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Legislation Details
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'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.
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: 111
State: Federal
Chamber: House
Bill Number: H.R. 2868
Sponsor:
Rep. Bennie Thompson (D-MS)
Last Sponsor Date: Oct. 07, 2009
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Official Title as Introduced: '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.
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| Summary |
Sponsors |
Activity |
Amendments |
Committees |
This summary has been edited for length
7/13/2009--Reported to House amended, Part I. (There is 1 other summary)
Chemical Facility Anti-Terrorism Act of 2009 - Amends the Homeland Security Act of 2002 to set forth provisions governing the regulation of security practices at chemical facilities.
Authorizes the Secretary of Homeland Security (DHS) to designate any chemical substance as a substance of concern and establish the threshold quantity for each such substance after considering the potential extent of death, injury, and serious adverse effects that could result from a chemical facility terrorist incident.
Directs the Secretary to: (1) maintain a list of covered chemical facilities that are of sufficient security risk; (2) assign each covered facility to one of four risk-based tiers; (3) establish standards and procedures for security vulnerability assessments and site security plans; (4) require each facility owner or operator to submit and, once approved, implement such an assessment and plan; (5) establish risk-based chemical security performance standards for site security plans; (6) establish modified or separate standards, protocols, and procedures for security vulnerability assessments and site security plans for covered chemical facilities that are also academic laboratories; and (7) establish a program to award grants to eligible entities to provide for training and education of specified chemical facility employees (covered individuals), first responders, and emergency response providers.
Permits the Secretary, under specified circumstances, to: (1) accept an alternate security program submitted by the owner or operator of the facility; (2) conduct facility security inspections; and (3) obtain access to and copy records.
Requires: (1) the timely sharing of threat information; and (2) the Secretary to provide information to the public regarding a process by which individuals may report problems, deficiencies, or vulnerabilities at a covered facility associated with the risk of a terrorist incident. Establishes whistleblower protections for facility employees who report violations. Provides penalties for violations of whistleblower protections.
Sets forth provisions that: (1) preclude preemption of states' rights to adopt or enforce more stringent regulations or standards; and (2) prohibit the public disclosure of protected information, subject to specified limitations.
Requires the owner or operator of a covered chemical facility to include in the site security plan an assessment of methods to reduce the consequences of a terrorist attack on that facility.
Directs the Secretary to report to the House Homeland Security Committee regarding exempting small business concerns from security requirements.
Establishes in the Department of Homeland Security (DHS) an Office of Chemical Facility Security.
Directs the Secretary to issue regulations to require covered chemical facilities to conduct appropriate security background checks and ensure appropriate credentials for unescorted visitors and chemical facility personnel. Requires an owner or operator of a facility who finds that a covered individual is not legally authorized to work in the United States to cease to employ that individual, subject to a specified redress process.
Authorizes civil actions by any individuals alleging violations of this Act.
Requires annual (and after four years, biennial) reports to Congress on progress in achieving compliance with this Act. Authorizes appropriations.
Directs the Secretary to establish a notification system that provides any individual the ability to report a suspected security deficiency or noncompliance with this Act, including by telephonic and Internet-based means. Requires the Secretary and the Inspector General for DHS, respectively, to take specified actions to address deficiencies and to report to specified congressional committees.
Requires the Secretary to review the designation ...
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| Sponsor/Co-sponsor(s) 9 |
| Jun. 15, 2009 |
Rep. Sheila Jackson Lee (D-TX) |
| Jun. 15, 2009 |
Rep. Yvette Clarke (D-NY) |
| Oct. 07, 2009 |
Rep. Carolyn Maloney (D-NY) |
| Oct. 06, 2009 |
Rep. Maurice Hinchey (D-NY) |
| Jun. 15, 2009 |
Rep. Bill Pascrell (D-NJ) |
| Jun. 15, 2009 |
Rep. Bennie Thompson (D-MS) |
| Jun. 15, 2009 |
Rep. Edward Markey (D-MA) |
| Jun. 25, 2009 |
Rep. Eleanor Holmes Norton (D-DC) |
| Jun. 15, 2009 |
Rep. Henry Waxman (D-CA) |
| Jun. 15, 2009 |
Referred to House Energy and Commerce
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| Jun. 15, 2009 |
Referred to House Homeland Security
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| Jun. 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.
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| Jun. 16, 2009 |
Committee Hearings Held.
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| Jun. 23, 2009 |
Committee Consideration and Mark-up Session Held.
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| Jun. 23, 2009 |
Ordered to be Reported (Amended) by the Yeas and Nays: 18 - 11.
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| Jul. 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.
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| Jul. 13, 2009 |
Reported (Amended) by the Committee on Homeland Security. H. Rept. 111-205, Part I.
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| Jul. 13, 2009 |
House Committee on Energy and Commerce Granted an extension for further consideration ending not later than July 31, 2009.
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| Jul. 31, 2009 |
House Committee on Energy and Commerce Granted an extension for further consideration ending not later than Sept. 30, 2009.
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| Jul. 31, 2009 |
House Committee on Judiciary Granted an extension for further consideration ending not later than Sept. 30, 2009.
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| Sep. 30, 2009 |
House Committee on Energy and Commerce Granted an extension for further consideration ending not later than Oct. 23, 2009.
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| Sep. 30, 2009 |
House Committee on Judiciary Granted an extension for further consideration ending not later than Oct. 23, 2009.
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| Oct. 01, 2009 |
Subcommittee Hearings Held.
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| Oct. 14, 2009 |
Forwarded by Subcommittee to Full Committee (Amended) by the Yeas and Nays: 18 - 10 .
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| Oct. 14, 2009 |
Subcommittee Consideration and Mark-up Session Held.
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| Oct. 23, 2009 |
Reported (Amended) by the Committee on Energy and Commerce. H. Rept. 111-205, Part II.
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| Oct. 23, 2009 |
Committee on Judiciary discharged.
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| Oct. 23, 2009 |
Placed on the Union Calendar, Calendar No. 178.
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| Nov. 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 |
| Nov. 05, 2009 |
Rule H. Res. 885 passed House.
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| Nov. 05, 2009 |
Considered under the provisions of rule H. Res. 885.
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| Nov. 05, 2009 |
The Speaker designated the Honorable Jay Inslee to act as Chairman of the Committee.
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| Nov. 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 reco |
| Nov. 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.
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| Nov. 05, 2009 |
GENERAL DEBATE - The Committee of the Whole proceeded with ninety minutes of general debate on H. R. 2868.
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| Nov. 05, 2009 |
Committee of the Whole House on the state of the Union rises leaving H.R. 2868 as unfinished business.
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| Nov. 05, 2009 |
On motion that the Committee rise Agreed to by voice vote.
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| Nov. 05, 2009 |
Ms. Johnson, E. B. moved that the Committee rise.
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| Nov. 06, 2009 |
Considered as unfinished business.
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| Nov. 06, 2009 |
The House resolved into Committee of the Whole House on the state of the Union for further consideration.
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| Nov. 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.
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| Nov. 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.
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| Nov. 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.
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| Nov. 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.
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| Nov. 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.
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| Nov. 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.
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| Nov. 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.
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| Nov. 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.
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| Nov. 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.
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| Nov. 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.
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| Nov. 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.
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| Nov. 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.
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| Nov. 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.
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| Nov. 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.
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| Nov. 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.
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| Nov. 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.
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| Nov. 06, 2009 |
The House adopted the amendment as agreed to by the Committee of the Whole House on the state of the Union.
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| Nov. 06, 2009 |
The House rose from the Committee of the Whole House on the state of the Union to report H.R. 2868.
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| Nov. 06, 2009 |
Mr. Dent moved to recommit with instructions to Homeland Security.
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| Nov. 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 |
| Nov. 06, 2009 |
The previous question on the motion to recommit with instructions was ordered without objection.
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| Nov. 06, 2009 |
On motion to recommit with instructions Failed by recorded vote: 189 - 236 (Roll no. 874).
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| Nov. 06, 2009 |
Motion to reconsider laid on the table Agreed to without objection.
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| Nov. 06, 2009 |
The title of the measure was amended. Agreed to without objection.
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| Nov. 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.
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| Nov. 06, 2009 |
On passage Passed by recorded vote: 230 - 193 (Roll no. 875).
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| Nov. 09, 2009 |
Received in the Senate and Read twice and referred to the Committee on Homeland Security and Governmental Affairs.
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| H.AMDT.499 |
| H.AMDT.500 |
| H.AMDT.501 |
| H.AMDT.502 |
| H.AMDT.503 |
| H.AMDT.504 |
| H.AMDT.505 |
| H.AMDT.506 |
| H.AMDT.507 |
| H.AMDT.508 |
| Referral, In Committee |
Energy and Commerce |
| Referral, In Committee |
Homeland Security |
| Referral, In Committee |
Judiciary |
| Referral, In Committee |
Homeland Security and Governmental Affairs |
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