H. Amdt. 503 - Amendment Sought to Strike Section 2111, Which Requires Assessments and Implementation of Methods to Reduce the Consequences of a Terrorist Attack.

Continuing Chemical Facilities Antiterrorism Security Act of 2010

H.R. 2868 — 111^th Congress (2009–2010)

Summary

To amend the Homeland Security Act of 2002 to enhance security and protect against acts of terrorism against chemical facilities, to amend the Safe Drinking Water Act to enhance the security of public water systems, and to amend the Federal Water Pollution Control Act to enhance the security of wastewater treatment works, and for other purposes. (by CRS)

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Title

To amend the Homeland Security Act of 2002 to extend, modify, and recodify the authority of the Secretary of Homeland Security to enhance security and protect against acts of terrorism against chemical facilities, and for other purposes.

Other Titles

• Chemical Facility Anti-Terrorism Act of 2009
• Chemical Facility Anti-Terrorism Act of 2009
• Chemical and Water Security Act of 2009
• Chemical Facility Anti-Terrorism Act of 2009
• Drinking Water System Security Act of 2009
• Wastewater Treatment Works Security Act of 2009
• To amend the Homeland Security Act of 2002 to enhance security and protect against acts of terrorism against chemical facilities, to amend the Safe Drinking Water Act to enhance the security of public water systems, and to amend the Federal Water Pollution Control Act to enhance the security of wastewater treatment works, and for other purposes.

Sponsor

Bennie Thompson

Co-Sponsors

• Edward Markey
• Sheila Jackson Lee
• Yvette Clarke
• Carolyn Maloney
• Maurice Hinchey
• Eleanor Norton
• Henry Waxman
• Bill Pascrell

Subjects

• Emergency management
• Administrative law and regulatory procedures
• Administrative remedies
• Civil actions and liability
• Department of Homeland Security
• Emergency planning and evacuation
• Employment discrimination and employee rights
• Environmental Protection Agency (EPA)
• Evidence and witnesses
• Executive agency funding and structure
• Fires
• Government information and archives
• Hazardous wastes and toxic substances
• Higher education
• Homeland security
• Industrial facilities
• Performance measurement
• Personnel records
• Solid waste and recycling
• Terrorism
• Water quality
• Water use and supply

Related Bills

• H.Res. 885 (111^th) : Providing for Consideration of the Bill (H.R. 2868) to Amend the Homeland Security Act of 2002 to Extend, Modify, and Recodify the Authority of the Secretary of Homeland Security to Enhance Security and Protect Against Acts of Terrorism Against Chemical Facilities, and for Other Purposes.
• S. 3599 (111^th) : Secure Chemical Facilities Act

Major Actions

Introduced	6/15/2009
Referred to Committee
Amendments (10 proposed)
Passed House	11/06/2009

Bill History

• All Votes
• All Actions
• Amendments

	Chamber/Committee	Motion	Date	Result
select this vote	House	On agreeing to the Hastings (FL) amendment (A003) Agreed to by voice vote.	11/06/2009	PASSED by voice vote
select this vote	House	On agreeing to the Flake amendment (A006) Agreed to by voice vote.	11/06/2009	PASSED by voice vote
select this vote	House	On agreeing to the Schrader amendment (A007) Agreed to by voice vote.	11/06/2009	PASSED by voice vote
select this vote	House	On agreeing to the Halvorson amendment (A009) Agreed to by voice vote.	11/06/2009	PASSED by voice vote
select this vote	House	On agreeing to the Foster amendment (A010) Agreed to by voice vote.	11/06/2009	PASSED by voice vote
select this vote	House	Amendment 1 to H.R. 2868	11/06/2009	This amendment PASSED the House 253 voted YES 168 voted NO 19 voted present/not voting
select this vote	House	Amendment 2 to H.R. 2868	11/06/2009	This amendment DID NOT PASS the House 165 voted YES 262 voted NO 13 voted present/not voting
select this vote	House	Amendment 4 to H.R. 2868	11/06/2009	This amendment DID NOT PASS the House 186 voted YES 241 voted NO 13 voted present/not voting
currently selected	House	Amendment 5 to H.R. 2868	11/06/2009	This amendment DID NOT PASS the House 193 voted YES 236 voted NO 11 voted present/not voting
select this vote	House	Amendment 8 to H.R. 2868	11/06/2009	This amendment DID NOT PASS the House 196 voted YES 232 voted NO 12 voted present/not voting
select this vote	House	On Motion to Recommit with Instructions: H.R. 2868 Chemical Facility Anti-Terrorism Act of 2009	11/06/2009	This motion DID NOT PASS the House 189 voted YES 236 voted NO 9 voted present/not voting
select this vote	House	On Passage - House - H.R. 2868 Chemical Facility Anti-Terrorism Act of 2009	11/06/2009	This bill PASSED the House 230 voted YES 193 voted NO 11 voted present/not voting

	Action	Date	Description
	Introduced	6/15/2009
		6/15/2009	Referred to the Committee on Homeland Security, and in addition to the Committee on Energy and Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
		6/15/2009	Referred to House Homeland Security
		6/15/2009	Referred to House Energy and Commerce
		6/16/2009	Committee Hearings Held.
		6/16/2009	Referred to the Subcommittee on Energy and Environment.
	Put on a legislative calendar	6/23/2009	Ordered to be Reported (Amended) by Voice Vote.
		6/23/2009	Committee Consideration and Mark-up Session Held.
		7/13/2009	Reported (Amended) by the Committee on Homeland Security. H. Rept. 111-205, Part I.
		7/13/2009	House Committee on Energy and Commerce Granted an extension for further consideration ending not later than July 31, 2009.
		7/13/2009	Referred sequentially to the House Committee on the Judiciary for a period ending not later than July 31, 2009 for consideration of such provisions of the bill and the amendment as fall within the jurisdiction of that committee pursuant to clause 1(k), rule x.
		7/31/2009	House Committee on Energy and Commerce Granted an extension for further consideration ending not later than Sept. 30, 2009.
		7/31/2009	House Committee on Judiciary Granted an extension for further consideration ending not later than Sept. 30, 2009.
		9/30/2009	House Committee on Energy and Commerce Granted an extension for further consideration ending not later than Oct. 23, 2009.
		9/30/2009	House Committee on Judiciary Granted an extension for further consideration ending not later than Oct. 23, 2009.
		10/01/2009	Subcommittee Hearings Held.
		10/14/2009	Subcommittee Consideration and Mark-up Session Held.
		10/14/2009	Forwarded by Subcommittee to Full Committee (Amended) by the Yeas and Nays: 18 - 10 .
	Put on a legislative calendar	10/23/2009	Placed on the Union Calendar, Calendar No. 178.
		10/23/2009	Reported (Amended) by the Committee on Energy and Commerce. H. Rept. 111-205, Part II.
		10/23/2009	Committee on Judiciary discharged.
		11/03/2009	Rules Committee Resolution H. Res. 885 Reported to House. Rule provides for consideration of H.R. 2868 with 1 hour and 30 minutes of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. Measure will be considered read. A specified amendment is in order. The rule waives all points of order against consideration of the bill except those arising under clause 9 or 10 of rule XXI. The rule provides that in lieu of the amendments in the nature of a substitute recommended by the Committees on Homeland Security and Energy and Commerce now printed in the bill, the amendment in the nature of a substitute printed in part A of the report to accompanying this rule shall be considered as an original bill for the purpose of amendment.
		11/05/2009	Rule H. Res. 885 passed House.
		11/05/2009	Considered under the provisions of rule H. Res. 885.
		11/05/2009	Rule provides for consideration of H.R. 2868 with 1 hour and 30 minutes of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. Measure will be considered read. A specified amendment is in order. The rule waives all points of order against consideration of the bill except those arising under clause 9 or 10 of rule XXI. The rule provides that in lieu of the amendments in the nature of a substitute recommended by the Committees on Homeland Security and Energy and Commerce now printed in the bill, the amendment in the nature of a substitute printed in part A of the report to accompanying this rule shall be considered as an original bill for the purpose of amendment.
		11/05/2009	House resolved itself into the Committee of the Whole House on the state of the Union pursuant to H. Res. 885 and Rule XVIII.
		11/05/2009	The Speaker designated the Honorable Jay Inslee to act as Chairman of the Committee.
		11/05/2009	GENERAL DEBATE - The Committee of the Whole proceeded with ninety minutes of general debate on H. R. 2868.
		11/05/2009	Ms. Johnson, E. B. moved that the Committee rise.
		11/05/2009	On motion that the Committee rise Agreed to by voice vote.
		11/05/2009	Committee of the Whole House on the state of the Union rises leaving H.R. 2868 as unfinished business.
		11/06/2009	Motion to reconsider laid on the table Agreed to without objection.
		11/06/2009	Considered as unfinished business.
		11/06/2009	The House resolved into Committee of the Whole House on the state of the Union for further consideration.
		11/06/2009	DEBATE - Pursuant to the provisions of H.Res. 885, the Committee of the Whole proceeded with 10 minutes of debate on the Thompson (MS) amendment.
		11/06/2009	POSTPONED PROCEEDINGS - At the conclusion of debate on the Thompson (MS) amendment, the Chair put the question on adoption of the amendment and by voice vote, announced that the ayes had prevailed. Mr. Barton (TX) demanded a recorded vote and the Chair postponed further proceedings on the question of adoption of the amendment until later in the legislative day.
		11/06/2009	DEBATE - Pursuant to the provisions of H.Res. 885, the Committee of the Whole proceeded with 10 minutes of debate on the Barton (TX) amendment.
		11/06/2009	POSTPONED PROCEEDINGS - At the conclusion of debate on the Barton (TX) amendment, the Chair put the question on adoption of the amendment and by voice vote, announced that the noes had prevailed. Mr. Barton (TX) demanded a recorded vote and the Chair postponed further proceedings on the question of adoption of the amendment until later in the legislative day.
		11/06/2009	DEBATE - Pursuant to the provisions of H.Res. 885, the Committee of the Whole proceeded with 10 minutes of debate on the Hastings (FL) amendment.
		11/06/2009	DEBATE - Pursuant to the provisions of H.Res. 885, the Committee of the Whole proceeded with 10 minutes of debate on the Dent amendment number 4.
		11/06/2009	POSTPONED PROCEEDINGS - At the conclusion of debate on the Dent amendment number 4, the Chair put the question on adoption of the amendment and by voice vote, announced that the noes had prevailed. Mr. Dent demanded a recorded vote and the Chair postponed further proceedings on the question of adoption of the amendment until later in the legislative day.
		11/06/2009	DEBATE - Pursuant to the provisions of H.Res. 885, the Committee of the Whole proceeded with 10 minutes of debate on the Dent amendment number 5.
		11/06/2009	POSTPONED PROCEEDINGS - At the conclusion of debate on the Dent amendment number 5, the Chair put the question on adoption of the amendment and by voice vote, announced that the noes had prevailed. Mr. Dent demanded a recorded vote and the Chair postponed further proceedings on the question of adoption of the amendment until later in the legislative day.
		11/06/2009	DEBATE - Pursuant to the provisions of H.Res. 885, the Committee of the Whole proceeded with 10 minutes of debate on the Flake amendment.
		11/06/2009	DEBATE - Pursuant to the provisions of H.Res. 885, the Committee of the Whole proceeded with 10 minutes of debate on the Schrader amendment.
		11/06/2009	DEBATE - Pursuant to the provisions of H.Res. 885, the Committee of the Whole proceeded with 10 minutes of debate on the McCaul amendment.
		11/06/2009	POSTPONED PROCEEDINGS - At the conclusion of debate on the McCaul amendment, the Chair put the question on adoption of the amendment and by voice vote, announced that the noes had prevailed. Mr. McCaul demanded a recorded vote and the Chair postponed further proceedings on the question of adoption of the amendment until later in the legislative day.
		11/06/2009	DEBATE - Pursuant to the provisions of H.Res. 885, the Committee of the Whole proceeded with 10 minutes of debate on the Halvorson amendment.
		11/06/2009	DEBATE - Pursuant to the provisions of H.Res. 885, the Committee of the Whole proceeded with 10 minutes of debate on the Foster amendment.
		11/06/2009	UNFINISHED BUSINESS - The Chair announced that the unfinished business was the question of adoption of amendments which had been debated earlier and on which further proceedings had been postponed.
		11/06/2009	The House rose from the Committee of the Whole House on the state of the Union to report H.R. 2868.
		11/06/2009	The House adopted the amendment as agreed to by the Committee of the Whole House on the state of the Union.
		11/06/2009	Mr. Dent moved to recommit with instructions to Homeland Security.
		11/06/2009	DEBATE - The House proceeded with 10 minutes of debate on the Dent motion to recommit with instructions. The instructions contained in the motion seek to insert a new paragraph which states that in implementing methods to reduce consequences of a terrorist attact on a chemical facility, such implementation must not significantly or demonstrably reduce the operations of the covered chemical facility or result in any net reduction in private sector employment when national unemployment is above 4 percent.
		11/06/2009	The previous question on the motion to recommit with instructions was ordered without objection.
		11/06/2009	The title of the measure was amended. Agreed to without objection.
		11/06/2009	The Clerk was authorized to correct section numbers, punctuation, and cross references, and to make other necessary technical and conforming corrections in the engrossment of H.R. 2868.
		11/06/2009	Amendment (A001) offered by Mr. Thompson (MS).
		11/06/2009	Amendment (A002) offered by Mr. Barton (TX).
		11/06/2009	Amendment (A003) offered by Mr. Hastings (FL).
select this vote	Vote	11/06/2009	On agreeing to the Hastings (FL) amendment (A003) Agreed to by voice vote.
		11/06/2009	Amendment (A004) offered by Mr. Dent.
		11/06/2009	Amendment (A005) offered by Mr. Dent.
		11/06/2009	Amendment (A006) offered by Mr. Flake.
select this vote	Vote	11/06/2009	On agreeing to the Flake amendment (A006) Agreed to by voice vote.
		11/06/2009	Amendment (A007) offered by Mr. Schrader.
select this vote	Vote	11/06/2009	On agreeing to the Schrader amendment (A007) Agreed to by voice vote.
		11/06/2009	Amendment (A008) offered by Mr. McCaul.
		11/06/2009	Amendment (A009) offered by Mrs. Halvorson.
select this vote	Vote	11/06/2009	On agreeing to the Halvorson amendment (A009) Agreed to by voice vote.
		11/06/2009	Amendment (A010) offered by Mr. Foster.
select this vote	Vote	11/06/2009	On agreeing to the Foster amendment (A010) Agreed to by voice vote.
select this vote	Vote	11/06/2009	Amendment 1 to H.R. 2868
select this vote	Vote	11/06/2009	Amendment 2 to H.R. 2868
select this vote	Vote	11/06/2009	Amendment 4 to H.R. 2868
currently selected	Vote	11/06/2009	Amendment 5 to H.R. 2868
select this vote	Vote	11/06/2009	Amendment 8 to H.R. 2868
select this vote	Vote	11/06/2009	On Motion to Recommit with Instructions: H.R. 2868 Chemical Facility Anti-Terrorism Act of 2009
select this vote	House Vote on Passage	11/06/2009	On Passage - House - H.R. 2868 Chemical Facility Anti-Terrorism Act of 2009
		11/09/2009	Received in the Senate and Read twice and referred to the Committee on Homeland Security and Governmental Affairs.
		3/03/2010	Committee on Homeland Security and Governmental Affairs. Hearings held.
	Put on a legislative calendar	7/28/2010	Committee on Homeland Security and Governmental Affairs. Ordered to be reported with an amendment in the nature of a substitute favorably.
		12/16/2010	Committee on Homeland Security and Governmental Affairs. Reported by Senator Lieberman with an amendment in the nature of a substitute and an amendment to the title. With written report No. 111-370.
	Put on a legislative calendar	12/16/2010	Placed on Senate Legislative Calendar under General Orders. Calendar No. 700.

	Number	Sponsor	Date Offered	Status
select this vote	H. Amdt. 499	Thompson, Bennie [D-MS2]	November 6, 2009	Passed by roll call vote on November 6, 2009.
	Amendment makes a number of technical and conforming corrections. Show amendment details
select this vote	H. Amdt. 500	Barton, Joe [R-TX6]	November 6, 2009	Failed by roll call vote on November 6, 2009.
	Amendment sought to insert provisions in the bill which allow the new Federal chemical facility regulations enacted by this bill to preempt state and local laws that "hinder, pose obstacles to, or frustrate the purpose of the federal program". Show amendment details
select this vote	H. Amdt. 501	Hastings, Alcee [D-FL20]	November 6, 2009	Passed by voice vote on November 6, 2009.
	Amendment establishes a point of contact within the Office of Chemical Facility Security providing for who would be responsible for interagency coordination and also requires the Secretary to liaise with State Emergency Response Commissions and Local Emergency Planning Committees to update emergency planning and training procedures. Show amendment details
select this vote	H. Amdt. 502	Dent, Charles [R-PA15]	November 6, 2009	Failed by roll call vote on November 6, 2009.
	Amendment sought to strike Title I, affecting chemical facilities, and replace it with an extension of the Department of Homeland Security's current regulatory authority under section 550(b) of the Department of Homeland Security Appropriations Act, 2007. Show amendment details
currently selected	H. Amdt. 503	Dent, Charles [R-PA15]	November 6, 2009	Failed by roll call vote on November 6, 2009.
	Amendment sought to strike section 2111, which requires assessments and implementation of methods to reduce the consequences of a terrorist attack. Actions November 6, 2009, 2:25 pm ET - Amendment (A005) offered by Mr. Dent. November 6, 2009, 4:05 pm ET - Amendment 5 to H.R. 2868 Full Text of this Amendment The text of this amendment is not available.
select this vote	H. Amdt. 504	Flake, Jeff [R-AZ]	November 6, 2009	Passed by voice vote on November 6, 2009.
	Amendment prevents earmarking in a new grant program established in the bill and clarifies that Congress presumes that grants awarded through that program will be awarded on a competitive basis, and if they are not, requires the Secretary to submit a report to Congress as to why not. Show amendment details
select this vote	H. Amdt. 505	Schrader, Kurt [D-OR5]	November 6, 2009	Passed by voice vote on November 6, 2009.
	Amendment requires the Department of Homeland Security 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. Show amendment details
select this vote	H. Amdt. 506	McCaul, Michael [R-TX10]	November 6, 2009	Failed by roll call vote on November 6, 2009.
	Amendment sought to strike the citizen enforcement section of the bill. Show amendment details
select this vote	H. Amdt. 507	Halvorson, Deborah [D-IL11]	November 6, 2009	Passed by voice vote on November 6, 2009.
	Amendment permits the Secretary to provide guidance, tools, methodologies, or software to assist small covered chemical facilities in complying with the security requirements. Show amendment details
select this vote	H. Amdt. 508	Foster, Bill [D-IL11]	November 6, 2009	Passed by voice vote on November 6, 2009.
	Amendment directs the Secretary to establish appropriate protocols and security procedures for covered chemical facilities that are also University and Academic labs, separate from commercial chemical facilities. Show amendment details