[Congressional Record (Bound Edition), Volume 153 (2007), Part 23]
[Senate]
[Pages 32030-32031]
[From the U.S. Government Publishing Office, www.gpo.gov]




                              {time}  1445
         BUREAU OF RECLAMATION SITE SECURITY COSTS ACT OF 2007

  Mrs. NAPOLITANO. Mr. Speaker, I move to suspend the rules and pass 
the bill (H.R. 1662) to amend the Reclamation Safety of Dams Act of 
1978 to authorize improvements for the security of dams and other 
facilities, as amended.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                               H.R. 1662

       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 ``Bureau of Reclamation Site 
     Security Costs Act of 2007''.

     SEC. 2. TREATMENT OF CAPITAL COSTS.

       Costs incurred by the Secretary of the Interior for the 
     physical fortification of Bureau of Reclamation facilities to 
     satisfy increased post-September 11, 2001, security needs, 
     including the construction, modification, upgrade, or 
     replacement of such facility fortifications, shall be 
     nonreimbursable.

     SEC. 3. TREATMENT OF SECURITY-RELATED OPERATION AND 
                   MAINTENANCE COSTS.

       (a) Reimbursable Costs.--The Secretary of the Interior 
     shall include no more than $18,900,000 per fiscal year, 
     indexed each fiscal year after fiscal year 2008 according to 
     the preceding year's Consumer Price Index, of those costs 
     incurred for increased levels of guards and patrols, 
     training, patrols by local and tribal law enforcement 
     entities, operation, maintenance, and replacement of guard 
     and response force equipment, and operation and maintenance 
     of facility fortifications at Bureau of Reclamation 
     facilities after the events of September 11, 2001, as 
     reimbursable operation and maintenance costs under 
     Reclamation law.
       (b) Costs Collected Through Water Rates.--In the case of 
     the Central Valley Project of California, site security costs 
     allocated to irrigation and municipal and industrial water 
     service in accordance with this Act shall be collected by the 
     Secretary exclusively through inclusion of these costs in the 
     operation and maintenance water rates.

     SEC. 4. TRANSPARENCY AND REPORT TO CONGRESS.

       (a) Policies and Procedures.--The Secretary is authorized 
     to develop policies and procedures with project 
     beneficiaries, consistent with the requirements of 
     subsections (b) and (c), to provide for the payment of the 
     reimbursable costs described in section 3.
       (b) Notice.--On identifying a Bureau of Reclamation 
     facility for a site security measure, the Secretary shall 
     provide to the project beneficiaries written notice--
       (1) describing the need for the site security measure and 
     the process for identifying and implementing the site 
     security measure; and
       (2) summarizing the administrative and legal requirements 
     relating to the site security measure.
       (c) Consultation.--The Secretary shall--
       (1) provide project beneficiaries an opportunity to consult 
     with the Bureau of Reclamation on the planning, design, and 
     construction of the site security measure; and
       (2) in consultation with project beneficiaries, develop and 
     provide timeframes for the consultation described in 
     paragraph (1).
       (d) Response; Notice.--Before incurring costs pursuant to 
     activities described in section 3, the Secretary shall 
     consider cost containment measures recommended by a project 
     beneficiary that has elected to consult with the Bureau of 
     Reclamation on such activities. The Secretary shall provide 
     to the project beneficiary--
       (1) a timely written response describing proposed actions, 
     if any, to address the recommendation; and
       (2) notice regarding the costs and status of such 
     activities on a periodic basis.
       (e) Report.--The Secretary shall report annually to the 
     Natural Resources Committee of the House of Representatives 
     and the Energy and Natural Resources Committee of the Senate 
     on site security actions and activities undertaken pursuant 
     to this Act for each fiscal year. The report shall include a 
     summary of Federal and non-Federal expenditures for the 
     fiscal year and information relating to a 5-year planning 
     horizon for the program, detailed to show pre-September 11, 
     2001, and post-September 11, 2001, costs for the site 
     security activities.

     SEC. 5. PRE-SEPTEMBER 11, 2001 SECURITY COST LEVELS.

        Reclamation project security costs at the levels of 
     activity that existed prior to September 11, 2001, shall 
     remain reimbursable.

  The SPEAKER pro tempore. Pursuant to the rule, the gentlewoman from 
California (Mrs. Napolitano) and the gentlewoman from Washington (Mrs. 
McMorris Rodgers) each will control 20 minutes.
  The Chair recognizes the gentlewoman from California.


                             General Leave

  Mrs. NAPOLITANO. Mr. Speaker, I ask unanimous consent that all 
Members may have 5 days to revise and extend their remarks and include 
extraneous material on the bill under consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentlewoman from California?
  There was no objection.
  Mrs. NAPOLITANO. Mr. Speaker, I yield myself such time as I may 
consume.
  I introduced H.R. 1662 to address the question of how we, the Federal 
Government, should pay for increased security mandated and required by 
the Bureau of Reclamation facilities after the attacks of September 11, 
2001. As amended by the Committee on Natural Resources, H.R. 1662 sets 
a firm cap, $18.9 million annually, indexed to inflation, on costs that 
can be passed on to water and power customers to pay for guards, patrol 
expenses and other things like that.
  The bill, as amended, also includes reporting requirements that are 
reasonable and appropriate to keep the Congress and project 
beneficiaries advised of Bureau of Reclamation site security 
activities.
  I commend our ranking member, Cathy McMorris Rodgers, for her 
bipartisan support of this bill.
  Mr. Speaker, I strongly support enactment of this noncontroversial 
bill. I ask my colleagues to support H.R. 1662, as amended.
  I reserve the balance of my time.
  Mrs. McMORRIS RODGERS. Mr. Speaker, I yield myself such time as I may 
consume.
  Mr. Speaker, this bipartisan bill protects much of our critical water 
and power infrastructure in the West and gives consumers cost certainty 
in how these facilities are protected. Many of the dams in the West are 
multipurpose in nature. For example, the Grand Coulee Dam in eastern 
Washington provides irrigation water and renewable hydropower benefits 
but also plays a major role in preventing floods, allowing millions to 
enjoy our public lands and waterways and helping the environment.
  Water and power beneficiaries of Grand Coulee will pay for the major 
portion of the post-9/11 security costs under this legislation. But 
this bill also reflects the reality that these dams are national 
treasures that provide national benefits by capping the costs to local 
water and power customers.
  This bill also requires our government to be more transparent in how 
it does business by requiring commonsense reports in how it spends its 
site security dollars. This bill has truly been a bipartisan effort 
that has spanned the past three Congresses. Through every step of the 
process, Republicans and Democrats have worked together to draft this 
legislation and bring about a much-needed way for the Bureau of 
Reclamation to carry out this program. I applaud the chairwoman of the 
Water and Power Subcommittee, Grace Napolitano, for taking the lead to 
get the legislation passed through this Congress and urge my colleagues 
to support this important bipartisan measure.
  Mr. Speaker, I have no additional speakers and yield back the balance 
of my time.
  Mrs. NAPOLITANO. Mr. Speaker, I certainly want to thank Ranking 
Member Cathy McMorris Rodgers for her role in this. She described the 
bill very aptly. We are asking our colleagues to support H.R. 1662, as 
amended.
  I have no further requests for time, and I yield back the balance of 
my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentlewoman from California (Mrs. Napolitano) that the House suspend 
the rules and pass the bill, H.R. 1662, as amended.
  The question was taken; and (two-thirds being in the affirmative) the 
rules were suspended and the bill, as amended, was passed.
  The title was amended so as to read: ``A bill to authorize the 
Secretary of the Interior to seek limited reimbursement for site 
security activities, and for other purposes.''.
  A motion to reconsider was laid on the table.

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