[Congressional Record Volume 147, Number 135 (Wednesday, October 10, 2001)]
[Senate]
[Pages S10462-S10463]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Ms. LANDRIEU:
  S. 1529. A bill to direct the Assistant to the President for Homeland 
Security to establish the National Energy Infrastructure Security 
Program; to the Committee on Energy and Natural Resources.
  Ms. LANDRIEU. Mr. President, as we consider the issue of national 
security in the weeks after the terrorist attacks of September 11, one 
sector in particular that deserves our undivided attention is the 
security of our national energy infrastructure. The vulnerability of 
our country's energy infrastructure became more clear last week when an 
individual was able to cause about 150,000 gallons of oil to spill from 
the 800 mile Trans-Alaska Pipeline with a bullet from a high powered 
rifle.
  I believe the events of September 11 have proven that Congress has a 
responsibility to make sure our Nation's energy infrastructure is 
adequately protected from both hostile and natural attacks.
  We are now engaged in an operation to combat terrorism which will 
take considerable time and resources. Some of the emergency measures 
put in place at energy facilities throughout the country in response to 
the September 11 attacks can only be maintained for so long. For 
example, off the coast of my State of Louisiana the Nation's largest 
port for offloading crude oil was being patrolled by a military vessel. 
While a kind of safety zone around such areas makes sense, should we 
expend our military's resources in order to do so? Merely using our 
present available resources to operate at such high levels of alert for 
the duration of what all indications are will be a long term effort 
does not seem realistic. There is a need for a substantial commitment 
to the protection of our country's energy infrastructure both in scope 
and duration.
  Although 90 percent of the infrastructure in this country is 
privately owned and operated and industry does have an obligation to 
provide security, there is sufficient evidence to suggest the Federal 
Government should make a more significant contribution. First, our 
country is now experiencing an economic downturn. It is imperative for 
our government to continue to focus its attention on measures to 
increase and shore up production while keeping our domestic supply of 
energy steady.
  Second, energy infrastructure is by nature not contained within the 
borders of one State or region. For example, three of the country's top 
ten gasoline consuming States are in the Midwest. The Midwest imports 
25 percent of its total demand from the Gulf Coast. While the Gulf 
Coast refining centers handle half of the total barrels processed in 
the U.S. today, there are only two pipeline systems in place to move 
the product from the South to

[[Page S10463]]

the Midwest. This is a tremendous amount of pressure on Gulf Coast 
refineries to meet demand in the Midwest. What happens if one or both 
of these systems are disrupted? In addition, the only offshore oil 
terminal in the United States, the Louisiana Offshore Oil Port, LOOP, 
is estimated to take in 13 percent of the United States' imported oil 
and refining capacity and is connected by five pipelines to over 30 
percent of the United States refining capacity. Imagine the impact its 
disruption from natural or hostile threats would have on the Nation's 
refining capacity.
  So, whether we are talking about pipelines, transmission lines, 
electric generators, refineries, nuclear power plants, ports, rigs or 
platforms, the Federal Government has a clear and compelling interest 
in providing the necessary resources to ensure that our energy 
infrastructure is sufficiently protected. Since the disruption of a 
particular facility or transmission line has economic consequences and 
could pose a significant threat to the safety of the surrounding 
population, as well as the effect on our economy, environment, state 
and local authorities must also play a role. This would require a 
partnership among the federal, state and local governments and 
industry.
  Today, I am introducing legislation, the National Energy 
Infrastructure Security Program Establishment Act, which would: 
Establish a multi-year national energy infrastructure program overseen 
by the newly appointed Assistant to the President for Homeland 
Security, to provide funding annually to all 50 States in order to make 
sure that all appropriate measures from the monitoring and detection of 
potential threats to mitigation, response and recovery are in place 
against hostile and natural threats; create two funds, one for the 
protection of energy infrastructure located in the coastal zones of oil 
and gas producing States, the other for the energy infrastructure of 
all fifty States excluding those areas in the oil and gas producing 
States that would be provided for in the first fund; provide funding 
based on a formula related to the amount of energy infrastructure a 
State has as well as to the contribution of the State's infrastructure 
to the rest of the country; the Governor of each State would consult 
with Federal, State and local law enforcement, public safety, 
officials, industry and other relevant persons or agencies to put 
together a security plan to submit to the Assistant to the President 
for Homeland Security as well as the Secretaries of Commerce, Energy 
and Interior detailing what measures were necessary provide adequate 
protection of that particular State's infrastructure; and in order to 
pay for this program we would use a percentage of offshore revenues 
from oil and gas development on the Outer Continental Shelf.
  If we are truly serious about protecting our country's energy 
infrastructure from present and future threats, it is necessary for us 
to provide a commitment of significant Federal resources as soon as 
possible.

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