Chemical Security Legislation Status 12-23-09

Over the last year the 111th Congress has introduced a wide variety of legislation. Very little that directly affects the chemical security community has made it completely through the legislative process. As Congress gets ready to adjourn for the remainder of the year, here is a list of incomplete legislation that could yet affect our community. More details on each bill can be found at www.thomas.loc.gov. Incomplete Legislation HR 553 - To require the Secretary of Homeland Security to develop a strategy to prevent the over-classification of homeland security and other information and to promote the sharing of unclassified homeland security and other information, and for other purposes. Passed in House. Senate Homeland Security and Governmental Organization Committee ordered reported favorably on 11-04-09; no report available. HR 732 - To authorize the grant program under which the Secretary of Homeland Security makes discretionary grants for use in high-threat, high-density urban areas, and for other purposes. Assigned to Subcommittee on Emergency Communications, Preparedness, and Response; House Homeland Security Community. HR 1013 - To direct the Secretary of Transportation to establish and carry out a hazardous materials cooperative research program. Assigned to Subcommittee on Technology and Innovation; House Science and Technology Committee. HR 1187 - To authorize the Secretary of Homeland Security to make grants to first responders, and for other purposes. Assigned to Subcommittee on Emergency Communications, Preparedness, and Response; Homeland Security Committee and to Subcommittee on Economic Development, Public Buildings and Emergency Management; House Transportation and Infrastructure Committee. HR 2200 - To authorize the Transportation Security Administration's programs relating to the provision of transportation security, and for other purposes. Passed in House. Assigned to Senate Committee on Commerce, Science and Transportation. HR 2868 - To amend the Homeland Security Act of 2002 to enhance security and protect against acts of terrorism against chemical facilities, to amend the Safe Drinking Water Act to enhance the security of public water systems, and to amend the Federal Water Pollution Control Act to enhance the security of wastewater treatment works, and for other purposes. Passed in House. Assigned to Senate Committee on Homeland Security and Governmental Operations. HR 3410 - To require Surface Transportation Board consideration of the impacts of certain railroad transactions on local communities, and for other purposes. Assigned to Subcommittee on Railroads, Pipelines, and Hazardous Materials; House Transportation and Infrastructure Committee. HR 3619 - To authorize appropriations for the Coast Guard for fiscal year 2010, and for other purposes. Passed in House. Placed on Senate Legislative Calendar (No. 195). HR 4061 - To advance cybersecurity research, development, and technical standards, and for other purposes. Ordered reported by House Committee on Science and Technology on 11-07-09. No report available. HR 4370 - To require railroad carriers to prepare and maintain a plan for notifying local emergency responders before transporting hazardous materials through their jurisdictions. Assigned to House Committee on Transportation and Infrastructure. S 177 - A bill to amend the Small Business Act to extend the Small Business Innovation Research and Small Business Technology Transfer programs, to increase the allocation of Federal agency grants for those programs, to add water, energy, transportation, and domestic security related research to the list of topics deserving special consideration, and for other purposes. Assigned to Senate Committee on Small Business and Entrepreneurship. S 1385 - A bill to amend title 46, United States Code, to improve port safety and security. Assigned to Senate Committee on Commerce, Science, and Transportation. S 1649 - A bill to prevent the proliferation of weapons of mass destruction, to prepare for attacks using weapons of mass destruction, and for other purposes. Ordered reported by Senate Committee on Homeland Security and Governmental Affairs on 11-04-04. No report available. Analysis The two DHS organization authorization bills (HR 2200, TSA; and HR 3619, Coast Guard) passed easily in the House. When they finally reach the floor in the Senate they should also pass, but probably with additional amendments. Both bills should ultimately pass. The big question is whether or not the 111th Congress will become the first to pass a DHS authorization bill. HR 553 should pass, it is one of the second tier objectives of the Obama administration to get the ‘over-classification’ issue taken care of. The only thing that might derail this particular bill is the passage of one that covers the whole Executive Branch instead of just DHS. HR 2868 has a good chance of passage in some form. There will be a major fight about inherently safer technology. If IST gets knocked out in the Senate version, this will set up a major fight in conference. The liberal support for IST is very strong, and they certainly want to see IST in the legislation. If industry can come up with a version of IST that will gain approval of a bi-partisan coalition in the middle, HR 2868 will get passed with out a knockdown drag-out fight. Most of the remaining bills will go the same way that the bulk of introduced legislation goes, into the history books as an interesting footnote. They won’t pass, most won’t even get voted on. The only other place they will show up is in campaign literature next fall.