H.R. 2868 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.
Background
	Majority Meeting Notice Majority Amendment Deadline Minority Amendment Deadline
Bill Text
	H.R. 2868 (as introduced) Amendment in the nature of a substitute H.Rept. 111-205 (part 1) H.Rept. 111-205 (part 2)
Amendments
	Note: The list of amendments and their disposition are not the official record of the Committee on Rules. For the official list, see the Committee on Rules Majority's Web Site.
# Sponsors Summary Status Notes 1 Orig McCaul (TX) Would strike the citizen enforcement section of the bill. Made in Order   3 Orig Ver1 Flake (AZ) Would presume that grants would be awarded based on risk, require that the Secretary report to Congress for any grants not awarded based on competitive procedures, and prohibit funds from being earmarked. Made in Order   2 Orig Halvorson (IL) Would permit the Secretary to provide guidance, tools, methodologies, or software to assist small covered chemical facilities in complying with the security requirements. Made in Order   4 Orig Dent (PA) 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. Made in Order   5 Orig Dent (PA) The amendment would strike section 2111, which requires assessments and implementation of methods to reduce the consequences of a terrorist attack. Made in Order   6 Orig Austria (OH) The amendment would exempt any small business - as defined by the Small Business Administration (SBA) - from being required to conduct an inherently safer technology (IST) analysis or IST implementation. Submitted   7 Orig Marshall (GA) The amendment would provide for the use of E-Verify as an additional measure designed to verify and validate legal authorization to work in the U.S. Submitted   8 Orig Foster (IL) Lujan (NM) 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. Made in Order   9 Orig Olson (TX) 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. Withdrawn   10 Orig Ver1 Hastings (FL) Would establish the post of Deputy Director within the Office of Chemical Facility Security responsible for interagency coordination. The Deputy Director would also be responsible for liaising with State Emergency Response Commissions and Local Emergency Planning Committees to update emergency planning and training procedures. Made in Order   11 Orig Schrader (OR) Kissell (NC) 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. Made in Order   12 Orig Ver1 Thompson (MS) 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. Made in Order   13 Orig Ver1 Titus (NV) Would require a report from the Government Accountability Office to determine best practices for transporting the chemicals that are used and produced at the facilities covered by the underlying legislation. Withdrawn   14 Orig Barton (TX) 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".  Made in Order   15 Orig Upton (MI) Would eliminate the citizen enforcement provision in the AINS for covered drinking water facilities. Submitted   16 Orig Barton (TX) Would block the Department of Homeland Security from forcing chemical facilities to alter their operating process or chemical inputs unless it would improve the security of the covered chemical facility. Submitted   17 Orig Upton (MI) Would exempt a covered chemical facility from implementing the manufacturing changes mandated by the Department of Homeland Security if the Secretary of Homeland Security determines such changes would lead to the facility laying off at least 15% of its workforce. Submitted   18 Orig Barton (TX) The amendment would prevent the Department of Homeland Security or EPA or the States, as appropriate, from compelling chemical facilities to alter their manufacturing process or chemical inputs if such a change would not improve the overall security of the covered chemical facility, covered water system or treatment works. Submitted   19 Orig Cardoza (CA) The amendment would direct the Administrator to select the lowest cost alternative among alternatives that achieve substantially comparable reductions in the consequences of a chemical release from an intentional act. Withdrawn   20 Orig Ver1 Barton (TX) The amendment would prevent the EPA or, as appropriate States from compelling drinking water facilities to alter their processes or chemical inputs by striking language relating to methods to reduce the consequences of a chemical release from an intentional act, and would remove language giving priority for preparation grants to covered water systems posing the greatest security risk, leaving greatest need as the sole determining factor. Revised
Rule
Rule Number:
	H.Res. 885
Rule Type:
	Structured
Rule Summary:
	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 substitute recommended by the      Committee on Homeland Security and Energy and Commerce now 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 9 or 10 of rule XXI.  This waiver does not affect the point of order      available under clause 9 or 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.
Rule Text:
	H.Res. 885 H.Rept. 111-327

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