[Congressional Record Volume 145, Number 104 (Wednesday, July 21, 1999)]
[House]
[Pages H6082-H6089]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                      FUELS REGULATORY RELIEF ACT

  Mr. BLUNT. Mr. Speaker, I ask unanimous consent to take from the 
Speaker's table the Senate bill (S. 880) to amend the Clean Air Act to 
remove flammable fuels from the list of substances with respect to 
which reporting and other activities are required under the risk 
management plan program, and ask for its immediate consideration.
  The Clerk read the title of the Senate bill.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Missouri?
  Mr. BROWN of Ohio. Mr. Speaker, reserving the right to object, and I 
do not intend to object, but I yield to the gentleman from Missouri 
(Mr. Blunt) to explain his unanimous consent request.
  Mr. BLUNT. Mr. Speaker, will the gentleman yield?
  Mr. BROWN of Ohio. I yield to the gentleman from Missouri.
  Mr. BLUNT. Mr. Speaker, I thank my friend, the gentleman from Ohio 
(Mr. Brown), for yielding.
  S. 880, as amended, would resolve the existing national security 
crisis presented by the EPA's distribution of chemical facility worst-
case scenarios. It is critical that we resolve this issue immediately, 
as EPA already has received Freedom of Information Act requests for 
this material and cannot, without this bill, prevent inappropriate 
dissemination of the national database of worst-case scenarios.
  The EPA also chose to include propane under the risk management 
program regulations intended to reduce the risks associated with toxic 
chemicals accidents. Propane, however, is not toxic.
  While the threshold quantity for listed substances is determined by 
criteria that includes flammability and combustibility because propane 
is not toxic, it should not be on the list of covered substances in the 
first place. This legislation removes it from the list.
  A bill I had in the House, H.R. 1301, that does this same thing, has 
145 cosponsors. S. 880 successfully accomplishes this objective and 
also meets the important criteria of the risk criteria.
  As the gentleman is well aware, S. 880 was amended through the 
cooperation and careful consideration of the minority and of the 
administration, and we will include a joint statement in the Record 
describing the bill. It is a balanced, bipartisan measure that will 
ensure that local citizens receive information concerning the risks 
presented by local chemical facilities while at the same time 
protecting our national security.
  Mr. BROWN of Ohio. Mr. Speaker, further reserving my right to object, 
I wish to extend my thanks to my colleagues on both sides of the aisle 
for working together to reach agreement on the Chemical Safety 
Information, Site Security, and Fuels Regulatory Relief Act. I concur 
with the joint statement of the gentleman from Virginia (Mr. Bliley), 
the gentleman from Michigan (Mr. Dingell), the ranking member, the 
gentleman from Missouri (Mr. Blunt), and the gentleman from Florida 
(Mr. Bilirakis) concerning S.88O.
  This bill places a one-year moratorium on distribution of worst case 
scenario information to the general public and requires the 
administration to promulgate regulations on the dissemination of worst-
case scenarios to the public after performing two separate assessments: 
One on the risk of terrorist activity associated with the posting of 
the information on the Internet and another on the incentives created 
by public disclosure of worst-case scenarios for reduction in the risk 
of accidental releases.
  I expect the administration will find that the preparation in 
dissemination of these worst-case scenarios benefits the public in 
several ways. The public will be better prepared for accidental 
releases of extremely hazardous substances. The facilities that utilize 
these substances will manage them responsibly and the workers at these 
facilities will be able to engage in a productive dialogue with their 
employers about the use and management of these substances.
  I know a number of responsible companies already have convened public 
meetings to share this worst case scenario information with emergency 
responders and other citizens in the communities that may be affected 
by the release of these substances.
  To that end, I support the provisions of this bill that would require 
the facilities to submit worst-case scenarios to conduct an 
informational meeting in their communities during the moratorium 
period.
  As well, it is my expectation that the regulations developed by the 
administration in the coming year will recognize the importance of 
community right to know. A citizen should be able to obtain worst case 
scenario information for all facilities that could affect her community 
or his community. With accurate information about chemical facilities 
in hand, neighbors, workers, local leaders, researchers and emergency 
response personnel can work with the owners and the managers of 
chemical facilities to build safer communities for everyone.
  Mr. GREEN of Texas. Mr. Speaker, on June 17, with the support of 
every Democratic Member of the Commerce Health and Environment 
Subcommittee, I introduced H.R. 2257, the Chemical Security Act of 
1999. This bill represented a consensus among Subcommittee Democrats 
that I believe would have recognized and respected the Right-to-Know 
laws while shielding chemical facilities and their employees from 
potential terrorist attacks.

[[Page H6083]]

  However, after weeks of negotiations with our Republican colleagues, 
i believe the legislation before us today achieves the same goal and is 
worthy of all our support.
  Most importantly, the House-amended version of S. 880 would preserve 
the intent of the Clean Air Act Amendments of 1990 by requiring public 
meetings to inform citizens who would be impacted by off-site worst 
case scenarios at each covered facility. These meetings, which will 
take place during the moratorium on information disclosure, will 
provide every interested resident with the relevant information about 
the potential dangers in their community.
  It is our intent and hope that these meetings will not only include 
facility representatives, as required by the Act, but also local 
emergency planning responders who are most qualified to answer 
questions about safety and security as well as how to react to an 
accidental off-site chemical release. By bringing different community 
representatives together to discuss the off-site consequences of a 
worst case scenario, we maximize the probability that the damage caused 
by such an event will be minimized for the facility, its employees, and 
especially the surrounding community.
  It is also our intent that the Administration will develop 
regulations that recognizes every individual's fundamental right to the 
Off-Site Consequence Analysis (OCA) information affecting their 
community--including their home, office and children's school. I have 
not heard any justifiable reason, based on either policy or security, 
that would allow this information to be compiled by the government but 
prevent citizens from receiving the OCA data impacting their own 
community. The widespread public release of public information is being 
delayed to give the Administration some time to determine how, not if, 
this information can be distributed safely to the people impacted by 
worst-case scenarios.
  I am also supporting this legislation because it includes the 
appropriate and necessary site security studies to be completed by the 
Attorney General. If we agree that the legislation is necessary because 
of potential risks to site security, than we have a responsibility to 
aggressively investigate these concerns. With the results of this 
study, the Administration and Congress will have the necessary tools to 
base future decisions on site security on substantive and complete 
information. The results can also be used by the facilities to improve 
their internal safety procedures to minimize risk to the facility and 
its employees.
  Again, I want to express my appreciation to the Chairmen and Ranking 
Members of both the full Commerce Committee and Health and Environment 
Subcommittee for working so hard to develop this consensus bill in a 
truly bipartisan manner.
  Mr. DINGELL. Mr. Speaker, since the Senate passed this bill on June 
23rd, Members of our Committee and staff have expended considerable 
effort to address several problematic issues presented by the Senate-
passed version. I commend my colleagues, Mr. Green, Mr. Waxman, and Mr. 
Brown, as well as Mr. Bliley and Mr. Bilirakis for their diligent 
efforts to make the necessary revisions to this bill in an expeditious 
and cooperative manner.
  This bill amends section 112 of the Clean Air Act, entitled 
``Prevention of Accidental Releases.'' To achieve this purpose, the 
facilities that handle threshold amounts of extremely hazardous 
substances are required to implement risk management plans to detect 
and prevent or minimize accidental releases. An integral part of these 
plans is the evaluation of worst case accidental releases--also called 
the worst case scenario.
  There is no question that the drafters of the Clean Air Act in 1990 
required these risk management plans, as well as the worst case 
scenarios, be made available to the public on equal footing with 
emergency responders and other recipients. We may never have 
anticipated the complex issues posed by impending popularity of the 
Internet, but we certainly knew the inherent risk of a free and open 
society. We struck this balance in 1990, but today the national 
security agencies have urged us to consider that balance once again. I 
believe we have done so in an appropriate fashion in this bill, 
although I would not deem this bill perfect by any means.
  I remain concerned about the imposition of any penalties, 
particularly criminal penalties, on the state and local officials who 
are the statutory recipients of the worst case scenario information. 
These are the very people we trust to respond in the unlikely event of 
tragedy, whether caused by accident or criminal act. I would not want 
to discourage these much-needed individuals from volunteering to serve 
on local emergency planning committees or emergency response teams, nor 
would I want to discourage them from obtaining and using this 
information for its intended purpose. It is not these people, who are 
performing their official duties, whom we intend to deter or punish. 
The House amendment to S. 880 improves the Senate product markedly. But 
by imposing criminal fines for willful violations of the Act or the yet 
to be promulgated regulations, we nevertheless will punish a local 
official for sharing this information by electronic means with his 
constituent, even if the information is related only to a facility in 
his own neighborhood. I do not believe that such sharing of 
information, by the very official the community relies upon to inform 
them, should be deemed a criminal act.
  This bill makes clear, however, that state and local officials may 
summarize the information or discuss the information with constituents 
or with other local officials. As our only concern is that a national, 
searchable database of worst case scenario information should not be 
readily compiled, it is sound policy to freely allow any use of this 
information, such as discussion of the information or distribution of 
the information in any other format that avoids compilation of a 
national database.
  We require that the President promulgate regulations that will govern 
the dissemination of worst case scenario information. As this requires 
an assessment and balancing of the national security against the 
public's need to be informed of hazards associated with extremely 
dangerous substances, I prefer that Congress perform that assessment. 
However, I believe that we have given clear direction in this bill to 
the President that he must follow in promulgating the regulations. The 
bill guarantees that the public will obtain the information, without 
geographical restriction. Although the President will decide on whether 
and how to limit the number of requests for this information that an 
individual may make, I believe that any person should be able to obtain 
all worst case scenario information on any facility that may affect his 
or her community.
  Further, I would like to clarify the intent of the provisions 
pertaining to the preservation of state laws. This bill plainly 
provides that if a state, under an existing law or a law yet to be 
enacted, were to require the submission of similar or even identical 
information about chemical releases, no federal restrictions would 
apply to its distribution. I believe it is sound policy that we allow 
the state legislatures to strike the appropriate balance between 
security concerns and the value of this information to the public, as 
we have attempted to do on the federal level.
  I urge my colleagues to support this bill.
  Mr. BLILEY. Mr. Speaker, I rise in support of S. 880, the Chemical 
Safety Information, Site Security and Fuels Regulatory Relief Act. This 
bipartisan measure proves what I have said all along: that communities 
can have access to information on chemical facilities in a manner that 
does not pose a threat to national security.
  By way of background, in the Clean Air Act Amendments of 1990, 
Congress required tens of thousands of facilities to submit chemical 
accident prevention plans to the Environmental Protection Agency that 
ultimately would be made available to the public. Back then, Congress 
and the American people surely never imagined that the EPA would ever 
propose posting all of this information--including human injury 
estimates of a worst-case release from chemical facilities--on the 
Internet in a worldwide electronic database, easily searchable from 
Boston to Baghdad, from Los Angeles to Libya. But that is exactly what 
the EPA proposed to do some two years ago.
  At that time, the FBI and other law enforcement groups told EPA that 
the worst-case scenario database should not be available on the 
Internet because it could be used as a targeting tool by terrorists. 
Yet EPA still went forward with its plan to put the national database 
of worst-case scenarios on the Internet. It was only last Fall that, in 
response to the security concerns raised by the FBI, CIA, the Commerce 
Committee and others, that EPA abandoned its original, reckless plan to 
put the worst-case scenario data at every terrorists' fingertips by 
posting it on EPA's own Internet website.
  While this was a good first step, EPA did not have a plan to protect 
third parties from obtaining the national electronic database of worst-
case scenarios from EPA and then posting this database on the Internet. 
In fact, as EPA admitted in hearings before the Commerce Committee, EPA 
is now powerless to protect the entire national electronic database of 
worst-case scenarios from a simple Freedom of Information Act Request. 
Such requests have been filed with EPA after the agency received the 
worst-case scenarios on June 21, 1999.
  Last February, EPA said that it would quickly solve this problem. 
Months later, the Administration on May 7th sent a bill to Congress. I 
introduced that bill by request as H.R. 1790. It was also introduced in 
the Senate as S. 880. It was soon clear, however, that the 
Administration had not conducted sufficient public outreach on its 
proposal, and that the Administration's bill required significant fine 
tuning.
  The Committee asked the Administration to perform this fine tuning, 
and to that end Commerce Committee staff conducted a number of 
extensive meetings with Administration officials. Unfortunately, the 
Administration never

[[Page H6084]]

supplied us with any suggested changes to H.R. 1790.
  However, Congress has acted where the Administration has not. 
Recently, the Senate's version of the Administration bill, S. 880, was 
amended in a bipartisan fashion to address these problems. The amended 
S. 880 passed the Senate by unanimous consent. In a similar bipartisan 
fashion, a group of Commerce Committee members have developed an 
amendment to S. 880 that makes further perfecting changes. That 
amendment is before the House today.
  This careful, compromise bill provides a temporary moratorium 
ensuring that the worst-case scenario information will be managed 
responsibly during the period in which the Administration develops--
through public comment--a permanent distribution system. S. 880 
requires that the distribution system be balanced to achieve both an 
informed local community and protection of national security. It is 
important to note that, even during this temporary moratorium period, 
local emergency responders such as fire fighters, police, and hospitals 
will have full access to the data.
  Furthermore, during the moratorium, chemical facilities must conduct 
a one-time public outreach meeting to ensure that the community will 
have a point of contact. The meeting provision contains an alternative 
compliance mechanism for small businesses that takes into account the 
limited resources of these important enterprises.
  Additonally, S. 880 provides that Attorney General will conduct a 
study of the threat of criminal and terrorist activity against these 
chemical facilities, and will report her findings on these matters to 
Congress. The bill also provides that EPA will provide technical 
assistance to industries that participate in voluntary industry 
standards to reduce the risk of terrorist activity.
  S. 880 also makes an adjustment to the scope of EPA's Risk Management 
Program regulations. The bill recognizes that the use as a fuel of 
certain non-toxic flammable substances such as propane is adequately 
regulated under state and local law. Accordingly, S. 880 provides that 
non-toxic fuels like propane are not within section 112(r) of the Clean 
Air Act when used or sold as a fuel.
  In addition to my remarks today, I have included a joint statement 
that discusses in greater detail the elements of S. 880 as amended by 
the House.
  In closing, the amended, S. 880 will protect the public by providing 
information to communities and by ensuring that methods used to manage 
this information do not jeopardize national security. As amended, the 
bill is a bipartisan measure that is reasonable and balanced.
  S. 880 shows what Congress can do when it works together to solve an 
important national policy issue. I ask that you vote in favor of S. 880 
to provide an effective solution to the worst-case scenario problem, as 
Congress has been asked to do by groups such as the Fraternal Order of 
Police, the International Association of Fire Chiefs, the International 
Association of Chiefs of Police, and the National Volunteer Fire 
Council. Congress must act quickly to resolve this issue, and S. 880 
gives us that opportunity. Accordingly, I urge that the House vote to 
approve S. 880, as amended.
  Finally, I wish to thank our colleagues from the minority for their 
good faith efforts that have yielded this bipartisan legislation. I 
also wish to thank Chairman Hyde and Chairman Burton for their 
cooperation in consideration of this bill, and have included for the 
Record exchanges of correspondence between committees of jurisdiction.

Joint Statement of Chairman Tom Bliley, Ranking Member John D. Dingell, 
Subcommittee Chairman Michael Bilirakis and Subcommittee Ranking Member 
     Sherrod Brown Concerning S. 880, as Approved by the House of 
                            Representatives

       The House of Representatives has made certain changes to S. 
     880 as approved by the Senate. These changes both revise and 
     clarify provisions of S. 880 as approved by the Senate, as 
     well as add statutory provisions to that measure.
       As approved by the House, Section 1 provides that the Act 
     may be cited as ``The Chemical Safety Information, Site 
     Security and Fuels Regulatory Relief Act.'' This title 
     reflects the fact that the Act both clarifies the application 
     of the section 112(r) of the Clean Air Act to flammable 
     substances as well as addresses the dissemination of offsite 
     consequence analysis information and provides for a review of 
     site security and public meetings with respect to covered 
     facilities.
       Section 2 of the Act provides that flammable substances, 
     when used as fuel or held for sale at retail facilities, 
     shall not be listed under Section 112(r)(4) of the Clean Air 
     Act solely because of the explosive or flammable properties 
     of the substance absent certain identified conditions. This 
     section makes it clear that end users and retailers of 
     propane which meet the definition provided in the Act will 
     not be required to file risk management plans under section 
     112(r)(7) of the Clean Air Act.
       Section 3 of the Act adds a new subparagraph (H) to 
     paragraph 112(r)(7) of the Clean Air Act. This new 
     subparagraph provides that off-site consequence analysis 
     information, and any ranking of stationary sources derived 
     from that information, shall not be available under the 
     Freedom of Information Act for a one-year period. During this 
     one-year period, the President is required to complete an 
     assessment of certain risks and incentives with respect to 
     offsite consequence analysis information and, based on this 
     assessment, to promulgate regulations governing the 
     distribution of this information. These regulations are 
     subject to certain identified minimum criteria. Section 3 
     also provides that off-site consequence analysis information 
     shall not be available under State or local law, except where 
     States make available certain data collected in accordance 
     with State law.
       Within one year after the date of enactment, Section 3 
     additionally provides that the Administrator of the 
     Environmental Protection Agency (EPA) shall make off-site 
     consequence analysis information available to covered persons 
     for official use and provide notice of restrictions and 
     penalties for further dissemination of this information. 
     During this period, the Administrator of EPA is also required 
     to make offsite consequence analysis information available to 
     the public in a form that does not contain information on the 
     identity or location of stationary sources and to qualified 
     researchers, subject to certain limitations. The 
     Administrator must also establish an information technology 
     system that provides for public availability in a ``read 
     only'' format.
       Section 3 is intended to address the concerns of the 
     Department of Justice and the Administration, as well as 
     private commentators, that Internet posting of a database of 
     worst case scenario information required of certain 
     facilities under subsection 112(r) of the Clean Air Act could 
     pose a danger to national security and to people who live 
     around such facilities. We also recognize that subsection 
     112(r) requires that risk management plans shall be available 
     to the public, and that the objective of EPA's risk 
     management program is to prevent accidental releases of 
     regulated substances and to minimize the consequences of any 
     such releases.
       The rulemaking required under Section 3 needs to consider 
     and reach an appropriate balance between both public policy 
     priorities. Accordingly, we require that the President 
     perform two separate assessments: (1) an assessment of the 
     increased risk of terrorist and other criminal activity 
     associated with the Internet posting of off-site consequence 
     analysis information, and (2) an assessment of the incentives 
     created by public disclosure of off-site consequence analysis 
     information for reduction in the risk of accidental releases. 
     We intend that the President create written documentation of 
     the two assessments. We also intend that this written 
     documentation, and all information and data that the 
     President utilizes in preparation of the assessments (except 
     for information that will pose a threat to national 
     security), be a part of the administrative record associated 
     with the regulations required under Section 3.
       Under new subclause (H)(ii)(II) of the Clean Air Act 
     established by this Act, the regulations promulgated under 
     the authority of Section 3 must meet several minimum 
     criteria. One of these criteria is contained in 
     (H)(ii)(II)(aa) which ensures that any member of the public 
     can obtain a limited number of paper copies of off-site 
     consequence analysis information for facilities whether or 
     not they are located in his or her own community.
       We note that other provisions contained in Section 3 of 
     this Act also seek to ensure that citizens will enjoy 
     effective public access to off-site consequence analysis 
     information in their communities and elsewhere. In specific, 
     as referenced above, (H)(ii)(II)(bb) establishes criteria 
     which allows other public access to off-site consequence 
     analysis information as appropriate and clause (H)(viii) 
     requires the Administrator of the Environmental Protection 
     Agency to establish a ``read only'' technology system to 
     provide for the public availability of off-site consequence 
     analysis. We believe that these provisions will work together 
     with (H)(ii)(II)(aa) to allow effective public access to 
     offsite consequence analysis information, while ensuring that 
     risks associated with Internet posting of off-site 
     consequence analysis information are assessed and minimized 
     in the regulations promulgated under subclause (H)(ii)(II).
       Section 3 of the Act further requires that the Attorney 
     General, after consultation, shall submit a report to 
     Congress regarding the extent to which regulations 
     promulgated under the Act have resulted in effective actions 
     to detect, prevent and minimize the consequences of releases 
     caused by criminal activity. As part of this report, the 
     Attorney General must also review the vulnerability of 
     covered stationary sources to criminal and terrorist 
     activity, current industry practices regarding site security 
     and the security of transportation of regulated substances. 
     An interim report is due 12 months after the date of 
     enactment.
       Section 4 of the Act requires each owner or operator of a 
     stationary source covered by clause 112(r)(7)(B)(ii) of the 
     Clean Air Act to convene a public meeting in order to 
     describe and discuss the local implications of risk 
     management plans. Certain small businesses of less than 100 
     employees may, in

[[Page H6085]]

     lieu of a public meeting, publicly post a summary of the off-
     site consequence analysis information. The one-time meeting 
     requirement in Section 5 reflects the temporary circumstances 
     that are presented by the one year moratorium on the 
     widespread distribution of off-site consequence analysis 
     information.
                                  ____

         Congress of the United States, House of Representatives, 
           Committee on the Judiciary,
                                    Washington, DC, July 21, 1999.
     Hon. Tom Bliley,
     Chairman, Committee on Commerce, U.S. House of 
         Representatives, Washington, DC.
       Dear Mr. Chairman: I am writing to you concerning the bill 
     S. 880, the Chemical Safety Information, Site Security, and 
     Fuels Regulatory Relief Act.
       It is my understanding that your committee wishes to 
     proceed immediately to the floor with this bill in an amended 
     form which contain language inspections 3 and 4 which fall 
     within the Rule X jurisdiction of this committee. 
     Specifically, the amended bill would create new duties for 
     the Attorney General and the Director of the Federal Bureau 
     of Investigation.
       Due to the pressure of time, I am willing to forgo this 
     committee's right to referral of this bill in order to comply 
     with the leadership's desire to proceed expeditiously. 
     However, this action in no way waives our jurisdictional 
     rights with regard to the subject matter contained in the 
     bill. Furthermore, we retain our right to request conferees 
     on this legislation should a House-Senate conference occur. I 
     would appreciate your placing this exchange of correspondence 
     in the Congressional Record when the legislation is 
     considered by the House.
       Thank you for working with me on this matter.
           Sincerely,
     Henry J. Hyde.
                                  ____

                                    U.S. House of Representatives,


                                        Committee on Commerce,

                                    Washington, DC, July 21, 1999.
     Hon. Henry Hyde,
     Chairman, Committee on the Judiciary, U.S. House of 
         Representatives, Washington, DC.
       Dear Henry: Thank you for your letter regarding your 
     Committee's jurisdictional interest in S. 880, the Chemical 
     Safety Information, Site Security, and Fuels Regulatory 
     Relief Act.
       I acknowledge your committee's jurisdiction over sections 3 
     and 4 of this legislation, as amended by the House, and 
     appreciate your cooperation in moving the bill to the House 
     floor expeditiously. I agree that your decision to forgo 
     further action on the bill will not prejudice the Judiciary 
     Committee with respect to its jurisdictional prerogatives on 
     this or similar provisions, and recognize your right to 
     request conferees on those provisions within the Committee on 
     the Judiciary's jurisdiction should they be the subject of a 
     House-Senate conference. I will also include a copy of your 
     letter and this response in the Congressional Record when the 
     legislation is considered by the House.
       Thank you again for your cooperation.
           Sincerely,
                                                       Tom Bliley,
     Chairman.
                                  ____

         Congress of the United States, House of Representatives, 
           Committee on Government Reform,
                                    Washington, DC, July 21, 1999.
     Hon. J. Dennis Hastert,
     The Speaker, Washington, DC.
       Dear Mr. Speaker: In the interest of expediting floor 
     consideration of S. 880, the Fuels Regulatory Relief Act, the 
     Committee on Government Reform does not intend to exercise 
     its jurisdiction over this bill.
       As you know, House Rule X, Organization of Committees, 
     grants the Government Reform Committee with jurisdiction over 
     government management and accounting matters generally. In 
     the interest of moving expeditiously on S. 880, the Committee 
     on Government Reform has decided not to assert its 
     jurisdiction over the bill. This action is not designed to 
     limit our jurisdiction over any future consideration of these 
     issues.
       Thank you for your dedication and hard work on this issue. 
     I look forward to working with you on this and other issues 
     throughout the 106th Congress.
           Sincerely,
                                                       Dan Burton,
                                                         Chairman.

  Mr. BILIRAKIS. Mr. Speaker, I rise in support of the bipartisan 
agreement on S. 880, the Chemical Site Information, Site Security and 
Fuels Regulatory Relief Act.
  As you know, this legislation is the product of hard work and good 
faith compromise between the majority and the minority members of the 
House Commerce Committee. The legislation recognizes that there are 
complex public policy issues to be resolved concerning the 
dissemination of ``worst case scenario'' data for chemical and 
industrial facilities. Thus, the legislation seeks to resolve these 
issues in a straightforward manner: first, by imposing a one-year 
moratorium on the release of such information, and second, by requiring 
the President to assess security risks and the incentives created by 
public disclosure and then to promulgate regulations based on specified 
criteria.
  During hearings held by the Health and Environment Subcommittee, we 
learned that security experts inside and outside of the Administration 
had concerns that widespread dissemination of worst-case scenario data 
could provide a ``roadmap for terrorists.'' An estimated 35,000 
facilities nationwide may eventually file such data with the 
Environmental Protection Agency (EPA). This data, especially if 
manipulated in an electronic format, could provide for a ranking of 
potential targets and a means to select targets of opportunity.
  The bipartisan compromise requires additional review of this threat, 
which balancing such risks against the incentives created by public 
disclosure of off-site consequence analysis information. Regulations 
must be based on this analysis and provide for public access to a 
limited number of paper copies of off-site consequence analysis 
information and other public access as appropriate. Additionally, 
qualified researchers may obtain access to this information and the 
Attorney General must establish a ``read only'' technology information 
system to provide further public access.
  Under the bipartisan agreement, facilities which are subject to the 
requirement to file off-site consequence analysis information are also 
required to inform surrounding communities of the local implications of 
the risk management plans through public meetings. Small businesses may 
fulfill this requirement through a public posting of such information, 
but altogether, it is clear that public outreach concerning risks to 
the surrounding community must occur. Under separate provisions of the 
legislation, the Attorney General is to further a review of the 
vulnerability of covered stationary sources to criminal and terrorist 
activity, practices concerning site security and transportation 
security. The Attorney General must then report back to Congress on 
these matters within 3 years.
  The legislation also provides an exemption for certain retail 
facilities which sell flammable substances used as a fuel. This 
exemption recognizes that such facilities are regulated under state and 
local laws and codes and that section 112(r) of the Clean Air Act was 
designed to address accidental releases of toxic substances, not fuels 
which are subject to a myriad of other requirements and industry 
procedures.
  Thus, it is clear that this legislation is fundamentally about 
protecting the public. Rather than cross our fingers and hope that 
nothing will happen if detailed off-site information on 35,000 
facilities was released, our agreement asks for a cold-eye assessment 
and public rulemaking. During this process, all points of view on 
access to off-site information will have the opportunity to be heard. 
Yet, at the same time, we will not take the precipitous and 
irreversible step of releasing all information without a thorough 
assessment of the damage to national security and local communities 
that could occur.
  Altogether then, the revisions we have made to S. 880 are prudent, 
reasonable and balanced. They are based on our committee's hearing 
record and consultations with the Administration. They protect the 
public without unduly burdening the flow of information in our free 
society. And they promote a deliberate process to resolve outstanding 
issues, instead of a quick legislative fix.
  I want to thank my colleagues from the other side of the aisle for 
the free and frank exchanges which have occurred in reaching agreement 
on this important legislation. I urge my colleagues to support this 
agreement and vote to approve S. 880, as amended.
  Mr. BROWN of Ohio. Mr. Speaker, I withdraw my reservation of 
objection.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Missouri?
  There was no objection.
  The Clerk read the Senate bill, as follows:

                                 S. 880

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Fuels Regulatory Relief 
     Act''.

     SEC. 2. FINDINGS.

       Congress finds that, because of their low toxicity and 
     because they are regulated sufficiently under other programs, 
     flammable fuels, such as propane, should not be included on 
     the list of substances subject to the risk management plan 
     program under section 112(r) of the Clean Air Act (42 U.S.C. 
     7412(r)).

     SEC. 3. REMOVAL OF FLAMMABLE FUELS FROM RISK MANAGEMENT LIST.

       Section 112(r)(4) of the Clean Air Act (42 U.S.C. 
     7412(r)(4)) is amended--
       (1) by redesignating subparagraphs (A) through (C) as 
     clauses (i) through (iii), respectively, and indenting 
     appropriately;
       (2) by striking ``Administrator shall consider each of the 
     following criteria--'' and inserting the following: 
     ``Administrator--
       ``(A) shall consider--'';
       (3) in subparagraph (A)(iii) (as designated by paragraphs 
     (1) and (2)), by striking the period at the end and inserting 
     ``; and''; and

[[Page H6086]]

       (4) by adding at the end the following:
       ``(B) shall not list a flammable substance when used as a 
     fuel or held for sale as a fuel under this subsection solely 
     because of the explosive or flammable properties of the 
     substance, unless a fire or explosion caused by the substance 
     will result in acute adverse heath effects from human 
     exposure to the substance, including the unburned fuel or its 
     combustion byproducts, other than those caused by the heat of 
     the fire or impact of the explosion.''.

     SEC. 4. PUBLIC ACCESS TO OFF-SITE CONSEQUENCE ANALYSIS 
                   INFORMATION.

       (a) In General.--Section 112(r)(7) of the Clean Air Act (42 
     U.S.C. 7412(r)(7)) is amended by adding at the end the 
     following:
       ``(H) Public access to off-site consequence analysis 
     information.--
       ``(i) Definitions.--In this subparagraph:

       ``(I) Covered person.--The term `covered person' means--

       ``(aa) an officer or employee of the United States;
       ``(bb) an officer or employee of an agent or contractor of 
     the Federal Government;
       ``(cc) an officer or employee of a State or local 
     government;
       ``(dd) an officer or employee of an agent or contractor of 
     a State or local government;
       ``(ee) an individual affiliated with an entity that has 
     been given, by a State or local government, responsibility 
     for preventing, planning for, or responding to accidental 
     releases and criminal releases;
       ``(ff) an officer or employee or an agent or contractor of 
     an entity described in item (ee); and
       ``(gg) a qualified researcher under clause (vii).

       ``(II) Criminal release.--The term `criminal release' means 
     an emission of a regulated substance into the ambient air 
     from a stationary source that is caused, in whole or in part, 
     by a criminal act.
       ``(III) Official use.--The term `official use' means an 
     action of a Federal, State, or local government agency or an 
     entity referred to in subclause (I)(ee) intended to carry out 
     a function relevant to preventing, planning for, or 
     responding to accidental releases or criminal releases.
       ``(IV) Off-site consequence analysis information.--The term 
     `off-site consequence analysis information' means those 
     portions of a risk management plan, excluding the executive 
     summary of the plan, consisting of an evaluation of 1 or more 
     worst-case scenario or alternative scenario accidental 
     releases, and any electronic data base created by the 
     Administrator from those portions.
       ``(V) Risk management plan.--The term `risk management 
     plan' means a risk management plan submitted to the 
     Administrator by an owner or operator of a stationary source 
     under subparagraph (B).

       ``(ii) Regulations.--Not later than 1 year after the date 
     of enactment of this subparagraph, the President shall--

       ``(I) assess--

       ``(aa) the increased risk of terrorist and other criminal 
     activity associated with the posting of off-site consequence 
     analysis information on the Internet; and
       ``(bb) the incentives created by public disclosure of off-
     site consequence analysis information for reduction in the 
     risk of accidental releases and criminal releases; and

       ``(II) based on the assessment under subclause (I), 
     promulgate regulations governing the distribution of off-site 
     consequence analysis information in a manner that, in the 
     opinion of the President, minimizes the likelihood of 
     accidental releases and criminal releases and the likelihood 
     of harm to public health and welfare, and--

       ``(aa) allows access by any member of the public to paper 
     copies of off-site consequence analysis information for a 
     limited number of stationary sources located anywhere in the 
     United States;
       ``(bb) allows other public access to off-site consequence 
     analysis information as appropriate;
       ``(cc) allows access for official use by a covered person 
     described in any of items (cc) through (ff) of clause (i)(I) 
     (referred to in this subclause as a `State or local covered 
     person') to off-site consequence analysis information 
     relating to stationary sources located in the person's State;
       ``(dd) allows a State or local covered person to provide, 
     for official use, off-site consequence analysis information 
     relating to stationary sources located in the person's State 
     to a State or local covered person in a contiguous State; and
       ``(ee) allows a State or local covered person to obtain for 
     official use, by request to the Administrator, off-site 
     consequence analysis information that is not available to the 
     person under item (cc).
       ``(iii) Availability under freedom of information act.--

       ``(I) First year.--Off-site consequence analysis 
     information, and any ranking of stationary sources derived 
     from the information, shall not be made available under 
     section 552 of title 5, United States Code, during the 1-year 
     period beginning on the date of enactment of this 
     subparagraph.
       ``(II) After first year.--If the regulations under clause 
     (ii) are promulgated on or before the end of the period 
     described in subclause (I), off-site consequence analysis 
     information covered by the regulations, and any ranking of 
     stationary sources derived from the information, shall not be 
     made available under section 552 of title 5, United States 
     Code, after the end of that period.
       ``(III) Applicability.--Subclauses (I) and (II) apply to 
     off-site consequence analysis information submitted to the 
     Administrator before, on, or after the date of enactment of 
     this subparagraph.

       ``(iv) Availability of information during transition 
     period.--The Administrator shall make off-site consequence 
     analysis information available to covered persons for 
     official use in a manner that meets the requirements of items 
     (cc) through (ee) of clause (ii)(II), and to the public in a 
     form that does not make available any information concerning 
     the identity or location of stationary sources, during the 
     period--

       ``(I) beginning on the date of enactment of this 
     subparagraph; and
       ``(II) ending on the earlier of the date of promulgation of 
     the regulations under clause (ii) or the date that is 1 year 
     after the date of enactment of this subparagraph.

       ``(v) Prohibition on unauthorized disclosure of information 
     by covered persons.--

       ``(I) In general.--Beginning on the date of enactment of 
     this subparagraph, a covered person shall not disclose to the 
     public off-site consequence analysis information in any form, 
     or any statewide or national ranking of identified stationary 
     sources derived from such information, except as authorized 
     by this subparagraph (including the regulations promulgated 
     under clause (ii)). After the end of the 1-year period 
     beginning on the date of enactment of this subparagraph, if 
     regulations have not been promulgated under clause (ii), the 
     preceding sentence shall not apply.
       ``(II) Criminal penalties.--

       ``(aa) Knowing violations.--A covered person that knowingly 
     violates a restriction or prohibition established by this 
     subparagraph (including the regulations promulgated under 
     clause (ii)) shall be fined not more than $5,000 for each 
     unauthorized disclosure of off-site consequence analysis 
     information. The disclosure of off-site consequence analysis 
     information for each specific stationary source shall be 
     considered a separate offense. Section 3571 of title 18, 
     United States Code, shall not apply to an offense under this 
     item. The total of all penalties that may be imposed on a 
     single person or organization under this item shall not 
     exceed $100,000 for violations committed during any 1 
     calendar year.
       ``(bb) Willful violations.--A covered person that willfully 
     violates a restriction or prohibition established by this 
     subparagraph (including the regulations promulgated under 
     clause (ii)) shall be fined under section 3571 of title 18, 
     United States Code, for each unauthorized disclosure of off-
     site consequence analysis information, but shall not be 
     subject to imprisonment. The total of all penalties that may 
     be imposed on a single person or organization under this item 
     shall not exceed $1,000,000 for violations committed during 
     any 1 calendar year.

       ``(III) Applicability.--If the owner or operator of a 
     stationary source makes off-site consequence analysis 
     information relating to that stationary source available to 
     the public without restriction--

       ``(aa) subclauses (I) and (II) shall not apply with respect 
     to the information; and
       ``(bb) the owner or operator shall notify the Administrator 
     of the public availability of the information.

       ``(IV) List.--The Administrator shall maintain and make 
     publicly available a list of all stationary sources that have 
     provided notification under subclause (III)(bb).

       ``(vi) Guidance.--

       ``(I) Issuance.--Not later than 60 days after the date of 
     enactment of this subparagraph, the Administrator, after 
     consultation with the Attorney General and the States, shall 
     issue guidance that describes official uses of off-site 
     consequence analysis information in a manner consistent with 
     the restrictions in items (cc) through (ee) of clause 
     (ii)(II).
       ``(II) Relationship to regulations.--The guidance 
     describing official uses shall be modified, as appropriate, 
     consistent with the regulations promulgated under clause 
     (ii).
       ``(III) Distribution.--The Administrator shall transmit a 
     copy of the guidance describing official uses to--

       ``(aa) each covered person to which off-site consequence 
     analysis information is made available under clause (iv); and
       ``(bb) each covered person to which off-site consequence 
     analysis information is made available for an official use 
     under the regulations promulgated under clause (ii).
       ``(vii) Qualified researchers.--

       ``(I) In general.--Not later than 180 days after the date 
     of enactment of this subparagraph, the Administrator, in 
     consultation with the Attorney General, shall develop and 
     implement a system for providing off-site consequence 
     analysis information, including facility identification, to 
     any qualified researcher, including a qualified researcher 
     from industry or any public interest group.
       ``(II) Limitation on dissemination.--The system shall not 
     allow the researcher to disseminate, or make available on the 
     Internet, the off-site consequence analysis information, or 
     any portion of the off-site consequence analysis information, 
     received under this clause.

       ``(viii) Read-only information technology system.--In 
     consultation with the Attorney General and the heads of other 
     appropriate Federal agencies, the Administrator shall 
     establish an information technology system that provides for 
     the availability to the public of off-site consequence 
     analysis information by means of a central data base under 
     the control of the Federal Government that contains 
     information that users may read, but that provides no means

[[Page H6087]]

     by which an electronic or mechanical copy of the information 
     may be made.
       ``(ix) Voluntary industry accident prevention standards.--
     The Environmental Protection Agency, the Department of 
     Justice, and other appropriate agencies may provide technical 
     assistance to owners and operators of stationary sources and 
     participate in the development of voluntary industry 
     standards that will help achieve the objectives set forth in 
     paragraph (1).
       ``(x) Effect on state or local law.--

       ``(I) In general.--Subject to subclause (II), this 
     subparagraph (including the regulations promulgated under 
     this subparagraph) shall supersede any provision of State or 
     local law that is inconsistent with this subparagraph 
     (including the regulations).
       ``(II) Availability of information under state law.--
     Nothing in this subparagraph precludes a State from making 
     available data on the off-site consequences of chemical 
     releases collected in accordance with State law.

       ``(xi) Report on achievement of objectives.--

       ``(I) In general.--Not later than 3 years after the date of 
     enactment of this subparagraph, the Comptroller General shall 
     submit to Congress a report that describes the extent to 
     which the regulations promulgated under this paragraph have 
     resulted in actions, including the design and maintenance of 
     safe facilities, that are effective in detecting, preventing, 
     and minimizing the consequences of releases of regulated 
     substances that may be caused by criminal activity.
       ``(II) Interim report.--Not later than 270 days after the 
     date of enactment of this subparagraph, the Comptroller 
     General shall submit to Congress an interim report that 
     includes, at a minimum--

       ``(aa) the preliminary findings under subclause (I);
       ``(bb) the methods used to develop those findings; and
       ``(cc) an explanation of the activities expected to occur 
     that could cause the findings of the report under subclause 
     (I) to be different from the preliminary findings.
       ``(xii) Scope.--This subparagraph--

       ``(I) applies only to covered persons; and
       ``(II) does not restrict the dissemination of off-site 
     consequence analysis information by any covered person in any 
     manner or form except in the form of a risk management plan 
     or an electronic data base created by the Administrator from 
     off-site consequence analysis information.

       ``(xiii) Authorization of appropriations.--There are 
     authorized to be appropriated to the Administrator and the 
     Attorney General such sums as are necessary to carry out this 
     subparagraph (including the regulations promulgated under 
     clause (ii)), to remain available until expended.''.
       (b) Reports.--
       (1) Definition of accidental release.--In this subsection, 
     the term ``accidental release'' has the meaning given the 
     term in section 112(r)(2) of the Clean Air Act (42 U.S.C. 
     7412(r)(2)).
       (2) Report on status of certain amendments.--Not later than 
     2 years after the date of enactment of this Act, the 
     Comptroller General of the United States shall submit to 
     Congress a report on the status of the development of 
     amendments to the National Fire Protection Association Code 
     for Liquefied Petroleum Gas that will result in the provision 
     of information to local emergency response personnel 
     concerning the off-site effects of accidental releases of 
     substances exempted from listing under section 112(r)(4)(B) 
     of the Clean Air Act (as added by section 3).
       (3) Report on compliance with certain information 
     submission requirements.--Not later than 3 years after the 
     date of enactment of this Act, the Comptroller General of the 
     United States shall submit to Congress a report that--
       (A) describes the level of compliance with Federal and 
     State requirements relating to the submission to local 
     emergency response personnel of information intended to help 
     the local emergency response personnel respond to chemical 
     accidents or related environmental or public health threats; 
     and
       (B) contains an analysis of the adequacy of the information 
     required to be submitted and the efficacy of the methods for 
     delivering the information to local emergency response 
     personnel.
       (c) Termination of Authority.--The authority provided by 
     this section and the amendment made by this section 
     terminates 6 years after the date of enactment of this Act.


      Amendment in the Nature of a Substitute Offered by Mr. Blunt

  Mr. BLUNT. Mr. Speaker, I offer an amendment in the nature of a 
substitute.
  The Clerk read as follows:

       Amendment in the nature of a substitute offered by Mr. 
     Blunt:
       Strike all after the enacting clause and insert the 
     following:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Chemical Safety Information, 
     Site Security and Fuels Regulatory Relief Act''.

     SEC. 2. REMOVAL OF PROPANE SOLD BY RETAILERS AND OTHER 
                   FLAMMABLE FUELS FROM RISK MANAGEMENT LIST.

       Section 112(r) of the Clean Air Act (42 U.S.C. 7412(r)) is 
     amended--
       (1) by redesignating subparagraphs (A) through (C) of 
     paragraph (4) as clauses (i) through (iii), respectively, and 
     indenting appropriately;
       (2) by striking in paragraph (4) ``Administrator shall 
     consider each of the following criteria--'' and inserting the 
     following: ``Administrator--
       ``(A) shall consider--'';
       (3) in subparagraph (A)(iii) (as designated by paragraphs 
     (1) and (2)), of paragraph (4)by striking the period at the 
     end and inserting ``; and'';
       (4) by adding at the end of paragraph (4) the following:
       ``(B) shall not list a flammable substance when used as a 
     fuel or held for sale as a fuel at a retail facility under 
     this subsection solely because of the explosive or flammable 
     properties of the substance, unless a fire or explosion 
     caused by the substance will result in acute adverse heath 
     effects from human exposure to the substance, including the 
     unburned fuel or its combustion byproducts, other than those 
     caused by the heat of the fire or impact of the explosion.''; 
     and
       (5) by inserting the following new subparagraph at the end 
     of paragraph (2):
       ``(D) The term `retail facility' means a stationary source 
     at which more than one-half of the income is obtained from 
     direct sales to end users or at which more than one-half of 
     the fuel sold, by volume, is sold through a cylinder exchange 
     program.''.

     SEC. 3. PUBLIC ACCESS TO OFF-SITE CONSEQUENCE ANALYSIS 
                   INFORMATION.

       (a) In General.--Section 112(r)(7) of the Clean Air Act (42 
     U.S.C. 7412(r)(7)) is amended by adding at the end the 
     following:
       ``(H) Public access to off-site consequence analysis 
     information.--
       ``(i) Definitions.--In this subparagraph:

       ``(I) Covered person.--The term `covered person' means--

       ``(aa) an officer or employee of the United States;
       ``(bb) an officer or employee of an agent or contractor of 
     the Federal Government;
       ``(cc) an officer or employee of a State or local 
     government;
       ``(dd) an officer or employee of an agent or contractor of 
     a State or local government;
       ``(ee) an individual affiliated with an entity that has 
     been given, by a State or local government, responsibility 
     for preventing, planning for, or responding to accidental 
     releases;
       ``(ff) an officer or employee or an agent or contractor of 
     an entity described in item (ee); and
       ``(gg) a qualified researcher under clause (vii).

       ``(II) Official use.--The term `official use' means an 
     action of a Federal, State, or local government agency or an 
     entity referred to in subclause (I)(ee) intended to carry out 
     a function relevant to preventing, planning for, or 
     responding to accidental releases.
       ``(III) Off-site consequence analysis information.--The 
     term `off-site consequence analysis information' means those 
     portions of a risk management plan, excluding the executive 
     summary of the plan, consisting of an evaluation of 1 or more 
     worst-case release scenarios or alternative release 
     scenarios, and any electronic data base created by the 
     Administrator from those portions.
       ``(IV) Risk management plan.--The term `risk management 
     plan' means a risk management plan submitted to the 
     Administrator by an owner or operator of a stationary source 
     under subparagraph (B)(iii).

       ``(ii) Regulations.--Not later than 1 year after the date 
     of enactment of this subparagraph, the President shall--

       ``(I) assess--

       ``(aa) the increased risk of terrorist and other criminal 
     activity associated with the posting of off-site consequence 
     analysis information on the Internet; and
       ``(bb) the incentives created by public disclosure of off-
     site consequence analysis information for reduction in the 
     risk of accidental releases; and

       ``(II) based on the assessment under subclause (I), 
     promulgate regulations governing the distribution of off-site 
     consequence analysis information in a manner that, in the 
     opinion of the President, minimizes the likelihood of 
     accidental releases and the risk described in subclause 
     (I)(aa) and the likelihood of harm to public health and 
     welfare, and--

       ``(aa) allows access by any member of the public to paper 
     copies of off-site consequence analysis information for a 
     limited number of stationary sources located anywhere in the 
     United States, without any geographical restriction;
       ``(bb) allows other public access to off-site consequence 
     analysis information as appropriate;
       ``(cc) allows access for official use by a covered person 
     described in any of items (cc) through (ff) of clause (i)(I) 
     (referred to in this subclause as a `State or local covered 
     person') to off-site consequence analysis information 
     relating to stationary sources located in the person's State;
       ``(dd) allows a State or local covered person to provide, 
     for official use, off-site consequence analysis information 
     relating to stationary sources located in the person's State 
     to a State or local covered person in a contiguous State; and
       ``(ee) allows a State or local covered person to obtain for 
     official use, by request to the Administrator, off-site 
     consequence analysis information that is not available to the 
     person under item (cc).
       ``(iii) Availability under freedom of information act.--

       ``(I) First year.--Off-site consequence analysis 
     information, and any ranking of

[[Page H6088]]

     stationary sources derived from the information, shall not be 
     made available under section 552 of title 5, United States 
     Code, during the 1-year period beginning on the date of 
     enactment of this subparagraph.
       ``(II) After first year.--If the regulations under clause 
     (ii) are promulgated on or before the end of the period 
     described in subclause (I), off-site consequence analysis 
     information covered by the regulations, and any ranking of 
     stationary sources derived from the information, shall not be 
     made available under section 552 of title 5, United States 
     Code, after the end of that period.
       ``(III) Applicability.--Subclauses (I) and (II) apply to 
     off-site consequence analysis information submitted to the 
     Administrator before, on, or after the date of enactment of 
     this subparagraph.

       ``(iv) Availability of information during transition 
     period.--The Administrator shall make off-site consequence 
     analysis information available to covered persons for 
     official use in a manner that meets the requirements of items 
     (cc) through (ee) of clause (ii)(II), and to the public in a 
     form that does not make available any information concerning 
     the identity or location of stationary sources, during the 
     period--

       ``(I) beginning on the date of enactment of this 
     subparagraph; and
       ``(II) ending on the earlier of the date of promulgation of 
     the regulations under clause (ii) or the date that is 1 year 
     after the date of enactment of this subparagraph.

       ``(v) Prohibition on unauthorized disclosure of information 
     by covered persons.--

       ``(I) In general.--Beginning on the date of enactment of 
     this subparagraph, a covered person shall not disclose to the 
     public off-site consequence analysis information in any form, 
     or any statewide or national ranking of identified stationary 
     sources derived from such information, except as authorized 
     by this subparagraph (including the regulations promulgated 
     under clause (ii)). After the end of the 1-year period 
     beginning on the date of enactment of this subparagraph, if 
     regulations have not been promulgated under clause (ii), the 
     preceding sentence shall not apply.
       ``(II) Criminal penalties.--Notwithstanding section 113, a 
     covered person that willfully violates a restriction or 
     prohibition established by this subparagraph (including the 
     regulations promulgated under clause (ii)) shall, upon 
     conviction, be fined for an infraction under section 3571 of 
     title 18, United States Code, (but shall not be subject to 
     imprisonment) for each unauthorized disclosure of off-site 
     consequence analysis information, except that subsection (d) 
     of such section 3571 shall not apply to a case in which the 
     offense results in pecuniary loss unless the defendant knew 
     that such loss would occur. The disclosure of off-site 
     consequence analysis information for each specific stationary 
     source shall be considered a separate offense. The total of 
     all penalties that may be imposed on a single person or 
     organization under this item shall not exceed $1,000,000 for 
     violations committed during any 1 calendar year.
       ``(III) Applicability.--If the owner or operator of a 
     stationary source makes off-site consequence analysis 
     information relating to that stationary source available to 
     the public without restriction--

       ``(aa) subclauses (I) and (II) shall not apply with respect 
     to the information; and
       ``(bb) the owner or operator shall notify the Administrator 
     of the public availability of the information.

       ``(IV) List.--The Administrator shall maintain and make 
     publicly available a list of all stationary sources that have 
     provided notification under subclause (III)(bb).

       ``(vi) Notice.--The Administrator shall provide notice of 
     the definition of official use as provided in clause (i)(III) 
     and examples of actions that would and would not meet that 
     definition, and notice of the restrictions on further 
     dissemination and the penalties established by this Act to 
     each covered person who receives off-site consequence 
     analysis information under clause (iv) and each covered 
     person who receives off-site consequence analysis information 
     for an official use under the regulations promulgated under 
     clause (ii).
       ``(vii) Qualified researchers.--

       ``(I) In general.--Not later than 180 days after the date 
     of enactment of this subparagraph, the Administrator, in 
     consultation with the Attorney General, shall develop and 
     implement a system for providing off-site consequence 
     analysis information, including facility identification, to 
     any qualified researcher, including a qualified researcher 
     from industry or any public interest group.
       ``(II) Limitation on dissemination.--The system shall not 
     allow the researcher to disseminate, or make available on the 
     Internet, the off-site consequence analysis information, or 
     any portion of the off-site consequence analysis information, 
     received under this clause.

       ``(viii) Read-only information technology system.--In 
     consultation with the Attorney General and the heads of other 
     appropriate Federal agencies, the Administrator shall 
     establish an information technology system that provides for 
     the availability to the public of off-site consequence 
     analysis information by means of a central data base under 
     the control of the Federal Government that contains 
     information that users may read, but that provides no means 
     by which an electronic or mechanical copy of the information 
     may be made.
       ``(ix) Voluntary industry accident prevention standards.--
     The Environmental Protection Agency, the Department of 
     Justice, and other appropriate agencies may provide technical 
     assistance to owners and operators of stationary sources and 
     participate in the development of voluntary industry 
     standards that will help achieve the objectives set forth in 
     paragraph (1).
       ``(x) Effect on state or local law.--

       ``(I) In general.--Subject to subclause (II), this 
     subparagraph (including the regulations promulgated under 
     this subparagraph) shall supersede any provision of State or 
     local law that is inconsistent with this subparagraph 
     (including the regulations).
       ``(II) Availability of information under state law.--
     Nothing in this subparagraph precludes a State from making 
     available data on the off-site consequences of chemical 
     releases collected in accordance with State law.

       ``(xi) Report.--

       ``(I) In general.--Not later than 3 years after the date of 
     enactment of this subparagraph, the Attorney General, in 
     consultation with appropriate State, local, and Federal 
     Government agencies, affected industry, and the public, shall 
     submit to Congress a report that describes the extent to 
     which regulations promulgated under this paragraph have 
     resulted in actions, including the design and maintenance of 
     safe facilities, that are effective in detecting, preventing, 
     and minimizing the consequences of releases of regulated 
     substances that may be caused by criminal activity. As part 
     of this report, the Attorney General, using available data to 
     the extent possible, and a sampling of covered stationary 
     sources selected at the discretion of the Attorney General, 
     and in consultation with appropriate State, local, and 
     Federal governmental agencies, affected industry, and the 
     public, shall review the vulnerability of covered stationary 
     sources to criminal and terrorist activity, current industry 
     practices regarding site security, and security of 
     transportation of regulated substances. The Attorney General 
     shall submit this report, containing the results of the 
     review, together with recommendations, if any, for reducing 
     vulnerability of covered stationary sources to criminal and 
     terrorist activity, to the Committee on Commerce of the 
     United States House of Representatives and the Committee on 
     Environment and Public Works of the United States Senate and 
     other relevant committees of Congress.
       ``(II) Interim report.--Not later than 12 months after the 
     date of enactment of this subparagraph, the Attorney General 
     shall submit to the Committee on Commerce of the United 
     States House of Representatives and the Committee on 
     Environment and Public Works of the United States Senate, and 
     other relevant committees of Congress, an interim report that 
     includes, at a minimum--

       ``(aa) the preliminary findings under subclause (I);
       ``(bb) the methods used to develop the findings; and
       ``(cc) an explanation of the activities expected to occur 
     that could cause the findings of the report under subclause 
     (I) to be different than the preliminary findings.

       ``(III) Availability of information.--Information that is 
     developed by the Attorney General or requested by the 
     Attorney General and received from a covered stationary 
     source for the purpose of conducting the review under 
     subclauses (I) and (II) shall be exempt from disclosure under 
     section 552 of title 5, United States Code, if such 
     information would pose a threat to national security.

       ``(xii) Scope.--This subparagraph--

       ``(I) applies only to covered persons; and
       ``(II) does not restrict the dissemination of off-site 
     consequence analysis information by any covered person in any 
     manner or form except in the form of a risk management plan 
     or an electronic data base created by the Administrator from 
     off-site consequence analysis information.

       ``(xiii) Authorization of appropriations.--There are 
     authorized to be appropriated to the Administrator and the 
     Attorney General such sums as are necessary to carry out this 
     subparagraph (including the regulations promulgated under 
     clause (ii)), to remain available until expended.''.
       (b) Reports.--
       (1) Definition of accidental release.--In this subsection, 
     the term ``accidental release'' has the meaning given the 
     term in section 112(r)(2) of the Clean Air Act (42 U.S.C. 
     7412(r)(2)).
       (2) Report on status of certain amendments.--Not later than 
     2 years after the date of enactment of this Act, the 
     Comptroller General of the United States shall submit to 
     Congress a report on the status of the development of 
     amendments to the National Fire Protection Association Code 
     for Liquefied Petroleum Gas that will result in the provision 
     of information to local emergency response personnel 
     concerning the off-site effects of accidental releases of 
     substances exempted from listing under section 112(r)(4)(B) 
     of the Clean Air Act (as added by section 3).
       (3) Report on compliance with certain information 
     submission requirements.--Not later than 3 years after the 
     date of enactment of this Act, the Comptroller General of the 
     United States shall submit to Congress a report that--
       (A) describes the level of compliance with Federal and 
     State requirements relating to the submission to local 
     emergency response personnel of information intended to help

[[Page H6089]]

     the local emergency response personnel respond to chemical 
     accidents or related environmental or public health threats; 
     and
       (B) contains an analysis of the adequacy of the information 
     required to be submitted and the efficacy of the methods for 
     delivering the information to local emergency response 
     personnel.
       (c) Reevaluation of Regulations.--The President shall 
     reevaluate the regulations promulgated under this section 
     within 6 years after the enactment of this Act. If the 
     President determines not to modify such regulations, the 
     President shall publish a notice in the Federal Register 
     stating that such reevaluation has been completed and that a 
     determination has been made not to modify the regulations. 
     Such notice shall include an explanation of the basis of such 
     decision.

     SEC. 4. PUBLIC MEETING DURING MORATORIUM PERIOD.

       (a) In General.--Not later than 180 days after the date of 
     enactment of this Act, each owner or operator of a stationary 
     source covered by section 112(r)(7)(B)(ii) of the Clean Air 
     Act shall convene a public meeting, after reasonable public 
     notice, in order to describe and discuss the local 
     implications of the risk management plan submitted by the 
     stationary source pursuant to section 112(r)(7)(B)(iii) of 
     the Clean Air Act, including a summary of the off-site 
     consequence analysis portion of the plan. Two or more 
     stationary sources may conduct a joint meeting. In lieu of 
     conducting such a meeting, small business stationary sources 
     as defined in section 507(c)(1) of the Clean Air Act may 
     comply with this section by publicly posting a summary of the 
     off-site consequence analysis information for their facility 
     not later than 180 days after the enactment of this Act. Not 
     later than 10 months after the date of enactment of this Act, 
     each such owner or operator shall send a certification to the 
     director of the Federal Bureau of Investigation stating that 
     such meeting has been held, or that such summary has been 
     posted, within 1 year prior to, or within 6 months after, the 
     date of the enactment of this Act. This section shall not 
     apply to sources that employ only Program 1 processes within 
     the meaning of regulations promulgated under section 
     112(r)(7)(B)(i) of the Clean Air Act.
       (b) Enforcement.--The Administrator of the Environmental 
     Protection Agency may bring an action in the appropriate 
     United States district court against any person who fails or 
     refuses to comply with the requirements of this section, and 
     such court may issue such orders, and take such other 
     actions, as may be necessary to require compliance with such 
     requirements.

  Mr. BLUNT (during the reading). Mr. Speaker, I ask unanimous consent 
that the amendment in the nature of a substitute be considered as read 
and printed in the Record.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Missouri?
  There was no objection.
  The amendment in the nature of a substitute was agreed to.
  The Senate bill was ordered to be read a third time, was read the 
third time, and passed.
  The title of the Senate bill was amended so as to read:

       ``A bill to amend the Clean Air Act to remove flammable 
     fuels from the list of substances with respect to which 
     reporting and other activities are required under the risk 
     management plan program and for other purposes.''.

  A motion to reconsider was laid on the table.

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