H. Res. 885: H.R. 2868 - Chemical Facility Anti-Terrorism Act of 2009

COMMITTEE ACTION: REPORTED BY A VOICE VOTE on Tuesday November  3, 2009.
FLOOR ACTION: ADOPTED BY A RECORD VOTE OF 233-182 AFTER AGREEING TO THE PREVIOUS QUESTION BY A RECORD VOTE OF 241-180 on Thursday, November 5, 2009.

MANAGERS: Hastings/Diaz-Balart

111th Congress 
1st Session

H.RES 885

[Report No. 111-327]

 

 

H.R. 2868 - Chemical Facility Anti-Terrorism Act of 2009

1.

Structured rule. 

2.

Provides 90 minutes of general debate equally divided among and controlled by the chair and ranking minority member of the Committee on Homeland Security, the chair and ranking minority member of the Committee on Energy and Commerce, and the chair and ranking minority member of the Committee on Transportation and Infrastructure.

3.

Waives all points of order against consideration of the bill except those arising under clause 9 or 10 of rule XXI.

4.

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 Rules Committee report accompanying this resolution shall be considered as an original bill for the purpose of amendment and shall be considered as read.

5.

Waives all points of order against the amendment in the nature of a substitute except those arising under clause 10 of rule XXI. This waiver does not affect the point of order available under clause 9 of rule XXI (regarding earmark disclosure).

6.

Makes in order only those amendments printed in part B of the Rules Committee report accompanying the resolution.  Each amendment made in order may be offered only in the order printed in the report, may be offered only by a Member designated in the report, shall be considered as read, shall be debatable for the time specified in the report equally divided and controlled by the proponent and an opponent, shall not be subject to amendment, and shall not be subject to a demand for division of the question.

7.

Waives all points of order against the amendments printed in part B of the report except for clauses 9 and 10 of rule XXI.

8.

Provides one motion to recommit with or without instructions.

9.

Provides that the Chair may entertain a motion that the Committee rise only if offered by the chair of the Committee on Homeland Security or a designee.

10.

Provides that the Chair may not entertain a motion to strike out the enacting words of the bill.

11.

Provides that measures may be considered under suspension of the rules at any time through Saturday, November 7, 2009.

 

RESOLUTION

 

Resolved, That at any time after the adoption of this resolution the Speaker may, pursuant to clause 2(b) of rule XVIII, declare the House resolved into the Committee of the Whole House on the state of the Union 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. The first reading of the bill shall be dispensed with. All points of order against consideration of the bill are waived except those arising under clause 9 or 10 of rule XXI. General debate shall be confined to the bill and shall not exceed 90 minutes equally divided among and controlled by the chair and ranking minority member of the Committee on Homeland Security, the chair and ranking minority member of the Committee on Energy and Commerce, and the chair and ranking minority member of the Committee on Transportation and Infrastructure. After general debate the bill shall be considered for amendment under the five-minute rule. 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, it shall be in order to consider as an original bill for the purpose of amendment under the five-minute rule the amendment in the nature of a substitute printed in part A of the report of the Committee on Rules accompanying this resolution. That amendment in the nature of a substitute shall be considered as read. All points of order against that amendment in the nature of a substitute are waived except those arising under clause 10 of rule XXI. Notwithstanding clause 11 of rule XVIII, no amendment to that amendment in the nature of a substitute shall be in order except those printed in part B of the report of the Committee on Rules. Each amendment may be offered only in the order printed in the report, may be offered only by a Member designated in the report, shall be considered as read, shall be debatable for the time specified in the report equally divided and controlled by the proponent and an opponent, shall not be subject to amendment, and shall not be subject to a demand for division of the question. All points of order against such amendments are waived except those arising under clause 9 or 10 of rule XXI. At the conclusion of consideration of the bill for amendment the Committee shall rise and report the bill to the House with such amendments as may have been adopted. The previous question shall be considered as ordered on the bill and amendments thereto to final passage without intervening motion except one motion to recommit with or without instructions.

Sec. 2. The Chair may entertain a motion that the Committee rise only if offered by the chair of the Committee on Homeland Security or his designee. The Chair may not entertain a motion to strike out the enacting words of the bill (as described in clause 9 of rule XVIII).

Sec. 3. It shall be in order at any time through the legislative day of November 7, 2009, for the Speaker to entertain motions that the House suspend the rules. The Speaker or her designee shall consult with the Minority Leader or his designee on the designation of any matter for consideration pursuant to this section.

 

 

SUMMARY OF AMENDMENT IN THE NATURE OF A SUBSTITUTE IN PART A PROPOSED TO BE CONSIDERED AS AN ORIGINAL BILL FOR THE PURPOSE OF AMENDMENT

 

Description

 Text of the Amendment

The Amendment in the Nature of a Substitute would rename the “Chemical Facility Anti-Terrorism Act” the “Chemical and Water Security Act of 2009.” This bill reauthorizes the Department of Homeland Security’s (DHS) authority to implement and enforce the Chemical Facility Anti-Terrorism Standards (CFATS), which are currently set to expire in October 2010, and improves these standards in a number of ways (Title I). It also requires the Environmental Protection Agency (EPA) to establish parallel security programs for drinking water (Title II) and wastewater facilities (Title III).

Title I codifies the risk-based performance-based approach to securing chemicals that DHS has administered since 2007 and includes provisions to ensure seamless transition from the current DHS regulations. Under this Title, facilities are regulated by DHS based upon several factors, including the threats posed to them; their vulnerabilities; and the consequences that would follow from an attack on them. In addition to harmonizing statutory authority with the current regulations, the amendment enhances the regulations by including language to address: methods to reduce the consequences of a terrorist act through inherently safer technologies (IST); the impact on small business and agricultural facilities; citizen enforcement; background checks; disallowing preemption of state laws; protection of information; port facilities; and whistleblower protections. Title I authorizes $325 million for FY2011; $300 million for FY 2012; and $275 million for 2013.

Title II, the Drinking Water System Security Act of 2009, replaces section 1433 of the Safe Drinking Water Act. This title requires the EPA Administrator to establish risk-based performance standards for community water systems serving more than 3,300 people and other exceptional public water systems that the EPA Administrator determines, in her discretion, pose a security risk. Key provisions include: risk-based, performance-based tiering and standards; consultation with States and DHS; security vulnerability assessments and site security plans; methods to reduce the consequences of an intentional act (IST); employee participation in developing security vulnerability assessments and site security plans; protection of information; and disallowing preemption of state laws. Title II authorizes $315 million for FY2011 and such sums as may be necessary for FY2012 through FY2015.

Title III amends the Federal Water Pollution Control Act (the “Clean Water Act”) to enhance the security of operations at wastewater treatment works from intentional acts that may substantially disrupt the ability of the facility to safely and reliably operate, or have a substantial adverse impact on, critical infrastructure, public health or safety, or the environment. This Title preserves the historic regulatory oversight of sewage treatment facilities by the EPA and ensures that security regulations appropriately balance water quality and security goals. By charging EPA with security in the water sector, this Act ensures seamless security-related requirements for public utilities with both wastewater and drinking water responsibilities. Key provisions include: significant Federal resources to enhance the security of public sewage treatment facilities; vulnerability assessments, site security plans, and emergency response plans for treatment works; risk-based evaluation of treatment works; methods to reduce the consequences of a terrorist act through IST; security-related audits and inspections, whistleblower protections, and protection of security-related information; and disallowing preemption of state laws. Title III authorizes $200 million for each of fiscal years 2010 through 2014.

SUMMARY OF AMENDMENTS IN PART B PROPOSED TO BE MADE IN ORDER

(summaries derived from information provided by sponsors)

Sponsor

#

Description

Debate Time

1. Thompson, Bennie (MS)

#12

(REVISED) The Thompson amendment to the Amendment in the Nature of a Substitute for H.R. 2868 makes a number of technical corrections and fixes typos and verbiage issues.

(10 minutes)

2. Barton (TX)

#14

Would place provisions in the bill allowing 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".

(10 minutes)

3. Hastings, Alcee (FL)

#10

(REVISED) Would establish a point of contact within the Office of Chemical Facility Security responsible for interagency coordination. Would require the Secretary to liaise with State Emergency Response Commissions and Local Emergency Planning Committees to update emergency planning and training procedures.

(10 minutes)

4. Dent (PA), Olson (TX)

#4

The amendment would 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.

(10 minutes)

5. Dent (PA)

#5

The amendment would strike section 2111, which requires assessments and implementation of methods to reduce the consequences of a terrorist attack.

(10 minutes)

6. Flake, Jeff (AZ)

#3

(REVISED) Would prevent earmarking in a new grant program established in the bill, and would clarify that Congress presumes that grants awarded through that program will be awarded on a competitive basis, and if they are not, require the Secretary to submit a report to Congress as to why not.

(10 minutes)

7. Schrader (OR), Kissell, Larry (NC)

#11

Would 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.

(10 minutes)

8. McCaul (TX)

#1

Would strike the citizen enforcement section of the bill.

(10 minutes)

9. Halvorson (IL)

#2

Would permit the Secretary to provide guidance, tools, methodologies, or software to assist small covered chemical facilities in complying with the security requirements.

(10 minutes)

10. Foster (IL), Luján (NM)

#8

The amendment would direct the Secretary to establish appropriate protocols and security procedures for covered chemical facilities that are also Universities and Academic labs, separate from commercial chemical facilities.

(10 minutes)