Statement on the Homeland Security Committee's Approval of the "Chemical Facility Anti-Terrorism Act"

Statement from Diane VanDe Hei, Executive Director, Association of Metropolitan Water Agencies

Today, the House Homeland Security Committee approved draft legislation that would give the Department of Homeland Security (DHS) permanent authority to oversee the security measures of the nation's chemical facilities and drinking water treatment plants.  Unfortunately, the legislation as currently drafted goes too far in allowing DHS to involve itself with water disinfection decisions that are best made by community water system professionals.

 

Under the bill, DHS employees in Washington, D.C. could direct community water systems to end or reduce the use of water treatment chemicals such as chlorine, a critical disinfectant that protects public health and helps water systems meet the requirements of the Safe Drinking Water Act. What's more, the bill does not require the department to consult with EPA or any other federal, state, or local authority about possible water quality or public health consequences of ordering a system to abandon chlorine. As noted in the department's testimony before the committee on February 26, water treatment decisions are outside of the "core expertise" of DHS.

 

While many water systems have adopted alternative water disinfection processes after substantial planning, budgeting, and preparations for new risks, other water systems have determined that abandoning chlorine is not feasible. AMWA does not believe it is appropriate to give DHS the authority to override public health decisions by community water system professionals.

 

Despite this major problem with the legislation, we appreciate the generosity of the Homeland Security Committee staff in working with AMWA to improve other areas of the bill. Positive changes made to the draft bill include:

We also appreciate that the committee adopted an amendment making clear that DHS may not shut down the operations of a water plant unless there is a "clear and present danger to homeland security." Previously, the bill would have allowed DHS to shut down a city's water plant because of a disagreement over the adequacy of its vulnerability assessment or security plan, even in the absence of a credible threat. The public health and safety consequences of such an action would be severe.

 

In the coming weeks and months, AMWA looks forward to continuing to work with the Homeland Security Committee and other committees of jurisdiction to improve this bill and ensure that critical water disinfection decisions are made by local experts who are familiar with their region's unique climate, geographic, and source water characteristics.