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

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. view all titles (9)

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All Bill Titles

  • Short: Chemical Facility Anti-Terrorism Act of 2009 as introduced.
  • Official: 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. as introduced.
  • Short: Chemical Facility Anti-Terrorism Act of 2009 as reported to house.
  • Official: 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. as amended by house.
  • Short: Chemical and Water Security Act of 2009 as passed house.
  • Short: Chemical Facility Anti-Terrorism Act of 2009 as passed house.
  • Short: Drinking Water System Security Act of 2009 as passed house.
  • Short: Wastewater Treatment Works Security Act of 2009 as passed house.
  • Official: 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. as introduced.

Bill's Views

  • Today: 37
  • Past Seven Days: 253
  • All-Time: 26,012
 
Introduced
 
House
Passed
 
Senate
Passes
 
President
Signs
 

 
06/14/09
 
11/06/09
 
 
 
 
 

Official Bill Text Comment on about 176 Pages
 

Latest Vote

Result: Passed - November 06, 2009

Roll call number 875 in the House

Question: On Passage: H R 2868 Chemical Facility Anti-Terrorism Act of 2009

Required percentage of 'Aye' votes: 1/2 (50%)
Percentage of 'aye' votes: 52%
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Democrats Voting 'Aye'

Neil Abercrombie
Rep. Gary Ackerman [D, NY-5]
John Adler
Rep. Jason Altmire [D, PA-4]
Rep. Robert Andrews [D, NJ-1]
Michael Arcuri
Rep. Joe Baca [D, CA-43]
Rep. Tammy Baldwin [D, WI-2]
Rep. John Barrow [D, GA-12]
Melissa Bean
Rep. Xavier Becerra [D, CA-31]
Rep. Shelley Berkley [D, NV-1]
Rep. Howard Berman [D, CA-28]
Rep. Sanford Bishop [D, GA-2]
Rep. Timothy Bishop [D, NY-1]
Rep. Earl Blumenauer [D, OR-3]
Rep. Leonard Boswell [D, IA-3]
Frederick Boucher
Allen Boyd
Rep. Robert Brady [D, PA-1]
Rep. Bruce Braley [D, IA-1]
Rep. Corrine Brown [D, FL-3]
Rep. George Butterfield [D, NC-1]
Rep. Lois Capps [D, CA-23]
Rep. Michael Capuano [D, MA-8]
Rep. Russ Carnahan [D, MO-3]
Christopher Carney
Rep. André Carson [D, IN-7]
Rep. Kathy Castor [D, FL-11]
Travis Childers
Rep. Judy Chu [D, CA-32]
Rep. Yvette Clarke [D, NY-11]
Rep. William Clay [D, MO-1]
Rep. James Clyburn [D, SC-6]
Rep. Steve Cohen [D, TN-9]
Rep. Gerald Connolly [D, VA-11]
Rep. John Conyers [D, MI-14]
Rep. Jim Cooper [D, TN-5]
Rep. Jerry Costello [D, IL-12]
Rep. Joe Courtney [D, CT-2]
Rep. Joseph Crowley [D, NY-7]
Rep. Henry Cuellar [D, TX-28]
Rep. Elijah Cummings [D, MD-7]
Kathleen Dahlkemper
Rep. Danny Davis [D, IL-7]
Rep. Susan Davis [D, CA-53]
Artur Davis
Rep. Peter DeFazio [D, OR-4]
Rep. Diana DeGette [D, CO-1]
William Delahunt
Rep. Rosa DeLauro [D, CT-3]
Rep. Norman Dicks [D, WA-6]
Rep. John Dingell [D, MI-15]
Rep. Lloyd Doggett [D, TX-25]
Rep. Joe Donnelly [D, IN-2]
Rep. Michael Doyle [D, PA-14]
Steve Driehaus
Thomas Edwards
Rep. Donna Edwards [D, MD-4]
Rep. Keith Ellison [D, MN-5]
Brad Ellsworth
Rep. Eliot Engel [D, NY-17]
Rep. Anna Eshoo [D, CA-14]
Bob Etheridge
Rep. Sam Farr [D, CA-17]
Rep. Chaka Fattah [D, PA-2]
Rep. Bob Filner [D, CA-51]
Bill Foster
Rep. Barney Frank [D, MA-4]
Rep. Marcia Fudge [D, OH-11]
Rep. John Garamendi [D, CA-10]
Rep. Gabrielle Giffords [D, AZ-8]
Rep. Charles Gonzalez [D, TX-20]
Barton Gordon
Alan Grayson
Rep. Raymond Green [D, TX-29]
Rep. Al Green [D, TX-9]
Rep. Raul Grijalva [D, AZ-7]
Rep. Luis Gutiérrez [D, IL-4]
John Hall
Rep. Jane Harman [D, CA-36]
Rep. Alcee Hastings [D, FL-23]
Rep. Martin Heinrich [D, NM-1]
Rep. Brian Higgins [D, NY-27]
Baron Hill
Rep. James Himes [D, CT-4]
Rep. Maurice Hinchey [D, NY-22]
Rep. Rubén Hinojosa [D, TX-15]
Rep. Mazie Hirono [D, HI-2]
Paul Hodes
Rep. Tim Holden [D, PA-17]
Rep. Rush Holt [D, NJ-12]
Rep. Michael Honda [D, CA-15]
Rep. Steny Hoyer [D, MD-5]
Rep. Jay Inslee [D, WA-1]
Rep. Steve Israel [D, NY-2]
Rep. Jesse Jackson [D, IL-2]
Rep. Sheila Jackson-Lee [D, TX-18]
Rep. Eddie Johnson [D, TX-30]
Rep. Henry Johnson [D, GA-4]
Steve Kagen
Paul Kanjorski
Rep. Marcy Kaptur [D, OH-9]
Patrick Kennedy
Rep. Dale Kildee [D, MI-5]
Carolyn Kilpatrick
Mary Jo Kilroy
Rep. Ronald Kind [D, WI-3]
Ann Kirkpatrick
Rep. Larry Kissell [D, NC-8]
Ron Klein
Suzanne Kosmas
Frank Kratovil
Rep. Dennis Kucinich [D, OH-10]
Rep. James Langevin [D, RI-2]
Rep. Rick Larsen [D, WA-2]
Rep. John Larson [D, CT-1]
Rep. Barbara Lee [D, CA-9]
Rep. Sander Levin [D, MI-12]
Rep. John Lewis [D, GA-5]
Rep. Daniel Lipinski [D, IL-3]
Rep. David Loebsack [D, IA-2]
Rep. Zoe Lofgren [D, CA-16]
Rep. Nita Lowey [D, NY-18]
Rep. Ben Luján [D, NM-3]
Rep. Stephen Lynch [D, MA-9]
Daniel Maffei
Rep. Carolyn Maloney [D, NY-14]
Rep. Edward Markey [D, MA-7]
Eric Massa
Rep. Jim Matheson [D, UT-2]
Rep. Doris Matsui [D, CA-5]
Rep. Carolyn McCarthy [D, NY-4]
Rep. Betty McCollum [D, MN-4]
Rep. James McGovern [D, MA-3]
Rep. Mike McIntyre [D, NC-7]
Michael McMahon
Rep. Jerry McNerney [D, CA-11]
Kendrick Meek
Rep. Gregory Meeks [D, NY-6]
Charles Melancon
Rep. Michael Michaud [D, ME-2]
Rep. George Miller [D, CA-7]
Rep. Bradley Miller [D, NC-13]
Harry Mitchell
Alan Mollohan
Dennis Moore
Rep. Gwen Moore [D, WI-4]
Rep. James Moran [D, VA-8]
Rep. Christopher Murphy [D, CT-5]
Scott Murphy
John Murtha
Rep. Jerrold Nadler [D, NY-8]
Rep. Grace Napolitano [D, CA-38]
Rep. Richard Neal [D, MA-2]
Glenn Nye
James Oberstar
David Obey
Rep. John Olver [D, MA-1]
Solomon Ortiz
Rep. William Owens [D, NY-23]
Rep. Frank Pallone [D, NJ-6]
Rep. William Pascrell [D, NJ-8]
Rep. Edward Pastor [D, AZ-4]
Rep. Donald Payne [D, NJ-10]
Rep. Ed Perlmutter [D, CO-7]
Rep. Gary Peters [D, MI-9]
Rep. Collin Peterson [D, MN-7]
Rep. Chellie Pingree [D, ME-1]
Rep. Jared Polis [D, CO-2]
Earl Pomeroy
Rep. David Price [D, NC-4]
Rep. Mike Quigley [D, IL-5]
Rep. Nick Rahall [D, WV-3]
Rep. Charles Rangel [D, NY-15]
Rep. Silvestre Reyes [D, TX-16]
Rep. Laura Richardson [D, CA-37]
Ciro Rodriguez
Rep. Steven Rothman [D, NJ-9]
Rep. Lucille Roybal-Allard [D, CA-34]
Rep. Dutch Ruppersberger [D, MD-2]
Rep. Bobby Rush [D, IL-1]
Rep. Timothy Ryan [D, OH-17]
John Salazar
Rep. Loretta Sanchez [D, CA-47]
Rep. John Sarbanes [D, MD-3]
Rep. Janice Schakowsky [D, IL-9]
Mark Schauer
Rep. Adam Schiff [D, CA-29]
Rep. Kurt Schrader [D, OR-5]
Rep. Allyson Schwartz [D, PA-13]
Rep. David Scott [D, GA-13]
Rep. Robert Scott [D, VA-3]
Rep. José Serrano [D, NY-16]
Joe Sestak
Carol Shea-Porter
Rep. Brad Sherman [D, CA-27]
Rep. Heath Shuler [D, NC-11]
Rep. Albio Sires [D, NJ-13]
Rep. Louise Slaughter [D, NY-28]
Rep. Adam Smith [D, WA-9]
Victor Snyder
Rep. Jackie Speier [D, CA-12]
John Spratt
Rep. Fortney Stark [D, CA-13]
Bart Stupak
Rep. Betty Sutton [D, OH-13]
John Tanner
Rep. Michael Thompson [D, CA-1]
Rep. Bennie Thompson [D, MS-2]
Rep. John Tierney [D, MA-6]
Dina Titus
Rep. Paul Tonko [D, NY-21]
Rep. Edolphus Towns [D, NY-10]
Rep. Niki Tsongas [D, MA-5]
Rep. Christopher Van Hollen [D, MD-8]
Rep. Nydia Velázquez [D, NY-12]
Rep. Peter Visclosky [D, IN-1]
Rep. Timothy Walz [D, MN-1]
Rep. Debbie Wasserman Schultz [D, FL-20]
Diane Watson
Rep. Melvin Watt [D, NC-12]
Rep. Henry Waxman [D, CA-30]
Rep. Anthony Weiner [D, NY-9]
Rep. Peter Welch [D, VT-0]
Robert Wexler
Charles Wilson
Rep. Lynn Woolsey [D, CA-6]
Rep. David Wu [D, OR-1]
Rep. John Yarmuth [D, KY-3]
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Republicans Voting 'Aye'

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Others Voting 'Aye'

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Others Voting 'Abstain'

 

Official Summary

11/6/2009--Passed House amended. Chemical and Water Security Act of 2009 - Title I: Chemical Facility Security - 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 facili
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Official Summary

11/6/2009--Passed House amended. Chemical and Water Security Act of 2009 - Title I: Chemical Facility Security - 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; and
(6) 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. Provides that a covered facility that has had its facility security plan approved under maritime transportation security plan provisions shall not be required to update or amend such plan to meet the requirements of this Act. Establishes a presumption that grants will be awarded using competitive procedures based on merit (otherwise requires the Secretary to report to Congress explaining why competitive procedures were not used). Prohibits the use of appropriated funds for congressional earmarks. Directs the Secretary to offer non-supervisory employees the opportunity to confidentially communicate information relevant to the employer's compliance with this Act. Requires an employee representative of each certified or recognized bargaining agent at the covered facility to be given the opportunity to accompany the Secretary during a physical inspection of such facility for the purpose of aiding in such inspection, if representatives of the owner or operator of the facility will also be accompanying the Secretary on such inspection. 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. Sets forth provisions that preclude preemption of states' rights to adopt or enforce more stringent regulations or standards. Directs the Secretary to prescribe regulations, and authorizes the Secretary to issue orders, as necessary to prohibit the unauthorized disclosure of protected information, subject to specified requirements and penalties. 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 specified committees assessing the potential effects of compliance on small covered chemical facilities. Establishes in DHS an Office of Chemical Facility Security, to be headed by a Director, who shall be responsible for carrying out the responsibilities of the Secretary under this title. Directs the Secretary to:
(1) designate a point of contact for the Administrator of the Environmental Protection Agency (EPA), and the head of any other agency designated by the Secretary, with respect to the requirements of this title; and
(2) inform state emergency response commissions appointed pursuant to the Emergency Planning and Community Right-To-Know Act of 1986, local emergency planning committees appointed pursuant to that Act, and any other entity designated by the Secretary of the findings of the Office so such commissions and committees may update emergency planning and training procedures. 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 the regulations to provide that it shall be a misrepresentation to attribute an adverse employment decision, including removal or suspension, to such regulations unless the owner or operator finds, after opportunity for appropriate redress under specified processes, that the individual falls within specified categories, such as being:
(1) convicted of a permanent disqualifying criminal offense;
(2) determined by the Secretary to be on the consolidated terrorist watchlist; or
(3) determined, as a result of the security background check, not to be legally authorized to work in the United States. Establishes a reconsideration process. Authorizes civil actions by any individuals alleging violations of this Act. Directs the Secretary to establish a notification system, which shall provide any individual the ability to report a suspected security deficiency or suspected noncompliance with this title. Requires the Inspector General to report annually to specified congressional committees. Requires annual (and after four years, biennial) reports to Congress on progress in achieving compliance with this Act. Authorizes appropriations. Authorizes the Secretary to continue to carry out the Chemical Facility Anti-Terrorism Standards prescribed pursuant to the Department of Homeland Security Appropriations Act, 2007 until final rules prescribed under this Act take effect, subject to specified requirements. Directs the Secretary to review the designation of sodium fluoroacetate as a substance of concern. Title II: Drinking Water Security - Drinking Water System Security Act of 2009 - Amends the Safe Drinking Water Act to revise and expand requirements for assessments by covered water systems of their vulnerability to intentional acts of sabotage. Defines "covered water system" as a public water system that is a community water system serving a population greater than 3,300 or that presents a security risk requiring the issuance of regulations. Directs the Administrator of EPA to issue regulations to:
(1) establish tiered, risk-based performance standards for the security of covered water systems and requirements and deadlines for such systems to conduct and update vulnerability assessments;
(2) develop site security and emergency response plans for such systems; and
(3) provide annual training to system employees and contractor employees. Sets forth matters such regulations must address, including the vulnerability of a water system to intentional acts, levels of risk, and the role of employees in developing site security and emergency risk plans. Requires the Administrator to review and approve the vulnerability assessments and site security plans of covered water systems. Authorizes the Administrator to:
(1) designate any chemical substance as a substance of concern in issuing water system security standards; and
(2) award grants to assist states in implementing regulations promulgated under this Act and for assessing and implementing methods to reduce the consequences of a release of a substance of concern. Prohibits disclosure of protected information relating to the security of covered water systems. Exempts such information from Freedom of Information disclosure requirements. Imposes criminal penalties for unauthorized disclosure of protected information.

(Sec. 203)

Directs the Administrator to study and report to Congress on the threat to drinking water posed by an intentional act of contamination and the vulnerability of public water systems, including fire hydrants, to such threat. Title III: Wastewater Treatment Works Security - Wastewater Treatment Works Security Act of 2009 - Amends the Federal Water Pollution Control Act (commonly known as the Clean Water Act) to require each owner or operator of a treatment works that has a treatment capacity of at least 2.5 million gallons per day or, in the discretion of the Administrator, that presents a security risk making coverage appropriate, to:
(1) conduct and update a vulnerability assessment of its treatment works;
(2) develop, periodically update, and implement a site security plan; and
(3) develop and revise an emergency response plan for the treatment works. Directs the Administrator of EPA, by December 31, 2010, to issue regulations establishing:
(1) risk-based performance standards for the security of such a treatment works; and
(2) specified requirements and deadlines, including for the conduct and submission of a vulnerability assessment, development and implementation of a site security plan, development of an emergency response plan, and provision of annual training to employees of the treatment works on implementing such plans. Requires the Administrator to:
(1) provide for four risk-based tiers applicable to treatment works, taking into consideration a works' size and proximity to large population centers and the potential impacts of intentional acts on critical infrastructure, public health or safety, or the environment;
(2) assign each covered treatment works to one of such tiers;
(3) establish risk-based performance standards for site security plans and emergency response plans that are increasingly more stringent based on the level of risk associated with the risk-based tier assignment;
(4) require a treatment works that possesses a substance of concern in excess of the release threshold quantity set by the Administrator to include in its site security plan an assessment of methods to reduce the consequences of a chemical release from an intentional act, a statement of whether the owner or operator has implemented or plans to implement such a method, and an explanation of the reasons for any decision not to implement any such method; and
(5) determine whether to require the treatment works to implement such method. Sets forth provisions regarding compliance and enforcement. Authorizes the Administrator to designate any chemical substance as a substance of concern for purposes of this title. Requires the Administrator, at the time a substance is so designated, to establish a threshold quantity for the release or theft of such substance, taking into account its toxicity, reactivity, volatility, dispersability, combustability, and flammability and the amount that is known or may be reasonably anticipated to cause, death, injury, or serious adverse impacts to human health or the environment. Sets forth provisions regarding certification of emergency response plans, maintenance of records, audits and inspections, and public disclosure of protected information. Authorizes the Administrator to make grants to a state, municipality, or intermunicipal or interstate agency to conduct a vulnerability assessment of a publicly owned treatment works, to implement specified security enhancements, and to provide for security-related training of treatment works employees and training for emergency response providers. Authorizes appropriations.

...Read the Rest

Organizations Supporting H.R.2868

  • American Chemical Society
  • Greenpeace
  • Association of Metropolitan Water Agencies
  • U.S. Public Interest Research Groups
  • Internation Brotherhood of Teamsters
  • International Chemical Workers Union Council/UFCW
  • ...and 10 more. See all.

Organizations Opposing H.R.2868

  • National Paint & Coatings Association
  • National Association of Chemical Distributors
  • Society of Chemical Manufacturers and Affiliates
  • National Grange
  • American Chemistry Council
  • Agricultural Retailers Association
  • ...and 10 more. See all.
See the money trail behind this bill for more info on how campaign contributions may be influencing senators' and representatives' votes.


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Recent News Coverage

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12/02/10
Chemical Industry Puppet or Homeland Security Advisory Committee?

Together they spent $31 million on lobbying last year, which included efforts to weaken or oppose legislation (HR 2868) that passed the House of ...

Source: Greenpeace USA (blog)
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11/29/10
RE: H.R.2868

The Democrat-controlled House passed comprehensive legislation (HR 2868) last year to permanently authorize CFATS, but Republicans—and the chemical ...

Source: Chemical & Engineering News
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07/27/10
NACD Commends Senate Committee for Passage of Common Sense Chemical Security ...

Unlike the version of HR 2868 passed by the House of Representatives late last year that imposes inherently-safer technology mandates and other significant ...

Source: PR Newswire (press release)
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Recent Blog Coverage

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09/07/11
H.R.2868: Unemployed Workers Hiring Act of 2011 ... - OpenCongress

All Bill Titles. Short: Unemployed Workers Hiring Act of 2011 as introduced.Official: To amend the Internal Revenue Code of 1986 to provide payroll tax relief to

Source: opencongress.org
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12/31/10
AWWA: Local Decision-Making Critical to Water Security, Public ...

A bill passed by the U.S. House of Representatives in the fall, H.R. 2868, would create a new chemical security program for water and wastewater utilities under the U.S. Environmental Protection Agency, with the U.S. Department of ...

Source: tdwebz.com
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12/22/10
GAO Issues Report on Sexual Abuse of Kids in K-12 Schools ...

The Senate replaced H.R. 2868 with a new version of the bill. The version passed by the Senate committee is identical to the House version in some respects. It would extend existing law, and maintain current Department of Homeland ...

Source: Security Management News & Analysis
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