing the regula- the consequences of a chemical release from when appropriate) each treatment works tions under this subsection, for each treat- an intentional act under clause (ii), the Ad- identified under subsection (a)(1) to one of ment works identified under subsection (a)(1) ministrator or a State, as the case may be, the risk-based tiers established pursuant to that possesses or plans to possess a sub- shall consider factors appropriate to address this paragraph. stance of concern in excess of the release the responsibilities of the treatment works ‘‘(ii) FACTORS TO CONSIDER.—In assigning a threshold quantity set by the Administrator to meet the goals and requirements of this treatment works to a risk-based tier, the Ad- under subsection (c)(2), the Administrator Act, including an examination of whether ministrator shall consider— shall require the treatment works to include the method— ‘‘(I) the size of the treatment works; in its site security plan an assessment of ‘‘(I) would significantly reduce the risk of ‘‘(II) the proximity of the treatment works methods to reduce the consequences of a death, injury, or serious adverse effects to to large population centers; chemical release from an intentional act at human health resulting from a chemical re- ‘‘(III) the adverse impacts of an intentional the treatment works. lease from an intentional act at the treat- act, including a worst-case release of a sub- ‘‘(ii) CONSIDERATIONS FOR ASSESSMENT.—In ment works; stance of concern designated under sub- developing the regulations under this sub- ‘‘(II) would not increase the interim stor- section (c), on the operation of the treat- section, the Administrator shall require the age by the treatment works of a substance of ment works or on critical infrastructure, owner or operator of each treatment works, concern designated under subsection (c); public health or safety, or the environment; in preparing the assessment, to consider fac- ‘‘(III) could impact the operations of the and tors appropriate to address the responsibil- treatment works in meeting the goals and ‘‘(IV) any other factor that the Adminis- ities of the treatment works to meet the requirements of this Act or any more strin- trator determines to be appropriate. goals and requirements of this Act and to in- gent standards established by the State or ‘‘(iii) INFORMATION REQUEST FOR TREATMENT clude— municipality in which the treatment works WORKS.—The Administrator may require the ‘‘(I) a description of the methods to reduce is located; and owner or operator of a treatment works iden- the consequences of a chemical release from ‘‘(IV) is feasible, as determined by the Ad- tified under subsection (a)(1) to submit infor- an intentional act; ministrator, to be incorporated into the op- mation in order to determine the appropriate ‘‘(II) a description of how each described erations of the treatment works. risk-based tier for the treatment works. method to reduce the consequences of a ‘‘(D) APPEAL.—Before requiring the imple- ‘‘(iv) EXPLANATION FOR RISK-BASED TIER AS- chemical release from an intentional act mentation of a method to reduce the con- SIGNMENT.—The Administrator shall provide could, if applied— sequences of a chemical release from an in- the owner or operator of each treatment ‘‘(aa) reduce the extent of death, injury, or tentional act under clause (ii), the Adminis- works assigned to a risk-based tier with the serious adverse effects to human health or trator or a State, as the case may be, shall reasons for the tier assignment and whether the environment as a result of a release, provide the owner or operator of the treat- such owner or operator of a treatment works theft, or misappropriation of a substance of ment works an opportunity to appeal the de- is required to submit an assessment under concern designated under subsection (c); and termination to require such implementation. paragraph (3)(B). ‘‘(bb) impact the operations of the treat- ‘‘(E) INCOMPLETE OR LATE ASSESSMENTS.— ‘‘(C) RISK-BASED PERFORMANCE STAND- ment works in meeting the goals and re- ‘‘(i) INCOMPLETE ASSESSMENTS.—If the Ad- ARDS.— quirements of this Act; ministrator determines that a treatment ‘‘(i) CLASSIFICATION.—In establishing risk- ‘‘(III) whether each described method to re- works fails to meet the requirements of sub- based performance standards under subpara- duce the consequences of a chemical release paragraph (B) and the applicable regulations, graph (A)(ii), the Administrator shall ensure from an intentional act at the treatment the Administrator shall, after notifying the

VerDate Nov 24 2008 06:36 Jan 30, 2010 Jkt 079060 PO 00000 Frm 00054 Fmt 7634 Sfmt 0634 E:\RECORD09\H06NO9.REC H06NO9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE November 6, 2009 CONGRESSIONAL RECORD — HOUSE H12513 owner or operator of a treatment works and and, as appropriate, other persons regard- ‘‘(A) includes a clear explanation of the de- the State in which the treatment works is ing— ficiency in the vulnerability assessment or located, require the owner or operator of the ‘‘(A) the provision of threat-related and site security plan; treatment works to submit a revised assess- other baseline information to treatment ‘‘(B) provides guidance to assist the owner ment not later than 60 days after the Admin- works identified under subsection (a)(1); or operator in addressing the deficiency; and istrator notifies the owner or operator. The ‘‘(B) the designation of substances of con- ‘‘(C) requires the owner or operator to cor- Administrator may require such additional cern under subsection (c); rect the deficiency and, by such date as the revisions as are necessary to ensure that the ‘‘(C) the development of risk-based per- Administrator determines appropriate, to treatment works meets the requirements of formance standards; submit to the Administrator a revised vul- subparagraph (B) and the applicable regula- ‘‘(D) the establishment of risk-based tiers nerability assessment or site security plan. tions. and the process for the assignment of treat- ‘‘(5) STATE, LOCAL, OR TRIBAL GOVERN- ‘‘(ii) LATE ASSESSMENTS.—If the Adminis- ment works identified under subsection (a)(1) MENTAL ENTITIES.—No owner or operator of a trator finds that the owner or operator of a to such tiers; treatment works identified under subsection treatment works, in conducting an assess- ‘‘(E) the process for the development and (a)(1) shall be required under State, local, or ment pursuant to subparagraph (B), did not evaluation of vulnerability assessments, site tribal law to provide a vulnerability assess- complete such assessment in accordance security plans, and emergency response ment or site security plan described in this with the deadline set by the Administrator, plans; section to any State, local, or tribal govern- the Administrator may, after notifying the ‘‘(F) the treatment of protected informa- mental entity solely by reason of the re- owner or operator of the treatment works tion; and quirement set forth in paragraph (1) that the and the State in which the treatment works ‘‘(G) any other factor that the Adminis- owner or operator of a treatment works sub- is located, take appropriate enforcement ac- trator determines to be appropriate. mit such an assessment and plan to the Ad- tion under subsection (j). ‘‘(6) CONSIDERATION.—In developing the ministrator. ‘‘(iii) REVIEW.—A State with an approved regulations under this subsection, the Ad- ‘‘(e) EMERGENCY RESPONSE PLAN.— program under section 402 or the Adminis- ministrator shall ensure that such regula- ‘‘(1) IN GENERAL.—The owner or operator of trator, as the case may be, shall review a re- tions are consistent with the goals and re- a treatment works identified under sub- vised assessment that meets the require- quirements of this Act. section (a)(1) shall develop or revise, as ap- ments of subparagraph (B) and applicable propriate, an emergency response plan that ‘‘(c) SUBSTANCES OF CONCERN.—For pur- regulations to determine whether the treat- incorporates the results of the current vul- poses of this section, the Administrator, in ment works will be required to implement nerability assessment and site security plan consultation with the Secretary of Homeland methods to reduce the consequences of a for the treatment works. Security— chemical release from an intentional act ‘‘(2) CERTIFICATION.—The owner or operator ‘‘(1) may designate any chemical substance pursuant to subparagraph (C). of a treatment works identified under sub- as a substance of concern; ‘‘(F) ENFORCEMENT.— section (a)(1) shall certify to the Adminis- ‘‘(2) at the time any chemical substance is ‘‘(i) FAILURE BY STATE TO MAKE DETERMINA- trator that the owner or operator has com- designated pursuant to paragraph (1), shall TION.— pleted an emergency response plan, shall establish by rulemaking a threshold quan- ‘‘(I) IN GENERAL.—If the Administrator de- submit such certification to the Adminis- termines that a State with an approved pro- tity for the release or theft of a substance, trator not later than 6 months after the first gram under section 402 failed to determine taking into account the toxicity, reactivity, completion or revision of a vulnerability as- whether to require a treatment works to im- volatility, dispersability, combustability, sessment under this section, and shall sub- plement a method to reduce the con- and flammability of the substance and the mit an additional certification following any sequences of a chemical release from an in- amount of the substance, that, as a result of update of the emergency response plan. tentional act, as required by subparagraph the release or theft, is known to cause death, ‘‘(3) CONTENTS.—An emergency response (C)(ii), the Administrator shall notify the injury, or serious adverse impacts to human plan shall include a description of— State and the owner or operator of the treat- health or the environment; and ‘‘(A) plans, procedures, and identification ment works. ‘‘(3) in making such a designation, shall of equipment that can be implemented or ‘‘(II) ADMINISTRATIVE ACTION.—If, after 30 take into account appendix A to part 27 of used in the event of an intentional act at the days after the notification described in sub- title 6, Code of Federal Regulations (or any treatment works; and clause (I), a State fails to make the deter- successor regulation). ‘‘(B) actions, procedures, and identification mination described in that subclause, the ‘‘(d) REVIEW OF VULNERABILITY ASSESS- of equipment that can obviate or signifi- Administrator shall notify the State and the MENT AND SITE SECURITY PLAN.— cantly reduce the impact of intentional acts owner or operator of the treatment works ‘‘(1) IN GENERAL.—Each owner or operator to— and shall determine whether to require the of a treatment works identified under sub- ‘‘(i) substantially disrupt the ability of the owner or operator to implement a method to section (a)(1) shall submit its vulnerability treatment works to safely and reliably oper- reduce the consequences of a chemical re- assessment and site security plan to the Ad- ate; or lease from an intentional act based on the ministrator for review in accordance with ‘‘(ii) have a substantial adverse effect on factors described in subparagraph (C)(iii). deadlines established by the Administrator. critical infrastructure, public health or safe- ‘‘(ii) FAILURE BY STATE TO BRING ENFORCE- ‘‘(2) STANDARD OF REVIEW.—The Adminis- ty, or the environment. MENT ACTION.— trator shall review each vulnerability assess- ‘‘(4) COORDINATION.—As part of its emer- ‘‘(I) IN GENERAL.—If, in a State with an ap- ment and site security plan submitted under gency response plan, the owner or operator proved program under section 402, the Ad- this subsection and— of a treatment works shall provide appro- ministrator determines that the owner or op- ‘‘(A) if the assessment or plan has a signifi- priate information to any local emergency erator of a treatment works fails to imple- cant deficiency described in paragraph (3), planning committee, local law enforcement ment a method to reduce the consequences of require the owner or operator of the treat- officials, and local emergency response pro- a chemical release from an intentional act ment works to correct the deficiency; or viders to ensure an effective, collective re- (as required by the State or the Adminis- ‘‘(B) approve such assessment or plan. sponse. trator under subparagraph (C)(ii) or the Ad- ‘‘(3) SIGNIFICANT DEFICIENCY.—A vulner- ‘‘(f) ROLE OF EMPLOYEES.— ministrator under clause (i)(II)), the Admin- ability assessment or site security plan of a ‘‘(1) DESCRIPTION OF ROLE.—Site security istrator shall notify the State and the owner treatment works has a significant deficiency plans and emergency response plans required or operator of the treatment works. under this subsection if the Administrator, under this section shall describe the appro- ‘‘(II) ADMINISTRATIVE ENFORCEMENT AC- in consultation, as appropriate, with a State priate roles or responsibilities that employ- TION.—If, after 30 days after the notification with an approved program under section 402, ees and contractor employees of treatment described in subclause (I), the State has not determines that— works are expected to perform to deter or re- commenced appropriate enforcement action, ‘‘(A) such assessment does not comply with spond to the intentional acts identified in a the Administrator shall notify the State and the regulations promulgated under sub- current vulnerability assessment. may commence an enforcement action section (b); or ‘‘(2) TRAINING FOR EMPLOYEES.—The owner against the owner or operator of the treat- ‘‘(B) such plan— or operator of a treatment works identified ment works, including by seeking or impos- ‘‘(i) fails to address vulnerabilities identi- under subsection (a)(1) shall annually pro- ing civil penalties under subsection (j), to re- fied in a vulnerability assessment; or vide employees and contractor employees quire implementation of such method. ‘‘(ii) fails to meet applicable risk-based with the roles or responsibilities described in ‘‘(4) CONSULTATION WITH STATE AUTHORI- performance standards. paragraph (1) with sufficient training, as de- TIES.—In developing the regulations under ‘‘(4) IDENTIFICATION OF DEFICIENCIES.—If the termined by the Administrator, on carrying this subsection, the Administrator shall con- Administrator identifies a significant defi- out those roles or responsibilities. sult with States with approved programs ciency in the vulnerability assessment or ‘‘(3) EMPLOYEE PARTICIPATION.—In devel- under section 402. site security plan of an owner or operator of oping, revising, or updating a vulnerability ‘‘(5) CONSULTATION WITH OTHER PERSONS.— a treatment works under paragraph (3), the assessment, site security plan, and emer- In developing the regulations under this sub- Administrator shall provide the owner or op- gency response plan required under this sec- section, the Administrator shall consult erator with a written notification of the defi- tion, the owner or operator of a treatment with the Secretary of Homeland Security, ciency that— works shall include—

VerDate Nov 24 2008 06:36 Jan 30, 2010 Jkt 079060 PO 00000 Frm 00055 Fmt 7634 Sfmt 0634 E:\RECORD09\H06NO9.REC H06NO9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE H12514 CONGRESSIONAL RECORD — HOUSE November 6, 2009 ‘‘(A) at least one supervisory and at least certified or recognized bargaining agent rep- ‘‘(i) would be detrimental to the security of one nonsupervisory employee of the treat- resenting such employees, if any, or, if none, a treatment works if disclosed; and ment works; and with at least one supervisory and at least ‘‘(ii) are developed by the Administrator, ‘‘(B) at least one representative of each one non-supervisory employee with roles and the State, or the treatment works for the certified or recognized bargaining agent rep- responsibilities under subsection (f)(1). purposes of this section. resenting facility employees or contractor ‘‘(D) PENALTIES.—Protected information, ‘‘(C) EXCLUSIONS.—For purposes of this employees with roles or responsibilities de- as described in paragraph (7), shall not be paragraph, protected information does not scribed in paragraph (1), if any, in a collec- shared except in accordance with the stand- include— tive bargaining relationship with the owner ards provided by the regulations under sub- ‘‘(i) information that is otherwise publicly or operator of the treatment works or with a paragraph (A). Whoever discloses protected available, including information that is re- contractor to the treatment works. information in knowing violation of the reg- quired to be made publicly available under ‘‘(g) MAINTENANCE OF RECORDS.—The owner ulations and orders issued under subpara- any law; or operator of a treatment works identified graph (A) shall be fined under title 18, United ‘‘(ii) information that a treatment works under subsection (a)(1) shall maintain an up- States Code, imprisoned for not more than has lawfully disclosed other than in accord- dated copy of its vulnerability assessment, one year, or both, and, in the case of a Fed- ance with this section; and site security plan, and emergency response eral officeholder or employee, shall be re- ‘‘(iii) information that, if disclosed, would plan on the premises of the treatment works. not be detrimental to the security of a treat- ‘‘(h) AUDIT; INSPECTION.— moved from Federal office or employment. ment works, including aggregate regulatory ‘‘(1) IN GENERAL.—The Administrator shall ‘‘(3) TREATMENT OF INFORMATION IN ADJU- data that the Administrator determines ap- audit and inspect a treatment works identi- DICATIVE PROCEEDINGS.—In any judicial or propriate to describe compliance with the re- fied under subsection (a)(1), as necessary, for administrative proceeding, protected infor- quirements of this section and the Adminis- purposes of determining compliance with mation, as described in paragraph (7), shall trator’s implementation of such require- this section. be treated in a manner consistent with the ments. ‘‘(2) ACCESS.—In conducting an audit or in- treatment of sensitive security information spection of a treatment works under para- under section 525 of the Department of ‘‘(j) VIOLATIONS.—For the purposes of sec- graph (1), the Administrator shall have ac- Homeland Security Appropriations Act, 2007 tion 309 of this Act, any violation of any re- cess to the owners, operators, employees and (120 Stat. 1381). quirement of this section, including any reg- contractor employees, and employee rep- ‘‘(4) OTHER OBLIGATIONS UNAFFECTED.— ulations promulgated pursuant to this sec- resentatives, if any, of such treatment Nothing in this section amends or affects an tion, by an owner or operator of a treatment works. obligation of the owner or operator of a works described in subsection (a)(1) shall be ‘‘(3) CONFIDENTIAL COMMUNICATION OF IN- treatment works to— treated in the same manner as a violation of FORMATION; AIDING INSPECTIONS.—The Admin- ‘‘(A) submit or make available information a permit condition under section 402 of this istrator shall offer nonsupervisory employ- to employees of the treatment works, em- Act. ees of a treatment works the opportunity ployee organizations, or a Federal, State, ‘‘(k) REPORT TO CONGRESS.— confidentially to communicate information local, or tribal government agency under any ‘‘(1) PERIODIC REPORT.—Not later than 3 relevant to the compliance or noncompliance other law; or years after the effective date of the regula- of the owner or operator of the treatment ‘‘(B) comply with any other law. tions issued under subsection (b) and every 3 works with this section, including compli- ‘‘(5) CONGRESSIONAL OVERSIGHT.—Nothing years thereafter, the Administrator shall ance or noncompliance with any regulation in this section permits or authorizes the transmit to the Committee on Transpor- or requirement adopted by the Adminis- withholding of information from Congress or tation and Infrastructure of the House of trator in furtherance of the purposes of this any committee or subcommittee thereof. Representatives and the Committee on Envi- section. A representative of each certified or ‘‘(6) DISCLOSURE OF INDEPENDENTLY FUR- ronment and Public Works of the Senate a recognized bargaining agent described in NISHED INFORMATION.—Nothing in this sec- report on progress in achieving compliance subsection (f)(3)(B), if any, or, if none, a non- tion amends or affects any authority or obli- with this section. supervisory employee, shall be given an op- gation of a Federal, State, local, or tribal ‘‘(2) CONTENTS OF THE REPORT.—Each such portunity to accompany the Administrator agency to protect or disclose any record or report shall include, at a minimum, the fol- during the physical inspection of any treat- information that the Federal, State, local, or lowing: ment works for the purpose of aiding such tribal agency obtains from a treatment ‘‘(A) A generalized summary of measures inspection, if representatives of the treat- works or the Administrator under any other implemented by the owner or operator of a ment works will also be accompanying the law except as provided in subsection (d)(5). treatment works identified under subsection Administrator on such inspection. ‘‘(7) PROTECTED INFORMATION.— (a)(1) in order to meet each risk-based per- ‘‘(i) PROTECTION OF INFORMATION.— ‘‘(A) IN GENERAL.—For purposes of this sec- formance standard established by this sec- ‘‘(1) PROHIBITION OF PUBLIC DISCLOSURE OF tion, protected information is any of the fol- tion. PROTECTED INFORMATION.—Protected infor- lowing: ‘‘(B) A summary of how the treatment mation shall— ‘‘(i) Vulnerability assessments and site se- works, differentiated by risk-based tier as- ‘‘(A) be exempt from disclosure under sec- curity plans under this section, including signment, are complying with the require- tion 552 of title 5, United States Code; and any assessment developed under subsection ments of this section during the period cov- ‘‘(B) not be made available pursuant to any (b)(3)(B). ered by the report and how the Adminis- State, local, or tribal law requiring disclo- ‘‘(ii) Documents directly related to the Ad- trator is implementing and enforcing such sure of information or records. ministrator’s review of assessments and requirements during such period, including— ‘‘(2) INFORMATION SHARING.— plans described in clause (i) and, as applica- ‘‘(i) the number of treatment works that ‘‘(A) IN GENERAL.—The Administrator shall ble, the State’s review of an assessment de- provided the Administrator with information prescribe such regulations, and may issue veloped under subsection (b)(3)(B). pursuant to subsection (b)(2)(B)(iii); such orders, as necessary to prohibit the un- ‘‘(iii) Documents directly related to inspec- ‘‘(ii) the number of treatment works as- authorized disclosure of protected informa- tions and audits under this section. signed to each risk-based tier; tion, as described in paragraph (7). ‘‘(iv) Orders, notices, or letters regarding ‘‘(iii) the number of vulnerability assess- ‘‘(B) SHARING OF PROTECTED INFORMATION.— the compliance of a treatment works de- ments and site security plans submitted by The regulations under subparagraph (A) scribed in subsection (a)(1) with the require- treatment works; shall provide standards for and facilitate the ments of this section. ‘‘(iv) the number of vulnerability assess- appropriate sharing of protected information ‘‘(v) Information required to be provided ments and site security plans approved or with and among Federal, State, local, and to, or documents and records created by, the found to have a significant deficiency under tribal authorities, first responders, law en- Administrator under subsection (b)(2). subsection (d)(2) by the Administrator; forcement officials, supervisory and non- ‘‘(vi) Documents directly related to secu- ‘‘(v) the number of treatment works with- supervisory treatment works personnel with rity drills and training exercises, security out approved vulnerability assessments or security, operational, or fiduciary responsi- threats and breaches of security, and main- site security plans; bility for the system designated by the tenance, calibration, and testing of security ‘‘(vi) the number of treatment works that owner or operator of the treatment works, equipment. have been assigned to a different risk-based and facility employee representatives des- ‘‘(vii) Other information, documents, and tier due to implementation of a method to ignated by the owner or operator of the records developed for the purposes of this reduce the consequences of a chemical re- treatment works, if any. section that the Administrator determines lease from an intentional act and a descrip- ‘‘(C) INFORMATION SHARING PROCEDURES.— would be detrimental to the security of a tion of the types of such implemented meth- Such standards shall include procedures for treatment works if disclosed. ods; the sharing of all portions of the vulner- ‘‘(B) DETRIMENT REQUIREMENT.—For pur- ‘‘(vii) the number of audits and inspections ability assessment and site security plan of a poses of clauses (ii), (iii), (iv), (v), and (vi) of conducted by the Administrator; and treatment works relating to the roles and re- subparagraph (A), the only portions of docu- ‘‘(viii) any other regulatory data the Ad- sponsibilities of the employees or contractor ments, records, orders, notices, and letters ministrator determines appropriate to de- employees of a treatment works under sub- that shall be considered protected informa- scribe the compliance of owners or operators section (f)(1) with a representative of each tion are those portions that— of treatment works with the requirements of

VerDate Nov 24 2008 06:36 Jan 30, 2010 Jkt 079060 PO 00000 Frm 00056 Fmt 7634 Sfmt 0634 E:\RECORD09\H06NO9.REC H06NO9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE November 6, 2009 CONGRESSIONAL RECORD — HOUSE H12515 this section and the Administrator’s imple- such time, in such form, and with such assur- Page 23, line 1, strike ‘‘under’’ and insert mentation of such requirements. ances as the Administrator may require. ‘‘pursuant to’’. ‘‘(3) PUBLIC AVAILABILITY.—A report sub- ‘‘(m) PREEMPTION.—This section does not Page 24, line 11, strike ‘‘is’’. mitted under this section shall be made pub- preclude or deny the right of any State or Page 30, line 22, strike ‘‘that’’ and insert licly available. political subdivision thereof to adopt or en- ‘‘who’’. ‘‘(l) GRANTS FOR VULNERABILITY ASSESS- force any regulation, requirement, or stand- Page 34, line 9, strike ‘‘the period of’’. MENTS, SECURITY ENHANCEMENTS, AND WORK- ard of performance with respect to a treat- Page 36, line 8, strike ‘‘information’’ and ER TRAINING PROGRAMS.— ment works that is more stringent than a insert ‘‘to the Secretary in a timely manner, ‘‘(1) IN GENERAL.—The Administrator may regulation, requirement, or standard of per- information’’. make a grant to a State, municipality, or formance under this section. Page 36, line 9, strike ‘‘in a timely man- intermunicipal or interstate agency— ‘‘(n) AUTHORIZATION OF APPROPRIATIONS.— ner’’. ‘‘(A) to conduct or update a vulnerability There is authorized to be appropriated to the Page 38, line 17, insert ‘‘departmental’’ assessment, site security plan, or emergency Administrator $200,000,000 for each of fiscal after ‘‘seek’’. response plan for a publicly owned treatment years 2010 through 2014 for making grants Page 38, line 17, strike ‘‘within the Depart- works identified under subsection (a)(1); under subsection (l). Such sums shall remain ment’’. ‘‘(B) to implement a security enhancement available until expended. Page 39, line 24, strike ‘‘that’’ and insert at a publicly owned treatment works identi- ‘‘(o) RELATION TO CHEMICAL FACILITY SECU- ‘‘who’’. fied under subsection (a)(1), including a RITY REQUIREMENTS.—Title XXI of the Home- Page 39, line 25, insert a comma after ‘‘sub- method to reduce the consequences of a land Security Act of 2002 and the amend- section (a)’’. chemical release from an intentional act, ments made by title I of the Chemical and Page 40, line 15, strike ‘‘, profit’’ and insert identified in an approved site security plan Water Security Act of 2009 shall not apply to ‘‘, for-profit’’. and listed in paragraph (2); any treatment works.’’. Page 46, line 16, strike ‘‘protected informa- ‘‘(C) to implement an additional security tion is any of the following’ ’’’ and insert enhancement at a publicly owned treatment The Acting CHAIR. No amendment ‘‘the term ‘protected information’ means any works identified under subsection (a)(1), in- to that amendment shall be in order of the following’’. cluding a method to reduce the consequences except those printed in part B of the Page 46, line 22, strike ‘‘determines’’ and of a chemical release from an intentional report. Each amendment may be of- insert ‘‘has determined by regulation’’. act, identified in an approved site security fered only in the order printed in the Page 48, strike lines 3 through 17 and insert plan; and report, by a Member designated in the the following: ‘‘(D) to provide for security-related train- report, shall be considered read, shall ‘‘(2) EXCLUSIONS.—Notwithstanding para- ing of employees or contractor employees of graph (1), the term ‘protected information’ the treatment works and training for first be debatable for the time specified in does not include— responders and emergency response pro- the report, equally divided and con- ‘‘(A) information, other than a security viders. trolled by the proponent and an oppo- vulnerability assessment or site security ‘‘(2) GRANTS FOR SECURITY ENHANCE- nent, shall not be subject to amend- plan, that the Secretary has determined by MENTS.— ment, and shall not be subject to a de- regulation to be— ‘‘(A) PREAPPROVED SECURITY ENHANCE- mand for division of the question. ‘‘(i) appropriate to describe facility compli- MENTS.—The Administrator may make a ance with the requirements of this title and AMENDMENT NO. 1 OFFERED BY MR. THOMPSON grant under paragraph (1)(B) to implement a the Secretary’s implementation of such re- OF MISSISSIPPI security enhancement of a treatment works quirements; and for one or more of the following: The Acting CHAIR. It is now in order ‘‘(ii) not detrimental to chemical facility ‘‘(i) Purchase and installation of equip- to consider amendment No. 1 printed in security if disclosed; or ment for access control, intrusion prevention part B of House Report 111–327. ‘‘(B) information, whether or not also con- and delay, and detection of intruders and Mr. THOMPSON of Mississippi. Mr. tained in a security vulnerability assess- hazardous or dangerous substances, includ- Chair, I have an amendment at the ment, site security plan, or in a document, ing— desk. record, order, notice, or letter, or portion ‘‘(I) barriers, fencing, and gates; thereof, described in subparagraph (B) or (C) ‘‘(II) security lighting and cameras; The Acting CHAIR. The Clerk will designate the amendment. of paragraph (1), that is obtained from an- ‘‘(III) metal grates, wire mesh, and outfall other source with respect to which the Sec- entry barriers; The text of the amendment is as fol- retary has not made a determination under ‘‘(IV) securing of manhole covers and fill lows: either such subparagraph, including— and vent pipes; Amendment No. 1 offered by Mr. THOMPSON ‘‘(i) information that is required to be ‘‘(V) installation and re-keying of doors of Mississippi: made publicly available under any other pro- and locks; and Page 5, beginning on line 22, strike vision of law; and ‘‘(VI) smoke, chemical, and explosive mix- ‘‘counter surveillance’’ and insert ‘‘counter- ‘‘(ii) information that a chemical facility ture detection systems. surveillance’’. has lawfully disclosed other than in a sub- ‘‘(ii) Security improvements to electronic, Page 7, beginning on line 2, strike ‘‘. Any mission to the Secretary pursuant to a re- computer, or other automated systems and such plan shall include’’ and insert ‘‘, includ- quirement of this title. remote security systems, including control- ing’’. Page 54, line 3, strike ‘‘of’’ and insert ling access to such systems, intrusion detec- Page 7, line 19, strike ‘‘Department’’ and ‘‘after’’. tion and prevention, and system backup. insert ‘‘Secretary’’. Page 63, line 7, strike ‘‘1996’’ and insert ‘‘(iii) Participation in training programs Page 8, line 2, strike ‘‘chemicals’’ and in- ‘‘1986’’. and the purchase of training manuals and sert ‘‘a substance of concern’’. Page 75, line 13, strike ‘‘Department’’ and guidance materials relating to security. Page 8, line 4, insert ‘‘and’’ after the insert ‘‘Secretary’’. ‘‘(iv) Security screening of employees or comma. Page 92, line 23, insert ‘‘and resubmit’’ contractor support services. Page 9, line 5, strike ‘‘Department’’ and in- after ‘‘update’’. ‘‘(B) ADDITIONAL SECURITY ENHANCE- sert ‘‘Secretary’’. Page 93, beginning on line 10, strike ‘‘(or, if MENTS.—The Administrator may make a Page 9, line 9, strike ‘‘in’’ and insert ‘‘at’’. the system has already developed an emer- grant under paragraph (1)(C) for additional Page 9, line 10, strike ‘‘site’’ and insert gency response plan, to revise the plan to be security enhancements not listed in subpara- ‘‘covered chemical facility’’. in accordance with this section)’’ and insert graph (A) that are identified in an approved Page 10, line 6, insert a comma after ‘‘or, if the system has already developed an site security plan. The additional security ‘‘plan’’. emergency response plan, to revise the plan enhancements may include the implementa- Page 17, line 3, insert ‘‘chemical’’ after to be in accordance with this section,’’. tion of a method to reduce the consequences ‘‘designation of a’’. Page 110, beginning on line 2, strike ‘‘com- of a chemical release from an intentional Page 17, line 3, insert ‘‘as a substance’’ mence an enforcement action against the act. after ‘‘substance’’. system, including by seeking or imposing ‘‘(C) LIMITATION ON USE OF FUNDS.—Grants Page 17, line 4, insert ‘‘for the substance’’ civil penalties’’ and insert ‘‘take appropriate under this subsection may not be used for after ‘‘quantity’’. enforcement action’’. personnel costs or operation or maintenance Page 17, line 8, strike ‘‘may at any time’’ Page 115, beginning on line 22, strike ‘‘, as of facilities, equipment, or systems. and insert ‘‘may, at any time,’’. described in paragraph (7)’’. ‘‘(D) FEDERAL SHARE.—The Federal share Page 18, line 10, insert a comma after ‘‘con- Page 116, beginning on line 21, strike ‘‘, as of the cost of activities funded by a grant cern’’. described in paragraph (7),’’. under paragraph (1) may not exceed 75 per- Page 18, line 22, strike the comma after Page 117, beginning on line 9, strike ‘‘, as cent. ‘‘representative’’. described in paragraph (7),’’. ‘‘(3) ELIGIBILITY.—To be eligible for a grant Page 19, line 6, strike ‘‘this title’’ and in- Page 117, line 22, insert ‘‘provision of’’ be- under this subsection, a State, municipality, sert ‘‘this section’’. fore ‘‘law’’. or intermunicipal or interstate agency shall Page 22, line 3, insert ‘‘, as determined by Page 117, line 23, insert ‘‘provision of’’ be- submit information to the Administrator at the Secretary,’’ after ‘‘geographically close’’. fore ‘‘law’’.

VerDate Nov 24 2008 06:36 Jan 30, 2010 Jkt 079060 PO 00000 Frm 00057 Fmt 7634 Sfmt 0634 E:\RECORD09\H06NO9.REC H06NO9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE H12516 CONGRESSIONAL RECORD — HOUSE November 6, 2009 Page 118, line 10, insert ‘‘provision of’’ be- ‘‘(ii) information, whether or not also con- intention regarding DHS’ indefinite ex- fore ‘‘law’’. tained in a security vulnerability assess- tension for farmers. Both committee Page 118, beginning on line 13, strike ‘‘pro- ment, site security plan, or in a document, reports filed on this bill speak to this tected information is any of the following’’ record, order, notice, or letter, or portion and insert ‘‘the term ‘protected information’ issue. thereof, described in any of clauses (ii) The Homeland Security report states means any of the following’’. through (vii) of subparagraph (A) that is ob- Page 119, line 17, strike ‘‘determines’’ and tained from another source with respect to that the Department has been appro- insert ‘‘has determined by regulation’’. which the Administrator has not made a de- priately sensitive to the concerns of Page 120, line 1, insert before ‘‘would’’ the termination under either subparagraph agricultural end users, farms and farm- following: ‘‘the Secretary has determined by (A)(vii) or (B), including— ers, regarding chemical security. The regulation’’ ‘‘(I) information that is required to be Energy and Commerce report states Page 120, strike lines 7 through 24 and in- made publicly available under any other pro- sert the following: that the committee does not intend for vision of law; and ‘‘(C) EXCLUSIONS.—Notwithstanding sub- this legislation to require the Depart- ‘‘(II) information that a treatment works paragraphs (A) and (B), the term ‘protected ment to deviate from its current plan has lawfully disclosed other than in a sub- information’ does not include— to address the security of agricultural mission to the Administrator pursuant to a ‘‘(i) information, other than a security vul- requirement of this title. end users on a separate timeline. nerability assessment or site security plan, Page 171, line 5, strike ‘‘the amendments Our position is clear. This legislation that the Administrator has determined by made by’’. in no way disturbs the current exten- regulation to be— The Acting CHAIR. Pursuant to the sion. That said, I am willing to explore ‘‘(I) appropriate to describe system compli- how we could make this bill clearer on ance with the requirements of this title and House Resolution 885, the gentleman the Administrator’s implementation of such from Mississippi (Mr. THOMPSON) and a this point as the legislation moves for- requirements; and Member opposed each will control 5 ward. Before I reserve the balance of my ‘‘(II) not detrimental to the security of one minutes. or more covered water systems if disclosed; The chair recognizes the gentleman time, I would like to take a moment to or from Mississippi. acknowledge the staff that has worked ‘‘(ii) information, whether or not also con- Mr. THOMPSON of Mississippi. Mr. so diligently and collaboratively to get tained in a security vulnerability assess- us to this day. On my staff, Chris Beck, ment, site security plan, or in a document, Chair, before discussing the specifics of my amendment, I would like to address Michael Beland, Michael Stroud, Brian record, order, notice, or letter, or portion Turbyfill, Rosaline Cohen, and Lanier thereof, described in any of clauses (ii) an argument that I expect we will hear through (vii) of subparagraph (A) that is ob- throughout the day. Avant; the Energy and Commerce Com- tained from another source with respect to The other side of the aisle seems to mittee team, led by Alison Cassidy and which the Administrator has not made a de- be arguing that the economy is so deli- Michael Freedhoff; and Ryan Seigert termination under either subparagraph cate that we simply cannot afford to on the Transportation and Infrastruc- (A)(vii) or (B), including— protect the American people from ter- ture Committee. ‘‘(I) information that is required to be With that, Mr. Chair, I reserve the made publicly available under any other pro- rorism. Democrats fundamentally re- ject that argument. In fact, we have balance of my time. vision of law; and Mr. BARTON of Texas. Mr. Chair- testimony from labor that this bill is ‘‘(II) information that a covered water sys- man, I rise in opposition to the man- no threat to jobs. They have testified tem has lawfully disclosed other than in a ager’s amendment. submission to the Administrator pursuant to ‘‘that the bill will have zero impact on a requirement of this title. The Acting CHAIR. The gentleman is employment.’’ recognized for 5 minutes. Page 121, line 3, strike ‘‘the amendments We also reject the Republicans’ argu- made by’’. Mr. BARTON of Texas. I yield myself Page 131, beginning on line 3, strike ment because if there is one thing the such time as I may consume. ‘‘threat of contamination of drinking water American people expect us to do, it is (Mr. BARTON of Texas asked and being distributed through public water sys- to ensure that the country is protected was given permission to revise and ex- tems, including fire main systems’’ and in- from terrorism. Some facility opera- tend his remarks.) sert ‘‘threat to drinking water posed by an tors may find it inconvenient to make Mr. BARTON of Texas. Mr. Chair- intentional act of contamination, and the their facilities more secure, but, frank- man, normally, you do not object, even vulnerability of public water systems, in- ly, the security of the American people cluding fire hydrants, to such a threat’’. in the minority, to a manager’s amend- Page 151, line 24, after ‘‘cause’’ and insert is more important. ment that supposedly is a technical ‘‘, or may be reasonably anticipated to My manager’s amendment makes a manager’s amendment, technical in na- cause,’’. number of technical and clerical cor- ture, so it is unusual for myself as the Page 161, line 12, insert ‘‘provision of’’ be- rections to the amendment in the na- ranking minority member of the En- fore ‘‘law’’. ture of a substitute. My amendment ergy and Commerce Committee to rise Page 161, line 13, insert ‘‘provision of’’ be- clarifies the types of information we fore ‘‘law’’. in opposition to this particular amend- Page 161, line 25, insert ‘‘provision of’’ be- were excluding from the definition of ment. But I am doing so for one reason: fore ‘‘law’’. protected information. It is not a technical amendment. Page 162, beginning on line 3, strike ‘‘pro- Specifically, it clarifies that DHS Now, here is the manager’s amend- tected information is any of the following’’ cannot include in the definition of pro- ment; and, if you could read it, for the and insert ‘‘the term ‘protected information’ tected information any information first two to three pages, it is very tech- means any of the following’’. that, number one, is required to be Page 163, beginning on line 6, strike ‘‘de- nical. It is just changing one word here termines’’ and insert ‘‘has determined by made publicly available under any or there, or putting a sentence here, or regulation’’. other law, or information that a chem- a semicolon, or something like that. Page 163, line 15, before ‘‘would’’ insert the ical facility has lawfully disclosed But then you get down to the bottom following: ‘‘the Secretary has determined by under another law. DHS can determine the third page, and I am going to read regulation’’. by regulation that certain information this so that the distinguished chairman Strike line 20 on page 163 and all that fol- provided for compliance purposes is not lows through page 164, line 13, and insert the of the Homeland Security Committee, following: protected. This information may in- the gentleman from Mississippi, under- ‘‘(C) EXCLUSIONS.—Notwithstanding sub- clude summary data on the number of stands exactly what the opposition is. paragraphs (A) and (B), the term ‘protected facilities that have submitted site se- ‘‘Page 48, strike lines 3 through 17 information’ does not include— curity plans or the number of enforce- and insert the following:’’ ‘‘(i) information, other than a security vul- ment actions taken, so long as infor- So we are getting away from a tech- nerability assessment or site security plan, mation detrimental to chemical secu- nical amendment and you are actually that the Administrator has determined by rity is not disclosed. This clarification putting substantive policy into the regulation to be— is made in all three titles. manager’s amendment. ‘‘(I) appropriate to describe treatment ‘‘Exclusions. Notwithstanding para- works compliance with the requirements of I urge support of this clarifying this title and the Administrator’s implemen- amendment. graph 1, the term ‘protected informa- tation of such requirements; and I would also like to address an issue tion’ does not include (A) information, ‘‘(II) not detrimental to the security of one that seems to have come up yesterday. other than a security vulnerability as- or more treatment works if disclosed; or There was a question about the bill’s sessment or site security plan, that the

VerDate Nov 24 2008 06:36 Jan 30, 2010 Jkt 079060 PO 00000 Frm 00058 Fmt 7634 Sfmt 0634 E:\RECORD09\H06NO9.REC H06NO9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE November 6, 2009 CONGRESSIONAL RECORD — HOUSE H12517 Secretary has determined by regula- tleman from Massachusetts (Mr. MAR- Mr. BARTON of Texas. Mr. Chair- tion to be (i) appropriate to describe KEY). man, I demand a recorded vote, and the facility compliance with the re- Mr. MARKEY of Massachusetts. I pending that, I make the point of order quirements of this title and the Sec- thank the gentleman for his excellent that a quorum is not present. retary’s implementation of such re- work on this legislation. We are not The Acting CHAIR. Pursuant to quirements; and (ii) not detrimental to talking here about an environmental clause 6 of rule XVIII, further pro- the chemical facility security if dis- bill. We are talking about a security ceedings on the amendment offered by closed; or,’’ and this is where it gets bill. We are talking about the targets the gentleman from Mississippi will be really interesting, ‘‘(B) information, which we know al Qaeda has on their postponed. whether or not contained in the secu- target list. That’s what this whole de- The point of no quorum is considered rity vulnerability assessment, site se- bate is about. It’s to protect the Amer- withdrawn. curity plan, or in a document, record, ican people from the attempts by al PARLIAMENTARY INQUIRIES order, notice, or letter, or portion Qaeda to come back to our country and Mr. BARTON of Texas. Parliamen- thereof, described in subparagraph (B) to strike us once again, and we must tary inquiry, Mr. Chair. or (C) of paragraph (1), that is obtained protect against that attack. That’s all The Acting CHAIR. The gentleman from another source.’’ this debate is about. from Texas will state his inquiry. So what we are doing here, Mr. It’s not any attempt to have an envi- Mr. BARTON of Texas. Mr. Chair, Chairman, is saying, as the distin- ronmental agenda here at all. It is sole- would it not be parliamentarily correct guished chairman said, we don’t want ly to ensure that al Qaeda cannot at- to now call for the yeas and nays on to try to give the Department of Home- tack us in our country and to put in that vote since we requested it? land Security the ability to prevent in- place the same protections at chemical The Acting CHAIR. The yeas and formation that has already been pub- facilities that we now have at airports, nays are not available in the Com- licly disclosed by somebody we regu- that we now have at nuclear power mittee of the Whole. late as part of the site security plan. plants. That is all that this debate is Mr. BARTON of Texas. Further par- But then they are creating this new about, and I urge support for the man- liamentary inquiry, so I will have to loophole, that if a group that is not ager’s amendment propounded by Mr. ask for that when we come back into controlled by Homeland Security THOMPSON of Mississippi. the Whole House? somehow gets information, they can Mr. BARTON of Texas. Can I inquire The Acting CHAIR. Pursuant to publish it. They can put it on their how much time I have remaining. clause 6 of rule XVIII, the request for a Web site, and they’re not liable. The Acting CHAIR. Both sides have recorded vote on the amendment of- b 1345 30 seconds remaining. fered by the gentleman from Mis- They are not subject to the penalties. Mr. BARTON of Texas. I assume sissippi was postponed. That’s wrong, Mr. Chair. That’s just Chairman THOMPSON has the right to AMENDMENT NO. 2 OFFERED BY MR. BARTON OF wrong. It does it in not only one place. close? TEXAS These are three different bills that The Acting CHAIR. The gentleman The Acting CHAIR. It is now in order were merged. It goes on in other parts from Texas actually has the right to to consider amendment No. 2 printed in of the manager’s amendment and close. part B of House Report 111–327. makes those same changes in two to Mr. BARTON of Texas. Well, I will Mr. BARTON of Texas. Mr. Chair, I three other places. That’s not a tech- let Mr. THOMPSON close. have an amendment at the podium. nical manager’s amendment. That’s a In the remaining 30 seconds, let me The Acting CHAIR. The Clerk will substantive policy change that’s detri- simply say that I agree with what Mr. designate the amendment. mental to the security, in my opinion, MARKEY said, but I will also say to the The text of the amendment is as fol- of the United States of America. gentleman from Massachusetts that lows: this bill doesn’t do any of that. I wish So while it is somewhat unusual to Amendment No. 2 offered by Mr. BARTON of object to the manager’s amendment we were debating a true safety bill, a Texas: that’s portrayed as a technical amend- true antiterrorism bill, but inherently Page 43, strike lines 7 through 16, and in- ment, this is not a technical amend- safer technology deals with processes sert the following: ment—or at least those portions of it. and chemical manufacturing. It doesn’t ‘‘SEC. 2109. FEDERAL PREEMPTION. So I am very strongly in opposition to deal with real security. ‘‘No State or political subdivision thereof this. In Chairman THOMPSON’s manager’s may adopt or attempt to enforce any regula- I think on a day on which we have amendment, some of which is tech- tion, requirement, or standard of perform- another reported shooting in Orlando, nical, the part that I oppose is a glar- ance with respect to a covered chemical fa- ing creation of a loophole to give envi- cility if such regulation, requirement, or Florida, which may or may not be of a standard of performance poses obstacles to, terrorist nature, and a shooting at Fort ronmental groups and other outside hinders, or frustrates the purpose of any re- Hood, Texas, yesterday which was, we groups the ability to put information quirement or standard of performance under think, possibly of a terrorist nature, on their Web sites that’s not subject to this title. that if we’re going to have a terrorist the penalties of this bill. So I would op- Page 121, strike lines 6 through 11, and in- security bill on the floor for chemical pose the manager’s amendment. sert the following: plants and water facilities, it ought to I yield back the balance of my time. ‘‘(n) PREEMPTION.—No State or political be a real terrorist security bill. Mr. THOMPSON of Mississippi. To subdivision thereof may adopt or attempt to But the underlying bill is not about the ranking member, you are exactly enforce any regulation, requirement, or standard of performance with respect to a more guards and more physical secu- wrong on your definition. It does the covered water system if such regulation, re- rity and more computer protections, as exact opposite. It protects information, quirement, or standard of performance poses we said in the general debate yester- and that’s why we put it in there. It obstacles to, hinders, or frustrates the pur- day. The underlying bill is about en- was recommended by the Judiciary pose of any requirement or standard of per- forcing this new standard of IST, or in- Committee, and this is a security piece formance under this section. herently safer technology. In my opin- of legislation, not safety. I think if the Page 170, strike lines 17 through 22, and in- ion, it is a radical environmental bill Chair would recognize that, we would sert the following: ‘‘(m) PREEMPTION.—No State or political masquerading as a security bill. So I all be better. Mr. Chair, I yield back the balance of subdivision thereof may adopt or attempt to am strongly opposed to Mr. THOMP- enforce any regulation, requirement, or SON’s manager’s amendment because it my time. standard of performance with respect to a is a substantive policy amendment, in The Acting CHAIR. The question is treatment works if such regulation, require- my opinion, that fundamentally weak- on the amendment offered by the gen- ment, or standard of performance poses ob- ens the ostensible purpose of the bill. tleman from Mississippi (Mr. THOMP- stacles to, hinders, or frustrates the purpose With that, Mr. Chair, I reserve the SON). of any requirement or standard of perform- balance of my time. The question was taken; and the Act- ance under this section. Mr. THOMPSON of Mississippi. Mr. ing Chair announced that the ayes ap- The Acting CHAIR. Pursuant to Chair, I yield 1 minute to the gen- peared to have it. House Resolution 885, the gentleman

VerDate Nov 24 2008 06:36 Jan 30, 2010 Jkt 079060 PO 00000 Frm 00059 Fmt 7634 Sfmt 0634 E:\RECORD09\H06NO9.REC H06NO9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE H12518 CONGRESSIONAL RECORD — HOUSE November 6, 2009 from Texas (Mr. BARTON) and a Mem- My amendment is very simple. It that you should lower your standards ber opposed each will control 5 min- would replace the State’s stringency and increase the risks of the citizens? utes. standard with provisions allowing the The Acting CHAIR. The time of the The Chair recognizes the gentleman Federal Government to preempt State gentleman has expired. from Texas. and local law that ‘‘hinder, pose obsta- Mr. MARKEY of Massachusetts. I Mr. BARTON of Texas. Thank you, cles to, or frustrate the purpose of the yield 30 additional seconds to the gen- Mr. Chair. Federal program.’’ This would allow tleman from New Jersey. The merged bill that’s before us gives the Federal Government to operate a Mr. PASCRELL. The New Jersey States the right, if they want to do truly national network to fight terror Turnpike, the FBI has ruled very spe- things that are more strict or different in the same way the Armed Forces are cifically that it is the most dangerous than in the pending bill, they have the coordinated through a central com- section in the whole country. We can’t right to do that. The Federal Govern- mand. protect ourselves? The volatile chemi- ment, which normally in a bill of this Mr. Chair, I have several other writ- cals that are on that site would put a sort there would be a Federal preemp- ten comments that I will submit for million people in jeopardy, God forbid, tion standard that would preempt the RECORD, but my amendment is if something happens. We need to raise States from doing things differently straightforward. It sets a Federal pre- Federal standards, not force States to than the Federal standard, this bill emption standard as opposed to the lower theirs. We can all agree. And I sets a floor but does not set a ceiling State-by-State or local stringency just got a letter from the National on what the States can do. standard under the current bill. Governors Association in total support So the amendment that we have be- With that, I reserve the balance of of this legislation, opposed to this fore us, Mr. Chair, does create the tra- my time. amendment; and they write in the let- ditional Federal preemption in these Mr. MARKEY of Massachusetts. I ter that the bill rifely clarifies that areas. There are three sections in to- rise to claim the 5 minutes in opposi- chemical facility antiterrorism stand- day’s bill that allow State, local, or tion to the Barton amendment. ards represent a floor, not a ceiling. tribal governments to enact more The Acting CHAIR. The gentleman is Mr. BARTON of Texas. Could I in- stringent laws and regulations from recognized for 5 minutes. quire as to the time I have remaining. chemical, drinking water and waste- Mr. MARKEY of Massachusetts. Mr. The Acting CHAIR. The gentleman water treatment facilities. This is not Chair, at this time I yield 2 minutes to from Texas has 2 minutes. only a new standard for chemical secu- the gentleman from New Jersey. Mr. BARTON of Texas. I yield 1 rity legislation. It is a new standard, Mr. PASCRELL. Thank you. The sec- minute to the gentleman from Penn- and I think a troubling standard, for tion which Mr. BARTON is referring to sylvania (Mr. DENT), a distinguished comprehensive security legislation. is on page 42 of the bill and extends Where did this come from? Like minority member of the Homeland Se- over to page 43. many other provisions in this legisla- curity Committee. Mr. Chair, I rise strongly against tion, the standard is borrowed directly Mr. DENT. Mr. Chair, I just wanted Ranking Member BARTON’s amendment from Federal environmental law, the to clarify one point. I understand the to the Chemical Facility Anti-Ter- Clean Air Act, the Solid Waste Dis- sensitivities in the State of New Jer- rorism Act of 2009. It would strip State posal Act and the Superfund law, to sey. It is a great State. But I do want preemption language out of this bill. name a few. to say that New Jersey IST assess- This so-called new stringency stand- Simply put, that’s what it would do. As ments are required. Implementation of ard appears only once in the Homeland a member of the Homeland Security IST is not required. The huge cost with Security Act of 2002. In there, it relates Committee, I worked hard to secure this legislation is in the implementa- to information protection, not to secu- language in this bill that protects the tion of IST. The legislation we’re con- rity operations. Allowing State, local, rights of States to mandate higher sidering here today goes far beyond or tribal governments to be more strin- chemical security standards than the New Jersey standards and would actu- gent in the context of national secu- Federal Government. ally require an IST implementation as rity, in my opinion, is problematic be- It is bizarre that you want to take well as the assessment, which will add cause it means that there will be no that right away from the States. It is an enormous cost and put a number of certainty associated with the Federal bizarre. Most of the time, you are al- jobs at risk. I just wanted to point that standard. ways fighting that we ignore States’ out for the record. Why have a Federal standard, Mr. rights. Here is a perfect example. In Mr. MARKEY of Massachusetts. I Chair, if any State, local, or tribal gov- fact, it is very clear in the Constitu- yield myself 2 minutes. ernment can supersede it? Proving my tion of the United States of America, This is a very simple principle that point, other national security laws, in- article VI, paragraph 2: the gentleman from New Jersey has cluding nuclear, hazmat, aviation and ‘‘This Constitution, and the Laws of been making reference to. Al Qaeda port security make the Federal Gov- the United States which shall be made was in Newark, New Jersey, on Sep- ernment the dominant regulator with in Pursuance thereof; and all Treaties tember 11. Al Qaeda was in Boston on clear Federal preemption standards. made, or which shall be made, under September 11. Al Qaeda attacked New In the 111th Congress, the Democrat the Authority of the United States, York City on September 11. If the Gov- majority specifically included Federal shall be the supreme Law of the Land; ernor of New York, if the Governor of preemption provisions in both the TSA and the Judges in every State shall be Massachusetts, if the Governor of New Authorization Act and the Coast Guard bound thereby, any Thing in the Con- Jersey wishes to promulgate stronger Authorization Act of 2010. These were stitution or Laws of any State to the regulations to protect the chemical fa- both security-related legislative vehi- Contrary notwithstanding.’’ cilities in their States, that should be cles. Mr. Chair, we should not import This is a very clear violation of that. their right. environmental provisions into security I have to say that I am surprised that law. Local pollution control is obvi- the Ranking Member, who hails from b 1400 ously much different than terrorism the proud State of Texas, would now They should be making the public protection and prevention. want to infringe on the right of the safety determination. Unlike local pollution problems, se- States to take extra steps. You know These people who rushed into the curity at chemical and water facilities what’s happened in New Jersey. We World Trade Center, these first re- does require national coordination. The have been the pioneers of being first on sponders, they’re firemen, they’re po- principle is simple: national problems this issue. We have stringent rules. No licemen from the local community. should have national solutions. This is part of the chemical industry has op- They’re health care workers from the why Federal preemption has always posed those rules. There is not one local community. They’re heroes. But been the norm in aviation security, nu- chemical facility that is opposed to while waiting for the Federal Govern- clear security, hazardous materials what has gone on in the State of New ment to come, it is the local public transportation security, and port secu- Jersey. What right does the Federal safety people who have to respond. If rity. Government have to come in and say they want to put stronger protections

VerDate Nov 24 2008 06:36 Jan 30, 2010 Jkt 079060 PO 00000 Frm 00060 Fmt 7634 Sfmt 0634 E:\RECORD09\H06NO9.REC H06NO9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE November 6, 2009 CONGRESSIONAL RECORD — HOUSE H12519 around these facilities, knowing that al The Acting CHAIR. The question is mentation of the act so that they may Qaeda was there on September 11th al- on the amendment offered by the gen- update their emergency planning and ready, that that is where the attack tleman from Texas (Mr. BARTON). training procedures. emanated from, they should have their The question was taken; and the Act- I know that Chairman THOMPSON right. That is why the National Gov- ing Chair announced that the noes ap- would agree with the fact that many ernors Association opposes this amend- peared to have it. facilities that will be designated with ment. They should have, as the highest Mr. BARTON of Texas. Mr. Chair- significant risk through the implemen- public safety official in their States, man, I demand a recorded vote. tation of this legislation lie in commu- the right to determine how much pro- The Acting CHAIR. Pursuant to nities of significant economic need and tection they give to their citizens, how clause 6 of rule XVIII, further pro- vulnerability to chemical and contami- much extra measure of safety they give ceedings on the amendment offered by nant exposure. For this reason, many for their policemen, for their firemen, the gentleman from Texas will be post- of such areas are characterized as envi- for their public health officials who poned. ronmental justice communities. It is will have to rush in in the aftermath of AMENDMENT NO. 3 OFFERED BY MR. HASTINGS necessary that these communities be a successful attack. OF FLORIDA better empowered to strategically plan I urge a ‘‘no’’ vote on the Barton The Acting CHAIR. It is now in order for potential chemical releases and se- amendment. to consider amendment No. 3 printed in curity risks. Mr. Chairman, I reserve the balance part B of House Report 111–327. The fact is incidents like the 1984 of my time. Mr. HASTINGS of Florida. Mr. Chair- methyl isocyanate released from a Mr. BARTON of Texas. Mr. Chair- man, I have an amendment at the desk. chemical facility in Bhopal, India con- man, I yield myself the balance of my The Acting CHAIR. The Clerk will tinue to happen throughout the United time. designate the amendment. States on a smaller scale. Until we en- My friends, let’s be clear. I oppose The text of the amendment is as fol- force chemical release regulations and the underlying bill. I’m going to vote lows: take aggressive steps to protect vulner- ‘‘no’’ on the underlying bill. But if ASTINGS able environmental justice commu- we’re going to have a Federal bill, we Amendment No. 3 offered by Mr. H of Florida: nities, they will be at even greater risk ought to have a Federal bill. It should Page 65, after line 2, insert the following: for acts of terror. preempt the States. ‘‘(d) OUTREACH SUPPORT.— My friends on the other side are try- Also, the amendment designates a ‘‘(1) POINT OF CONTACT.—The Secretary specific point of contact for inter- ing to have it both ways. You want a shall designate a point of contact for the Ad- Federal bill that does lots of things ministrator of the Environmental Protection agency coordination to ensure greater that I don’t support, but then you want Agency, and the head of any other agency transparency when it comes to our to let the States that want to to go be- designated by the Secretary, with respect to oversight responsibilities as Members yond the Federal bill. If that’s the the requirements of this title. of Congress. This adjustment will en- case, you don’t need a Federal bill. I’d ‘‘(2) OUTREACH.—The Secretary shall, as sure that all agencies invoked by this appropriate, and in accordance with this legislation will cooperate as closely as be happy to let each State decide what title, inform State emergency response com- they wanted to do. possible. missions appointed pursuant to section 301(a) I appreciate the opportunity to offer I would point out to my good friend of the Emergency Planning and Community from New Jersey, who was such an ex- Right-To-Know Act of 1986 (42 U.S.C. 11001) this amendment, and I urge my col- cellent baseball player in our congres- and local emergency planning committees leagues to support the amendment and sional baseball game, that what has to appointed pursuant to section 301(c) of such the underlying legislation. be implemented in this bill is stronger Act, and any other entity designated by the Mr. Chairman, I reserve the balance than what currently exists in New Jer- Secretary, of the findings of the Office of of my time. sey. But if we don’t accept the Barton Chemical Facility Security so that such Mr. DENT. Mr. Chairman, I seek to commissions and committees may update claim time in opposition to the amend- amendment, New Jersey could go be- emergency planning and training procedures. yond what’s in this bill. And, again, if ment, though I am not necessarily op- The Acting CHAIR. Pursuant to you’re going to have a Federal system posed to the amendment. House Resolution 885, the gentleman for security, it should be a Federal sys- The Acting CHAIR. Without objec- from Florida (Mr. HASTINGS) and a tem. tion, the gentleman from Pennsylvania So I very respectfully ask my friends Member opposed each will control 5 is recognized for 5 minutes. on the majority to accept the Barton minutes. There was no objection. amendment, and if we are going to The Chair recognizes the gentleman Mr. DENT. This amendment requires have a Federal standard within a Fed- from Florida. the Secretary of Homeland Security to eral bill, let’s have a Federal standard Mr. HASTINGS of Florida. Mr. Chair- establish a point of contact with the in a Federal bill. man, I will be brief. I once again thank Administrator of the EPA. The amend- I ask for a ‘‘yes’’ vote on the Barton Chairman BENNIE THOMPSON for offer- ment also requires the Secretary to no- amendment. ing this vital legislation, and I thank tify State and local emergency plan- Mr. Chairman, I yield back the bal- him for supporting this amendment. ning committees of findings that may ance of my time. As Vice Chair of the House Perma- be necessary to update their emergency Mr. MARKEY of Massachusetts. Mr. nent Select Committee on Intelligence, plans. This amendment certainly en- Chairman, I yield the balance of my I commend the recognition of the po- courages the sharing of information time to the gentleman from New Jer- tential risks associated with our chem- with the appropriate people at the sey (Mr. PASCRELL). ical manufacturing and water treat- State and local level, those responsible Mr. PASCRELL. Mr. Chairman, this ment infrastructure. Securing these in- for developing emergency planning and amendment is written so imprecisely dustries is vital not only to America’s training procedures. And while the bill that it could preempt the rights of economic viability, it is essential to envisions this type of information States and localities to pass or enforce the human security of surrounding sharing, the amendment certainly any State regulation or standard that communities. makes it explicit. Additionally, this applies to a chemical facility, such as My amendment will strengthen the bill requires a single point of contact worker safety laws or even zoning laws. Office of Chemical Facility Security for the EPA Administrator. Try that on for size. One could even created by designating a specific point Knowing how bad bureaucracy can read the language as prohibiting States of contact for interagency coordination be, we certainly understand the need of from passing stronger drinking water with the Environmental Protection legislating communication between standards. Agency and other agencies. This two agencies and ensuring that State This is an unacceptable infringement amendment also requires the Secretary and local first responders are included on the right of States. I urge my col- to proactively inform State Emergency in these information-sharing regimes. leagues to vote ‘‘no’’ on this amend- Response Commissions and Local And I should point out that my good ment. Please vote ‘‘no’’ on this amend- Emergency Planning Committees friend Mr. PASCRELL from New Jersey ment. about activities related to the imple- has a smile on his face still from the

VerDate Nov 24 2008 06:36 Jan 30, 2010 Jkt 079060 PO 00000 Frm 00061 Fmt 7634 Sfmt 0634 E:\RECORD09\H06NO9.REC H06NO9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE H12520 CONGRESSIONAL RECORD — HOUSE November 6, 2009 New York Yankees’ victory over my the bill is a so-called solution in search lished has led the Secretary of Home- Philadelphia Phillies. I had to get that of a problem. land Security to state on the record off my chest after the ribbing you gave The majority will argue that chem- that it was an unachievable goal. A me yesterday, along with our good ical facilities need to be secure. We Democrat-imposed 100 percent aviation friend Mr. KING. And, again, congratu- agree. That’s why we acted swiftly 3 cargo-scanning mandate legislated be- lations. It still hurts. I’m a Phillies years ago to give the Department of fore any feasibility studies were com- fan. Homeland Security the regulatory au- pleted has led the Acting Adminis- Mr. Chairman, I yield back the bal- thority it needed to secure them. In trator of the TSA to state on the ance of my time. the 3 years since, the Department has record that it cannot be done. Requir- Mr. HASTINGS of Florida. Mr. Chair- taken steps to implement that author- ing costly IST assessments and manda- man, I yield the balance of my time to ity, but it is far from complete. tory implementation and then study- the distinguished subcommittee Chair, As of last week, the Department of ing its effect on the agricultural sector Mr. PASCRELL. Homeland Security had not reviewed and small business is equally ill-ad- Mr. PASCRELL. Mr. Chair, this two-thirds of the over 6,000 security vised. amendment I support gives effective vulnerability assessments it required If it isn’t broken, don’t fix it. And as coordination, which we certainly had regulated facilities to submit based on Chairman THOMPSON said, the Depart- been lacking, between the Department regulations it issued in June of 2007. ment of Homeland Security is doing a of Homeland Security and Environ- The addition of drinking water and ‘‘good job.’’ Let them finish their work, mental Protection Agency in carrying wastewater facilities by titles II and III learn from the process, and consider out the requirements of the bill. In of this bill will double the 6,000 secu- this legislation. committee, we worked to require the rity vulnerability assessments already Mr. Chairman, I reserve the balance Department of Homeland Security, Mr. required by the Department. We are of my time. Chairman, to alert State Homeland ad- asking too much of the Department too b 1415 visers on any chemical security emer- soon. gencies. This is a big relief, as my The bill proposes to nearly double Ms. JACKSON-LEE of Texas. Mr. friend from Pennsylvania said. And I the Department’s workload. The De- Chairman, I rise to claim the time in want to reiterate and support his words partment should be allowed to fully opposition. that this will be a great big help to implement its existing regulatory au- The Acting CHAIR. The gentlewoman first responders all across this United thority. By all accounts, including is recognized for 5 minutes. States of America. those of the Democratic majority, the Ms. JACKSON-LEE of Texas. Mr. The Acting CHAIR. The question is Department is doing an excellent job Chairman, first of all, let me thank on the amendment offered by the gen- implementing its current regulatory Chairman THOMPSON for years of com- tleman from Florida (Mr. HASTINGS). framework. mitment to this process, listening to The amendment was agreed to. In the committee hearing on the sub- our friends from the other side of the AMENDMENT NO. 4 OFFERED BY MR. DENT ject this past June, Chairman THOMP- aisle. Frankly, I remember sitting in The Acting CHAIR. It is now in order SON stated, ‘‘As a close observer, I give Cannon room 311 when we were in the to consider amendment No. 4 printed in credit to the Department for the good minority and the cooperation we part B of House Report 111–327. job it has done so far in promulgating worked through when we were dealing Mr. DENT. Mr. Chairman, I offer an and enforcing the CFATS regulations.’’ with our farmers. Each step of the way, amendment. We agree with him. we made efforts to be responsive to the The Acting CHAIR. The Clerk will Why are we here today looking to security of the Nation and the ele- designate the amendment. make significant and costly changes to ments to which my good friends speak The text of the amendment is as fol- the manner in which the Department is of. lows: regulating chemical facilities if, as the Let me also mention our other col- laborators, Energy and Commerce, Amendment No. 4 offered by Mr. DENT: chairman himself has said, the Depart- Page 2, beginning on line 1, strike title I ment is doing a ‘‘good job’’? Chairman MARKEY, and my sub- and insert the following (and conform the Despite the fact that the Department committee of Transportation and In- table of contents accordingly): has yet to conduct a single onsite in- frastructure which had any number of TITLE I—CHEMICAL FACILITY SECURITY spection, not a single one, the majority hearings to answer the question: Why? SEC. 101. SHORT TITLE. seeks to halt the progress the Depart- So I stand here today in the backdrop This Act may be cited as the ‘‘Chemical ment has made and start over with new of recognizing the importance of secur- Facility Security Authorization Act of 2009’’. costly and burdensome requirements. ing the Nation. And I am proud to have SEC. 102. EXTENSION OF AUTHORITY OF SEC- This amendment maintains the cur- co-authored H.R. 2868 and to pass it RETARY OF HOMELAND SECURITY rent authorizing language, requiring through the subcommittee I chair, be- TO REGULATE THE SECURITY OF security vulnerability assessments, fore full committee. CHEMICAL FACILITIES. Might I just indicate for a moment Section 550(b) of the Department of Home- site security plans, and enforcement. land Security Appropriations Act, 2007 (Pub- But it does not include costly IST as- that I come from Texas, and I would be lic Law 109–295; 6 U.S.C. 121 note) is amended sessments or mandatory implementa- remiss not to acknowledge the devasta- by striking ‘‘three years after the date of en- tion that will cost Americans their tion of yesterday. Of course, we have actment of this Act’’ and inserting ‘‘on Octo- jobs. It does not include civil suit pro- heard of another tragedy today in Flor- ber 1, 2012’’. visions that would allow any person, ida. But my sympathy to the families The Acting CHAIR. Pursuant to whether in Peoria or Pakistan, the au- of the 13 dead and 31 wounded. Never House Resolution 885, the gentleman thority to sue the Secretary and the again. That is why we stand here today from Pennsylvania (Mr. DENT) and a Department of Homeland Security. It as Homeland Security members. Member opposed each will control 5 does not include weakened information The gentleman’s amendment would minutes. protection language that makes pros- extend the current chemical security The Chair recognizes the gentleman ecution for unauthorized disclosures program for another 3 years without from Pennsylvania. nearly impossible. any of the security enhancements we Mr. DENT. Mr. Chairman, I am offer- This amendment would maintain the included in H.R. 2868. ing this amendment on behalf of myself drinking and wastewater security ti- Section 550 of the fiscal year 2007 ap- and Mr. OLSON. tles of the bill. When will the Demo- propriations, a provision that the gen- This amendment would simply strike cratic leadership recognize that mov- tleman from Pennsylvania is seeking title I and extend the Department’s ing precipitously in unchartered terri- to extend, was just a page-and-a-half current regulatory authority until Oc- tory through legislation is ill-advised long and had many deficiencies. He is tober 2012. Simply, it extends the cur- and a rush to judgment? A Democrat- eliminating the inherently secure tech- rent CFATS regulations until 2012. imposed 100 percent maritime cargo- nology for chemical facilities, the very This amendment addresses the larg- scanning mandate legislated before the facilities that are in the eye of the est problem of the underlying bill, that results of a pilot program were pub- storm. He apparently does not believe

VerDate Nov 24 2008 06:36 Jan 30, 2010 Jkt 079060 PO 00000 Frm 00062 Fmt 7634 Sfmt 0634 E:\RECORD09\H06NO9.REC H06NO9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE November 6, 2009 CONGRESSIONAL RECORD — HOUSE H12521 it is important to protect workers, to guished cosponsor of this amendment, them some time. The Department of improve the program so that the defi- the gentleman from Texas (Mr. OLSON). Homeland Security has not spoken in ciencies in the current chemical facili- Mr. OLSON. I thank the gentleman support of this legislation in its en- ties security program by including pro- for yielding, and I thank him for spon- tirety. Again, this bill is a solution in visions that strengthen enforcement to soring this amendment with me and for search of a problem. Please accept the provide workers subject to background his leadership on this issue. Dent-Olson amendment that is a rea- checks with access to adequate redress Two years ago, the Department of sonable approach, accepting the regu- and strengthen whistleblower protec- Homeland Security began developing lations that we just approved as part of tions. the chemical facility anti-terrorism the Homeland Security appropriations Our challenge is to be fair. This legis- standards, and since that time DHS has bill. So let’s do that. It is the right way lation is fair. We must pass H.R. 2868. implemented an objective, risk-based to go. Mr. Chair, I rise to claim time in opposition approach to regulating chemical facili- I yield back the balance of my time. to the amendment offered by the gentleman ties. This includes a risk-based tiering Ms. JACKSON-LEE of Texas. Mr. from Pennsylvania. system for chemical plants and re- Chairman, I rise again to oppose this Mr. Chair, I oppose this amendment. quires them to implement specific se- amendment. The gentleman’s amendment would extend curity measures in accordance with Mr. Chairman, we have worked for 4 the current chemical security program for an- their level of risk. years on this legislation. Can you other 3 years without any of the security en- While much progress has been made, imagine 2009 to 2012, 7 years to put the hancements we included in H.R. 2868. I urge much remains to be done. Instead of al- American people in jeopardy. The De- my colleagues to oppose it. lowing the work to be completed prop- partment of Homeland Security is for The Department of Homeland Security set erly, the majority wishes to rush to so- this legislation, and the approach that up the Chemical Facility Anti-Terrorism Stand- lutions and mandate that DHS scrap our friends are using is no substitute ards in 2007 when DHS was granted narrow the current program and start over. for the comprehensive authorization authority in an appropriations bill to regulate Such a move would take 2 years of hard legislation that moved through regular security at most chemical plants. work and throw it out the window. order in the relevant committees this Section 550 of the Fiscal Year 2007 Appro- Our amendment is simple: Extend the year. current risk-based regulations through priations Act—the provision that the gentleman H.R. 2868 is a product of years of 2012 and let the professionals do their from Pennsylvania is seeking to extend—was work by multiple committees and ex- job. Nothing more, nothing less. tensive input from the chemical indus- just 14 lines long and had many deficiencies. I urge Members to support the Dent- It is no substitute for the comprehensive au- try. Let me cite for you the letter from Olson amendment. thorization legislation that moved through reg- Ms. JACKSON-LEE of Texas. I re- the American Chemistry Council which ular order in the relevant committees this year. serve the balance of my time. represents the largest chemical compa- H.R. 2868 is the product of years of work by Mr. DENT. Mr. Chairman, I yield the nies. They said, in a letter to Energy multiple committees and extensive input from balance of my time to the gentleman and Commerce, ‘‘H.R. 2868 is the appro- the chemical industry, water sector, Depart- from Michigan (Mr. UPTON). priate vehicle for ensuring a permanent ment of Homeland Security, and Environ- Mr. UPTON. I want to say, as a mem- CFATS program.’’ CropLife America mental Protection Agency, as well as environ- ber of the Energy and Commerce Com- and the National Council of Farmer Co- mental and labor organizations. mittee, when we had hearings on this operatives share the same view. We have the responsibility to the public, the issue, we learned from the Homeland So what are my colleagues sug- private sector, and the Department to provide Security folks that there were no in- gesting? They want us to shortchange comprehensive, clear congressional guidance spections. They had not conducted one the American people. I stood here with about how this program should be executed. single inspection during the time they all of the solemnness that I could, The gentleman’s amendment ignores our re- had this authority before them. when the House recognized those lost sponsibility to respond to what we have We know that chemical companies at Fort Hood. Others at Fort Hood were learned and to make improvements to the pro- across the country have invested more wounded in my home State. We mourn gram that the Bush and Obama administra- than $18 billion to try to make sure them, we honor them, but we have the tions requested. It just kicks the can down the that their places are secure. We heard responsibility to stand on their side. road another three years. the terrible news this morning about Just as we have to get to the bottom H.R. 2868 addresses acknowledged defi- unemployment going up to 10.2 per- of the tragedy at Fort Hood, Texas, we ciencies in the current chemical facility secu- cent. We have lost one in five manufac- have to get to the bottom of realizing rity program by including provisions that turing jobs in the last year and a half. that it is on our table to ensure that strengthen enforcement, provide workers sub- There is almost 12 percent unemploy- whistleblowers are protected, as pro- ject to background checks with access to ade- ment in manufacturing. How is this vided for in H.R. 2868 to make sure that quate redress, and strengthen whistleblower going to help us keep more job? They inherently safer technologies are used protections. are going to leave. Those companies in chemical facilities, and, yes, that It also requires the assessment, and, in are going to look at the added expenses jobs are not lost. But jobs will not be some cases, implementation of safer tech- that they are going to have, and they lost when you improve technology. You nologies. are going to move like you know to will become more efficient, and you If we merely extend the current program, we other countries and other places and will protect not only the water and will sacrifice all of these improvements and ig- those jobs are going to be lost. wastewater systems in our commu- nore the countless hours of discussion and So I would like to think that we will nities but you will have workers work- testimony that highlighted the need to learn our lesson. We can have the in- ing in safe, productive chemical facili- strengthen this program in several key areas. spections and go through what is right ties that will be part of the economic The American Chemistry Council, which and what is wrong. I would urge my engine. represents the largest chemical companies, colleagues to accept this amendment Jobs are important. But so is the se- said in a letter to the Energy and Commerce offered by Mr. DENT so we can bring curity of this Nation. That is what this Committee that, and I quote, ‘‘H.R. 2868 is the some reasonableness to the issue. particular committee has done over a appropriate vehicle for ensuring a permanent Mr. DENT. Mr. Chairman, in closing, 4-year period. We have worked in con- CFATS program.’’ CropLife America and the I just want to say once again, I think sultation with those in business as well National Council of Farmer Cooperatives extending these CFATS regulations as those in law enforcement. I don’t share this view. until 2012 is a reasonable approach. The know how we can stand here and op- It is time for us to pass comprehensive leg- Department of Homeland Security is pose the Department of Homeland Se- islation to address chemical facility security in doing a good job with these regula- curity’s Department that supports us this country. tions. We need to give them more time moving forward on this legislation, the I reserve my time at this time, as to implement the existing regulations Chemical Facility Anti-Terrorism Act this debate proceeds. that will require security assessments. 2009. Mr. DENT. Mr. Chairman, I would As we said, 2,000 of the 6,000 required I ask my colleagues, consider the fact like to yield 11⁄2 minutes to the distin- have been completed. So let’s give of what their responsibility is. Their

VerDate Nov 24 2008 06:36 Jan 30, 2010 Jkt 079060 PO 00000 Frm 00063 Fmt 7634 Sfmt 0634 E:\RECORD09\H06NO9.REC H06NO9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE H12522 CONGRESSIONAL RECORD — HOUSE November 6, 2009 responsibility again is to stand with dorse this bill. They do not support the over $1 million for the assessment. those who we have to secure. I think bill. To be very clear about that, they Fifty-nine percent of the facilities reg- that the Dent-Olson amendment, my do not support this legislation. ulated under current CFATS regula- good friends on the committee have Now, with respect to the Dent-Aus- tions that would be required to conduct good intentions, but those intentions tria amendment that we are talking these costs assessments employ 50 or are quashed by the responsibility that about now, this amendment would fewer employees. we have and the long work that we strike the IST provisions in the bill. Mandating IST will be devastating have done to ensure inherently safer IST is inherently subjective and with- for small businesses. According to a technologies for chemical facilities. out a widely accepted definition. When California fertilizer manufacturer, I ask my colleagues to oppose the the Department of Homeland Secu- eliminating the use of anhydrous am- amendment, again, in response to se- rity’s subject matter expert on IST was monia and substituting it with urea curing America. specifically asked what IST was, she can cost a 1,000 acre farm up to $15,000 I yield back the balance of my time. responded, ‘‘There’s enough debate in per application. This would be a recur- The Acting CHAIR. The question is industry and academia that I can’t ring cost passed to the consumer. on the amendment offered by the gen- take a position on that very topic.’’ b 1430 tleman from Pennsylvania (Mr. DENT). The Deputy Under Secretary respon- The question was taken; and the Act- sible for overseeing the program stated As we heard earlier, in the current ing Chair announced that the noes ap- unequivocally that the Department state of our economy, small businesses peared to have it. had no staff—no staff—capable of con- relying on chemicals simply may not Mr. DENT. Mr. Chairman, I demand a ducting an IST assessment. survive. Today, the Department of recorded vote. Under direct questioning, Deputy Labor announced that unemployment The Acting CHAIR. Pursuant to Under Secretary Reitinger made it has reached 10.2 percent. Does anybody clause 6 of rule XVIII, further pro- very clear that neither the fiscal year in this Chamber expect that unemploy- ceedings on the amendment offered by 2009 nor the fiscal year 2010 budget in- ment figure to go down any time soon? the gentleman from Pennsylvania will cluded any funding to hire the nec- We hope it does, but this is not going be postponed. essary expertise to review IST assess- to help. ‘‘If I were to build a 20-foot high, 20- AMENDMENT NO. 5 OFFERED BY MR. DENT ments and recommend alternative foot thick concrete barricade that sur- The Acting CHAIR. It is now in order methods for complex engineering proc- esses. rounded my facility on all sides, uti- to consider amendment No. 5 printed in lized the most state-of-the-art intru- part B of House Report 111–327. Again, under direct questioning, most of the witnesses considered IST sion detection systems and was better Mr. DENT. Mr. Chairman, I rise for protected than the White House, this the purpose of offering an amendment. unnecessary, with the Department’s witness adding that the facilities can legislation would still require me to The Acting CHAIR. The Clerk will conduct an IST assessment and poten- designate the amendment. and are already doing IST. Clearly, no one at DHS is in a posi- tially implement the findings of that The text of the amendment is as fol- assessment.’’ lows: tion to dictate to a wide range of facili- ties what engineering process or chemi- Let me close by quoting sub- Amendment No. 5 offered by Mr. DENT: committee chairman and chief sponsor, Page 25, line 12, strike ‘‘, including the re- cals should be used to make plastics, prescription drugs, or computer chips. Mr. MARKEY, who stated at the Energy quirements under section 2111’’. and Commerce Committee on the Page 46, line 18, strike ‘‘, including any as- Despite its fancy labeling, and its in- sessment required under section 2111’’. clusion in a security bill, IST is not markup on October 21 of the proposed Page 48, beginning on line 18, strike the about security and may simply shift legislation, ‘‘The safer technology re- proposed section 2111 and redesignate the the security risk. quirement is not about bolstering secu- proposed sections 2112 through 2120 as sec- A decision to keep fewer chemicals rity.’’ If it’s not about security, why is tions 2111 through 2119, respectively. on site will likely require more fre- IST in the bill? Why are we asking the Pg 87, line 4, strike ‘‘, of which up to smallest of small businesses to pay for $3,000,000 shall be made available for grants quent shipments of chemicals. This in- creases the risk of an attack on the it? authorized under section 2111(c)(1)’’. Mr. Chairman, I reserve the balance Pg 87, line 10, strike ‘‘, of which up to transportation of the chemicals or an of my time. $3,000,000 shall be made available for grants accident releasing the substances of Mr. MARKEY of Massachusetts. Mr. authorized under section 2111(c)(1)’’. concern into neighborhoods outside the Chairman, I rise to claim the time in Pg 87, line 16, strike ‘‘, of which up to security perimeters. opposition. $3,000,000 shall be made available for grants It would be foolish to mandate IST in authorized under section 2111(c)(1)’’. The Acting CHAIRMAN. The gen- Page 88, in the proposed amendment to the this bill when there is so much uncer- tleman is recognized for 5 minutes. table of contents of the Homeland Security tainty and lack of expertise in the De- Mr. MARKEY of Massachusetts. I Act of 2002, strike the item relating to sec- partment. yield 30 seconds to the gentlelady from tion 2111 and redesignate the items relating Finally, and most importantly, IST Texas. to sections 2112 through 2120 as items relat- will cost American jobs. Let me say Ms. JACKSON-LEE of Texas. I thank ing to sections 2111 through 2119, respec- that again: IST will cost American the distinguished gentleman for his on- tively. jobs. With the national unemployment going leadership. The Acting CHAIR. Pursuant to rate at 10.2 percent, and rising, can we Let me just cite the language out of House Resolution 885, the gentleman really afford unnecessary congressional the letter that my dear friend just from Pennsylvania (Mr. DENT) and a mandates that provide little security? read: ‘‘The Chemical Facility Anti-Ter- Member opposed each will control 5 Conducting an IST assessment will rorism Act of 2009, H.R. 2868, is the ap- minutes. be costly, too costly for many small propriate vehicle for ensuring a perma- The Chair recognizes the gentleman businesses to afford. Experts estimate nent CFATS program.’’ We’ve answered from Pennsylvania. that a simple one-ingredient substi- that question. Mr. DENT. Mr. Chairman, I want to tution would take two persons 2 weeks And, secondarily, it’s not a notion point out, too, for the record, the to complete and cost between $10,000 because Clorox announced its plans to American Chemistry Council, just ref- and $40,000, and that is on the low end. begin transitioning U.S. operations to erenced a moment ago by the gentle- A pharmaceutical pilot plant with high-strength bleach and to be able to woman from Texas (Ms. JACKSON-LEE), about 12 products would take three to use inherently safer technologies. in a letter dated October 20, the ACC six persons up to 10 weeks to complete What we are speaking about today, basically said that the IST provisions an assessment at a cost of $100,000 to a this is a way of creating jobs, in a se- which authorize DHS to order the man- half million dollars. cure environment but also it is a way datory implementation of IST have Larger facilities with particularly of securing America. proven the most difficult issue on hazardous chemicals already regulated Mr. Chair, I rise to claim time in op- which to find common ground and the by OSHA would require 8 to 10 people 6 position to the amendment offered by primary reason ACC is unable to en- months or more to complete, and cost the gentleman from Pennsylvania.

VerDate Nov 24 2008 06:36 Jan 30, 2010 Jkt 079060 PO 00000 Frm 00064 Fmt 7634 Sfmt 0634 E:\RECORD09\H06NO9.REC H06NO9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE November 6, 2009 CONGRESSIONAL RECORD — HOUSE H12523 Mr. Chair, I oppose this amendment. begin transitioning from chlorine to high- months of serious, constructive dialog that The gentleman’s amendment would strength bleach as a raw material for mak- has, I believe, resulted in important im- extend the current chemical security ing its namesake bleach. provements to H.R. 2868. For example: Employee participation and training provi- program for another 3 years without ‘‘This decision was driven by our commit- ment to strengthen our operations and add sions were modified to make them more con- any of the security enhancements we another layer of security,’’ said Chairman sistent with existing company programs, to included in H.R. 2868. I urge my col- and CEO Don Knauss. ensure that employee representatives possess leagues to oppose it. Clorox will start with its Fairfield, Calif., the necessary knowledge or experience to The Department of Homeland Secu- plant. The company expects to complete the work on Security Vulnerability Assessments rity set up the Chemical Facility transition there within six months, followed or Site Security Plans, and to help provide AntiTerrorism Standards in 2007 when by a phased, multiyear transition for six ad- proper protections for security sensitive in- DHS was granted narrow authority in ditional plants. formation. ‘‘This process requires significant exper- Unannounced inspections would be per- an appropriations bill to regulate secu- tise, training, and changes in infrastructure formed using a more meaningful measure, rity at most chemical plants. and equipment,’’ Knauss said. ‘‘Our plant-by- and in a manner that would not significantly Section 550 of the Fiscal Year 2007 plant approach will also enable us to apply interfere with regular operations. Appropriations Act—the provision that what we learn along the way, ensure supply Significant provisions concerning MTSA the gentleman from Pennsylvania is availability, minimize business disruptions facilities were added, ensuring that the seeking to extend—was just a page and and help make sure the transition is under- United States Coast Guard maintains, in its a half long and had many deficiencies. taken in the most effective manner pos- role as guardian of our ports, the lead regu- It is no substitute for the comprehen- sible.’’ lator role, and limiting any possible duplica- ‘‘Clorox leads our industry in safety and tion of the efforts that would result from the sive authorization legislation that security,’’ Knauss said. ‘‘Our bleach plant harmonization of MTSA and CFATS require- moved through regular order in the rel- employees are experts at handling chlorine, ments. evant committees this year. H.R. 2868 and we’re proud of the fact that we’ve used it The civil lawsuit provision was appro- is the product of years of work by mul- responsibly for our entire 96-year history. priately modified so that chemical compa- tiple committees and extensive input Even so, we’re pleased to begin imple- nies would not be subject to civil actions from the chemical industry, water sec- menting this process change to make our brought by private citizens. The modifica- tor, Department of Homeland Security, products using high-strength bleach.’’ tion helps prevent the disclosure of sensitive THE CLOROX COMPANY security information and leaves enforcement and Environmental Protection Agency, authority in the hands of DHS and its secu- The Clorox Company is a leading manufac- as well as environmental and labor or- rity professionals. ACC can, therefore, sup- turer and marketer of consumer products ganizations. port this modified provision. with fiscal year 2009 revenues of $5.5 billion. We have the responsibility to the The IST provisions, which authorize DHS Clorox markets some of consumers’ most to order the mandatory implementation of public, the private sector, and the De- trusted and recognized brand names, includ- IST, have proven the most difficult issue on partment to provide comprehensive, ing its namesake bleach and cleaning prod- which to find common ground, and are the clear congressional guidance about how ucts, Green Works natural cleaners, Armor primary reason ACC is unable to endorse the this program should be executed. All and SIP auto-care products, Fresh bill. ACC members are concerned that pro- Step and Scoop Away cat litter, The gentleman’s amendment ignores viding government with authority to direct Kingsford charcoal, Hidden Valley, and K our responsibility to respond to what process changes or product substitutions C Masterpiece dressings and sauces, Brita, we have learned and to make improve- could result in making critical products un- water-filtration systems, Glad bags, wraps ments to the program that the Bush available throughout our economy, with po- and containers, and Burt’s Bees’ natural tentially significant impact on our compa- and Obama administrations requested. personal care products. With approximately nies and our customers. We acknowledge, It just kicks the can down the road an- 8,300 employees worldwide, the company however, that certain modifications made in other three years. manufactures products in more than two the manager’s amendment reflect input from H.R. 2868 addresses acknowledged de- dozen countries and markets them in more ACC and its members and direct DHS to than 100 countries. Clorox is committed to ficiencies in the current chemical facil- focus on risk. Further, the creation of an making a positive difference in the commu- ity security program by including pro- IST technical appeal process which factors nities where its employees work and live. visions that strengthen enforcement, unique facility characteristics into the DHS Founded in 1980, The Clorox Company Foun- provide workers subject to background decision making process recognizes that IST dation has awarded cash grants totaling implementation is a complicated and com- checks with access to adequate redress, more than $77 million to nonprofit organiza- plex issue faced by our companies. and strengthen whistleblower protec- tions, schools and colleges. In fiscal 2009 tions. After 9/11, ACC and many others in the alone, the foundation awarded $3.6 million in chemical industry stepped up and imple- It also requires the assessment, and, cash grants, and Clorox made product dona- mented serious, stringent security programs in some cases, implementation of safer tions valued at $7.8 million. For more infor- at their facilities before there was any gov- technologies. mation about Clorox, visit ernment direction. To date, ACC members If we merely extend the current pro- www.TheCloroxCompany.com. have invested nearly $8 billion in security gram, we will sacrifice all of these im- enhancements under our own Responsible AMERICAN CHEMISTRY COUNCIL, provements and ignore the countless Care Security Code. We remain committed Arlington, VA, October 20, 2009. to working with this committee, the Con- hours of discussion and testimony that Hon. HENRY WAXMAN, highlighted the need to strengthen this gress, and the Administration to move for- Chairman, Committee on Energy and Commerce, ward with a strong, smart regulatory pro- program in several key areas. House of Representatives, Washington, DC. gram to protect our facilities, our employ- The American Chemistry Council, DEAR CHAIRMAN WAXMAN: The American ees, the communities in which we operate, which represents the largest chemical Chemistry Council (ACC) strongly supports and the products we supply throughout our companies, said in a letter to the En- DHS’ existing Chemical Facility Anti-Ter- economy. ergy and Commerce Committee that, rorism Standards (CFATS). The program Sincerely, should be made permanent and DHS should CAL DOOLEY, and I quote, ‘‘H.R. 2868 is the appro- be given adequate resources to fully imple- priate vehicle for ensuring a permanent President and CEO. ment and enforce the regulations. The Chem- Mr. MARKEY of Massachusetts. I CFATS program.’’ CropLife America ical Facility Anti-Terrorism Act of 2009, H.R. and the National Council of Farmer Co- 2868, is the appropriate vehicle for a perma- thank the gentlelady. operatives share this view. nent CFATS program. As the full Energy and Can we get a review of where we are It is time for us to pass comprehen- Commerce Committee prepares to mark up in time, Mr. Chairman. sive legislation to address chemical fa- H.R. 2868, I want to provide you with ACC’s The Acting CHAIR. The gentleman cility security in this country. views on the bill. from Pennsylvania has 30 seconds re- First, I want to commend you, Sub- maining and the gentleman from Mas- CLOROX ANNOUNCES PLANS TO BEGIN committee Chairman MARKEY and your sachusetts has 41⁄2 minutes remaining. TRANSITIONING U.S. OPERATIONS TO HIGH- staffs for the willingness to invite and con- STRENGTH BLEACH Mr. MARKEY of Massachusetts. Mr. sider our views. While ACC is unable to en- Chairman, I yield 2 minutes to the gen- OAKLAND, Calif., Nov. 2, 2009.—The Clorox dorse H.R. 2868 due primarily to concerns Company (NYSE: CLX) today announced over the potential impact of the authority tleman from New Jersey (Mr. that it plans to begin modifying manufac- granted to DHS to mandate the implementa- PASCRELL). turing processes in its U.S. bleach oper- tion of inherently safer technology (IST), the Mr. PASCRELL. I must remind my ations. The initiative calls for Clorox to manager’s amendment reflects several friend from Pennsylvania, my good

VerDate Nov 24 2008 06:36 Jan 30, 2010 Jkt 079060 PO 00000 Frm 00065 Fmt 7634 Sfmt 0634 E:\RECORD09\H06NO9.REC H06NO9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE H12524 CONGRESSIONAL RECORD — HOUSE November 6, 2009 friend, that you voted for this bill last The Acting CHAIR. The gentleman ceedings on the amendment offered by session. from Massachusetts has 21⁄2 minutes re- the gentleman from Pennsylvania will Mr. DENT. Would the gentleman maining. be postponed. yield? Mr. MARKEY of Massachusetts. I AMENDMENT NO. 6 OFFERED BY MR. FLAKE Mr. PASCRELL. Yes, sure. will complete debate on this amend- The Acting CHAIR. It is now in order Mr. DENT. This is a very different ment. I yield myself the balance of the to consider amendment No. 6 printed in bill than the one from last session. time. part B of House Report 111–327. This bill has citizen suits in it and all Mr. Chairman, what we’re doing here Mr. FLAKE. Mr. Chairman, I have an kinds of—it’s a very different bill. is not providing more security in the amendment at the desk designated as Mr. PASCRELL. Reclaiming my classic sense of the word. What we’re No. 6. time, that’s your story. We come here really doing is saying, what happens if The Acting CHAIR. The Clerk will with different stories, many rise quick- al Qaeda is successful in penetrating designate the amendment. ly to the specter of terror and cause into the heart of a chemical facility? The text of the amendment is as fol- fear in people. But you’re the last to What will the consequences be for the lows: workers on site? What will the con- act to protect the American people. Amendment No. 6 offered by Mr. FLAKE: sequences be for the population area in You get some flak from an industry, Page 31, after line 25, insert the following: the vicinity of that chemical facility? ‘‘(E) PRESUMPTION OF CONGRESS RELATING and all of a sudden you back off. Clorox That’s what this debate is all about. TO COMPETITIVE PROCEDURES.— did this voluntarily; November 2 they What we are trying to do is to mini- ‘‘(i) PRESUMPTION.—It is the presumption made the announcement. mize the impact after al Qaeda has in of Congress that grants awarded under this Because these simple assessments fact been successful in launching an at- paragraph will be awarded using competitive that you have tried to minimize not tack on a chemical facility. But what procedures based on merit. only help protect and save lives, but ‘‘(ii) REPORT TO CONGRESS.—If grants are we say in the language is that, while awarded under this paragraph using proce- they have also proven to actually save there has to be an evaluation of the the chemical companies money, which dures other than competitive procedures, the level of security at each one of the fa- Secretary shall submit to Congress a report is just the opposite of what you tried cilities, the language in our bill makes explaining why competitive procedures were to communicate to the American peo- it quite clear that if the inherently not used. ple and to this body for the last 25 min- safer technology or process costs too ‘‘(F) PROHIBITION ON EARMARKS.—None of utes, just the opposite: greater effi- much, it doesn’t have to be imple- the funds appropriated to carry out this ciencies and safety measures that pre- mented. If there is no feasible, safer paragraph may be used for a congressional vent catastrophic accidents. technology or process, the facility earmark as defined in clause 9d, of Rule XXI And it only stands to reason if you’re of the rules of the House of Representatives doesn’t have to implement one. If im- of the 111th Congress.’’. using highly volatile chemicals, it plementing the inherently safer tech- The Acting CHAIR. Pursuant to would seem that you would want to re- nology or process would not reduce the House Resolution 885, the gentleman duce your risk, and providing it is be- risk at the facility or would shift it from Arizona (Mr. FLAKE) and a Mem- cause most of the companies aren’t elsewhere, it doesn’t have to be imple- ber opposed each will control 5 min- going to be forced to do anything, if mented. you read the legislation. Please read And so what we say here is that, yes, utes. The Chair recognizes the gentleman the legislation. I say that to all bills, we need to make it clear that we don’t not just health bills. I say that to secu- want al Qaeda to have a successful at- from Arizona. Mr. FLAKE. Mr. Chairman, I have of- rity bills. Read it, you may like it. tack, and if it is successful, have cata- fered different iterations of this non- Please, get off the kick of using the in- strophic consequences, but at the same controversial amendment many times dustry’s program. I think highly of time, there has to be an evaluation as during this Congress and the last. This you. Don’t follow the script. to whether or not it is economically particular amendment was offered last feasible at each facility. That is the ANNOUNCEMENT BY THE ACTING CHAIR June to the TSA Authorization Act The Acting CHAIR. The Chair must balance which we strike. But I don’t think anyone here for a second would when it was adopted by voice vote. remind all Members to direct their re- H.R. 2868 establishes a new Worker want to have unnecessarily dangerous marks to the Chair. Training Grants program that seeks to chemicals in highly populated areas Mr. DENT. At this time, I yield the provide grants to nonprofit organiza- that, if al Qaeda could be successful, balance of my time to the gentleman tions with demonstrated experience in from Ohio (Mr. AUSTRIA). would cause an event which would once again cripple our economy as did the implementing and operating successful Mr. AUSTRIA. I thank the gen- worker or first responder health and tleman from Pennsylvania for offering attack on September 11. That is the heart of terrorism, having a population safety training programs. This amend- this amendment, and I support this ment would simply prohibit the Work- amendment. which is frightened. At Logan Airport, we lost 27 percent er Training Grants program from being Conducting an inherently safer tech- of our air traffic for 2 years after 9/11. earmarked by Members for pet projects nology, IST, assessment will be costly, The same thing happened in Newark. It or favored entities back home. This too costly for many of our small busi- happened at LaGuardia; it happened at amendment also establishes that it is nesses to afford. I submitted a com- JFK. It happened all around the coun- the presumption of Congress that these monsense amendment to the Rules try. It plummeted, and that was key to grants would be awarded competitively Committee that would have exempted their success. based on merit. small businesses from this new costly So this amendment is something that I am often asked why I offer this. and burdensome requirement. I might was language developed in close con- These are set up to be programs that add that it would not exempt them sultation with and considerable input are competitively awarded, but some- from the current law, but from these from the American Chemistry Council. times it’s explicitly stated, sometimes new costly and burdensome require- It is something which should be adopt- it’s not. In either case, sometimes ments. Unfortunately for our Nation’s ed, and the amendment which is under when it is explicitly stated—and when small businesses, the majority decided consideration should be rejected. it’s not—these grant programs are not to allow a vote on that common- The Acting CHAIR. The question is sometimes just earmarked, all of them. sense amendment on the floor. on the amendment offered by the gen- All of the money in some of these ac- Just to reiterate what the chairman tleman from Pennsylvania (Mr. DENT). counts, if you take, for example, some said, over half of our facilities cur- The question was taken; and the Act- of the programs in the Homeland Secu- rently regulated under CFATS regula- ing Chair announced that the noes ap- rity bill, nearly 100 percent of the funds tions that would now be regulated by peared to have it. in one particular grant program were these new costly assessments employ- Mr. DENT. Mr. Chairman, I demand a earmarked in the most recent Home- ing 50 or fewer employees. Mandating recorded vote. land Security spending bill. IST will be devastating for our small The Acting CHAIR. Pursuant to So what we are seeking to do is make businesses. clause 6 of rule XVIII, further pro- sure that people who want to apply for

VerDate Nov 24 2008 06:36 Jan 30, 2010 Jkt 079060 PO 00000 Frm 00066 Fmt 7634 Sfmt 0634 E:\RECORD09\H06NO9.REC H06NO9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE November 6, 2009 CONGRESSIONAL RECORD — HOUSE H12525 these grants are able to, and that Mem- The text of the amendment is as fol- listed as ‘‘chemicals of interest’’ due to bers aren’t able to simply earmark lows: increased regulatory costs and liability that money for people in their district Amendment No. 7 Offered by Mr. concerns. or favored entities. SCHRADER: This amendment would require the Mr. Chairman, I reserve the balance Page 54, line 24, strike ‘‘SECTORAL IM- Department of Homeland Security to of my time. PACTS’’ and insert ‘‘AGRICULTURAL SECTOR’’. conduct an impact assessment that an Mr. PASCRELL. Mr. Chairman, while Page 55, beginning on line 12, strike ‘‘IM- inherently safer technology would have not opposed to the amendment, I ask PACTS OF COMPLIANCE’’ and insert ‘‘AGRICUL- on agricultural facilities covered by TURAL IMPACTS’’. these security regulations. Through unanimous consent to claim the time Page 55, beginning on line 19, strike ‘‘by in opposition. manufacturers, retailers, aerial commercial this impact assessment, we hope to de- The Acting CHAIR. Without objec- applicators, and distributors of pesticide and termine whether an IST mandate tion, the gentleman from New Jersey is fertilizer’’ and insert ‘‘on the agricultural would result in fewer product options recognized for 5 minutes. sector’’. for farmers or ranchers, possibly lead- There was no objection. Page 55, line 23, insert a comma after ing to increased production costs as al- Mr. PASCRELL. Mr. Chairman, I am ‘‘Representatives’’. ternative, higher-priced crop input pleased to support this amendment Page 55, line 24, strike ‘‘and’’ before ‘‘the products that may not have the same that seeks to ensure that worker train- Committee’’. agronomic benefits may only be avail- Page 55 line 25, insert ‘‘, the Committee on able and could impact their crop ing grants are distributed based on Agriculture of the House of Representatives, merit. This was a longstanding fight in and the Committee on Agriculture, Nutri- yields. Additionally, the amendment Homeland Security to deal with risk tion and Forestry of the Senate’’ after ‘‘Sen- would authorize grant funding for agri- rather than spreading out money ate’’. cultural facilities to assist with any across the landscape. Page 56, line 4, insert ‘‘agricultural’’ after IST compliance requirements. I have worked to make sure Home- ‘‘scope of’’. I think my colleagues will all agree land Security grants are given on the Page 57, beginning on line 15, strike ‘‘other we want to ensure the highest safety basis of merit, as I have with the suc- sectors engaged in commerce’’ and insert standards possible for facilities using ‘‘agricultural end-users’’. these potentially dangerous chemicals. cessful Fire Act and the SAFER Act. Strike line 20 on page 57 and all that fol- Under the chemical security regula- However, it is also essential we have lows through page 58, line 2, and insert the all of the data at our disposal, so we tions, facility operators are responsible following: for adhering to the risk-based, perform- ‘‘(3) DEFINITIONS.—In this subsection: will proceed in a thoughtful manner ance-based site security plans that ‘‘(A) FARM SUPPLIES MERCHANT WHOLE- and will fully understand the impacts they develop internally. A key feature SALER.—The term ‘farm supplies merchant these new regulations may have on our of any site security plan under H.R. wholesaler’ means a covered chemical facil- family farms and ranchers. 2868 is the provision of annual security ity that is primarily engaged in the mer- I ask that my colleagues support this training to each worker in the facility. chant wholesale distribution of farm sup- amendment and urge its adoption. plies, such as animal feeds, fertilizers, agri- The worker training grants are in- Mr. Chairman, I yield the balance of cultural chemicals, pesticides, plant seeds, my time to the gentleman from North tended to help create an environment and plant bulbs. where there is a cadre of qualified orga- Carolina. ‘‘(B) AGRICULTURAL END-USERS.—The term Mr. KISSELL. I would like to thank nizations that are available to help fa- ‘agricultural end-users’ means facilities such the gentleman from Oregon for recog- cility operators fulfill this important as— ‘‘(i) farms, including crop, fruit, nut, and nizing me. requirement. Mr. Chair, I would just like to add to The underlying bill does a good job of vegetable farms; what Mr. SCHRADER has said. This bill setting forth what qualifies as an ‘‘eli- ‘‘(ii) ranches and rangeland; ‘‘(iii) poultry, dairy, and equine facilities; is straight, simple—straightforward. gible entity,’’ but with the helpful ad- ‘‘(iv) turfgrass growers; In the agricultural community, farm dition of the language authored by the ‘‘(v) golf courses; supply wholesalers and agriculture end gentleman from Arizona (Mr. FLAKE), ‘‘(vi) nurseries; users very much want to protect home- there can be no ambiguity about what ‘‘(vii) floricultural operations; and land security. They very much want to is expected, none whatsoever. ‘‘(viii) public and private parks. protect the safety of the facilities of Grants are to be distributed based on The Acting CHAIR. Pursuant to whose products end up in our food sup- merit and cannot be earmarked. That House Resolution 885, the gentleman ply. Also, they are concerned about may have a spillover to other things, from Oregon (Mr. SCHRADER) and a what possible ramifications the bill who knows. That makes sense security- Member opposed each will control 5 may have. wise and is a solid approach. I urge my minutes. This is just simply calling for a study fellow Members to support this amend- The Chair recognizes the gentleman to see what impacts may be had. It ment. from Oregon. strengthens the language that is al- Mr. Chairman, I reserve the balance b 1445 ready in the bill. It strengthens that of my time. language so that we can see what the Mr. FLAKE. I thank the chairman. Mr. SCHRADER. I yield myself as results may be in terms of ranchers And would that all chairmen shared much time as I may consume. and farmers and the agricultural com- your view on earmarks and programs Mr. Chairman, I want to thank my munity all together. of this type. I am glad the chairman colleague Mr. KISSELL from North Mr. DANIEL E. LUNGREN of Cali- has agreed to accept this amendment, Carolina for working with me on this fornia. Mr. Chairman, I seek time in and I urge its adoption. amendment to help address some of the opposition, although I do not oppose Mr. Chairman, I yield back the bal- concerns from the agricultural commu- the amendment. ance of my time. nity with the underlying bill. The Acting CHAIR. Without objec- Mr. PASCRELL. Mr. Chairman, I The Schrader-Kissell amendment is a tion, the gentleman is recognized for 5 yield back the balance of my time. perfecting amendment, and it builds on minutes. The Acting CHAIR. The question is the efforts of Mr. ROSS of Arkansas, of There was no objection. on the amendment offered by the gen- Mr. SPACE of Ohio, and of the Energy Mr. DANIEL E. LUNGREN of Cali- tleman from Arizona (Mr. FLAKE). and Commerce Committee in the con- fornia. Mr. Chairman, I would support The amendment was agreed to. sideration of H.R. 2868. I believe it is this amendment as it does give, after AMENDMENT NO. 7 OFFERED BY MR. SCHRADER noncontroversial and that it has broad the fact, support for the position of ag- The Acting CHAIR. It is now in order support from the agricultural commu- riculture in this debate over the impo- to consider amendment No. 7 printed in nity. sition of ISTs, which I would remind part B of House Report 111–327. There are concerns within the ag my colleagues, from every single ex- Mr. SCHRADER. Mr. Chairman, I community that H.R. 2868 has the po- pert who testified before our com- have an amendment at the desk. tential to cause undue burdens, pos- mittee, is a concept, not a completed The Acting CHAIR. The Clerk will sibly resulting in the industry’s drop- process or product. Yet we are requir- designate the amendment. ping widely used and essential products ing that which is a concept, for which

VerDate Nov 24 2008 06:36 Jan 30, 2010 Jkt 079060 PO 00000 Frm 00067 Fmt 7634 Sfmt 0634 E:\RECORD09\H06NO9.REC H06NO9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE H12526 CONGRESSIONAL RECORD — HOUSE November 6, 2009 there are no true methodologies, to be The Acting CHAIR. Pursuant to Committee staff spoke just this Tues- imposed by the Secretary. House Resolution 885, the gentleman day with DHS staff to see if their posi- This is better than nothing, I sup- from Texas (Mr. MCCAUL) and a Mem- tion on this citizen suit provision had pose, because what this amendment ber opposed each will control 5 min- changed. It had not. They are still does is it requires a report to be sub- utes. strongly opposed to this provision. mitted to Congress after the mandates The Chair recognizes the gentleman Introducing these provisions in the on agriculture go into effect, so at from Texas. national security arena has the poten- least we’ll know how bad it is. Mr. MCCAUL. I yield myself as much tial not only to divert DHS from its se- I support this amendment because, as time as I may consume. curity-related missions but to also re- I say, it’s better than nothing, but I Mr. Chairman, this amendment sult in the disclosure of protected sen- would remind my colleagues that, in would strike the provision authorizing sitive information. This entire bill, in- the letter of November 3, 2009, signed the Secretary of Homeland Security to cluding the provision I am trying to by representatives of the American be subjected to civil suits by uninjured strike, will inadvertently have an im- Farm Bureau Federation, the Chemical third parties. If complaints have been pact on the private sector, on business, Producers and Distributors Associa- made against the Secretary for failing and on the overall economy at a time tion, the National Agriculture Associa- to enforce the law, the inspector gen- when we can least afford it. tion, the National Association of eral of DHS can already initiate an in- I reserve the balance of my time. Wheat Growers, the National Cotton vestigation. If that is insufficient, then Council, The Fertilizer Institute, and Congress can act. Mr. PASCRELL. Mr. Chairman, I rise the USA Rice Federation, they oppose Allowing any third party—anybody— to claim time in opposition to Brother this bill precisely because of the man- to sue the Secretary is both reckless MCCAUL’s amendment. date of inherently safer technologies and unnecessary. This provision would The Acting CHAIR. The gentleman on their industries. be a boon to trial lawyers and to envi- from New Jersey is recognized for 5 It is not a question of the great men ronmentalists at the expense of the De- minutes. and women in agriculture being op- partment of Homeland Security and Mr. PASCRELL. First of all, this bill posed to securing this Nation against a national security interests. Citizen does not authorize suits by uninjured terrorist attack. It is the position of suits have no place in a national secu- parties. Article III of the Constitution the great men and women in agri- rity context, and this would be the is very, very clear. It requires that any culture that this is an imposition of a very first time that Congress would be person who files a lawsuit be able to technology or a process or a concept, authorizing such suits in the homeland show injury. H.R. 2868 will have no ef- whatever you want to call it, that security arena. fect on this constitutional requirement those who came up with it testified be- Environmentalists file hundreds of whatsoever, Mr. Chairman. In fact, the fore our committee does not fit neatly citizen suits annually, and they con- Supreme Court has repeatedly held into a legislative mandate. Nonethe- sume substantial governmental re- that Congress cannot pass a law chang- less, we here on this floor are saying sources and taxpayer funds. Some ing this requirement. So it’s in the we know better than those who came agencies expend almost their entire an- Constitution. It has been upheld by the up with the concept those who actually nual budgets simply responding to Supreme Court of this country. will suffer from this concept being im- these lawsuits. For instance, in May of I oppose this amendment. It works posed on them. 2008, The Washington Post noted that against government accountability and I support this amendment. I only the Fish and Wildlife Service had been against the security of our chemical fa- wish that this amendment were strong- caught in a legal vise that has forced it cilities. er because, unfortunately, it is going to spend most of its time responding to Title I of H.R. 2868 allows citizens to to mandate a report that will come too lawsuits and following judges’ orders file suit against the Secretary of late, a report to tell us what the effects while its mission has slowed to a near Homeland Security for failing to meet of the mandate of IST will be or will halt. We cannot afford the same con- her duties, such as issuing regulations have been on agriculture. sequence with the Department of or reviewing site security plans in a So, Mr. Chairman, I hope we will sup- Homeland Security. In the meantime, timely manner, in other words, if the port this amendment. I only wish we the mission of the agency falls by the Secretary, whomever that may be, does could have had a stronger amendment. wayside. not do what he is supposed to do ac- I yield back the balance of my time. This bill currently allows a citizen cording to law. Mr. SCHRADER. Mr. Chairman, I suit by any person. There is no require- Are you putting our citizens in fur- just urge my colleagues to support the ment that the person be harmed or ther jeopardy? Is this what you think amendment. that the person be a local resident or of the American citizens that they can- I yield back the balance of my time. even a United States citizen. The Con- not speak for themselves? The Acting CHAIR. The question is gress has always treated national secu- on the amendment offered by the gen- rity as an inherently governmental This bill does not allow citizens to tleman from Oregon (Mr. SCHRADER). matter and one in which sensitive secu- file suit against privately owned chem- The amendment was agreed to. rity-related information has been rig- ical facilities for alleged violations. AMENDMENT NO. 8 OFFERED BY MR. MCCAUL orously protected. This marks the first Here is the bill. On pages 66, 67, 68, it The Acting CHAIR. It is now in order time that citizen suits may result in doesn’t say it. I don’t know what to consider amendment No. 8 printed in the disclosure of very sensitive chem- you’re reading. part B of House Report 111–327. ical facility vulnerability information. Therefore, this bill will not compel a Mr. MCCAUL. Mr. Chairman, I have The Department of Homeland Secu- chemical facility to turn over sensitive an amendment at the desk. security information in court. It will The Acting CHAIR. The Clerk will rity also opposes the civil suit provi- not put this information at risk of pub- designate the amendment. sions. Deputy Under Secretary Philip lic disclosure. Moreover, citizens can- The text of the amendment is as fol- Reitinger, who I had the pleasure to not file suit against the Secretary for lows: work with at the Department of Jus- tice, testified that it is true that any making a decision that is discre- Amendment No. 8 offered by Mr. MCCAUL: Page 76, beginning on line 11, strike the civil suit provision at least raises a tionary. It is very different from what proposed section 2116 and redesignate the specter of some diversion of resources. the Constitution is talking about, such proposed sections 2117 through 2120 as sec- As a former longtime litigator in the as whether to require a facility to tions 2116 through 2119, respectively. DOJ, he also testified that, inevitably, switch chemicals or processes. Any Page 88, in the proposed amendment to the there is some risk of disclosure of in- claims to the contrary are simply false. table of contents of the Homeland Security formation, and this information is very This amendment would strip citizen Act of 2002, strike the item relating to sec- enforcement out entirely. tion 2116 and redesignate the items relating sensitive. That means sensitive secu- to sections 2117 through 2120 as items relat- rity information could easily get into Why would we want to discourage the ing to sections 2116 through 2119, respec- the wrong hands. I think yesterday is a enforcement of these critical security tively. reminder that we need to stay vigilant. standards? The American Chemical

VerDate Nov 24 2008 06:36 Jan 30, 2010 Jkt 079060 PO 00000 Frm 00068 Fmt 7634 Sfmt 0634 E:\RECORD09\H06NO9.REC H06NO9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE November 6, 2009 CONGRESSIONAL RECORD — HOUSE H12527 Council, the Society of Chemical Man- b 1500 The Acting CHAIR (Mr. MORAN of ufacturers and its affiliate, and the en- Under the environmental suits that Virginia). The question is on the vironmental and labor groups have en- have been filed, standing has always amendment offered by the gentleman dorsed the citizen enforcement provi- been regarded—in most cases it’s very from Texas (Mr. MCCAUL). sions in this bill. I rest my case. With broad, giving many people that stand- The question was taken; and the Act- that breadth of support for the com- ing. I think it’s unwise. What it will do ing Chair announced that the noes ap- promise, this amendment is an ineffec- is bring unnecessary litigation. I think peared to have it. tive solution for a nonexistent prob- that’s the purpose and duty of the Fed- Mr. MCCAUL. Mr. Chairman, I de- lem. eral agencies, to bring this litigation mand a recorded vote. The members of the Energy and Com- against these chemical plants and not The Acting CHAIR. Pursuant to merce Committee devoted considerable citizens because, of course, it will pro- clause 6 of rule XVIII, further pro- time to crafting a solution that en- mote litigation; it will promote dis- ceedings on the amendment offered by sures government accountability while covery of sensitive information; and it the gentleman from Texas will be post- protecting sensitive information. will allow anyone, anywhere, to file poned. Eliminating citizen suits without re- these lawsuits. AMENDMENT NO. 9 OFFERED BY MRS. placement is unnecessary. It under- Mr. PASCRELL. Mr. Chairman, a HALVORSON mines accountability, and it will leave couple of things here. First, the groups The Acting CHAIR. It is now in order our Nation less secure. that I mentioned before support that to consider amendment No. 9 printed in I urge my colleagues to vote ‘‘no’’ on part of the legislation which I men- part B of House Report 111–327. Mr. MCCAUL’s amendment. tioned. Number two, let’s get to the Mrs. HALVORSON. Mr. Chairman, I I reserve the balance of my time. meat and potatoes: this bill does not have an amendment at the desk. Mr. MCCAUL. Mr. Chairman, how create a boon for trial lawyers. No one The Acting CHAIR. The Clerk will much time is remaining? is eligible to receive damage awards in designate the amendment. The Acting CHAIR. Both sides have 2 lawsuits under this bill. The text of the amendment is as fol- minutes remaining. Mr. MCCAUL. Will the gentleman lows: Mr. MCCAUL. Very quickly, to my yield? Mr. PASCRELL. I yield to the gen- Amendment No. 9 offered by Mrs. good friend from New Jersey, courts HALVORSON: have broadly and loosely interpreted tleman from Texas. Page 58, beginning on line 3, strike ‘‘AS- the constitutional standing require- Mr. MCCAUL. They certainly will re- SESSMENT OF IMPACTS ON SMALL COVERED ment to virtually allow anyone with ceive attorneys’ fees. They’re being CHEMICAL FACILITIES’’ and insert ‘‘SMALL any evidence of perceived harm to paid by these organizations to bring COVERED CHEMICAL FACILITIES’’. bring a lawsuit under these citizen lawsuits. Page 58, after line 4, insert the following: suits. Mr. PASCRELL. Reclaiming my ‘‘(1) GUIDANCE FOR SMALL COVERED CHEM- With respect to sensitive informa- time, no one is eligible to receive dam- ICAL FACILITIES.—The Secretary may provide age awards. Lawyers will not receive a guidance and, as appropriate, tools, meth- tion, we are now going to turn that odologies, or computer software, to assist over into the discovery process as to dime of any civil penalties that the courts may award because they are small covered chemical facilities in com- what is sensitive and what information plying with the requirements of this section. paid to the United States Treasury. I is not. Page 58, line 5, strike ‘‘(1) IN GENERAL’’ and With respect to the groups that my don’t think that this is a Treasury insert ‘‘(2) ASSESSMENT OF IMPACTS ON SMALL good friend mentioned, it is my under- scheme by any stretch of the imagina- COVERED CHEMICAL FACILITIES’’. standing, while they are not opposed to tion. Page 59, line 20, strike ‘‘(2) DEFINITION’’ and This bill is not the first time citizen the bill, they have certainly not en- insert ‘‘(3) DEFINITION’’. suits have been authorized in a na- dorsed this bill. The Acting CHAIR. Pursuant to tional security context. Since the pas- I yield the remainder of my time to House Resolution 885, the gentlewoman sage of the Bioterrorism Act in 2002, the gentleman from Texas (Mr. POE). from Illinois (Ms. HALVORSON) and a Mr. POE of Texas. Mr. Chairman, citizen suits have been available to en- Member opposed each will control 5 force the requirements of section 1433 how much time remains? minutes. The Acting CHAIR. The gentleman of the Safe Drinking Water Act, which The Chair recognizes the gentle- is focused on security at drinking has 11⁄2 minutes remaining. woman from Illinois. Mr. POE of Texas. I thank the gen- water facilities throughout the United Mrs. HALVORSON. Mr. Chairman, as States of America. tleman from Texas for yielding. a small business owner and as a mem- By the way, to my other friend from Mr. Chairman, specifically, I stand in ber of the Small Business Committee, I Texas, this is very standard language support of the gentleman’s amend- understand the challenges that small that is used throughout this legisla- ment. I probably represent as many, if business owners face on a day-to-day tion. not more, refineries and chemical I yield to my friend from Massachu- basis. I offer this amendment to help plants as any Member of Congress. setts. small chemical facilities in meeting I agree. It is imperative that we have Mr. MARKEY of Massachusetts. I some of those challenges. security at these institutions, at these just want to say that this is just giving My amendment is straightforward plants. I do believe, however, that the the right to ordinary people to sue and necessary. It would improve this citizen suit problem exposes two spe- their own government because they’re bill by giving the Secretary of the De- cific issues, one of which is that it’s not providing for the security around partment of Homeland Security the au- too broad. It allows anybody to file a facilities that could be attacked by al thority to provide facilities with less lawsuit, and it leaves the discretion as Qaeda. This is at the essence of the phi- than 350 employees the guidance, tools to what is sensitive material up to the losophy of the tea-baggers, to give or- and software to help them comply with Federal judges, and the Federal judges dinary citizens the right to challenge the security requirements of this bill. have broad discretion as to what mate- their government, to be able to rise up We have a responsibility to make rial they will release and will make and to be able to say, you are not doing sure chemical facilities are safe, but we public. your job to protect us, your funda- also have a responsibility to make sure The second problem I see—and it’s mental responsibility to protect the se- that small businesses have the assist- specifically under (b)(2)—is that ‘‘the curity of citizens in their homes and ance and the resources that they need district court will have jurisdiction where they work. to comply with new security require- without regard of the amount in con- Mr. PASCRELL. Reclaiming my ments. That is what my amendment troversy or the citizenship of the par- time, we must remember also—I think does. It helps small chemical facilities ties.’’ I am not clear why that would be you would agree with me, Mr. Chair- to comply with security standards in added, but it allows standing to any- man—that nowhere in this legislation an effective and profitable manner. one, regardless of citizenship of the are we in any manner, shape or form Based on DHS analysis, we can ex- parties, to file a lawsuit. Specifically, jeopardizing the private plans of any pect that 15 to 20 percent of the chem- it gives that permission. facility, any chemical facility. ical facilities across the country have

VerDate Nov 24 2008 06:36 Jan 30, 2010 Jkt 079060 PO 00000 Frm 00069 Fmt 7634 Sfmt 0634 E:\RECORD09\H06NO9.REC H06NO9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE H12528 CONGRESSIONAL RECORD — HOUSE November 6, 2009 less than 350 employees onsite. That’s a retary of the DHS, about this issue. He Page 20, line 19, strike the period after significant number of small businesses said, and I quote, this is not an issue of ‘‘disapproval’’ and insert ‘‘; and’’. that we cannot forget as we move for- defining whether the risk is less impor- Page 20, after line 19, insert the following: ‘‘(H) establish, as appropriate, modified or ward on security requirements. These tant because the size of a firm is small. separate standards, protocols, and proce- are facilities that create jobs that in- The risk doesn’t change with respect to dures for security vulnerability assessments vest in economic growth. In a tough the size of a firm. and site security plans for covered chemical economic environment, these small But what is different about small facilities that are also academic labora- businesses need to have the tools avail- businesses is that some lack the ad- tories. able to compete and succeed and, ministrative resources of large multi- The Acting CHAIR. Pursuant to again, that’s what this amendment billion-dollar chemical companies. House Resolution 885, the gentleman does. They might not have an in-house secu- from Illinois (Mr. FOSTER) and a Mem- The bottom line is that we need rity expert that can direct or prepare ber opposed each will control 5 min- small chemical facilities to be secure, their security vulnerability assessment utes. but we also need them to be successful. or site security plan. They might not The Chair recognizes the gentleman This is an important amendment, and know how to navigate the Washington from Illinois. it will help make sure that those two bureaucracy in order to learn how to Mr. FOSTER. Mr. Chair, I yield my- critical goals are accomplished. We best comply with these new regula- self 2 minutes. can’t forget that as we move forward. tions. I would like to first thank Mr. LUJA´ N I reserve the balance of my time. The underlying legislation does ac- of New Mexico for allowing me to work Mr. OLSON. Mr. Chairman, I claim knowledge that the impact of inher- with him on this important and com- time in opposition, but I don’t nec- ently safer technology provisions on monsense amendment to the Chemical essarily oppose the bill. small businesses should be examined by Facility Anti-Terrorism Act. The Acting CHAIR. Without objec- the Department of Homeland Security. The underlying bill is a positive step tion, the gentleman from Texas is rec- DHS has told us that they estimate towards ensuring the security of Amer- ognized for 5 minutes. that 15 to 20 percent of all regulated fa- ica’s chemical facilities, but overlooks There was no objection. key differences between commercial fa- Mr. OLSON. Mr. Chairman, this cilities might be classified as small businesses. cilities and university and educational amendment allows the Secretary to laboratories. This amendment directs provide guidance, tools, methodologies I think the gentlelady’s amendment takes the language one useful step fur- the Secretary of Homeland Security to or computer software to assist small take a graduated approach to security covered chemical facilities in com- ther by giving DHS the authority to create tools specifically for small busi- in school labs and to create a separate plying with the IST assessments and and appropriate set of protocols for implementation requirements of the nesses to help them in complying with the inherent safer technology provi- university affiliated laboratories with act. relatively small quantities of chemi- While I support the sentiment behind sions of the bill. This could be guidance and outreach directed to the small cals. the amendment, given the costs associ- One-size-fits-all safety regulations business community or it could be soft- ated with IST assessments and manda- only create more paperwork, more bu- ware or other methodologies that could tory implementation, I am genuinely reaucracy and more confusion without concerned there will be few small busi- make compliance easier. necessarily making us safer. This is es- I urge my colleagues to support the nesses left that would benefit from any pecially true in educational settings Halvorson amendment. guidance the Secretary may or may where large numbers of students move Mr. OLSON. Mr. Chairman, I yield not provide based on this provision. in and out of smaller chemical labs back the balance of my time. This amendment simply gives the constantly, making it difficult and ex- Mrs. HALVORSON. I yield back the Secretary the option of providing guid- pensive to impose on them the same se- balance of my time. ance to small businesses to meet the curity protocols as large commercial The Acting CHAIR. The question is costly IST provisions of the bill. How facilities. much guidance do we expect from an on the amendment offered by the gen- However, this amendment does not office that employs fewer than 200 peo- tlewoman from Illinois (Mrs. let our schools off the hook for main- ple and is responsible for overseeing a HALVORSON). taining a safe and secure environment. program that covers 6,100 facilities? The amendment was agreed to. The Secretary of Homeland Security While it’s difficult to object to Mrs. AMENDMENT NO. 10 OFFERED BY MR. FOSTER will still require that universities cre- HALVORSON’s amendment, I find it iron- The Acting CHAIR. It is now in order ate and report a security plan of pre- ic that the majority would make in to consider amendment No. 10 printed caution and prevention as part of nor- order an amendment that recognizes in part B of House Report 111–327. mal campus safety procedures. At a that small businesses will be affected Mr. FOSTER. Mr. Chair, I have an time when university budgets are al- by the IST mandate. But rather than amendment at the desk. ready tight, this amendment will avoid address the problem before they create The Acting CHAIR. The Clerk will placing potentially large financial it, they ask the Secretary to clean up designate the amendment. hardships on our educational institu- the mess for them. The text of the amendment is as fol- tions. I would have preferred to debate Mr. lows: This amendment is supported by a AUSTRIA’s amendment that was not Amendment No. 10 offered by Mr. FOSTER: number of higher educational associa- ruled in order. That amendment would Page 13, after line 21, insert the following: tions, including the American Council have been a real benefit to the 3,630 ‘‘(13) The term ‘academic laboratory’ on Education, the Association of Amer- smallest of the small businesses by ex- means a facility or area owned by an institu- tion of higher education (as defined under ican Universities, and the Association empting them altogether from this section 101 of the Higher Education Act of of Public and Land-grant Universities. costly and unnecessary provision. 1965 (20 U.S.C. 1001)) or a non-profit research I was very happy to be able to work on I reserve the balance of my time. institute or teaching hospital that has a for- this commonsense solution. Mrs. HALVORSON. Mr. Chairman, I mal affiliation with an institution of higher I reserve the balance of my time. yield such time as he may consume to education, including photo laboratories, art Mr. OLSON. Mr. Chairman, I claim the gentleman from Mississippi (Mr. studios, field laboratories, research farms, time in opposition, but do not nec- THOMPSON). chemical stockrooms, and preparatory lab- essarily oppose the underlying amend- Mr. THOMPSON of Mississippi. Mr. oratories, where relatively small quantities ment. Chairman, I rise in support of the gen- of chemicals and other substances, as deter- The Acting CHAIR. Without objec- tlelady’s amendment. The size of a fa- mined by the Secretary, are used on a non- tion, the gentleman from Texas is rec- production basis for teaching, research, or cility’s workforce or annual operating diagnostic purposes, and are stored and used ognized for 5 minutes. budget has nothing to do with the fa- in containers that are typically manipulated There was no objection. cility’s security risk. by one person. Mr. OLSON. Mr. Chairman, this At our October 1 hearing, we heard Page 20, line 12, strike ‘‘and’’ after the amendment addresses academic labora- testimony from Rand Beers, Undersec- semicolon. tories which is defined as a facility

VerDate Nov 24 2008 06:36 Jan 30, 2010 Jkt 079060 PO 00000 Frm 00070 Fmt 7634 Sfmt 0634 E:\RECORD09\H06NO9.REC H06NO9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE November 6, 2009 CONGRESSIONAL RECORD — HOUSE H12529 owned by an institution of higher This amendment is supported by the Davis (AL) Kilroy Polis (CO) Davis (CA) Kind Pomeroy learning where relatively small quan- American Chemical Society, and I Davis (IL) Kirkpatrick (AZ) Price (NC) tities of substances are used for teach- want to reiterate and emphasize it is Davis (TN) Kissell Quigley ing or research purposes. also supported by the American Coun- DeFazio Klein (FL) Rahall These types of institutions are vastly cil of Education and institutions of DeGette Kosmas Rangel Delahunt Kratovil Reyes different from the majority of chemical learning across the country. DeLauro Kucinich Richardson facilities that we all think of in terms I urge my colleagues to join me in Dicks Langevin Rodriguez of large manufacturing plants. The support of this amendment, which will Dingell Larsen (WA) Ross Doggett Larson (CT) Rothman (NJ) Secretary is required to take these dif- ensure that the Department of Home- Donnelly (IN) Lee (CA) Roybal-Allard ferences into account and may develop land Security adequately protects our Doyle Levin Ruppersberger modified or separate procedures for Nation’s students, teachers, and re- Driehaus Lewis (GA) Rush such institutions. search institutions. Edwards (MD) Lipinski Ryan (OH) Edwards (TX) Loebsack Sablan The American Council on Education Mr. OLSON. Mr. Chairman, with no Ellison Lofgren, Zoe Salazar supports this amendment. one on my side waiting to speak, I Ellsworth Lowey Sanchez, Loretta Engel Luja´ n Sarbanes b 1515 yield back the balance of my time. Mr. FOSTER. I yield back the bal- Eshoo Lynch Schakowsky They will still be required to conduct Etheridge Maffei Schauer ance of my time. Faleomavaega Maloney Schiff security vulnerability assessments and The Acting CHAIR. The question is Farr Markey (CO) Schrader site security plans. on the amendment offered by the gen- Fattah Markey (MA) Schwartz The qualifier ‘‘as appropriate’’ in- Filner Marshall Scott (GA) tleman from Illinois (Mr. FOSTER). cluded in the amendment still gives Foster Massa Scott (VA) The amendment was agreed to. Frank (MA) Matheson Serrano the Secretary some direction as to if Fudge Matsui Sestak ANNOUNCEMENT BY THE ACTING CHAIR she wants to provide separate proce- Garamendi McCarthy (NY) Shea-Porter dures for conducting the vulnerability The Acting CHAIR. Pursuant to Giffords McCollum Sherman assessments and site security plans. clause 6 of rule XVIII, proceedings will Gonzalez McDermott Shuler now resume on those amendments Gordon (TN) McGovern Sires Most colleges and universities have al- Grayson McIntyre Skelton ready completed these required vulner- printed in part B of House Report 111– Green, Al McMahon Slaughter ability assessments, and so this lan- 327 on which further proceedings were Green, Gene McNerney Smith (WA) postponed, in the following order: Griffith Meek (FL) Snyder guage, while well-intended, will have Grijalva Melancon Space little impact. Amendment No. 1 by Mr. THOMPSON Gutierrez Michaud Spratt It is unfortunate that the amend- of Mississippi. Hall (NY) Miller (NC) Stark Amendment No. 2 by Mr. BARTON of Halvorson Miller, George Stupak ment does not provide colleges and uni- Hare Minnick Sutton versities any exceptions or alternative Texas. Harman Mitchell Tanner procedures for the IST assessment and Amendment No. 4 by Mr. DENT of Hastings (FL) Mollohan Taylor implementation requirements of this Pennsylvania. Heinrich Moore (KS) Teague Amendment No. 5 by Mr. DENT of Herseth Sandlin Moore (WI) Thompson (CA) legislation. Despite this amendment, 99 Higgins Moran (VA) Thompson (MS) colleges and universities will have to Pennsylvania. Hill Murphy (CT) Tierney conduct costly IST assessments, and 23 Amendment No. 8 by Mr. MCCAUL of Himes Murphy (NY) Titus Texas Hinchey Murtha Tonko of them in 14 States may be required to Hinojosa Nadler (NY) Towns implement the findings of these assess- The Chair will reduce to 5 minutes Hirono Napolitano Tsongas ments. the time for any electronic vote after Hodes Neal (MA) Van Hollen I reserve the balance of my time. the first vote in this series. Holden Nye Vela´ zquez Holt Oberstar Visclosky Mr. FOSTER. Mr. Chairman, I hap- AMENDMENT NO. 1 OFFERED BY MR. THOMPSON Honda Obey Walz pily yield such time as he may con- OF MISSISSIPPI Hoyer Olver Wasserman sume to my colleague from New Mex- The Acting CHAIR. The unfinished Inslee Ortiz Schultz ´ business is the demand for a recorded Israel Owens Waters ico (Mr. LUJAN). Jackson (IL) Pallone Watson Mr. LUJA´ N. Mr. Chairman, I thank vote on the amendment offered by the Jackson-Lee Pascrell Watt my colleague, Mr. FOSTER, for recogni- gentleman from Mississippi (Mr. (TX) Pastor (AZ) Waxman tion and for his cooperation in working THOMPSON) on which further pro- Johnson (GA) Payne Weiner Kagen Perlmutter Welch on this amendment. I also commend ceedings were postponed and on which Kanjorski Perriello Wexler Chairman THOMPSON for bringing this the ayes prevailed by voice vote. Kaptur Peters Wilson (OH) important legislation to the floor. The Clerk will redesignate the Kennedy Peterson Woolsey amendment. Kildee Pierluisi Wu In universities, colleges, and edu- Kilpatrick (MI) Pingree (ME) Yarmuth cational institutions across the Nation, The Clerk redesignated the amend- researchers and students are currently ment. NOES—168 utilizing educational laboratories to RECORDED VOTE Akin Campbell Gingrey (GA) Alexander Cantor Gohmert expand the limits of our scientific The Acting CHAIR. A recorded vote Austria Cao Goodlatte knowledge and develop the skills need- has been demanded. Bachmann Capito Granger ed to thrive in high-tech jobs of tomor- A recorded vote was ordered. Bachus Castle Graves row. This is an important opportunity Barrett (SC) Chaffetz Guthrie The vote was taken by electronic de- Bartlett Coble Hall (TX) to make sure that we are preparing vice, and there were—ayes 253, noes 168, Barton (TX) Coffman (CO) Harper them for the jobs of the future. not voting 19, as follows: Biggert Cole Hastings (WA) Bilbray Crenshaw Heller This commonsense amendment will [Roll No. 869] allow this work to continue, while en- Bilirakis Culberson Hensarling AYES—253 Bishop (UT) Davis (KY) Herger suring that academic laboratories are Blackburn Deal (GA) Hoekstra Abercrombie Boccieri Castor (FL) Blunt Dent Hunter protected from the unique security Ackerman Bordallo Childers Bonner Diaz-Balart, L. Inglis threats that they may face. Through Adler (NJ) Boren Chu Bono Mack Diaz-Balart, M. Issa Altmire Boswell Clarke this amendment, the Department of Boozman Dreier Jenkins Andrews Boucher Clay Homeland Security will have the flexi- Boustany Duncan Johnson (IL) Arcuri Boyd Cleaver Brady (TX) Fallin Johnson, Sam bility to recognize that these labs, Baca Brady (PA) Clyburn Broun (GA) Flake Jones Baird Braley (IA) Cohen which may contain a large variety of Brown (SC) Fleming Jordan (OH) Baldwin Bright Connolly (VA) chemicals, rarely possess any specific Brown-Waite, Forbes King (IA) Barrow Brown, Corrine Conyers Ginny Fortenberry King (NY) chemical in the large quantities typ- Bean Butterfield Cooper Buchanan Foxx Kingston ical of industrial facilities. The Depart- Becerra Capps Costello Burgess Franks (AZ) Kirk Berkley Capuano Courtney ment will have the capability to assess Burton (IN) Frelinghuysen Kline (MN) Berman Cardoza Crowley and oversee specific security chal- Buyer Gallegly Lamborn Berry Carnahan Cuellar Calvert Garrett (NJ) Lance lenges these labs face from infiltration, Bishop (NY) Carney Cummings Camp Gerlach Latham tampering, theft or attack. Blumenauer Carson (IN) Dahlkemper

VerDate Nov 24 2008 06:36 Jan 30, 2010 Jkt 079060 PO 00000 Frm 00071 Fmt 7634 Sfmt 0634 E:\RECORD09\H06NO9.REC H06NO9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE H12530 CONGRESSIONAL RECORD — HOUSE November 6, 2009 LaTourette Myrick Sensenbrenner Crenshaw Kirk Putnam Moore (KS) Reyes Stark Latta Neugebauer Sessions Davis (KY) Kline (MN) Radanovich Moore (WI) Richardson Stupak Lee (NY) Olson Shadegg Dent Lamborn Rehberg Moran (VA) Rodriguez Sutton Lewis (CA) Paul Shimkus Diaz-Balart, L. Latham Reichert Murphy (CT) Rohrabacher Tanner Linder Paulsen Shuster Diaz-Balart, M. LaTourette Roe (TN) Murphy (NY) Ross Taylor LoBiondo Pence Simpson Dreier Latta Rogers (AL) Murtha Rothman (NJ) Thompson (CA) Lucas Petri Smith (NE) Duncan Lee (NY) Rogers (KY) Nadler (NY) Roybal-Allard Thompson (MS) Luetkemeyer Pitts Smith (NJ) Ellsworth Lewis (CA) Rooney Napolitano Ruppersberger Thornberry Lummis Platts Smith (TX) Neal (MA) Rush Emerson Linder Ros-Lehtinen Tierney Lungren, Daniel Poe (TX) Souder Fallin Lucas Neugebauer Ryan (OH) Roskam Titus E. Posey Stearns Fleming Luetkemeyer Nye Sablan Royce Tonko Mack Price (GA) Sullivan Forbes Lummis Oberstar Salazar Ryan (WI) Towns Manzullo Putnam Terry Fortenberry Lungren, Daniel Scalise Obey Sanchez, Loretta Marchant Radanovich Thompson (PA) Foster E. Olver Sarbanes Tsongas Schmidt Van Hollen McCarthy (CA) Rehberg Thornberry Foxx Mack Schock Ortiz Schakowsky McCaul Reichert Tiahrt Vela´ zquez Franks (AZ) Marchant Sensenbrenner Owens Schauer McClintock Roe (TN) Tiberi Pallone Schiff Visclosky Gallegly Marshall Sessions McCotter Rogers (AL) Turner Garrett (NJ) Matheson Pascrell Schrader Walz Shadegg McHenry Rogers (KY) Upton Gingrey (GA) McCarthy (CA) Pastor (AZ) Schwartz Wamp Shea-Porter McKeon Rohrabacher Walden Gohmert McCaul Paul Scott (GA) Wasserman Shimkus McMorris Rooney Wamp Goodlatte McClintock Payne Scott (VA) Schultz Shuster Rodgers Ros-Lehtinen Westmoreland Gordon (TN) McCotter Perlmutter Serrano Waters Simpson Mica Roskam Whitfield Granger McHenry Perriello Sestak Smith (NE) Watson Miller (FL) Royce Wilson (SC) Graves McKeon Peters Sherman Watt Miller (MI) Ryan (WI) Wittman Griffith McMorris Smith (TX) Peterson Shuler Souder Waxman Miller, Gary Scalise Wolf Guthrie Rodgers Pierluisi Sires Weiner Moran (KS) Schmidt Young (AK) Stearns Pingree (ME) Hall (TX) Mica Skelton Welch Murphy, Tim Schock Young (FL) Harper Miller (FL) Sullivan Platts Slaughter Wexler Hastings (WA) Miller (MI) Teague Polis (CO) Smith (NJ) Wilson (OH) NOT VOTING—19 Heller Miller, Gary Terry Pomeroy Smith (WA) Woolsey Aderholt Conaway Norton Hensarling Minnick Thompson (PA) Price (NC) Snyder Wu Bishop (GA) Costa Nunes Herger Moran (KS) Tiahrt Quigley Space Yarmuth Boehner Ehlers Rogers (MI) Hoekstra Murphy, Tim Tiberi Rahall Speier Young (FL) Carter Emerson Sa´ nchez, Linda Hunter Myrick Turner Rangel Spratt Cassidy Johnson, E. B. T. Inglis Olson Upton Walden NOT VOTING—13 Chandler Meeks (NY) Speier Issa Paulsen Christensen Murphy, Patrick Jenkins Pence Westmoreland Aderholt Conaway Nunes Johnson (IL) Petri Whitfield Boehner Ehlers Rogers (MI) b 1544 Johnson, Sam Pitts Wilson (SC) Carter McDermott Sa´ nchez, Linda Jordan (OH) Poe (TX) Wittman Cassidy Murphy, Patrick T. Messrs. CALVERT, McHENRY, King (IA) Posey Wolf Chandler Norton PLATTS and CAO changed their vote King (NY) Price (GA) Young (AK) from ‘‘aye’’ to ‘‘no.’’ ANNOUNCEMENT BY THE ACTING CHAIR So the amendment was agreed to. NOES—262 The Acting CHAIR (during the vote). The result of the vote was announced Abercrombie Deal (GA) Jackson-Lee Members have 2 minutes remaining in Ackerman DeFazio (TX) this vote. as above recorded. Adler (NJ) DeGette Johnson (GA) Stated for: Arcuri Delahunt Johnson, E. B. b 1551 Ms. EDDIE BERNICE JOHNSON of Texas. Baca DeLauro Jones Mr. MORAN of Virginia changed his Mr. Chair, on rollcall No. 869, I had a personal Baird Dicks Kagen Baldwin Dingell Kanjorski vote from ‘‘aye’’ to ‘‘no.’’ emergency. Had I been present, I would have Barrow Doggett Kaptur So the amendment was rejected. voted ‘‘aye.’’ Bean Donnelly (IN) Kennedy Becerra Doyle Kildee The result of the vote was announced AMENDMENT NO. 2 OFFERED BY MR. BARTON OF Berkley Driehaus Kilpatrick (MI) as above recorded. TEXAS Berman Edwards (MD) Kilroy AMENDMENT NO. 4 OFFERED BY MR. DENT The Acting CHAIR. The unfinished Berry Edwards (TX) Kind business is the demand for a recorded Bishop (GA) Ellison Kingston The Acting CHAIR. The unfinished vote on the amendment offered by the Bishop (NY) Engel Kirkpatrick (AZ) business is the demand for a recorded Blumenauer Eshoo Kissell vote on the amendment offered by the gentleman from Texas (Mr. BARTON) on Boccieri Etheridge Klein (FL) which further proceedings were post- Bordallo Faleomavaega Kosmas gentleman from Pennsylvania (Mr. poned and on which the noes prevailed Boyd Farr Kratovil DENT) on which further proceedings Brady (PA) Fattah Kucinich were postponed and on which the noes by voice vote. Braley (IA) Filner Lance The Clerk will redesignate the Broun (GA) Flake Langevin prevailed by voice vote. amendment. Brown, Corrine Frank (MA) Larsen (WA) The Clerk will redesignate the The Clerk redesignated the amend- Brown-Waite, Frelinghuysen Larson (CT) amendment. Ginny Fudge Lee (CA) The Clerk redesignated the amend- ment. Butterfield Garamendi Levin ment. RECORDED VOTE Capito Gerlach Lewis (GA) Capps Giffords Lipinski RECORDED VOTE The Acting CHAIR. A recorded vote Capuano Gonzalez LoBiondo has been demanded. Carnahan Grayson Loebsack The Acting CHAIR. A recorded vote A recorded vote was ordered. Carney Green, Al Lofgren, Zoe has been demanded. The Acting CHAIR. This will be a 5- Carson (IN) Green, Gene Lowey A recorded vote was ordered. Castle Grijalva Luja´ n The Acting CHAIR. This will be a 5- minute vote. Castor (FL) Gutierrez Lynch The vote was taken by electronic de- Childers Hall (NY) Maffei minute vote. vice, and there were—ayes 165, noes 262, Christensen Halvorson Maloney The vote was taken by electronic de- Chu Hare Manzullo not voting 13, as follows: vice, and there were—ayes 186, noes 241, Clarke Harman Markey (CO) not voting 13, as follows: [Roll No. 870] Clay Hastings (FL) Markey (MA) Cleaver Heinrich Massa [Roll No. 871] AYES—165 Clyburn Herseth Sandlin Matsui AYES—186 Akin Blackburn Burton (IN) Connolly (VA) Higgins McCarthy (NY) Alexander Blunt Buyer Conyers Hill McCollum Akin Bishop (UT) Brown-Waite, Altmire Bonner Calvert Costa Himes McGovern Alexander Blackburn Ginny Andrews Bono Mack Camp Costello Hinchey McIntyre Austria Blunt Buchanan Austria Boozman Campbell Courtney Hinojosa McMahon Bachmann Boehner Burgess Bachmann Boren Cantor Crowley Hirono McNerney Bachus Bonner Burton (IN) Bachus Boswell Cao Cuellar Hodes Meek (FL) Baird Bono Mack Buyer Barrett (SC) Boucher Cardoza Culberson Holden Meeks (NY) Barrett (SC) Boozman Calvert Bartlett Boustany Chaffetz Cummings Holt Melancon Barrow Boren Camp Barton (TX) Brady (TX) Coble Dahlkemper Honda Michaud Bartlett Boustany Campbell Biggert Bright Coffman (CO) Davis (AL) Hoyer Miller (NC) Barton (TX) Brady (TX) Cantor Bilbray Brown (SC) Cohen Davis (CA) Inslee Miller, George Biggert Bright Cao Bilirakis Buchanan Cole Davis (IL) Israel Mitchell Bilbray Broun (GA) Capito Bishop (UT) Burgess Cooper Davis (TN) Jackson (IL) Mollohan Bilirakis Brown (SC) Cassidy

VerDate Nov 24 2008 06:36 Jan 30, 2010 Jkt 079060 PO 00000 Frm 00072 Fmt 7634 Sfmt 0634 E:\RECORD09\H06NO9.REC H06NO9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE November 6, 2009 CONGRESSIONAL RECORD — HOUSE H12531 Castle Jones Price (GA) McCollum Perriello Shuler Cole King (NY) Putnam Chaffetz Jordan (OH) Putnam McDermott Peters Sires Costello Kingston Radanovich Coble King (IA) Radanovich McGovern Peterson Slaughter Crenshaw Kirk Rehberg Coffman (CO) King (NY) Rehberg McIntyre Pierluisi Smith (WA) Culberson Kline (MN) Reichert Cole Kingston Reichert McMahon Pingree (ME) Snyder Davis (KY) Lamborn Roe (TN) Crenshaw Kirk Roe (TN) McNerney Polis (CO) Speier Deal (GA) Lance Rogers (AL) Culberson Kline (MN) Rogers (AL) Meek (FL) Pomeroy Stark Dent Latham Rogers (KY) Davis (KY) Lamborn Rogers (KY) Meeks (NY) Price (NC) Stupak Diaz-Balart, L. LaTourette Rohrabacher Deal (GA) Lance Rohrabacher Melancon Quigley Sutton Diaz-Balart, M. Latta Rooney Dent Latham Rooney Michaud Rahall Tanner Donnelly (IN) Lee (NY) Ros-Lehtinen Miller (NC) Dreier Lewis (CA) Diaz-Balart, L. LaTourette Ros-Lehtinen Rangel Thompson (CA) Roskam Miller, George Reyes Thompson (MS) Duncan Linder Diaz-Balart, M. Latta Roskam Royce Donnelly (IN) Lee (NY) Royce Mitchell Richardson Tierney Ellsworth LoBiondo Ryan (WI) Dreier Lewis (CA) Ryan (WI) Mollohan Rodriguez Titus Emerson Lucas Scalise Duncan Linder Salazar Moore (KS) Ross Tonko Fallin Luetkemeyer Schmidt Ellsworth LoBiondo Scalise Moore (WI) Rothman (NJ) Towns Flake Lummis Emerson Lucas Schmidt Moran (VA) Roybal-Allard Tsongas Fleming Lungren, Daniel Schock Fallin Luetkemeyer Sensenbrenner Murphy (CT) Ruppersberger Van Hollen Forbes E. Sensenbrenner Flake Lummis Sessions Murphy (NY) Rush Vela´ zquez Fortenberry Mack Sessions Fleming Lungren, Daniel Shadegg Murtha Ryan (OH) Visclosky Foxx Manzullo Shadegg Forbes E. Shimkus Nadler (NY) Sablan Walz Franks (AZ) Marchant Shimkus Fortenberry Mack Shuster Napolitano Sanchez, Loretta Wasserman Frelinghuysen Markey (CO) Shuster Foxx Manzullo Simpson Neal (MA) Sarbanes Schultz Gallegly Marshall Simpson Franks (AZ) Marshall Skelton Nye Schakowsky Waters Garrett (NJ) McCarthy (CA) Skelton Frelinghuysen McCarthy (CA) Smith (NE) Oberstar Schauer Watson Gerlach McCaul Smith (NE) Gallegly McCaul Smith (NJ) Obey Schiff Watt Gingrey (GA) McClintock Smith (NJ) Garrett (NJ) McClintock Smith (TX) Olver Schrader Waxman Gohmert McCotter Smith (TX) Gerlach McCotter Souder Ortiz Schwartz Weiner Goodlatte McHenry Souder Gingrey (GA) McHenry Space Owens Scott (GA) Welch Granger McKeon Space Gohmert McKeon Spratt Pallone Scott (VA) Wexler Graves McMorris Stearns Goodlatte McMorris Stearns Pascrell Serrano Wilson (OH) Griffith Rodgers Sullivan Granger Rodgers Sullivan Pastor (AZ) Sestak Woolsey Guthrie Mica Tanner Graves Mica Taylor Payne Shea-Porter Wu Hall (TX) Miller (FL) Taylor Green, Gene Miller (FL) Teague Perlmutter Sherman Yarmuth Halvorson Miller (MI) Teague Griffith Miller (MI) Terry Harper Miller, Gary Terry NOT VOTING—13 Hastings (WA) Minnick Guthrie Miller, Gary Thompson (PA) Thompson (PA) Hall (TX) Minnick Thornberry Heller Moran (KS) Aderholt Farr Rogers (MI) Thornberry Halvorson Moran (KS) Tiahrt ´ Hensarling Murphy, Tim Carter Marchant Sanchez, Linda Tiahrt Harper Murphy, Tim Tiberi Chandler Murphy, Patrick Herger Myrick T. Tiberi Hastings (WA) Myrick Turner Conaway Norton Herseth Sandlin Neugebauer Schock Turner Heller Neugebauer Upton Ehlers Nunes Hoekstra Olson Hensarling Olson Walden Holden Paul Upton Herger Paul Wamp ANNOUNCEMENT BY THE ACTING CHAIR Hunter Paulsen Walden Hoekstra Paulsen Westmoreland The Acting CHAIR (during the vote). Inglis Pence Wamp Westmoreland Hunter Pence Whitfield Members have 2 minutes remaining in Issa Petri Inglis Petri Wilson (SC) Jenkins Pitts Whitfield Issa Pitts Wittman this vote. Johnson (IL) Platts Wilson (SC) Jenkins Platts Wolf Johnson, Sam Poe (TX) Wittman Johnson (IL) Poe (TX) Young (AK) 1558 Jones Pomeroy Wolf Johnson, Sam Posey Young (FL) b Jordan (OH) Posey Young (AK) So the amendment was rejected. King (IA) Price (GA) Young (FL) NOES—241 The result of the vote was announced NOES—236 Abercrombie Cuellar Hirono as above recorded. Abercrombie Davis (AL) Hodes Ackerman Cummings Hodes Ackerman Davis (CA) Holt Adler (NJ) Dahlkemper AMENDMENT NO. 5 OFFERED BY MR. DENT Holden Adler (NJ) Davis (IL) Honda Altmire Davis (AL) Holt The Acting CHAIR. The unfinished Altmire Davis (TN) Hoyer Andrews Davis (CA) Honda business is the demand for a recorded Andrews DeFazio Inslee Arcuri Davis (IL) Hoyer Baca DeGette Israel Baca Davis (TN) vote on the amendment offered by the Inslee Baldwin Delahunt Jackson (IL) Baldwin DeFazio gentleman from Pennsylvania (Mr. Israel Barrow DeLauro Jackson-Lee Bean DeGette Jackson (IL) DENT) on which further proceedings Bean Dicks (TX) Becerra Delahunt Jackson-Lee were postponed and on which the noes Becerra Dingell Johnson (GA) Berkley DeLauro (TX) Berkley Doggett Johnson, E. B. Berman Dicks prevailed by voice vote. Johnson (GA) Berman Doyle Kagen Berry Dingell Johnson, E. B. The Clerk will redesignate the Bishop (GA) Driehaus Kanjorski Bishop (GA) Doggett Kagen amendment. Bishop (NY) Edwards (MD) Kaptur Bishop (NY) Doyle Kanjorski Blumenauer Edwards (TX) Kennedy Blumenauer Driehaus The Clerk redesignated the amend- Kaptur Boccieri Ellison Kildee Boccieri Edwards (MD) ment. Kennedy Bordallo Engel Kilpatrick (MI) Bordallo Edwards (TX) Kildee RECORDED VOTE Boucher Eshoo Kilroy Boswell Ellison Kilpatrick (MI) Boyd Etheridge Kind Boucher Engel The Acting CHAIR. A recorded vote Kilroy Brady (PA) Faleomavaega Kirkpatrick (AZ) Boyd Eshoo Kind has been demanded. Braley (IA) Farr Kissell Brady (PA) Etheridge Kirkpatrick (AZ) A recorded vote was ordered. Brown, Corrine Fattah Klein (FL) Braley (IA) Faleomavaega Kissell Butterfield Filner Kosmas Brown, Corrine Fattah The Acting CHAIR. This will be a 5- Klein (FL) Capps Foster Kratovil Butterfield Filner minute vote. Kosmas Capuano Frank (MA) Kucinich Capps Foster Kratovil The vote was taken by electronic de- Cardoza Fudge Langevin Capuano Frank (MA) Kucinich vice, and there were—ayes 193, noes 236, Carnahan Garamendi Larsen (WA) Cardoza Fudge Langevin Carney Giffords Larson (CT) Carnahan Garamendi not voting 11, as follows: Larsen (WA) Carson (IN) Gonzalez Lee (CA) Carney Giffords Larson (CT) [Roll No. 872] Castor (FL) Gordon (TN) Levin Carson (IN) Gonzalez Lee (CA) Childers Grayson Lewis (GA) Castor (FL) Gordon (TN) AYES—193 Levin Christensen Green, Al Lipinski Childers Grayson Akin Blackburn Buchanan Lewis (GA) Chu Green, Gene Loebsack Christensen Green, Al Alexander Blunt Burgess Lipinski Clarke Grijalva Lofgren, Zoe Chu Grijalva Arcuri Boehner Burton (IN) Loebsack Clay Gutierrez Lowey Clarke Gutierrez Austria Bonner Buyer Lofgren, Zoe Clyburn Hall (NY) Luja´ n Clay Hall (NY) Bachmann Bono Mack Calvert Lowey Cohen Hare Lynch Cleaver Hare ´ Bachus Boozman Camp Lujan Connolly (VA) Harman Maffei Clyburn Harman Baird Boren Campbell Lynch Conyers Hastings (FL) Maloney Cohen Hastings (FL) Barrett (SC) Boswell Cantor Maffei Cooper Heinrich Markey (MA) Connolly (VA) Heinrich Bartlett Boustany Cao Maloney Costa Higgins Massa Conyers Herseth Sandlin Barton (TX) Brady (TX) Capito Markey (CO) Courtney Hill Matheson Cooper Higgins Berry Bright Cassidy Markey (MA) Crowley Himes Matsui Costa Hill Biggert Broun (GA) Castle Massa Cuellar Hinchey McCarthy (NY) Costello Himes Bilbray Brown (SC) Chaffetz Matheson Cummings Hinojosa McCollum Courtney Hinchey Bilirakis Brown-Waite, Coble Matsui Dahlkemper Hirono McDermott Crowley Hinojosa McCarthy (NY) Bishop (UT) Ginny Coffman (CO)

VerDate Nov 24 2008 06:36 Jan 30, 2010 Jkt 079060 PO 00000 Frm 00073 Fmt 7634 Sfmt 0634 E:\RECORD09\H06NO9.REC H06NO9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE H12532 CONGRESSIONAL RECORD — HOUSE November 6, 2009 McGovern Peterson Slaughter Capito Jones Posey Matsui Perriello Sires McIntyre Pierluisi Smith (WA) Cassidy Jordan (OH) Price (GA) McCarthy (NY) Peters Skelton McMahon Pingree (ME) Snyder Castle King (NY) Putnam McCollum Peterson Slaughter McNerney Polis (CO) Speier Chaffetz Kingston Radanovich McDermott Pierluisi Smith (WA) Meek (FL) Price (NC) Spratt Coble Kirk Rehberg McGovern Pingree (ME) Snyder Meeks (NY) Quigley Stark Coffman (CO) Kline (MN) Reichert McIntyre Polis (CO) Space Melancon Rahall Stupak Cole Kratovil Roe (TN) McNerney Price (NC) Speier Michaud Rangel Sutton Cooper Lamborn Rogers (AL) Meek (FL) Quigley Stark Miller (NC) Reyes Meeks (NY) Rahall Stupak Thompson (CA) Costa Lance Rogers (KY) Miller, George Richardson Crenshaw Latham Melancon Rangel Sutton Thompson (MS) Rohrabacher Mitchell Rodriguez Culberson LaTourette Michaud Reyes Tanner Tierney Rooney Mollohan Ross Dahlkemper Latta Miller (NC) Richardson Thompson (CA) Titus Ros-Lehtinen Moore (KS) Rothman (NJ) Davis (KY) Lee (NY) Miller, George Rodriguez Thompson (MS) Roskam Moore (WI) Roybal-Allard Tonko Deal (GA) Lewis (CA) Mitchell Ross Tierney Royce Moran (VA) Ruppersberger Towns Dent Linder Mollohan Rothman (NJ) Titus Ryan (WI) Murphy (CT) Rush Tsongas Diaz-Balart, L. LoBiondo Moore (KS) Roybal-Allard Tonko Murphy (NY) Ryan (OH) Van Hollen Diaz-Balart, M. Lucas Salazar Moore (WI) Ruppersberger Towns Murtha Sablan Vela´ zquez Donnelly (IN) Luetkemeyer Scalise Moran (VA) Rush Tsongas Nadler (NY) Salazar Visclosky Dreier Lummis Schmidt Murphy (CT) Ryan (OH) Van Hollen Napolitano Sanchez, Loretta Walz Duncan Lungren, Daniel Schock Murtha Sablan Vela´ zquez Neal (MA) Sarbanes Wasserman Ellsworth E. Sensenbrenner Nadler (NY) Sanchez, Loretta Visclosky Nye Schakowsky Schultz Emerson Mack Sessions Napolitano Sarbanes Walz Oberstar Schauer Waters Fallin Manzullo Shadegg Neal (MA) Schakowsky Wasserman Obey Schiff Watson Flake Marchant Shimkus Nye Schauer Schultz Olver Schrader Watt Fleming Marshall Shuster Oberstar Schiff Waters Ortiz Schwartz Waxman Forbes McCarthy (CA) Simpson Obey Schrader Watson Owens Scott (GA) Weiner Fortenberry McCaul Smith (NE) Olver Schwartz Waxman Pallone Scott (VA) Ortiz Scott (GA) Weiner Welch Foxx McClintock Smith (NJ) Pascrell Serrano Franks (AZ) McCotter Owens Scott (VA) Welch Wexler Smith (TX) Pastor (AZ) Sestak Frelinghuysen McHenry Pallone Serrano Wexler Wilson (OH) Souder Payne Shea-Porter Gallegly McKeon Spratt Pascrell Sestak Wilson (OH) Perlmutter Sherman Woolsey Garrett (NJ) McMahon Pastor (AZ) Shea-Porter Woolsey Wu Stearns Perriello Shuler Gerlach McMorris Sullivan Payne Sherman Wu Yarmuth Peters Sires Gingrey (GA) Rodgers Taylor Perlmutter Shuler Yarmuth Goodlatte Mica NOT VOTING—11 Teague NOT VOTING—12 Gordon (TN) Miller (FL) Terry Granger Miller (MI) Aderholt Gohmert Rogers (MI) Aderholt Conaway Nunes Thompson (PA) Graves Miller, Gary Carter King (IA) Sa´ nchez, Linda Carter Ehlers Rogers (MI) Thornberry Chandler Murphy, Patrick Sa´ nchez, Linda Griffith Minnick Chandler Murphy, Patrick T. Tiahrt Cleaver Norton T. Guthrie Moran (KS) Conaway Norton Hall (TX) Murphy (NY) Tiberi Ehlers Nunes ANNOUNCEMENT BY THE ACTING CHAIR Halvorson Murphy, Tim Turner ANNOUNCEMENT BY THE ACTING CHAIR The Acting CHAIR (during the vote). Harper Myrick Upton Walden The Acting CHAIR (during the vote). There are 2 minutes remaining on this Hastings (WA) Neugebauer Heller Olson Wamp There are 2 minutes remaining on this vote. Watt Hensarling Paul vote. Herger Paulsen Westmoreland b 1605 Hoekstra Pence Whitfield b 1612 Hunter Petri Wilson (SC) Mrs. CAPPS changed her vote from Inglis Pitts Wittman Mr. TERRY changed his vote from ‘‘aye’’ to ‘‘no.’’ Issa Platts Wolf ‘‘no’’ to ‘‘aye.’’ So the amendment was rejected. Jenkins Poe (TX) Young (AK) So the amendment was rejected. The result of the vote was announced Johnson, Sam Pomeroy Young (FL) The result of the vote was announced as above recorded. NOES—232 as above recorded. AMENDMENT NO. 8 OFFERED BY MR. MCCAUL The Acting CHAIR. The question is Abercrombie Davis (IL) Hodes on the amendment in the nature of a The Acting CHAIR. The unfinished Ackerman Davis (TN) Holden business is the demand for a recorded Andrews DeFazio Holt substitute, as amended. The amendment in the nature of a vote on the amendment offered by the Baca DeGette Honda Baldwin Delahunt Hoyer substitute, as amended, was agreed to. gentleman from Texas (Mr. MCCAUL) Barrow DeLauro Inslee The Acting CHAIR. Under the rule, on which further proceedings were Becerra Dicks Israel the Committee rises. postponed and on which the noes pre- Berkley Dingell Jackson (IL) Berman Doggett Jackson-Lee Accordingly, the Committee rose; vailed by voice vote. Bishop (GA) Doyle (TX) and the Speaker pro tempore (Mr. PAS- The Clerk will redesignate the Bishop (NY) Driehaus Johnson (GA) TOR of Arizona) having assumed the amendment. Blumenauer Edwards (MD) Johnson (IL) Boccieri Edwards (TX) Johnson, E. B. chair, Mr. MORAN of Virginia, Acting The Clerk redesignated the amend- Bordallo Ellison Kagen Chair of the Committee of the Whole ment. Boucher Engel Kanjorski House on the State of the Union, re- RECORDED VOTE Boyd Eshoo Kaptur ported that that Committee, having Brady (PA) Etheridge Kennedy The Acting CHAIR. A recorded vote Braley (IA) Faleomavaega Kildee had under consideration the bill (H.R. has been demanded. Brown, Corrine Farr Kilpatrick (MI) 2868) to amend the Homeland Security A recorded vote was ordered. Butterfield Fattah Kilroy Act of 2002 to extend, modify, and re- Capps Filner Kind codify the authority of the Secretary The Acting CHAIR. This will be a 5- Capuano Foster Kirkpatrick (AZ) minute vote. Cardoza Frank (MA) Kissell of Homeland Security to enhance secu- The vote was taken by electronic de- Carnahan Fudge Klein (FL) rity and protect against acts of ter- vice, and there were—ayes 196, noes 232, Carney Garamendi Kosmas rorism against chemical facilities, and Carson (IN) Giffords Kucinich not voting 12, as follows: Castor (FL) Gonzalez Langevin for other purposes, pursuant to House [Roll No. 873] Childers Grayson Larsen (WA) Resolution 885, he reported the bill Christensen Green, Al Larson (CT) AYES—196 back to the House with an amendment Chu Green, Gene Lee (CA) adopted by the Committee of the Adler (NJ) Biggert Bright Clarke Grijalva Levin Akin Bilbray Broun (GA) Clay Gutierrez Lewis (GA) Whole. Alexander Bilirakis Brown (SC) Cleaver Hall (NY) Lipinski The SPEAKER pro tempore. Under Altmire Bishop (UT) Brown-Waite, Clyburn Hare Loebsack the rule, the previous question is or- Arcuri Blackburn Ginny Cohen Harman Lofgren, Zoe dered. Austria Blunt Buchanan Connolly (VA) Hastings (FL) Lowey Bachmann Boehner Burgess Conyers Heinrich Luja´ n The question is on the amendment in Bachus Bonner Burton (IN) Costello Herseth Sandlin Lynch the nature of a substitute, as amended. Baird Bono Mack Buyer Courtney Higgins Maffei The amendment in the nature of a Barrett (SC) Boozman Calvert Crowley Hill Maloney substitute, as amended, was agreed to. Bartlett Boren Camp Cuellar Himes Markey (CO) The SPEAKER pro tempore. The Barton (TX) Boswell Campbell Cummings Hinchey Markey (MA) Bean Boustany Cantor Davis (AL) Hinojosa Massa question is on the engrossment and Berry Brady (TX) Cao Davis (CA) Hirono Matheson third reading of the bill.

VerDate Nov 24 2008 06:36 Jan 30, 2010 Jkt 079060 PO 00000 Frm 00074 Fmt 7634 Sfmt 0634 E:\RECORD09\H06NO9.REC H06NO9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE November 6, 2009 CONGRESSIONAL RECORD — HOUSE H12533 The bill was ordered to be engrossed And for those of you who say that sec- We heard the promises from the ma- and read a third time, and was read the tor will be exempt, I say prove it. jority to create jobs. We heard that the third time. That’s not true. That’s not in the legis- stimulus bill would cap unemployment lation. If it is, just tell me which page at 8 percent. Just yesterday, I heard b 1615 to turn to in here, and we’ll try to find several Members of Congress say that MOTION TO RECOMMIT it. It’s not in here. this legislation would not cost Amer- Mr. DENT. Mr. Speaker, I have a mo- The cost of mandating IST is stag- ican jobs. If you believe that, if that tion to recommit at the desk. gering. Twenty-seven associations, in- wasn’t just talk for the television cam- The SPEAKER pro tempore. Is the cluding the U.S. Chamber of Com- eras, then you should support this mo- gentleman opposed to the bill? merce, stated that the costs are esti- tion to recommit. Mr. DENT. I am, in its present form. mated to range from thousands of dol- This is an opportunity to save jobs The SPEAKER pro tempore. The lars to millions of dollars per facility— before they need creating, to prevent Clerk will report the motion to recom- millions of dollars. Almost 60 percent putting more hardworking Americans mit. of the facilities regulated under this on unemployment, to stand up for the The Clerk read as follows: act employ fewer than 50 individuals. farmers who put food on our table, to Mr. Dent moves to recommit the bill H.R. These are the smallest of small busi- stand up for manufacturers and to 2868 to the Committee on Homeland Security nesses. Do we really think they can af- stand up for the small businesses own- with instructions to report the same back to ford to put millions of dollars into the ers. the House forthwith with the following amendments: redesigning of processes and facilities Support the motion to recommit and Page 52, line 16, strike ‘‘and’’. during these difficult economic times? let’s keep America working. Page 52, line 21, strike the period and in- We know the reality of these ex- I yield back the balance of my time. sert ‘‘; and’’. penses. When the cost of doing business Mr. THOMPSON of Mississippi. Mr. Page 52, after line 21, insert the following: goes up, there are only two options: Speaker, I rise to claim time in opposi- ‘‘(iv) would not significantly or demon- you can pass the cost on to consumers, tion. strably reduce the operations of the covered or you can lay off workers. In today’s The SPEAKER pro tempore. Is the chemical facility or result in any net reduc- competitive market, unfortunately, it gentleman from Mississippi opposed to tion in private sector employment when na- is much easier to shed a few employees the motion? tional unemployment is above 4 percent.’’. than to raise prices. You know it, I Mr. THOMPSON of Mississippi. In its Mr. DENT (during the reading). Mr. know it, and the American people present form, I am. Speaker, I ask unanimous consent that know it. The SPEAKER pro tempore. The gen- the motion to recommit be considered This is just the latest in a string of tleman is recognized for 5 minutes. as read. bills that will cost American jobs. The Mr. THOMPSON of Mississippi. Mr. The SPEAKER pro tempore. Is there health care bill will result in millions Speaker, I can say to my colleague in objection to the request of the gen- of lost jobs across the country. In my this motion to recommit, we will have tleman from Pennsylvania? district alone, more than 2,000 jobs are a jobs bill coming out of this body in There was no objection. at risk because of the medical device the not-too-distant future. I look for- The SPEAKER pro tempore. The gen- tax, and another 300 are in jeopardy ward to Republican support of that tleman from Pennsylvania is recog- just because of the dental provisions in jobs bill when it comes forth. nized for 5 minutes. the health care bill. But this is a security bill, Mr. Speak- Mr. DENT. Mr. Speaker, today, the The cap-and-trade bill, the national er. How in the world can we sacrifice Bureau of Labor Statistics issued the energy tax will force the Common- security and tie it to unemployment? most recent unemployment numbers, wealth of Pennsylvania to shed as Can you believe when the terrorists and they rose yet again to 10.2 percent, many as 66,000 jobs by 2020, according come they’ll say, Is the unemployment the highest unemployment rate in over to the Pennsylvania Public Utility rate low enough for us to attack you, 25 years. Last month, 190,000 hard- Commission, and raise energy costs for or should we wait until it gets to 4 per- working Americans lost their jobs, al- consumers and businesses alike. Every cent? In the last 478 months, we’ve had most a third of which came from the district in every State will point to 4 percent unemployment 6 of those manufacturing sector. similar job losses as a result of these months. So we’re going to have to wait Now, there are plenty of reasons to detrimental policies. all that time before we invest in secu- oppose the inclusion of any IST man- The hemorrhaging of American jobs rity. date in this bill; it’s a vague and sub- must stop. I’m not sure about other This is a security bill; it is not a jobs jective philosophy that will cost facili- Members in this Chamber, but to me bill. We will have an opportunity to do ties millions of dollars. The Depart- every job is important and every job a jobs bill later. I look forward to the ment has no experts on IST, inherently counts. This motion to recommit sim- Republican support for that. safer technologies, nor any plans to ply requires the Secretary to consider Mr. Speaker, I yield the balance of hire them. And it’s not really even the jobs of hardworking Americans be- my time to the gentleman from Massa- about security at all. fore imposing a mandate to implement chusetts (Mr. MARKEY). But the worst part of the IST man- inherently safer technologies, ISTs. Mr. MARKEY of Massachusetts. I date is that nowhere in the current bill This in no way reduces our Nation’s thank the gentleman from Mississippi, is the Secretary required to consider security. They are still required to im- and I thank him for his great work on the impact on the local economy and plement site security plans, but as this historic legislation. on the local workforce before imposing Chairman MARKEY said during markup, Unemployment has not been under 4 these unnecessary requirements. This The safer technology requirement is percent since September 11. One of the is simply unimaginable in the current not about bolstering security. When I reasons that it has not been under 4 economy. Unemployment is now at 10.2 offered a similar amendment at the full percent since September 11 is the at- percent. committee, my friend, Ms. JACKSON- tack on September 11, which paralyzed The agricultural sector, much of LEE, and my friend, Mr. CUELLAR, both our airline industry, paralyzed our which will now be regulated under this spoke in strong support stating, We tourism industry, and led to a precipi- bill, has an unemployment rate of over want to make sure that it does not ad- tous drop in GDP because of the reac- 11 percent. Perhaps that’s why agri- versely affect the workforce, which is tion to it. culture groups, including the Farm Bu- something we all support. That provi- And by the way, these workers that reau and others, warn that IST ‘‘could sion passed unanimously. That’s why I the Republicans want to protect, well, have a devastating impact on Amer- was angered when it was stripped out we received a letter from the Steel- ican agriculture.’’ That’s the Farm Bu- by the Rules Committee. workers, the Communications Workers, reau’s words, not mine. Now, I say enough is enough. This the Autoworkers, the Chemical Work- Mandating implementation would re- motion simply says we’ve lost enough ers, the Teamsters, the SEIU. Here is sult in increased costs, higher con- American jobs, and we don’t need to their letter to us: ‘‘We oppose amend- sumer prices, and lower crop yields. lose anymore. ments that purport to protect jobs but

VerDate Nov 24 2008 06:36 Jan 30, 2010 Jkt 079060 PO 00000 Frm 00075 Fmt 7634 Sfmt 0634 E:\RECORD09\H06NO9.REC H06NO9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE H12534 CONGRESSIONAL RECORD — HOUSE November 6, 2009 in fact only hinder the implementation Crenshaw Kirkpatrick (AZ) Posey Melancon Quigley Speier of methods to reduce the consequences Culberson Kline (MN) Price (GA) Michaud Rahall Spratt Davis (KY) Lamborn Putnam Miller (NC) Rangel Stark of a terrorist attack.’’ Deal (GA) Lance Radanovich Miller, George Reyes Stupak And why do they take that position? Dent Latham Rehberg Mollohan Richardson Sutton They take that position because the at- Diaz-Balart, L. LaTourette Reichert Moore (KS) Rodriguez Tanner Moore (WI) Ross tack is coming on them, the workers at Diaz-Balart, M. Latta Roe (TN) Thompson (CA) Donnelly (IN) Lee (NY) Rogers (AL) Moran (VA) Rothman (NJ) Thompson (MS) Murphy (CT) Roybal-Allard these plants. Dreier Lewis (CA) Rogers (KY) Tierney Duncan Linder Rohrabacher Murphy (NY) Ruppersberger So the nuclear industry, we have the Titus Emerson LoBiondo Rooney Murtha Rush Tonko protections in place, the aviation in- Fallin Lucas Ros-Lehtinen Nadler (NY) Ryan (OH) dustry, the cargo industry, the rail in- Flake Luetkemeyer Roskam Napolitano Salazar Towns dustry, the shipping industry; but the Fleming Lummis Royce Neal (MA) Sanchez, Loretta Tsongas Van Hollen chemical industry, with facilities in Forbes Lungren, Daniel Ryan (WI) Nunes Sarbanes Fortenberry E. Scalise Nye Schakowsky Vela´ zquez urban areas or near large population Foxx Mack Schmidt Oberstar Schauer Visclosky areas, the Republicans for 7 years have Franks (AZ) Manzullo Schock Obey Schiff Walz said no protection. When unemploy- Frelinghuysen Marchant Sensenbrenner Olver Schrader Wasserman ment was at 5 percent, they said no; 6 Gallegly Marshall Sessions Ortiz Schwartz Schultz Garrett (NJ) Massa Shadegg Owens Scott (GA) Waters percent; 7 percent; 8 percent; 9 percent; Gerlach McCarthy (CA) Shimkus Pallone Scott (VA) Watson no, no, no, no protection for these Gingrey (GA) McCaul Shuster Pascrell Serrano Watt workers at chemical facilities and Gohmert McClintock Simpson Pastor (AZ) Sestak Waxman Goodlatte McCotter Smith (NE) Payne Shea-Porter those who live around them. Weiner Granger McHenry Smith (NJ) Perlmutter Sherman Welch Peters Al Qaeda has metastasized in the last Graves McKeon Smith (TX) Shuler Wexler Griffith McMorris Souder Peterson Sires 7 years. They are coming back; that is Wilson (OH) Guthrie Rodgers Space Pingree (ME) Skelton Woolsey their goal. Chemical facilities are at Hall (TX) McNerney Stearns Polis (CO) Slaughter Wu the top of their terrorist target list. We Hare Mica Sullivan Pomeroy Smith (WA) are trying to, finally, in this one last Harper Miller (FL) Taylor Price (NC) Snyder Yarmuth industry, put in place the security Hastings (WA) Miller (MI) Teague Heller Miller, Gary Terry NOT VOTING—9 around these facilities to protect the Hensarling Minnick Thompson (PA) Aderholt Ehlers Sa´ nchez, Linda American people, to protect the work- Herger Mitchell Thornberry Carter Issa T. ers at these facilities. That’s what this Herseth Sandlin Moran (KS) Tiahrt Chandler Murphy, Patrick Hoekstra Murphy, Tim Tiberi Conaway Rogers (MI) debate is all about. This amendment Hunter Myrick Turner will undermine, will make it impos- Inglis Neugebauer Upton b 1643 sible for us to give those protections to Jenkins Olson Walden Mr. CLEAVER changed his vote from the American people. Johnson (IL) Paul Wamp Johnson, Sam Paulsen Westmoreland ‘‘aye’’ to ‘‘no.’’ We need a resounding ‘‘no’’ against Jones Pence Whitfield So the motion to recommit was re- this recommittal motion. We must Jordan (OH) Perriello Wilson (SC) jected. stand up for the workers of this coun- King (IA) Petri Wittman The result of the vote was announced try; we must give them the protection King (NY) Pitts Wolf Kingston Platts Young (AK) as above recorded. that they need. Vote ‘‘no’’ on the re- Kirk Poe (TX) Young (FL) The SPEAKER pro tempore. The committal motion of the Republicans. question is on the passage of the bill. Mr. THOMPSON of Mississippi. Mr. NOES—236 The question was taken; and the Speaker, I yield back the balance of Abercrombie Davis (CA) Honda Speaker pro tempore announced that my time. Ackerman Davis (IL) Hoyer Adler (NJ) Davis (TN) Inslee the ayes appeared to have it. The SPEAKER pro tempore. Without Altmire DeFazio Israel RECORDED VOTE objection, the previous question is or- Andrews DeGette Jackson (IL) dered on the motion to recommit. Arcuri Delahunt Jackson-Lee Mr. DENT. Mr. Speaker, I demand a There was no objection. Baca DeLauro (TX) recorded vote. Baldwin Dicks Johnson (GA) A recorded vote was ordered. The SPEAKER pro tempore. The Barrow Dingell Johnson, E. B. question is on the motion to recommit. Bean Doggett Kagen The SPEAKER pro tempore. This is a The question was taken; and the Becerra Doyle Kanjorski 5-minute vote. Berkley Driehaus Kaptur The vote was taken by electronic de- Speaker pro tempore announced that Berman Edwards (MD) Kennedy the noes appeared to have it. Berry Edwards (TX) Kildee vice, and there were—ayes 230, noes 193, Bishop (GA) Ellison Kilpatrick (MI) not voting 11, as follows: RECORDED VOTE Bishop (NY) Ellsworth Kilroy [Roll No. 875] Mr. DENT. Mr. Speaker, I demand a Blumenauer Engel Kind recorded vote. Boccieri Eshoo Kissell AYES—230 A recorded vote was ordered. Boswell Etheridge Klein (FL) Abercrombie Childers Edwards (TX) Boucher Farr Kosmas Ackerman Chu Ellison The SPEAKER pro tempore. Pursu- Boyd Fattah Kratovil Adler (NJ) Clarke Ellsworth ant to clause 9 of rule XX, the Chair Brady (PA) Filner Kucinich Altmire Clay Engel will reduce to 5 minutes the minimum Braley (IA) Foster Langevin Andrews Clyburn Eshoo time for any electronic vote on the Brown, Corrine Frank (MA) Larsen (WA) Arcuri Cohen Etheridge Butterfield Fudge Larson (CT) Baca Connolly (VA) Farr question of passage. Capps Garamendi Lee (CA) Baldwin Conyers Fattah The vote was taken by electronic de- Capuano Giffords Levin Barrow Cooper Filner vice, and there were—ayes 189, noes 236, Cardoza Gonzalez Lewis (GA) Bean Costello Foster Carnahan Gordon (TN) Lipinski Becerra Courtney Frank (MA) not voting 9, as follows: Carney Grayson Loebsack Berkley Crowley Fudge [Roll No. 874] Carson (IN) Green, Al Lofgren, Zoe Berman Cuellar Garamendi Castor (FL) Green, Gene Lowey AYES—189 Bishop (GA) Cummings Giffords Chu Grijalva Luja´ n Bishop (NY) Dahlkemper Gonzalez Akin Boehner Buyer Clarke Gutierrez Lynch Blumenauer Davis (AL) Gordon (TN) Alexander Bonner Calvert Clay Hall (NY) Maffei Boswell Davis (CA) Grayson Austria Bono Mack Camp Cleaver Halvorson Maloney Boucher Davis (IL) Green, Al Bachmann Boozman Campbell Clyburn Harman Markey (CO) Boyd DeFazio Green, Gene Bachus Boren Cantor Cohen Hastings (FL) Markey (MA) Brady (PA) DeGette Grijalva Baird Boustany Cao Connolly (VA) Heinrich Matheson Braley (IA) Delahunt Gutierrez Barrett (SC) Brady (TX) Capito Conyers Higgins Matsui Brown, Corrine DeLauro Hall (NY) Bartlett Bright Cassidy Cooper Hill McCarthy (NY) Butterfield Dicks Harman Barton (TX) Broun (GA) Castle Costello Himes McCollum Capps Dingell Hastings (FL) Biggert Brown (SC) Chaffetz Courtney Hinchey McDermott Capuano Doggett Heinrich Bilbray Brown-Waite, Childers Crowley Hinojosa McGovern Carnahan Donnelly (IN) Higgins Bilirakis Ginny Coble Cuellar Hirono McIntyre Carney Doyle Hill Bishop (UT) Buchanan Coffman (CO) Cummings Hodes McMahon Carson (IN) Driehaus Himes Blackburn Burgess Cole Dahlkemper Holden Meek (FL) Castor (FL) Edwards (MD) Hinchey Blunt Burton (IN) Costa Davis (AL) Holt Meeks (NY)

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Hinojosa McIntyre Sanchez, Loretta Poe (TX) Schmidt Terry HOUSE OF REPRESENTATIVES, Hirono McMahon Sarbanes Posey Schock Thompson (PA) Washington, DC, November 2, 2009. Price (GA) Sensenbrenner Hodes McNerney Schakowsky Thornberry Hon. NANCY PELOSI, Putnam Sessions Holden Meek (FL) Schauer Tiahrt Speaker, House of Representatives, Washington, Holt Meeks (NY) Radanovich Shadegg Schiff Tiberi DC Honda Melancon Schrader Rehberg Shimkus Turner DEAR MADAME SPEAKER: This is to notify Hoyer Michaud Schwartz Reichert Shuster Upton Inslee Miller (NC) Scott (GA) Roe (TN) Simpson Walden you formally, pursuant to rule VIII of the Rogers (AL) Skelton Israel Miller, George Scott (VA) Wamp Rules of the House of Representatives, that I Jackson (IL) Mitchell Rogers (KY) Smith (NE) Serrano Westmoreland have been served with a subpoena for testi- Jackson-Lee Mollohan Rohrabacher Smith (NJ) Sestak Whitfield mony and production of documents issued by (TX) Moore (KS) Rooney Smith (TX) Shea-Porter the Superior Court of California, County of Johnson (GA) Moore (WI) Ros-Lehtinen Souder Wilson (SC) Johnson, E. B. Moran (VA) Sherman Roskam Space Wittman Yolo, in connection with a traffic court mat- Kagen Murphy (CT) Shuler Ross Stearns Wolf ter now pending in the same court. Kanjorski Murphy (NY) Sires Royce Sullivan Young (AK) After consultation with the Office of the Kaptur Murtha Slaughter Ryan (WI) Taylor Young (FL) General Counsel, I have determined that Kennedy Nadler (NY) Smith (WA) Scalise Teague compliance with the subpoena is incon- Snyder Kildee Napolitano sistent with the precedents and privileges of Speier NOT VOTING—11 Kilpatrick (MI) Neal (MA) the House. Kilroy Nye Spratt Aderholt Conaway Rogers (MI) Kind Oberstar Stark Carter Ehlers Sa´ nchez, Linda Sincerely, Kirkpatrick (AZ) Obey Stupak Chandler McDermott T. PETE STARK, Kissell Olver Sutton Cleaver Murphy, Patrick Waters Member of Congress. Klein (FL) Ortiz Tanner f Kosmas Owens Thompson (CA) ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Kratovil Pallone Thompson (MS) The SPEAKER pro tempore (during CONTINUATION OF NATIONAL Kucinich Pascrell Tierney the vote). There are 2 minutes remain- Langevin Pastor (AZ) EMERGENCY WITH RESPECT TO Titus ing in this vote. Larsen (WA) Payne Tonko WEAPONS OF MASS DESTRUC- Larson (CT) Perlmutter Towns b 1651 TION—MESSAGE FROM THE Lee (CA) Peters Tsongas PRESIDENT OF THE UNITED Levin Peterson Van Hollen So the bill was passed. Lewis (GA) Pingree (ME) STATES (H. DOC. NO. 111–75) Vela´ zquez Lipinski Polis (CO) The result of the vote was announced Visclosky The SPEAKER pro tempore laid be- Loebsack Pomeroy as above recorded. Walz Lofgren, Zoe Price (NC) fore the House the following message Wasserman The title was amended so as to read: Lowey Quigley ‘‘A bill to amend the Homeland Secu- from the President of the United Luja´ n Rahall Schultz Watson rity Act of 2002 to enhance security and States; which was read and, together Lynch Rangel with the accompanying papers, referred Maffei Reyes Watt protect against acts of terrorism Maloney Richardson Waxman against chemical facilities, to amend to the Committee on Foreign Affairs Markey (MA) Rodriguez Weiner and ordered to be printed: Massa Rothman (NJ) Welch the Safe Drinking Water Act to en- Matheson Roybal-Allard Wexler hance the security of public water sys- To The Congress of the United States: Matsui Ruppersberger Wilson (OH) tems, and to amend the Federal Water Section 202(d) of the National Emer- McCarthy (NY) Rush Woolsey Pollution Control Act to enhance the gencies Act (50 U.S.C. 1622(d)) provides McCollum Ryan (OH) Wu McGovern Salazar Yarmuth security of wastewater treatment for the automatic termination of a na- works, and for other purposes.’’. tional emergency unless, prior to the NOES—193 A motion to reconsider was laid on anniversary date of its declaration, the Akin Culberson Kingston the table. President publishes in the Federal Reg- Alexander Davis (KY) Kirk f ister and transmits to the Congress a Austria Davis (TN) Kline (MN) notice stating that the emergency is to Bachmann Deal (GA) Lamborn AUTHORIZING THE CLERK TO continue in effect beyond the anniver- Bachus Dent Lance MAKE CORRECTIONS IN EN- Baird Diaz-Balart, L. Latham sary date. In accordance with this pro- Barrett (SC) Diaz-Balart, M. LaTourette GROSSMENT OF H.R. 2868, CHEM- vision, I have sent to the Federal Reg- Bartlett Dreier Latta ICAL FACILITY ANTI-TERRORISM ister for publication the enclosed no- Barton (TX) Duncan Lee (NY) ACT OF 2009 Berry Emerson Lewis (CA) tice, stating that the national emer- Biggert Fallin Linder Mr. THOMPSON of Mississippi. Mr. gency with respect to the proliferation Bilbray Flake LoBiondo Speaker, I ask unanimous consent that of weapons of mass destruction that Bilirakis Fleming Lucas Bishop (UT) Forbes Luetkemeyer in the engrossment of H.R. 2868, the was declared in Executive Order 12938, Blackburn Fortenberry Lummis Clerk be authorized to correct section as amended, is to continue in effect for Blunt Foxx Lungren, Daniel numbers, punctuation, cross-ref- 1 year beyond November 14, 2009. Boccieri Franks (AZ) E. erences, and to make such other tech- BARACK OBAMA. Boehner Frelinghuysen Mack Bonner Gallegly Manzullo nical and conforming changes as may THE WHITE HOUSE, November 6, 2009. Bono Mack Garrett (NJ) Marchant be necessary to accurately reflect the f Boozman Gerlach Markey (CO) actions of the House. ANNOUNCEMENT BY THE SPEAKER Boren Gingrey (GA) Marshall The SPEAKER pro tempore (Mr. Boustany Gohmert McCarthy (CA) PRO TEMPORE Brady (TX) Goodlatte McCaul SCHRADER). Is there objection to the re- Bright Granger McClintock quest of the gentleman from Mis- The SPEAKER pro tempore. Pursu- Broun (GA) Graves McCotter sissippi? ant to clause 8 of rule XX, the Chair Brown (SC) Griffith McHenry will postpone further proceedings Brown-Waite, Guthrie McKeon There was no objection. Ginny Hall (TX) McMorris f today on motions to suspend the rules Buchanan Halvorson Rodgers on which a recorded vote or the yeas Burgess Hare Mica MESSAGE FROM THE PRESIDENT and nays are ordered, or on which the Burton (IN) Harper Miller (FL) Buyer Hastings (WA) Miller (MI) A message in writing from the Presi- vote incurs objection under clause 6 of Calvert Heller Miller, Gary dent of the United States was commu- rule XX. Camp Hensarling Minnick nicated to the House by Ms. Wanda Record votes on postponed questions Campbell Herger Moran (KS) will be taken later. Cantor Herseth Sandlin Murphy, Tim Evans, one of his secretaries. Cao Hoekstra Myrick f f Capito Hunter Neugebauer Cardoza Inglis Nunes COMMUNICATION FROM THE HON- EXPRESSING SUPPORT FOR CHI- Cassidy Issa Olson ORABLE FORTNEY PETE STARK, NESE HUMAN RIGHTS ACTIVISTS Castle Jenkins Paul MEMBER OF CONGRESS HUANG QI AND TAN ZUOREN Chaffetz Johnson (IL) Paulsen Coble Johnson, Sam Pence The SPEAKER pro tempore laid be- Mr. BERMAN. Mr. Speaker, I move Coffman (CO) Jones Perriello fore the House the following commu- to suspend the rules and agree to the Cole Jordan (OH) Petri Costa King (IA) Pitts nication from the Honorable FORTNEY resolution (H. Res. 877) expressing sup- Crenshaw King (NY) Platts PETE STARK, Member of Congress: port for Chinese human rights activists

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