An amendment numbered 7 printed in Part B of House Report 111-327 to require DHS to conduct a study on the scope and potential impacts of the provisions that require the use of safer processes or chemicals on manufacturers or retailers of pesticide or fertilizer.

1. 1

   Change 1: Replaces “Sectoral Impacts” with “Agricultural Sector”

   ReplacesPage 54, line 24Printed page

   In H.R. 2868 · Reported in House

   "(B) Review.--Not later than 120 days of receipt of an explanation submitted under subparagraph (A), the Secretary, after consulting with the owner or operator of the covered chemical facility who submitted such explanation, as well as experts in the subjects of environmental health and safety, security, chemistry, design and engineering, process controls and implementation, maintenance, production and operations, chemical process safety, and occupational health, as appropriate, shall provide to the owner or operator a written determination, in his or her discretion, of whether implementation shall be required pursuant to paragraph (1). If the Secretary determines that implementation is required, the Secretary shall issue an order that establishes the basis for such determination, including the findings of the relevant experts, the specific methods selected for implementation, and a schedule for implementation of the methods at the facility.

   Struck: "(c) Sectoral Impacts.--

   Inserted: "(c) Agricultural Sector.--

   "(1) Guidance for farm supplies merchant wholesalers.--The Secretary shall provide guidance and, as appropriate, tools, methodologies or computer software, to assist farm supplies merchant wholesalers in complying with the requirements of this section. The Secretary may award grants to farm supplies merchant wholesalers to assist with compliance with subsection (a), and in awarding such grants, shall give priority to farm supplies merchant wholesalers that have the greatest need for such grants.

   Original wording

   Page 54, line 24, strike “Sectoral Impacts” and insert “Agricultural Sector”.

2. 2

   Change 2: Replaces “impacts of compliance” with “agricultural impacts”

   ReplacesPage 55, line 12Printed page

   In H.R. 2868 · Reported in House

   "(1) Guidance for farm supplies merchant wholesalers.--The Secretary shall provide guidance and, as appropriate, tools, methodologies or computer software, to assist farm supplies merchant wholesalers in complying with the requirements of this section. The Secretary may award grants to farm supplies merchant wholesalers to assist with compliance with subsection (a), and in awarding such grants, shall give priority to farm supplies merchant wholesalers that have the greatest need for such grants.

   "(2) Assessment of impacts.--Not later than 6 months after the date of enactment of this title, the Secretary shall transmit an assessment of the potential [inserted: agricultural ]impacts [struck: of compliance ]with provisions of this section regarding the assessment and, as appropriate, implementation, of methods to reduce the consequences of a terrorist attack by manufacturers, retailers, aerial commercial applicators, and distributors of pesticide and fertilizer to the Committee on Energy and Commerce of the House of Representatives, the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate.[struck: ][inserted: ]Such assessment shall be conducted by the Secretary in consultation with other appropriate Federal agencies and shall include the following:

   "(A) Data on the scope of facilities covered by this title, including the number and type of manufacturers, retailers, aerial commercial applicators and distributors of pesticide and fertilizer required to assess methods to reduce the consequences of a terrorist attack under subsection (a) and the number and type of manufacturers, retailers, aerial commercial applicators and distributors of pesticide and fertilizer assigned to tier 1 or tier 2 by the Secretary because of the potential extent and likelihood of death, injury, and serious adverse effects to human health, the environment, critical infrastructure, public health, homeland security, national security, and the national economy from the release of a substance of concern at the facility.

   Original wording

   Page 55, beginning on line 12, strike “impacts of compliance” and insert “agricultural impacts”.

3. 3

   Change 3: Replaces “by manufacturers, retailers, aerial commercial applicators, and distributors of pesticide…” with “on the agricultural sector”

   ReplacesPage 55, line 19Printed page

   [struck: by manufacturers, retailers, aerial commercial applicators, and distributors of pesticide and fertilizer][inserted: on the agricultural sector]

   Original wording

   Page 55, beginning on line 19, strike “by manufacturers, retailers, aerial commercial applicators, and distributors of pesticide and fertilizer” and insert “on the agricultural sector”.

4. 4

   Change 4: Inserts new text on page 55, line 23

   InsertsPrinted page
   Original wording

   Page 55, line 23, insert a comma

5. 5

   Change 5: Strikes “and”

   StrikesPage 55, line 24Printed page

   Struck: and

   Original wording

   Page 55, line 24, strike “and”

6. 6

   Change 6: Inserts “agricultural” after “scope of”

   InsertsPage 56, line 4Printed page

   …scope of[inserted: agricultural]…

   Original wording

   Page 56, line 4, insert “agricultural” after “scope of”.

7. 7

   Change 7: Replaces “other sectors engaged in commerce” with “agricultural end-users”

   ReplacesPage 57, line 15Printed page

   In H.R. 2868 · Reported in House

   "(B) A survey of known methods, processes or practices, other than elimination of or cessation of manufacture of the pesticide or fertilizer, that manufacturers, retailers, aerial commercial applicators, and distributors of pesticide and fertilizer could use to reduce the consequences of a terrorist attack, including an assessment of the costs and technical feasibility of each such method, process, or practice.

   "(C) An analysis of how the[struck: ][inserted: ]assessment of methods to reduce the consequences of a[struck: ][inserted: ]terrorist attack under subsection (a) by[struck: ][inserted: ]manufacturers, retailers, aerial commercial applicators, and distributors of pesticide and fertilizer,[struck: ][inserted: ]and,[struck: ][inserted: ]as appropriate, the implementation of methods to reduce the consequences of a[struck: ][inserted: ]terrorist attack by[struck: ][inserted: ]such manufacturers, retailers, aerial commercial applicators, and distributors of pesticide and fertilizer[struck: ][inserted: ]subject to[struck: ][inserted: ]subsection (b), are likely to impact [struck: other sectors engaged in commerce][inserted: agricultural end-users].

   "(D) Recommendations for how to mitigate any adverse impacts identified pursuant to subparagraph (C).

   Original wording

   Page 57, beginning on line 15, strike “other sectors engaged in commerce” and insert “agricultural end-users”.

8. 8

   Change 8: Strikes the printed lines

   StrikesA printed page

   Removes the printed lines.

   Original wording

   Strike line 20

Read automatically from the Congressional Record. Check the original before relying on it.

As printed