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HR 2868 111th Congress House 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

Chemical and Water Security Act of 2009

Introduced: June 15, 2009 Introduced by: Thompson, Bennie G. Democratic · Mississippi See on congress.gov
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This bill died when the 111th Congress ended
It never became law before the 111th Congress (2009–2010) adjourned, and bills don't carry over to the next Congress. It would have to be reintroduced. You can still save it for reference, but it won't receive updates.
 Everywhere this bill has been 49 steps
Introduced
In committee
Reported out
Passed House
Passed Senate
To President
Became law
Dec 16, 2010
Placed on Senate Legislative Calendar under General Orders. Calendar No. 700.
Dec 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.
Jul 28, 2010
Committee on Homeland Security and Governmental Affairs. Ordered to be reported with an amendment in the nature of a substitute favorably.
Mar 3, 2010
Committee on Homeland Security and Governmental Affairs. Hearings held.
Nov 9, 2009
Received in the Senate and Read twice and referred to the Committee on Homeland Security and Governmental Affairs.
Nov 6, 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.
Nov 6, 2009
The title of the measure was amended. Agreed to without objection.
Nov 6, 2009
Motion to reconsider laid on the table Agreed to without objection.
Nov 6, 2009
On passage Passed by recorded vote: 230 - 193 (Roll no. 875).
Nov 6, 2009
On motion to recommit with instructions Failed by recorded vote: 189 - 236 (Roll no. 874). (consideration: CR H12534)
Nov 6, 2009
The previous question on the motion to recommit with instructions was ordered without objection. (consideration: CR H12534)
Nov 6, 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.
Nov 6, 2009
Mr. Dent moved to recommit with instructions to Homeland Security. (consideration: CR H12533-12534; text: CR H12533)
Nov 6, 2009
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)
Nov 6, 2009
The House rose from the Committee of the Whole House on the state of the Union to report H.R. 2868.
Nov 6, 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.
Nov 6, 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.
Nov 6, 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.
Nov 6, 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.
Nov 6, 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.
Nov 6, 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.
Nov 6, 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.
Nov 6, 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.
Nov 6, 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.
Nov 6, 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.
Nov 6, 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.
Nov 6, 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.
Nov 6, 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.
Nov 6, 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.
Nov 6, 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.
Nov 6, 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.
Nov 6, 2009
The House resolved into Committee of the Whole House on the state of the Union for further consideration.
Nov 6, 2009
Considered as unfinished business. (consideration: CR H12498-12535)
Nov 5, 2009
Committee of the Whole House on the state of the Union rises leaving H.R. 2868 as unfinished business.
Nov 5, 2009
On motion that the Committee rise Agreed to by voice vote.
Nov 5, 2009
Ms. Johnson, E. B. moved that the Committee rise.
Nov 5, 2009
GENERAL DEBATE - The Committee of the Whole proceeded with ninety minutes of general debate on H. R. 2868.
Nov 5, 2009
The Speaker designated the Honorable Jay Inslee to act as Chairman of the Committee.
Nov 5, 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.
Nov 5, 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.
Nov 5, 2009
Considered under the provisions of rule H. Res. 885. (consideration: CR H12407-12426)
Nov 5, 2009
Rule H. Res. 885 passed House.
Nov 3, 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.
Oct 23, 2009
Placed on the Union Calendar, Calendar No. 178.
Oct 23, 2009
Committee on Judiciary discharged.
Oct 23, 2009
Reported (Amended) by the Committee on Energy and Commerce. H. Rept. 111-205, Part II.
Oct 21, 2009
Ordered to be Reported (Amended) by the Yeas and Nays: 29 - 18.
Oct 21, 2009
Committee Consideration and Mark-up Session Held.
Oct 14, 2009
Forwarded by Subcommittee to Full Committee (Amended) by the Yeas and Nays: 18 - 10 .
 Votes taken on this bill 2
DateChamberWhat was voted onResultYes–No
Nov 6, 2009 House · vote #875 On Passage Passed 230–193 See who voted →
Nov 6, 2009 House · vote #874 On Motion to Recommit with Instructions Failed 189–236 See who voted →
 Amendments to this bill 10

Amendments propose changes to this bill. Members vote on amendments separately before the final bill vote. An agreed amendment becomes part of the bill; a failed amendment does not.

6 agreed to 4 failed

AmendmentSponsorPurposeStatusLatest action
HAMDT 508 Foster, Bill An amendment numbered 10 printed in Part B of House Report 111-327 to direct the Secretary to establish appro… Agreed to Nov 6, 2009
HAMDT 507 — An amendment numbered 9 printed in Part B of House Report 111-327 to permit the Secretary to provide guidance… Agreed to Nov 6, 2009
HAMDT 506 McCaul, Michael T. An amendment numbered 8 printed in Part B of House Report 111-327 to strike the citizen enforcement section o… Failed Nov 6, 2009
HAMDT 505 — An amendment numbered 7 printed in Part B of House Report 111-327 to require DHS to conduct a study on the sc… Agreed to Nov 6, 2009
HAMDT 504 — An amendment numbered 6 printed in Part B of House Report 111-327 to prevent earmarking in a new grant progra… Agreed to Nov 6, 2009
HAMDT 503 — An amendment numbered 5 printed in Part B of House Report 111-327 to strike section 2111, which requires asse… Failed Nov 6, 2009
HAMDT 502 — An amendment numbered 4 printed in Part B of House Report 111-327 to strike Title I, affecting chemical facil… Failed Nov 6, 2009
HAMDT 501 — An amendment numbered 3 printed in Part B of House Report 111-327 to establish a point of contact within the … Agreed to Nov 6, 2009
HAMDT 500 — An amendment numbered 2 printed Part B of House Report 111-327 to place provisions in the bill allowing the n… Failed Nov 6, 2009
HAMDT 499 Thompson, Bennie G. An amendment numbered 1 printed in Part B of House Report 111-327 to amend the Amendment in the Nature of a S… Agreed to Nov 6, 2009
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 Plain-English summary Congressional Research Service

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.

What's happening now December 16, 2010

Placed on Senate Legislative Calendar under General Orders. Calendar No. 700.

 Related & companion bills 2
  • S 3599 Related bill Secure Chemical Facilities Act
  • HRES 885 Procedurally related Providing for consideration of the bill (H.R. 2868) to amend the Homeland Security Act of 2002 to extend, modify, and r…
 Bill text 5 versions

Source documents hosted by congress.gov.

 Committees of jurisdiction 5
 Cosponsors 3
All 3 Democratic 3
D
Norton, Eleanor Holmes
District of Columbia · Jun 25, 2009
 D
Clarke, Yvette D.
New York · Jun 15, 2009
 D
Markey, Edward J.
Massachusetts · Jun 15, 2009
Cite this page click to expand
APA
U.S. Congress. (2026). H.R. 2868: Continuing Chemical Facilities Antiterrorism Security Act of 2010. 111th Congress. Open America. https://openamerica.io/bill/111-HR-2868/
MLA
"H.R. 2868: Continuing Chemical Facilities Antiterrorism Security Act of 2010." 111th Congress, 2026, Open America, https://openamerica.io/bill/111-HR-2868/.
Bluebook (legal)
H.R. 2868, 111th Cong. (2026), https://openamerica.io/bill/111-HR-2868/.
Markdown link
[H.R. 2868: Continuing Chemical Facilities Antiterrorism Security Act of 2010](https://openamerica.io/bill/111-HR-2868/)
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