House panel votes for mandating safer technology at chemical plants

The House Homeland Security Committee approved a bill yesterday along party lines that could make chemical facilities use safer technologies and open them to civil lawsuits when they violate regulations,  (subscription only). If passed, the bill would codify the Chemical Facility Anti-Terrorism Standards, which are set to expire in October. Republicans on the committee tried to amend the bill to make it harder to bring civil lawsuits but were unsuccessful.

CQ.com reports that,

On Tuesday, the panel rejected three Republican amendments that would have addressed a provision to allow civil lawsuits against facilities that violate chemical security regulations or the Department of Homeland Security (DHS) for failing to enforce them, even if the party filing the suit has not been injured.

The committee discussed the amendments June 19, but rejected them Tuesday along party lines, voting 11-17 against Broun’s provision, 10-16 against Souder’s and 11-17 against McCaul’s.

One, by Paul Broun of Georgia, would have eliminated the provision outright; another, by Mark Souder of Indiana, would have prevented lawsuits that release proprietary information or present a security risk; and a third, by Michael McCaul of Texas, would have allowed citizens to lodge complaints with the inspector general rather than file lawsuits.

Matthew Harwood reports that Republicans were successful at amending the legislation to make it harder for DHS secretary to make certain facilities use “inherently safer technologies” by replacing dangerous substances or processes with safer ones to reduce the damage of a terrorist attack.

Two amendments from Representative Charlie Dent (R-Pennsylvania) passed that would make DHS secretary go before Congress to explain how much the changes would cost the facility before ordering them while the second would bar the homeland security chief from ordering changes that would result in staff or production cuts.