[Congressional Record Volume 153, Number 4 (Tuesday, January 9, 2007)]
[House]
[Pages H198-H199]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

 Mr. Chairman: I am writing to seek clarification on 
     jurisdictional aspects of H.R 1, the ``Implementing the 9/11 
     Commission Recommendations Act of 2007''. The bill appears to 
     concern many sectors of the United States economy. These 
     include food safety, chemical safety, energy, electric 
     reliability, nuclear energy, public health and health care, 
     biological threats, telecommunications, the Internet, 
     pipeline safety, safe drinking water, and hydroelectric 
     facilities.
       As the Committee on Energy and Commerce has jurisdiction on 
     statutes that concern these economic sectors and has relevant 
     expertise to offer, I would like assurances that you will 
     continue to work with me in a meaningful manner on these 
     issues as the bill moves forward. I believe that such 
     collaboration will help ensure that the bill does not result 
     in the private sector being subjected to conflicting or 
     inconsistent rules or guidance.
       I would like to give a few examples of portions of the bill 
     where clarification would be helpful. First, with respect to 
     first responders in emergency situations, Section 101 of the 
     bill requires the Secretary of Homeland Security to establish 
     risk-based evaluation and prioritization criteria for 
     Department of Homeland Security grants to first responders. 
     The new Section 2004(a) of the Homeland Security Act created 
     by Section 101 of this bill requires the Secretary, ``in 
     establishing criteria for evaluating and prioritizing 
     applications for covered grants,'' to ``coordinate'' with 
     ``other Department officials as determined by the 
     Secretary.'' In developing the criteria, do you intend for 
     the Secretary of Homeland Security to coordinate with the 
     Secretary of Health and Human Services, among other Federal 
     agencies?
       As to the scanning of containers at foreign ports, there is 
     a provision in Title V of the bill to require the scanning of 
     100 percent of containers before they leave foreign ports 
     bound for the United States. The Department of Energy has a 
     ``Megaports Initiative'' to secure containers at foreign 
     ports. As the scanning requirement contained in the bill may 
     raise a number of issues involving the Department of Energy's 
     Megaports program, will you work with me to ensure that these 
     issues are addressed?
       As to environmental matters, Section 901 requires the 
     Secretary of Homeland Security to prepare a vulnerability 
     assessment of critical infrastructure ``Except where a 
     vulnerability assessment is required under another provision 
     of law.'' The Safe Drinking Water Act requires drinking water 
     utilities to conduct vulnerability assessments and provide 
     them to the Environmental Protection Agency (EPA) for review. 
     Do you agree that the effect of the ``except'' clause is that 
     there is no requirement for Homeland Security officials to 
     perform vulnerability assessments at drinking water 
     utilities?
       Continuing with environmental matters, Title XI of the bill 
     directs the Secretary of Homeland Security to develop and 
     implement a program to enhance private sector emergency 
     preparedness through the promotion and use of voluntary 
     standards. Section 112(r) of the Clean Air Act establishes a 
     regulatory program that concerns accidental releases of 
     hazardous chemicals, and the program requires covered 
     facilities to prepare an emergency response plan. That plan 
     must inform the public and local agencies as to accidental 
     releases, emergency health care, and employee training 
     measures. Am I correct that you do not intend for the bill's 
     voluntary program to interfere with the mandatory Clean Air 
     Act program?
       Turning to energy, I want to work with you to clarify the 
     bill's effect with respect to independent regulatory 
     commissions in the field, such as the Federal Energy 
     Regulatory Commission (FERC) and the Nuclear Regulatory 
     Commission (NRC), as well as the Department of Energy (DOE), 
     which issues health and safety regulations for protection of 
     the public, workers, and the environment. The areas of 
     concern regarding energy include the following:
       (1) The bill's effects on the Energy Reliability 
     Organization recently approved by FERC pursuant to the Energy 
     Policy Act of 2005.
       (2) The bill's effects on conditions established by the NRC 
     on construction and operation licenses required of the 
     Nation's nuclear power plants to ensure their safety and 
     reliability, including their ability to withstand natural 
     disasters such as hurricanes and earthquakes and also 
     potential hostile threats.
       (3) The bill's effects on rules established by the DOE (in 
     concert with other regulatory agencies such as the 
     Environmental Protection Agency (EPA)) with respect to 
     radiological hazards at the Nation's nuclear waste and 
     weapons facilities, including rules relating to worker safety 
     and the protection of public health and the environment.
       Will you work with me to clarify these matters?
       Another area of concern relates to various 
     telecommunication issues. One is improving communications 
     interoperability. The National Telecommunications and 
     Information Administration (NTIA), one of the Executive 
     Branch agencies with communications expertise, administers, 
     in consultation with the Department of Homeland Security's, a 
     billion dollar program to improve interoperable emergency 
     communications. Will you

[[Page H199]]

     work with me on these telecommunications issues?
       Finally, there is the issue of cyber security. For example, 
     several Federal agencies have ongoing efforts to improve 
     cyber security. Similarly, the expert on cyber-security 
     within the Department of Homeland Security is the Assistant 
     Secretary for Cyber Security and Telecommunications, as set 
     out in section 242 of the Department of Homeland Security 
     Appropriations Act for Fiscal Year 2007. Do you agree that 
     this bill does not attempt in any way to diminish or dilute 
     any authority or resources of the Assistant Secretary for 
     Cyber Security or of other Federal agencies engaged in 
     efforts to secure cyber space?
       I appreciate your cooperation. In closing, I note that 
     additional issues may be identified that would benefit from 
     our cooperative efforts. Thank you in advance for considering 
     my concerns and providing the necessary clarification on 
     these matters.
           Sincerely,

                                              John D. Dingell,

                                                         Chairman,
                                 Committee on Energy and Commerce.

  Mr. THOMPSON of Mississippi. I yield 1 minute to the gentleman from 
Michigan (Mr. Stupak) for his statement.
  Mr. STUPAK. I thank the gentleman for yielding to me as I rise in 
support of the H.R. 1 legislation to implement the 9/11 Commission 
recommendations.
  For far too long, police officers have not been able to communicate 
directly with firefighters, EMT, and other emergency personnel. This is 
called interoperability. This lack of the ability to communicate with 
each other resulted in the deaths of 121 firefighters on September 11 
because no one could tell these firefighters to get out of the building 
before the World Trade Center fell upon them.
  The 9/11 Commission concluded that the inability to communicate was a 
critical element in the World Trade Center, Pentagon, and Somerset 
County, Pennsylvania, crash sites. Federal funding of such interagency 
communication units should be given a high priority, so said the 9/11 
Commission.
  I have been down to this floor repeatedly since then trying to 
increase money for interoperability so we could communicate with each 
other. Last year, I actually introduced an amendment which asked for 
$5.8 billion of the $18 billion estimated for this interoperability 
program, and, unfortunately, my Republican colleagues defeated the 
amendment on a tie vote.
  Mr. Speaker, at a minimum, we owe our first responders the tools they 
need to do the jobs they need to do so that they may protect the 
American people.
  Mr. Speaker, I rise in support of H.R. 1, legislation to implement 
the 9-11 Commission's recommendation.
  For far too long, police officers have not been able to communicate 
directly with firefighters or EMT in their own city or just across 
jurisdictional lines. This lack of the ability to communicate is called 
interoperability. The lack of interoperability resulted in the deaths 
of 121 firefighters on September 11th because no one could tell these 
firefighters that the World Trade Center was about to cave in on them.
  The 9-11 Commissioners concluded:

       The inability to communicate was a critical element of the 
     World Trade Center, Pentagon, and Somerset County, 
     Pennsylvania, crash sites . . . Federal funding of such 
     (interagency communication) units should be given high 
     priority--9-11 Commission Report

  In 2005, the 9-11 Commission gave Congress and the Administration an 
``F'' for failing to address our nation's interoperability problem.
  H.R. 1 would establish a grant program within the Department of 
Homeland Security dedicated to interoperable communications and require 
greater accountability at DHS.
  In the past, I have offered an amendment to apply $5.8 billion 
dollars to the new grant program, but my Republican colleagues defeated 
my amendment on a tie vote.
  Republicans defeated similar Democratic efforts in the Homeland 
Security Committee. Time and time again, the Republican-led House 
blocked more funding for interoperable communications.
  Mr. Speaker, at minimum, we owe our first responders the tools they 
need to do their jobs to make America safe--our first responders must 
be able to communicate. Today, Congress is taking steps to provide 
those tools and ensure we never repeat the mistakes of 9-11.
  Mr. THOMPSON of Mississippi. Mr. Speaker, I yield 1 minute to the 
gentlewoman from Florida (Ms. Corrine Brown).
  Ms. CORRINE BROWN of Florida. Mr. Speaker, it has been almost 3 years 
since the train bombing in Madrid, almost 2 years since the transit 
bombing in London, and nearly a year since the commuter rail bombings 
in Bombay, India; yet the Bush administration has done nothing to 
protect the Nation's freight and transit rail systems and its millions 
of passengers.
  We cannot keep treating our rail infrastructure as second-class 
citizens. We have dedicated billions of dollars to repair the rail 
system in Iraq but have done little to invest in the security upgrades 
needed right here in America.
  Another perfect example of falling down on the job is the 
administration repeatedly zeroing out the Port Security Grant program, 
which is one of the few sources for a port to improve anti-terrorist 
measures in their facilities.
  Passing this bill will be the first step in a long road to protecting 
the people of this Nation and making sure our communities, our first 
responders, and our transportation workers are safe.
  In December 2005, the 9/11 Commission gave the administration and 
Congress five Fs and 12 Ds. An example of one of these F grades is in 
providing a risk-based allocation of homeland security.
  I encourage all the Members to vote for this bill.
  Mr. THOMPSON of Mississippi. Mr. Speaker, I reserve the balance of my 
time.
  The SPEAKER pro tempore. Pursuant to section 507 of House Resolution 
6, further proceedings on the bill will be postponed.

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