US Congress House Bill 2868 (Prior Session Legislation)

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Spectrum: Partisan Bill (Democrat 9-0)
Status: Engrossed on November 9 2009 - 50% progression, died in chamber
Action: 2010-12-16 - Placed on Senate Legislative Calendar under General Orders. Calendar No. 700.
Text: Latest bill text (Introduced) [PDF]

Continuing Chemical Facilities Antiterrorism Security Act of 2010 - Amends the Department of Homeland Security Appropriations Act, 2007 to extend for three years (until October 4, 2013) the authority of the the Secretary of Homeland Security (DHS) to issue regulations establishing risk-based performance standards for the security of chemical facilities that require vulnerability assessments and the development and implementation of site security plans (Chemical Facility Anti-Terrorism Standards or CFATS). Amends the Homeland Security Act of 2002 (HSA) to require the Secretary, acting through the Administrator of the Federal Emergency Management Agency (FEMA) in coordination with the Under Secretary for National Protection and Programs, to: (1) establish a voluntary chemical security training program to enhance the capabilities of high-risk chemical facilities to prevent, prepare for, respond to, mitigate against, and recover from threatened or actual acts of terrorism, natural disasters, and other man-made disasters; and (2) develop a voluntary chemical security exercise program to offer voluntary testing and evaluation of the capabilities of the federal government, state governments, commercial personnel and management, governmental and nongovernmental emergency response providers, and the private sector to prevent, prepare for, mitigate against, respond to, and recover from acts of terrorism, natural disasters, and other emergencies at chemical facilities. Directs the Secretary, acting through the Assistant Secretary for Infrastructure Protection in coordination with the Under Secretary for Science and Technology, to establish a voluntary technical assistance program to provide nonbinding assistance or recommendations to the owner of a covered chemical facility to: (1) reduce the risk or consequences associated with a successful terrorist attack on the facility; and (2) aid in compliance with the performance standards applicable to the facility under CFATS. Provides that the decision to participate or to implement any assistance or recommendations provided by the Secretary shall be at the sole discretion of the owner or operator. Requires the Secretary, upon request, to advise such owner or operator of the overall effect that implementing all categories of assistance or recommendations provided by the Secretary would have on the Secretary's determination regarding: (1) the placement of the facility in a risk-based tier under CFATS, or (2) whether the facility would no longer present a high level of security risk. Provides that no act or failure to act by the owner or operator relating to assistance or a recommendation provided by the Secretary shall be interpreted or applied to create any liability or cause of action for compensation that may result from a terrorist act or incident at the facility, with an exception for intervening acts or omissions. Directs the Secretary to develop a repository for information and data on best practices and cost-effective technologies for implementing CFATS and the voluntary technical assistance program. Provides for the protection of information that may reveal: (1) vulnerabilities or other details of the security capabilities of a covered facility that may be exploited by terrorists, and (2) trade secrets or commercial or financial information that is not customarily in the public domain. Directs the Secretary, by October 4, 2013, in coordination with a nine-member Chemical Facility Security Advisory Board established by this Act, to submit a report regarding lessons learned from the voluntary technical assistance program.

Continuing Chemical Facilities Antiterrorism Security Act of 2010

Rep. Yvette Clarke [D-NY]	Rep. Maurice Hinchey [D-NY]	Rep. Sheila Jackson-Lee [D-TX]	Rep. Carolyn Maloney [D-NY]
Sen. Edward Markey [D-MA]	Rep. Eleanor Norton [D-DC]	Rep. Bill Pascrell [D-NJ]	Rep. Bennie Thompson [D-MS]
Rep. Henry Waxman [D-CA]

Date	Chamber	Action
2010-12-16		Placed on Senate Legislative Calendar under General Orders. Calendar No. 700.
2010-12-16		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.
2010-07-28		Committee on Homeland Security and Governmental Affairs. Ordered to be reported with an amendment in the nature of a substitute favorably.
2010-03-03		Committee on Homeland Security and Governmental Affairs. Hearings held.
2009-11-09		Received in the Senate and Read twice and referred to the Committee on Homeland Security and Governmental Affairs.
2009-11-06		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.
2009-11-06		The title of the measure was amended. Agreed to without objection.
2009-11-06		Motion to reconsider laid on the table Agreed to without objection.
2009-11-06		On passage Passed by recorded vote: 230 - 193 (Roll no. 875).
2009-11-06		On motion to recommit with instructions Failed by recorded vote: 189 - 236 (Roll no. 874). (consideration: CR H12534)
2009-11-06		The previous question on the motion to recommit with instructions was ordered without objection. (consideration: CR H12534)
2009-11-06		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.
2009-11-06		Mr. Dent moved to recommit with instructions to Homeland Security. (consideration: CR H12533-12534; text: CR H12533)
2009-11-06		The House adopted the amendment as agreed to by the Committee of the Whole House on the state of the Union. (text: CR H12498-12515)
2009-11-06		The House rose from the Committee of the Whole House on the state of the Union to report H.R. 2868.
2009-11-06		H.AMDT.506 On agreeing to the McCaul amendment (A008) Failed by recorded vote: 196 - 232 (Roll no. 873).
2009-11-06		H.AMDT.503 On agreeing to the Dent amendment (A005) Failed by recorded vote: 193 - 236 (Roll no. 872).
2009-11-06		H.AMDT.502 On agreeing to the Dent amendment (A004) Failed by recorded vote: 186 - 241 (Roll no. 871).
2009-11-06		H.AMDT.500 On agreeing to the Barton (TX) amendment (A002) Failed by recorded vote: 165 - 262 (Roll no. 870).
2009-11-06		H.AMDT.499 On agreeing to the Thompson (MS) amendment (A001) Agreed to by recorded vote: 253 - 168 (Roll no. 869).
2009-11-06		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.
2009-11-06		H.AMDT.508 On agreeing to the Foster amendment (A010) Agreed to by voice vote.
2009-11-06		DEBATE - Pursuant to the provisions of H.Res. 885, the Committee of the Whole proceeded with 10 minutes of debate on the Foster amendment.
2009-11-06		H.AMDT.508 Amendment (A010) offered by Mr. Foster. (consideration: CR H12528-12529; text: CR H12528)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.
2009-11-06		H.AMDT.507 On agreeing to the Halvorson amendment (A009) Agreed to by voice vote.
2009-11-06		DEBATE - Pursuant to the provisions of H.Res. 885, the Committee of the Whole proceeded with 10 minutes of debate on the Halvorson amendment.
2009-11-06		H.AMDT.507 Amendment (A009) offered by Mrs. Halvorson. (consideration: CR H12527-12528; text: CR H12527)Amendment permits the Secretary to provide guidance, tools, methodologies, or software to assist small covered chemical facilities in complying with the security requirements.
2009-11-06		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.
2009-11-06		DEBATE - Pursuant to the provisions of H.Res. 885, the Committee of the Whole proceeded with 10 minutes of debate on the McCaul amendment.
2009-11-06		H.AMDT.506 Amendment (A008) offered by Mr. McCaul. (consideration: CR H12526-12527, H12532; text: CR H12526)Amendment sought to strike the citizen enforcement section of the bill.
2009-11-06		H.AMDT.505 On agreeing to the Schrader amendment (A007) Agreed to by voice vote.
2009-11-06		DEBATE - Pursuant to the provisions of H.Res. 885, the Committee of the Whole proceeded with 10 minutes of debate on the Schrader amendment.
2009-11-06		H.AMDT.505 Amendment (A007) offered by Mr. Schrader. (consideration: CR H12525-12526; text: CR H12525)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.
2009-11-06		H.AMDT.504 On agreeing to the Flake amendment (A006) Agreed to by voice vote.
2009-11-06		DEBATE - Pursuant to the provisions of H.Res. 885, the Committee of the Whole proceeded with 10 minutes of debate on the Flake amendment.
2009-11-06		H.AMDT.504 Amendment (A006) offered by Mr. Flake. (consideration: CR H12524-12525; text: CR H12524)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.
2009-11-06		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.
2009-11-06		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.
2009-11-06		H.AMDT.503 Amendment (A005) offered by Mr. Dent. (consideration: CR H12522-12524, H12531-12532; text: CR H12522)Amendment sought to strike section 2111, which requires assessments and implementation of methods to reduce the consequences of a terrorist attack.
2009-11-06		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.
2009-11-06		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.
2009-11-06		H.AMDT.502 Amendment (A004) offered by Mr. Dent. (consideration: CR H12520-12522, H12530-12531; text: CR H12520)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.
2009-11-06		H.AMDT.501 On agreeing to the Hastings (FL) amendment (A003) Agreed to by voice vote.
2009-11-06		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.
2009-11-06		H.AMDT.501 Amendment (A003) offered by Mr. Hastings (FL). (consideration: CR H12519-12520; text: CR H12519)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.
2009-11-06		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.
2009-11-06		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.
2009-11-06		H.AMDT.500 Amendment (A002) offered by Mr. Barton (TX). (consideration: CR H12517-12519, H12530; text: CR H12517)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".
2009-11-06		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.
2009-11-06		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.
2009-11-06		H.AMDT.499 Amendment (A001) offered by Mr. Thompson (MS). (consideration: CR H12515-12517, H12529-12530; text: CR H12515-12516)Amendment makes a number of technical and conforming corrections.
2009-11-06		The House resolved into Committee of the Whole House on the state of the Union for further consideration.
2009-11-06		Considered as unfinished business. (consideration: CR H12498-12535)
2009-11-05		Committee of the Whole House on the state of the Union rises leaving H.R. 2868 as unfinished business.
2009-11-05		On motion that the Committee rise Agreed to by voice vote.
2009-11-05		Ms. Johnson, E. B. moved that the Committee rise.
2009-11-05		GENERAL DEBATE - The Committee of the Whole proceeded with ninety minutes of general debate on H. R. 2868.
2009-11-05		The Speaker designated the Honorable Jay Inslee to act as Chairman of the Committee.
2009-11-05		House resolved itself into the Committee of the Whole House on the state of the Union pursuant to H. Res. 885 and Rule XVIII.
2009-11-05		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.
2009-11-05		Considered under the provisions of rule H. Res. 885. (consideration: CR H12407-12426)
2009-11-05		Rule H. Res. 885 passed House.
2009-11-03		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.
2009-10-23		Placed on the Union Calendar, Calendar No. 178.
2009-10-23		Committee on Judiciary discharged.
2009-10-23		Reported (Amended) by the Committee on Energy and Commerce. H. Rept. 111-205, Part II.
2009-10-21		Ordered to be Reported (Amended) by the Yeas and Nays: 29 - 18.
2009-10-21		Committee Consideration and Mark-up Session Held.
2009-10-14		Forwarded by Subcommittee to Full Committee (Amended) by the Yeas and Nays: 18 - 10 .
2009-10-14		Subcommittee Consideration and Mark-up Session Held.
2009-10-01		Subcommittee Hearings Held.
2009-09-30		House Committee on Judiciary Granted an extension for further consideration ending not later than Oct. 23, 2009.
2009-09-30		House Committee on Energy and Commerce Granted an extension for further consideration ending not later than Oct. 23, 2009.
2009-07-31		House Committee on Judiciary Granted an extension for further consideration ending not later than Sept. 30, 2009.
2009-07-31		House Committee on Energy and Commerce Granted an extension for further consideration ending not later than Sept. 30, 2009.
2009-07-13		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.
2009-07-13		House Committee on Energy and Commerce Granted an extension for further consideration ending not later than July 31, 2009.
2009-07-13		Reported (Amended) by the Committee on Homeland Security. H. Rept. 111-205, Part I.
2009-06-23		Ordered to be Reported (Amended) by Voice Vote.
2009-06-23		Committee Consideration and Mark-up Session Held.
2009-06-16		Referred to the Subcommittee on Energy and Environment.
2009-06-16		Committee Hearings Held.
2009-06-15		Referred to House Energy and Commerce
2009-06-15		Referred to House Homeland Security
2009-06-15		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.

HR885 (Related) 2009-11-05 - Motion to reconsider laid on the table Agreed to without objection.
SB3599 (Related) 2010-07-15 - Read twice and referred to the Committee on Homeland Security and Governmental Affairs.

Type	Source
Summary	https://www.congress.gov/bill/111th-congress/house-bill/2868/all-info
Text	https://www.congress.gov/111/bills/hr2868/BILLS-111hr2868ih.pdf
Text	https://www.congress.gov/111/bills/hr2868/BILLS-111hr2868rh.pdf
Text	https://www.congress.gov/111/bills/hr2868/BILLS-111hr2868eh.pdf
Text	https://www.congress.gov/111/bills/hr2868/BILLS-111hr2868rs.pdf