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