89–008 

111TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 1st Session 111–327 

PROVIDING 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 

NOVEMBER 3, 2009.—Referred to the House Calendar and ordered to be printed 

Mr. HASTINGS of Florida, from the Committee on Rules, 

submitted the following 

R E P O R T 

[To accompany H. Res. 885] 

The Committee on Rules, having had under consideration House 

Resolution 885, by a nonrecord vote, report the same to the House 

with the recommendation that the resolution be adopted. 

SUMMARY OF PROVISIONS OF THE RESOLUTION

The resolution provides for consideration of H.R. 2868, the 

‘‘Chemical Facility Anti-Terrorism Act of 2009,’’ under a structured 

rule. The rule 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. The resolution waives 

all points of order against consideration of the bill except those 

arising under clause 9 or 10 of rule XXI. The resolution 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 this report shall be considered as an original bill for the purpose of amendment and shall be 

considered as read. The resolution 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). The resolution makes in order only those amendments printed in part B of this report. Each such amendment may 

be offered only in the order printed in this report, may be offered 

only by a Member designated, shall be considered as read, shall be 


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debatable for the time specified in this 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 the amendments printed 

in part B of this report are waived except for clauses 9 and 10 of 

rule XXI. The rule provides one motion to recommit with or without instructions. The resolution 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. The resolution provides that the Chair may not entertain a motion to strike 

out the enacting words of the bill. Finally, the resolution authorizes 

the Speaker to entertain motions that the House suspend the rules 

at any time through the legislative day of November 7, 2009. 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 resolution. 

EXPLANATION OF WAIVERS

The waiver of all points of order against consideration of the bill 

(except those arising under clauses 9 or 10 of rule XXI) includes a 

waiver of clause 3(b) of rule XIII (regarding the inclusion of record 

votes in a committee report). 

Although the rule waives all points of order against the amendment in the nature of a substitute (except for clause 10 of rule 

XXI), the Committee is not aware of any points of order. The waiver of all points of order is prophylactic. 

COMMITTEE VOTES

The results of each record vote on an amendment or motion to 

report, together with the names of those voting for and against, are 

printed below: 

Rules Committee record vote No. 262 

Date: November 3, 2009. 

Measure: H.R. 2868. 

Motion by: Mr. Sessions. 

Summary of motion: To make in order and provide appropriate 

waivers for an amendment by Rep. Upton (MI), #17, which 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. 

Results: Defeated 2–6. 

Vote by Members: Hastings (FL)—Nay; Matsui—Nay; Arcuri— 

Nay; Perlmutter—Nay; Polis—Nay; Dreier—Yea; Sessions—Yea; 

Slaughter—Nay. 

Rules Committee record vote No. 263 

Date: November 3, 2009. 

Measure: H.R. 2868. 

Motion by: Mr. Sessions. 

Summary of motion: To make in order and provide appropriate 

waivers for an amendment by Rep. Barton (TX), #20, which would 

prevent the EPA or, as appropriate, States from compelling drinking water facilities to alter their processes or chemical inputs by 


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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. 

Results: Defeated 2–6. 

Vote by Members: Hastings (FL)—Nay; Matsui—Nay; Arcuri— 

Nay; Perlmutter—Nay; Polis—Nay; Dreier—Yea; Sessions—Yea; 

Slaughter—Nay. 

SUMMARY OF AMENDMENT IN THE NATURE OF A SUBSTITUTE IN PART

A TO BE CONSIDERED AS AN ORIGINAL BILL FOR THE PURPOSE OF

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 FY2012; 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 

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tially 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 TO BE MADE IN ORDER

1. Thompson, Bennie (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. 

(10 minutes) 

2. 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’’. (10 minutes) 

3. Hastings, Alcee (FL): 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): 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): 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): 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): 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): Would strike the citizen enforcement section of 

the bill. (10 minutes) 

9. Halvorson (IL): Would permit the Secretary to provide guidance, tools, methodologies, or software to assist small covered 


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chemical facilities in complying with the security requirements. (10 

minutes) 

10. Foster (IL), Luja ́n (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. (10 

minutes) 

PART A—TEXT OF AMENDMENT IN THE NATURE OF A SUBSTITUTE TO

BE CONSIDERED AS AN ORIGINAL BILL FOR THE PURPOSE OF

AMENDMENT

Strike all after the enacting clause and insert the following: 

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

(a) SHORT TITLE.—This Act may be cited as the ‘‘Chemical and 

Water Security Act of 2009’’. 

(b) TABLE OF CONTENTS.—The table of contents for this Act is as 

follows: 

Sec. 1. Short title; table of contents. 

TITLE I—CHEMICAL FACILITY SECURITY 

Sec. 101. Short title. 

Sec. 102. Findings and purpose. 

Sec. 103. Extension, modification, and recodification of authority of Secretary of 

Homeland Security to regulate security practices at chemical facilities. 

TITLE II—DRINKING WATER SECURITY 

Sec. 201. Short title. 

Sec. 202. Intentional acts affecting the security of covered water systems. 

Sec. 203. Study to assess the threat of contamination of drinking water distribution 

systems. 

TITLE III—WASTEWATER TREATMENT WORKS SECURITY 

Sec. 301. Short title. 

Sec. 302. Wastewater treatment works security. 

TITLE I—CHEMICAL FACILITY 

SECURITY 

SEC. 101. SHORT TITLE. 

This title may be cited as the ‘‘Chemical Facility Anti-Terrorism 

Act of 2009’’. 

SEC. 102. FINDINGS AND PURPOSE. 

(a) FINDINGS.—Congress makes the following findings: 

(1) The Nation’s chemical sector represents a target that terrorists could exploit to cause consequences, including death, injury, or serious adverse effects to human health, the environment, critical infrastructure, public health, homeland security, 

national security, and the national economy. 

(2) Chemical facilities that pose such potential consequences 

and that are vulnerable to terrorist attacks must be protected. 

(3) The Secretary of Homeland Security has statutory authority pursuant to section 550 of the Department of Homeland 

Security Appropriations Act, 2007 (Public Law 109–295) to regulate the security practices at chemical facilities that are at 

significant risk of being terrorist targets. 


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(4) The Secretary of Homeland Security issued interim final 

regulations called the Chemical Facility Anti-Terrorism Standards, which became effective on June 8, 2007. 

(b) PURPOSE.—The purpose of this title is to modify and make 

permanent the authority of the Secretary of Homeland Security to 

regulate security practices at chemical facilities. 

SEC. 103. EXTENSION, MODIFICATION, AND RECODIFICATION OF AUTHORITY OF SECRETARY OF HOMELAND SECURITY TO 

REGULATE SECURITY PRACTICES AT CHEMICAL FACILITIES. 

(a) IN GENERAL.—The Homeland Security Act of 2002 (6 U.S.C. 

101 et seq.) is amended by adding at the end the following new 

title: 

‘‘TITLE XXI—REGULATION OF SECURITY 

PRACTICES AT CHEMICAL FACILITIES 

‘‘SEC. 2101. DEFINITIONS. 

‘‘In this title, the following definitions apply: 

‘‘(1) The term ‘chemical facility’ means any facility— 

‘‘(A) at which the owner or operator of the facility possesses or plans to possess at any relevant point in time a 

substance of concern; or 

‘‘(B) that meets other risk-related criteria identified by 

the Secretary. 

‘‘(2) The term ‘chemical facility security performance standards’ means risk-based standards established by the Secretary 

to ensure or enhance the security of a chemical facility against 

a chemical facility terrorist incident that are designed to address the following: 

‘‘(A) Restricting the area perimeter. 

‘‘(B) Securing site assets. 

‘‘(C) Screening and controlling access to the facility and 

to restricted areas within the facility by screening or inspecting individuals and vehicles as they enter, including— 

‘‘(i) measures to deter the unauthorized introduction 

of dangerous substances and devices that may facilitate a chemical facility terrorist incident or actions 

having serious negative consequences for the population surrounding the chemical facility; and 

‘‘(ii) measures implementing a regularly updated 

identification system that checks the identification of 

chemical facility personnel and other persons seeking 

access to the chemical facility and that discourages 

abuse through established disciplinary measures. 

‘‘(D) Methods to deter, detect, and delay a chemical facility terrorist incident, creating sufficient time between detection of a chemical facility terrorist incident and the 

point at which the chemical facility terrorist incident becomes successful, including measures to— 

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stricted areas, or otherwise presenting a hazard to potentially critical targets; 

‘‘(ii) deter chemical facility terrorist incidents 

through visible, professional, well-maintained security 

measures and systems, including security personnel, 

detection systems, barriers and barricades, and hardened or reduced value targets; 

‘‘(iii) detect chemical facility terrorist incidents at 

early stages through counter surveillance, frustration 

of opportunity to observe potential targets, surveillance and sensing systems, and barriers and barricades; and 

‘‘(iv) delay a chemical facility terrorist incident for a 

sufficient period of time so as to allow appropriate response through on-site security response, barriers and 

barricades, hardened targets, and well-coordinated response planning. 

‘‘(E) Securing and monitoring the shipping, receipt, and 

storage of a substance of concern for the chemical facility. 

‘‘(F) Deterring theft or diversion of a substance of concern. 

‘‘(G) Deterring insider sabotage. 

‘‘(H) Deterring cyber sabotage, including by preventing 

unauthorized onsite or remote access to critical process 

controls, including supervisory control and data acquisition 

systems, distributed control systems, process control systems, industrial control systems, critical business systems, 

and other sensitive computerized systems. 

‘‘(I) Developing and exercising an internal emergency 

plan for owners, operators, and covered individuals of a 

covered chemical facility for responding to chemical facility 

terrorist incidents at the facility. Any such plan shall include the provision of appropriate information to any local 

emergency planning committee, local law enforcement officials, and emergency response providers to ensure an effective, collective response to terrorist incidents. 

‘‘(J) Maintaining effective monitoring, communications, 

and warning systems, including— 

‘‘(i) measures designed to ensure that security systems and equipment are in good working order and inspected, tested, calibrated, and otherwise maintained; 

‘‘(ii) measures designed to regularly test security 

systems, note deficiencies, correct for detected deficiencies, and record results so that they are available 

for inspection by the Department; and 

‘‘(iii) measures to allow the chemical facility to 

promptly identify and respond to security system and 

equipment failures or malfunctions. 

‘‘(K) Ensuring mandatory annual security training, exercises, and drills of chemical facility personnel appropriate 

to their roles, responsibilities, and access to chemicals, including participation by local law enforcement, local emergency response providers, appropriate supervisory and 

non-supervisory facility employees and their employee representatives, if any. 


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‘‘(L) Performing personnel surety for individuals with access to restricted areas or critical assets by conducting appropriate background checks and ensuring appropriate credentials for unescorted visitors and chemical facility personnel, including permanent and part-time personnel, temporary personnel, and contract personnel, including— 

‘‘(i) measures designed to verify and validate identity; 

‘‘(ii) measures designed to check criminal history; 

‘‘(iii) measures designed to verify and validate legal 

authorization to work; and 

‘‘(iv) measures designed to identify people with terrorist ties. 

‘‘(M) Escalating the level of protective measures for periods of elevated threat. 

‘‘(N) Specific threats, vulnerabilities, or risks identified 

by the Secretary for that chemical facility. 

‘‘(O) Reporting of significant security incidents to the Department and to appropriate local law enforcement officials. 

‘‘(P) Identifying, investigating, reporting, and maintaining records of significant security incidents and suspicious 

activities in or near the site. 

‘‘(Q) Establishing one or more officials and an organization responsible for— 

‘‘(i) security; 

‘‘(ii) compliance with the standards under this paragraph; 

‘‘(iii) serving as the point of contact for incident 

management purposes with Federal, State, local, and 

tribal agencies, law enforcement, and emergency response providers; and 

‘‘(iv) coordination with Federal, State, local, and 

tribal agencies, law enforcement, and emergency response providers regarding plans and security measures for the collective response to a chemical facility 

terrorist incident. 

‘‘(R) Maintaining appropriate records relating to the security of the facility, including a copy of the most recent 

security vulnerability assessment and site security plan at 

the chemical facility. 

‘‘(S) Assessing and, as appropriate, utilizing methods to 

reduce the consequences of a terrorist attack. 

‘‘(T) Methods to recover or mitigate the release of a substance of concern in the event of a chemical facility terrorist incident. 

‘‘(U) Any additional security performance standards the 

Secretary may specify. 

‘‘(3) The term ‘chemical facility terrorist incident’ means any 

act or attempted act of terrorism or terrorist activity committed at, near, or against a chemical facility, including— 

‘‘(A) the release of a substance of concern from a chemical facility; 

‘‘(B) the theft, misappropriation, or misuse of a substance of concern from a chemical facility; or 


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‘‘(C) the sabotage of a chemical facility or a substance of 

concern at a chemical facility. 

‘‘(4) The term ‘employee representative’ means the representative of the certified or recognized bargaining agent engaged in 

a collective bargaining relationship with a private or public 

owner or operator of a chemical facility. 

‘‘(5) The term ‘covered individual’ means a permanent, temporary, full-time, or part-time employee of a covered chemical 

facility or an employee of an entity with which the covered 

chemical facility has entered into a contract who is performing 

responsibilities at the facility pursuant to the contract. 

‘‘(6) The term ‘covered chemical facility’ means a chemical facility that meets the criteria of section 2102(b)(1). 

‘‘(7) The term ‘environment’ means— 

‘‘(A) the navigable waters, the waters of the contiguous 

zone, and the ocean waters of which the natural resources 

are under the exclusive management authority of the 

United States under the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.); 

and 

‘‘(B) any other surface water, ground water, drinking 

water supply, land surface or subsurface strata, or ambient air within the United States or under the jurisdiction 

of the United States. 

‘‘(8) The term ‘owner or operator’ with respect to a facility 

means any of the following: 

‘‘(A) The person who owns the facility. 

‘‘(B) The person who has responsibility for daily operation of the facility. 

‘‘(C) The person who leases the facility. 

‘‘(9) The term ‘person’ means an individual, trust, firm, joint 

stock company, corporation (including a government corporation), partnership, association, State, municipality, commission, 

political subdivision of a State, or any interstate body and shall 

include each department, agency, and instrumentality of the 

United States. 

‘‘(10) The term ‘release’ means any spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping, or disposing into the environment (including the abandonment or discarding of barrels, containers, 

and other closed receptacles containing any hazardous substance or pollutant or contaminant). 

‘‘(11) The term ‘substance of concern’ means a chemical substance in quantity and form that is so designated by the Secretary under section 2102(a). 

‘‘(12) The term ‘method to reduce the consequences of a terrorist attack’ means a measure used at a chemical facility that 

reduces or eliminates the potential consequences of a chemical 

facility terrorist incident, including— 

‘‘(A) the elimination or reduction in the amount of a substance of concern possessed or planned to be possessed by 

an owner or operator of a covered chemical facility through 

the use of alternate substances, formulations, or processes; 

‘‘(B) the modification of pressures, temperatures, or concentrations of a substance of concern; and 


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‘‘(C) the reduction or elimination of onsite handling of a 

substance of concern through improvement of inventory 

control or chemical use efficiency. 

‘‘SEC. 2102. RISK-BASED DESIGNATION AND RANKING OF CHEMICAL 

FACILITIES. 

‘‘(a) SUBSTANCES OF CONCERN.— ‘‘(1) DESIGNATION BY THE SECRETARY.—The Secretary may 

designate any chemical substance as a substance of concern 

and establish the threshold quantity for each such substance 

of concern. 

‘‘(2) MATTERS FOR CONSIDERATION.—In designating a chemical substance or establishing or adjusting the threshold quantity for a chemical substance under paragraph (1), the Secretary shall consider the potential extent of death, injury, and 

serious adverse effects to human health, the environment, critical infrastructure, public health, homeland security, national 

security, and the national economy that could result from a 

chemical facility terrorist incident. 

‘‘(b) LIST OF COVERED CHEMICAL FACILITIES.— ‘‘(1) CRITERIA FOR LIST OF FACILITIES.—The Secretary shall 

maintain a list of covered chemical facilities that the Secretary 

determines are of sufficient security risk for inclusion on the 

list based on the following criteria: 

‘‘(A) The potential threat or likelihood that the chemical 

facility will be the target of a chemical facility terrorist incident. 

‘‘(B) The potential extent and likelihood of death, injury, 

or serious adverse effects to human health, the environment, critical infrastructure, public health, homeland security, national security, and the national economy that 

could result from a chemical facility terrorist incident. 

‘‘(C) The proximity of the chemical facility to large population centers. 

‘‘(2) SUBMISSION OF INFORMATION.—The Secretary may require the submission of information with respect to the quantities of substances of concern that an owner or operator of a 

chemical facility possesses or plans to possess in order to determine whether to designate a chemical facility as a covered 

chemical facility for purposes of this title. 

‘‘(c) ASSIGNMENT OF CHEMICAL FACILITIES TO RISK-BASED

TIERS.— 

‘‘(1) ASSIGNMENT.—The Secretary shall assign each covered 

chemical facility to one of four risk-based tiers established by 

the Secretary, with tier one representing the highest degree of 

risk and tier four the lowest degree of risk. 

‘‘(2) PROVISION OF INFORMATION.—The Secretary may request, and the owner or operator of a covered chemical facility 

shall provide, any additional information beyond any information required to be submitted under subsection (b)(2) that may 

be necessary for the Secretary to assign the chemical facility 

to the appropriate tier under paragraph (1). 

‘‘(3) NOTIFICATION.—Not later than 60 days after the date on 

which the Secretary determines that a chemical facility is a 

covered chemical facility or is no longer a covered chemical facility or changes the tier assignment under paragraph (1) of a 


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covered chemical facility, the Secretary shall notify the owner 

or operator of that chemical facility of that determination or 

change together with the reason for the determination or 

change and, upon the request of the owner or operator of a covered chemical facility, provide to the owner or operator of the 

covered chemical facility the following information: 

‘‘(A) The number of individuals at risk of death, injury, 

or severe adverse effects to human health as a result of a 

worst case chemical facility terrorist incident at the covered chemical facility. 

‘‘(B) Information related to the criticality of the covered 

chemical facility. 

‘‘(C) The proximity or interrelationship of the covered 

chemical facility to other critical infrastructure. 

‘‘(d) REQUIREMENT FOR REVIEW.—The Secretary— 

‘‘(1) shall periodically review— 

‘‘(A) the designation of a substance of concern and the 

threshold quantity under subsection (a)(1); and 

‘‘(B) the criteria under subsection (b)(1); and 

‘‘(2) may at any time determine whether a chemical facility 

is a covered chemical facility or change the tier to which such 

a facility is assigned under subsection (c)(1). 

‘‘(e) PROVISION OF THREAT-RELATED INFORMATION.—In order to 

effectively assess the vulnerabilities to a covered chemical facility, 

the Secretary shall provide to the owner, operator, or security officer of a covered chemical facility threat information regarding probable threats to the facility and methods that could be used in a 

chemical facility terrorist incident. 

‘‘SEC. 2103. SECURITY VULNERABILITY ASSESSMENTS AND SITE SECURITY PLANS. 

‘‘(a) IN GENERAL.— 

‘‘(1) REQUIREMENT.—The Secretary shall— 

‘‘(A) establish standards, protocols, and procedures for 

security vulnerability assessments and site security plans 

to be required for covered chemical facilities; 

‘‘(B) require the owner or operator of each covered chemical facility to— 

‘‘(i) conduct an assessment of the vulnerability of the 

covered chemical facility to a range of chemical facility 

terrorist incidents, including an incident that results 

in a worst-case release of a substance of concern and 

submit such assessment to the Secretary; 

‘‘(ii) prepare and implement a site security plan for 

that covered chemical facility that addresses the security vulnerability assessment and meets the risk-based 

chemical security performance standards under subsection (c) and submit such plan to the Secretary; 

‘‘(iii) include at least one supervisory and at least 

one non-supervisory employee of the covered chemical 

facility, and at least one employee representative, from 

each bargaining agent at the covered chemical facility, 

if any, in developing the security vulnerability assessment and site security plan required under this section; and 


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‘‘(iv) include, with the submission of a security vulnerability assessment and the site security plan of the 

covered chemical facility under this title, a signed 

statement by the owner or operator of the covered 

chemical facility that certifies that the submission is 

provided to the Secretary with knowledge of the penalty provisions under section 2107; 

‘‘(C) set deadlines, by tier, for the completion of security 

vulnerability assessments and site security plans; 

‘‘(D) upon request, as necessary, and to the extent that 

resources permit, provide technical assistance to a covered 

chemical facility conducting a vulnerability assessment or 

site security plan required under this section; 

‘‘(E) establish specific deadlines and requirements for 

the submission by a covered chemical facility of information describing— 

‘‘(i) any change in the use by the covered chemical 

facility of more than a threshold amount of any substance of concern that may affect the requirements of 

the chemical facility under this title; or 

‘‘(ii) any material modification to a covered chemical 

facility’s operations or site that may affect the security 

vulnerability assessment or site security plan submitted by the covered chemical facility; 

‘‘(F) require the owner or operator of a covered chemical 

facility to review and resubmit a security vulnerability assessment or site security plan not less frequently than 

once every 5 years; and 

‘‘(G) not later than 180 days after the date on which the 

Secretary receives a security vulnerability assessment or 

site security plan under this title, review and approve or 

disapprove such assessment or plan and notify the covered 

chemical facility of such approval or disapproval. 

‘‘(2) INHERENTLY GOVERNMENTAL FUNCTION.—The approval 

or disapproval of a security vulnerability assessment or site security plan under this section is an inherently governmental 

function. 

‘‘(b) PARTICIPATION IN PREPARATION OF SECURITY VULNERABILITY

ASSESSMENTS OR SITE SECURITY PLANS.—Any person selected by 

the owner or operator of a covered chemical facility or by a certified 

or recognized bargaining agent of a covered chemical facility to participate in the development of the security vulnerability assessment 

or site security plan required under this section for such covered 

chemical facility shall be permitted to participate if the person possesses knowledge, experience, training, or education relevant to the 

portion of the security vulnerability assessment or site security 

plan on which the person is participating. 

‘‘(c) RISK-BASED CHEMICAL SECURITY PERFORMANCE STANDARDS.—The Secretary shall establish risk-based chemical security 

performance standards for the site security plans required to be 

prepared by covered chemical facilities. In establishing such standards, the Secretary shall— 

‘‘(1) require separate and, as appropriate, increasingly stringent risk-based chemical security performance standards for 


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site security plans as the level of risk associated with the tier 

increases; and 

‘‘(2) permit each covered chemical facility submitting a site 

security plan to select a combination of security measures that 

satisfy the risk-based chemical security performance standards 

established by the Secretary under this subsection. 

‘‘(d) CO-LOCATED CHEMICAL FACILITIES.—The Secretary may 

allow an owner or operator of a covered chemical facility that is located geographically close to another covered chemical facility to 

develop and implement coordinated security vulnerability assessments and site security plans. 

‘‘(e) ALTERNATE SECURITY PROGRAMS SATISFYING REQUIREMENTS

FOR SECURITY VULNERABILITY ASSESSMENT AND SITE SECURITY

PLAN.— 

‘‘(1) ACCEPTANCE OF PROGRAM.—In response to a request by 

an owner or operator of a covered chemical facility, the Secretary may accept an alternate security program submitted by 

the owner or operator of the facility as a component of the security vulnerability assessment or site security plan required 

under this section, if the Secretary determines that such alternate security program, in combination with other components 

of the security vulnerability assessment and site security plan 

submitted by the owner or operator of the facility— 

‘‘(A) meets the requirements of this title and the regulations promulgated pursuant to this title; 

‘‘(B) provides an equivalent level of security to the level 

of security established pursuant to the regulations promulgated under this title; and 

‘‘(C) includes employee participation as required under 

subsection (a)(1)(B)(iii). 

‘‘(2) SECRETARIAL REVIEW REQUIRED.—Nothing in this subsection shall relieve the Secretary of the obligation— 

‘‘(A) to review a security vulnerability assessment and 

site security plan submitted by a covered chemical facility 

under this section; and 

‘‘(B) to approve or disapprove each such assessment or 

plan on an individual basis according to the deadlines established under subsection (a). 

‘‘(3) COVERED FACILITY’S OBLIGATIONS UNAFFECTED.—Nothing 

in this subsection shall relieve any covered chemical facility of 

the obligation and responsibility to comply with all of the requirements of this title. 

‘‘(4) PERSONNEL SURETY ALTERNATE SECURITY PROGRAM.—In 

response to an application from a non-profit, personnel surety 

accrediting organization acting on behalf of, and with written 

authorization from, the owner or operator of a covered chemical facility, the Secretary may accept a personnel surety alternate security program that meets the requirements of section 

2115 and provides for a background check process that is— 

‘‘(A) expedited, affordable, reliable, and accurate; 

‘‘(B) fully protective of the rights of covered individuals 

through procedures that are consistent with the privacy 

protections available under the Fair Credit Reporting Act 

(15 U.S.C. 1681 et seq.); and 


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‘‘(C) is a single background check consistent with a riskbased tiered program. 

‘‘(f) OTHER AUTHORITIES.— ‘‘(1) REGULATION OF MARITIME FACILITIES.— ‘‘(A) RISK-BASED TIERING.—Notwithstanding any other 

provision of law, the owner or operator of a chemical facility required to submit a facility security plan under section 

70103(c) of title 46, United States Code, shall be required 

to submit information to the Secretary necessary to determine whether to designate such a facility as a covered 

chemical facility and to assign the facility to a risk-based 

tier under section 2102 of this title. 

‘‘(B) ADDITIONAL MEASURES.—In the case of a facility 

designated as a covered chemical facility under this title 

for which a facility security plan is required to be submitted under section 70103(c) of title 46, United States 

Code, the Commandant of the Coast Guard, after consultation with the Secretary, shall require the owner or operator of such facility to update the vulnerability assessments and facility security plans required under that section, if necessary, to ensure an equivalent level of security 

for substances of concern, including the requirements 

under section 2111, in the same manner as other covered 

chemical facilities in this title. 

‘‘(C) PERSONNEL SURETY.— ‘‘(i) EXCEPTION.—A facility designated as a covered 

chemical facility under this title that has had its facility security plan approved under section 70103(c) of 

title 46, United States Code, shall not be required to 

update or amend such plan in order to meet the requirements of section 2115 of this title. 

‘‘(ii) EQUIVALENT ACCESS.—An individual described 

in section 2115(a)(1)(B) who has been granted access 

to restricted areas or critical assets by the owner or 

operator of a facility for which a security plan is required to be submitted under section 70103(c) of title 

46, United States Code, may be considered by that 

owner or operator to have satisfied the requirement 

for passing a security background check otherwise required under section 2115 for purposes of granting the 

individual access to restricted areas or critical assets 

of a covered chemical facility that is owned or operated 

by the same owner or operator. 

‘‘(D) INFORMATION SHARING AND PROTECTION.—Notwithstanding section 70103(d) of title 46, United States Code, 

the Commandant of the Coast Guard, after consultation 

with the Secretary, shall apply the information sharing 

and protection requirements in section 2110 of this title to 

a facility described in subparagraph (B). 

‘‘(E) ENFORCEMENT.—The Secretary shall establish, by 

rulemaking, procedures to ensure that an owner or operator of a covered chemical facility required to update the 

vulnerability assessment and facility security plan for the 

facility under subparagraph (B) is in compliance with the 

requirements of this title. 


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‘‘(F) FORMAL AGREEMENT.—The Secretary shall— 

‘‘(i) require the Office of Infrastructure Protection 

and the Coast Guard to enter into a formal agreement 

detailing their respective roles and responsibilities in 

carrying out the requirements of this title, which shall 

ensure that the enforcement and compliance requirements under this title and section 70103 of title 46, 

United States Code, are not conflicting or duplicative; 

and 

‘‘(ii) designate the agency responsible for enforcing 

the requirements of this title with respect to covered 

chemical facilities for which facility security plans are 

required to be submitted under section 70103(c) of 

title 46, United States Code, consistent with the requirements of subparagraphs (B) and (D). 

‘‘(2) COORDINATION OF STORAGE LICENSING OR PERMITTING

REQUIREMENT.—In the case of any storage required to be licensed or permitted under chapter 40 of title 18, United States 

Code, the Secretary shall prescribe the rules and regulations 

for the implementation of this section with the concurrence of 

the Attorney General and avoid unnecessary duplication of regulatory requirements. 

‘‘(g) ROLE OF EMPLOYEES.— 

‘‘(1) DESCRIPTION OF ROLE REQUIRED.—Site security plans required under this section shall describe the roles or responsibilities that covered individuals are expected to perform to 

deter or respond to a chemical facility terrorist incident. 

‘‘(2) ANNUAL TRAINING FOR EMPLOYEES.—The owner or operator of a covered chemical facility required to submit a site security plan under this section shall annually provide each covered individual with a role or responsibility referred to in paragraph (1) at the facility with a minimum of 8 hours of training. 

Such training shall, as relevant to the role or responsibility of 

such covered individual— 

‘‘(A) include an identification and discussion of substances of concern; 

‘‘(B) include a discussion of possible consequences of a 

chemical facility terrorist incident; 

‘‘(C) review and exercise the covered chemical facility’s 

site security plan, including any requirements for differing 

threat levels; 

‘‘(D) include a review of information protection requirements; 

‘‘(E) include a discussion of physical and cyber security 

equipment, systems, and methods used to achieve chemical 

security performance standards; 

‘‘(F) allow training with other relevant participants, including Federal, State, local, and tribal authorities, and 

first responders, where appropriate; 

‘‘(G) use existing national voluntary consensus standards, chosen jointly with employee representatives, if any; 

‘‘(H) allow instruction through government training programs, chemical facilities, academic institutions, nonprofit 

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ployee organizations, and other relevant entities that provide such training; 

‘‘(I) use multiple training media and methods; and 

‘‘(J) include a discussion of appropriate emergency response procedures, including procedures to mitigate the effects of a chemical facility terrorist incident. 

‘‘(3) EQUIVALENT TRAINING.—During any year, with respect 

to any covered individual with roles or responsibilities under 

paragraph (1), an owner or operator of a covered chemical facility may satisfy any of the training requirements for such covered individual under subparagraphs (A), (B), (C), (D), (E), or 

(J) of paragraph (2) through training that such owner or operator certifies, in a manner prescribed by the Secretary, is 

equivalent. 

‘‘(4) WORKER TRAINING GRANT PROGRAM.— ‘‘(A) AUTHORITY.—The Secretary shall establish a grant 

program to award grants to or enter into cooperative 

agreements with eligible entities to provide for the training and education of covered individuals with roles or responsibilities described in paragraph (1) and first responders and emergency response providers that would respond 

to a chemical facility terrorist incident. 

‘‘(B) ADMINISTRATION.—The Secretary shall seek to enter 

into an agreement with the Director of the National Institute for Environmental Health Sciences, or with the head 

of another Federal or State agency, to make and administer grants or cooperative agreements under this paragraph. 

‘‘(C) USE OF FUNDS.—The recipient of funds under this 

paragraph shall use such funds to provide for the training 

and education of covered individuals with roles or responsibilities described in paragraph (1), first responders, and 

emergency response providers, including— 

‘‘(i) the annual mandatory training specified in paragraph (2); and 

‘‘(ii) other appropriate training to protect nearby 

persons, property, critical infrastructure, or the environment from the effects of a chemical facility terrorist 

incident. 

‘‘(D) ELIGIBLE ENTITIES.—For purposes of this paragraph, an eligible entity is a nonprofit organization with 

demonstrated experience in implementing and operating 

successful worker or first responder health and safety or 

security training programs. 

‘‘(h) STATE, REGIONAL, OR LOCAL GOVERNMENTAL ENTITIES.—No 

covered chemical facility shall be required under State, local, or 

tribal law to provide a vulnerability assessment or site security 

plan described under this title to any State, regional, local, or tribal 

government entity solely by reason of the requirement under subsection (a) that the covered chemical facility submit such an assessment and plan to the Secretary. 

‘‘SEC. 2104. SITE INSPECTIONS. 

‘‘(a) RIGHT OF ENTRY.—For purposes of carrying out this title, the 

Secretary shall have, at a reasonable time and on presentation of 

credentials, a right of entry to, on, or through any property of a 


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covered chemical facility or any property on which any record required to be maintained under this section is located. 

‘‘(b) INSPECTIONS AND VERIFICATIONS.— 

‘‘(1) IN GENERAL.—The Secretary shall, at such time and 

place as the Secretary determines to be reasonable and appropriate, conduct chemical facility security inspections and 

verifications. 

‘‘(2) REQUIREMENTS.—To ensure and evaluate compliance 

with this title, including any regulations or requirements 

adopted by the Secretary in furtherance of the purposes of this 

title, in conducting an inspection or verification under paragraph (1), the Secretary shall have access to the owners, operators, employees, and employee representatives, if any, of a covered chemical facility. 

‘‘(c) UNANNOUNCED INSPECTIONS.—In addition to any inspection 

conducted pursuant to subsection (b), the Secretary shall require 

covered chemical facilities assigned to tier 1 and tier 2 under section 2102(c)(1) to undergo unannounced facility inspections. The inspections required under this subsection shall be— 

‘‘(1) conducted without prior notice to the facility; 

‘‘(2) designed to evaluate at the chemical facility undergoing 

inspection— 

‘‘(A) the ability of the chemical facility to prevent a 

chemical facility terrorist incident that the site security 

plan of the facility is intended to prevent; 

‘‘(B) the ability of the chemical facility to protect against 

security threats that are required to be addressed by the 

site security plan of the facility; and 

‘‘(C) any weaknesses in the site security plan of the 

chemical facility; 

‘‘(3) conducted so as not to affect the actual security, physical 

integrity, safety, or regular operations of the chemical facility 

or its employees while the inspection is conducted; and 

‘‘(4) conducted— 

‘‘(A) every two years in the case of a covered chemical facility assigned to tier 1; and 

‘‘(B) every four years in the case of a covered chemical 

facility assigned to tier 2. 

‘‘(d) CHEMICAL FACILITY INSPECTORS AUTHORIZED.—During the 

period of fiscal years 2011 and 2012, subject to the availability of 

appropriations for such purpose, the Secretary shall increase by not 

fewer than 100 the total number of chemical facility inspectors 

within the Department to ensure compliance with this title. 

‘‘(e) CONFIDENTIAL COMMUNICATIONS.—The Secretary shall offer 

non-supervisory employees the opportunity to confidentially communicate information relevant to the employer’s compliance or noncompliance with this title, including compliance or non-compliance 

with any regulation or requirement adopted by the Secretary in 

furtherance of the purposes of this title. An employee representative of each certified or recognized bargaining agent at the covered 

chemical facility, if any, or, if none, a non-supervisory employee, 

shall be given the opportunity to accompany the Secretary during 

a physical inspection of such covered chemical facility for the purpose of aiding in such inspection, if representatives of the owner or 


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operator of the covered chemical facility will also be accompanying 

the Secretary on such inspection. 

‘‘SEC. 2105. RECORDS. 

‘‘(a) REQUEST FOR RECORDS.—In carrying out this title, the Secretary may require submission of, or on presentation of credentials 

may at reasonable times obtain access to and copy, any records, including any records maintained in electronic format, necessary 

for— 

‘‘(1) reviewing or analyzing a security vulnerability assessment or site security plan submitted under section 2103; or 

‘‘(2) assessing the implementation of such a site security 

plan. 

‘‘(b) PROPER HANDLING OF RECORDS.—In accessing or copying any 

records under subsection (a), the Secretary shall ensure that such 

records are handled and secured appropriately in accordance with 

section 2110. 

‘‘SEC. 2106. TIMELY SHARING OF THREAT INFORMATION. 

‘‘(a) RESPONSIBILITIES OF SECRETARY.—Upon the receipt of information concerning a threat that is relevant to a certain covered 

chemical facility, the Secretary shall provide such information in a 

timely manner, to the maximum extent practicable under applicable authority and in the interests of national security, to the owner, 

operator, or security officer of that covered chemical facility, to a 

representative of each recognized or certified bargaining agent at 

the facility, if any, and to relevant State, local, and tribal authorities, including the State Homeland Security Advisor, if any. 

‘‘(b) RESPONSIBILITIES OF OWNER OR OPERATOR.—The Secretary 

shall require the owner or operator of a covered chemical facility 

to provide information concerning a threat in a timely manner 

about any significant security incident or threat to the covered 

chemical facility or any intentional or unauthorized penetration of 

the physical security or cyber security of the covered chemical facility whether successful or unsuccessful. 

‘‘SEC. 2107. ENFORCEMENT. 

‘‘(a) REVIEW OF SECURITY VULNERABILITY ASSESSMENT AND SITE

SECURITY PLAN.— 

‘‘(1) DISAPPROVAL.—The Secretary shall disapprove a security vulnerability assessment or site security plan submitted 

under this title if the Secretary determines, in his or her discretion, that— 

‘‘(A) the security vulnerability assessment or site security plan does not comply with the standards, protocols, or 

procedures under section 2103(a)(1)(A); or 

‘‘(B) in the case of a site security plan— 

‘‘(i) the plan or the implementation of the plan is insufficient to address vulnerabilities identified in a security vulnerability assessment, site inspection, or unannounced inspection of the covered chemical facility; 

or 

‘‘(ii) the plan fails to meet all applicable chemical facility security performance standards. 

‘‘(2) NOTIFICATION OF DISAPPROVAL.—If the Secretary disapproves the security vulnerability assessment or site security 

plan submitted by a covered chemical facility under this title 


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or the implementation of a site security plan by such a chemical facility, the Secretary shall provide the owner or operator 

of the covered chemical facility a written notification of the disapproval not later than 14 days after the date on which the 

Secretary disapproves such assessment or plan, that— 

‘‘(A) includes a clear explanation of deficiencies in the assessment, plan, or implementation of the plan; and 

‘‘(B) requires the owner or operator of the covered chemical facility to revise the assessment or plan to address any 

deficiencies and, by such date as the Secretary determines 

is appropriate, to submit to the Secretary the revised assessment or plan. 

‘‘(b) REMEDIES.— 

‘‘(1) ORDER FOR COMPLIANCE.—Whenever the Secretary determines that the owner or operator of a covered chemical facility has violated or is in violation of any requirement of this 

title or has failed or is failing to address any deficiencies in the 

assessment, plan, or implementation of the plan by such date 

as the Secretary determines to be appropriate, the Secretary 

may— 

‘‘(A) after providing notice to the owner or operator of 

the covered chemical facility and an opportunity, pursuant 

to the regulations issued under this title, for such owner 

or operator to seek review within the Department of the 

Secretary’s determination, issue an order assessing an administrative penalty of not more than $25,000 for each day 

on which a past or current violation occurs or a failure to 

comply continues, requiring compliance immediately or 

within a specified time period, or both; or 

‘‘(B) in a civil action, obtain appropriate equitable relief, 

a civil penalty of not more than $25,000 for each day on 

which a past or current violation occurs or a failure to 

comply continues, or both. 

‘‘(2) ORDER TO CEASE OPERATIONS.—Whenever the Secretary 

determines that the owner or operator of a covered chemical facility continues to be in noncompliance after an order for compliance is issued under paragraph (1), the Secretary may issue 

an order to the owner or operator to cease operations at the facility until compliance is achieved to the satisfaction of the Secretary. 

‘‘(c) APPLICABILITY OF PENALTIES.—A penalty under subsection 

(b)(1) may be awarded for any violation of this title, including a 

violation of the whistleblower protections under section 2108. 

‘‘SEC. 2108. WHISTLEBLOWER PROTECTIONS. 

‘‘(a) ESTABLISHMENT.—The Secretary shall establish and provide 

information to the public regarding a process by which any person 

may submit a report to the Secretary regarding problems, deficiencies, or vulnerabilities at a covered chemical facility associated 

with the risk of a chemical facility terrorist incident. 

‘‘(b) CONFIDENTIALITY.—The Secretary shall keep confidential the 

identity of a person that submits a report under subsection (a) and 

any such report shall be treated as protected information under 

section 2110 to the extent that it does not consist of publicly available information. 


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‘‘(c) ACKNOWLEDGMENT OF RECEIPT.—If a report submitted under 

subsection (a) identifies the person submitting the report, the Secretary shall respond promptly to such person to acknowledge receipt of the report. 

‘‘(d) STEPS TO ADDRESS PROBLEMS.—The Secretary shall review 

and consider the information provided in any report submitted 

under subsection (a) and shall, as necessary, take appropriate steps 

under this title to address any problem, deficiency, or vulnerability 

identified in the report. 

‘‘(e) RETALIATION PROHIBITED.— ‘‘(1) PROHIBITION.—No owner or operator of a covered chemical facility, profit or not-for-profit corporation, association, or 

any contractor, subcontractor or agent thereof, may discharge 

any employee or otherwise discriminate against any employee 

with respect to the employee’s compensation, terms, conditions, 

or other privileges of employment because the employee (or 

any person acting pursuant to a request of the employee)— 

‘‘(A) notified the Secretary, the owner or operator of a 

covered chemical facility, or the employee’s employer of an 

alleged violation of this title, including notification of such 

an alleged violation through communications related to 

carrying out the employee’s job duties; 

‘‘(B) refused to participate in any conduct that the employee reasonably believes is in noncompliance with a requirement of this title, if the employee has identified the 

alleged noncompliance to the employer; 

‘‘(C) testified before or otherwise provided information 

relevant for Congress or for any Federal or State proceeding regarding any provision (or proposed provision) of 

this title; 

‘‘(D) commenced, caused to be commenced, or is about to 

commence or cause to be commenced a proceeding under 

this title; 

‘‘(E) testified or is about to testify in any such proceeding; or 

‘‘(F) assisted or participated or is about to assist or participate in any manner in such a proceeding or in any 

other manner in such a proceeding or in any other action 

to carry out the purposes of this title. 

‘‘(2) ENFORCEMENT ACTION.—Any employee covered by this 

section who alleges discrimination by an employer in violation 

of paragraph (1) may bring an action governed by the rules 

and procedures, legal burdens of proof, and remedies applicable 

under subsections (d) through (h) of section 20109 of title 49, 

United States Code. A party may seek district court review as 

set forth in subsection (d)(3) of such section not later than 90 

days after receiving a written final determination by the Secretary of Labor. 

‘‘(3) PROHIBITED PERSONNEL PRACTICES AFFECTING THE DE- PARTMENT.— ‘‘(A) IN GENERAL.—Notwithstanding any other provision 

of law, any individual holding or applying for a position 

within the Department shall be covered by— 

‘‘(i) paragraphs (1), (8), and (9) of section 2302(b) of 

title 5, United States Code; 


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‘‘(ii) any provision of law implementing any of such 

paragraphs by providing any right or remedy available 

to an employee or applicant for employment in the 

civil service; and 

‘‘(iii) any rule or regulation prescribed under any 

such paragraph. 

‘‘(B) RULE OF CONSTRUCTION.—Nothing in this paragraph shall be construed to affect any rights, apart from 

those referred to in subparagraph (A), to which an individual described in that subparagraph might otherwise be 

entitled to under law. 

‘‘SEC. 2109. FEDERAL PREEMPTION. 

‘‘This title does not preclude or deny any right of any State or 

political subdivision thereof to adopt or enforce any regulation, requirement, or standard of performance with respect to a covered 

chemical facility that is more stringent than a regulation, requirement, or standard of performance issued under this title, or otherwise impair any right or jurisdiction of any State or political subdivision thereof with respect to covered chemical facilities within 

that State or political subdivision thereof. 

‘‘SEC. 2110. PROTECTION OF INFORMATION. 

‘‘(a) PROHIBITION OF PUBLIC DISCLOSURE OF PROTECTED INFOR- MATION.—Protected information, as described in subsection (g)— 

‘‘(1) shall be exempt from disclosure under section 552 of title 

5, United States Code; and 

‘‘(2) shall not be made available pursuant to any State, local, 

or tribal law requiring disclosure of information or records. 

‘‘(b) INFORMATION SHARING.— 

‘‘(1) IN GENERAL.—The Secretary shall prescribe such regulations, and may issue such orders, as necessary to prohibit the 

unauthorized disclosure of protected information, as described 

in subsection (g). 

‘‘(2) SHARING OF PROTECTED INFORMATION.—The regulations 

under paragraph (1) shall provide standards for and facilitate 

the appropriate sharing of protected information with and between Federal, State, local, and tribal authorities, emergency 

response providers, law enforcement officials, designated supervisory and nonsupervisory covered chemical facility personnel with security, operational, or fiduciary responsibility for 

the facility, and designated facility employee representatives, if 

any. Such standards shall include procedures for the sharing 

of all portions of a covered chemical facility’s vulnerability assessment and site security plan relating to the roles and responsibilities of covered individuals under section 2103(g)(1) 

with a representative of each certified or recognized bargaining 

agent representing such covered individuals, if any, or, if none, 

with at least one supervisory and at least one non-supervisory 

employee with roles or responsibilities under section 

2103(g)(1). 

‘‘(3) PENALTIES.—Protected information, as described in subsection (g), shall not be shared except in accordance with the 

regulations under paragraph (1). Whoever discloses protected 

information in knowing violation of the regulations and orders 

issued under paragraph (1) shall be fined under title 18, 


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United States Code, imprisoned for not more than one year, or 

both, and, in the case of a Federal officeholder or employee, 

shall be removed from Federal office or employment. 

‘‘(c) TREATMENT OF INFORMATION IN ADJUDICATIVE PRO- CEEDINGS.—In any judicial or administrative proceeding, protected 

information described in subsection (g) shall be treated in a manner consistent with the treatment of sensitive security information 

under section 525 of the Department of Homeland Security Appropriations Act, 2007 (Public Law 109–295; 120 Stat. 1381). 

‘‘(d) OTHER OBLIGATIONS UNAFFECTED.—Except as provided in 

section 2103(h), nothing in this section affects any obligation of the 

owner or operator of a chemical facility under any other law to submit or make available information required by such other law to 

facility employees, employee organizations, or a Federal, State, 

tribal, or local government. 

‘‘(e) SUBMISSION OF INFORMATION TO CONGRESS.—Nothing in this 

title shall permit or authorize the withholding of information from 

Congress or any committee or subcommittee thereof. 

‘‘(f) DISCLOSURE OF INDEPENDENTLY FURNISHED INFORMATION.— Nothing in this title shall affect any authority or obligation of a 

Federal, State, local, or tribal government agency to protect or disclose any record or information that the Federal, State, local, or 

tribal government agency obtains from a chemical facility under 

any other law. 

‘‘(g) PROTECTED INFORMATION.— ‘‘(1) IN GENERAL.—For purposes of this title, protected information is any of the following: 

‘‘(A) Security vulnerability assessments and site security 

plans, including any assessment required under section 

2111. 

‘‘(B) Portions of the following documents, records, orders, 

notices, or letters that the Secretary determines would be 

detrimental to chemical facility security if disclosed and 

that are developed by the Secretary or the owner or operator of a covered chemical facility for the purposes of this 

title: 

‘‘(i) Documents directly related to the Secretary’s review and approval or disapproval of vulnerability assessments and site security plans under this title. 

‘‘(ii) Documents directly related to inspections and 

audits under this title. 

‘‘(iii) Orders, notices, or letters regarding the compliance of a covered chemical facility with the requirements of this title. 

‘‘(iv) Information, documents, or records required to 

be provided to or created by the Secretary under subsection (b) or (c) of section 2102. 

‘‘(v) Documents directly related to security drills and 

training exercises, security threats and breaches of security, and maintenance, calibration, and testing of security equipment. 

‘‘(C) Other information, documents, or records developed 

exclusively for the purposes of this title that the Secretary 

has determined by regulation would, if disclosed, be detrimental to chemical facility security. 


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‘‘(2) EXCLUSIONS.—For purposes of this section, protected information does not include— 

‘‘(A) information that is otherwise publicly available, including information that is required to be made publicly 

available under any law; 

‘‘(B) information that a chemical facility has lawfully disclosed other than in accordance with this title; or 

‘‘(C) information that, if disclosed, would not be detrimental to the security of a chemical facility, including aggregate regulatory data that the Secretary has determined 

by regulation to be appropriate to describe facility compliance with the requirements of this title and the Secretary’s 

implementation of such requirements. 

‘‘SEC. 2111. METHODS TO REDUCE THE CONSEQUENCES OF A TERRORIST ATTACK. 

‘‘(a) ASSESSMENT REQUIRED.— ‘‘(1) ASSESSMENT.—The owner or operator of a covered chemical facility shall include in the site security plan conducted 

pursuant to section 2103, an assessment of methods to reduce 

the consequences of a terrorist attack on that chemical facility, 

including— 

‘‘(A) a description of the methods to reduce the consequences of a terrorist attack implemented and considered for implementation by the covered chemical facility; 

‘‘(B) the degree to which each method to reduce the consequences of a terrorist attack, if already implemented, 

has reduced, or, if implemented, could reduce, the potential extent of death, injury, or serious adverse effects to 

human health resulting from a release of a substance of 

concern; 

‘‘(C) the technical feasibility, costs, avoided costs (including liabilities), personnel implications, savings, and applicability of implementing each method to reduce the consequences of a terrorist attack; and 

‘‘(D) any other information that the owner or operator of 

the covered chemical facility considered in conducting the 

assessment. 

‘‘(2) FEASIBLE.—For the purposes of this section, the term 

‘feasible’ means feasible with the use of best technology, techniques, and other means that the Secretary finds, after examination for efficacy under field conditions and not solely under 

laboratory conditions, are available for use at the covered 

chemical facility. 

‘‘(b) IMPLEMENTATION.— 

‘‘(1) IMPLEMENTATION.— 

‘‘(A) IN GENERAL.—The owner or operator of a covered 

chemical facility that is assigned to tier 1 or tier 2 because 

of the potential extent and likelihood of death, injury, and 

serious adverse effects to human health, the environment, 

critical infrastructure, public health, homeland security, 

national security, and the national economy from a release 

of a substance of concern at the covered chemical facility, 

shall implement methods to reduce the consequences of a 

terrorist attack on the chemical facility if the Director of 

the Office of Chemical Facility Security determines, in his 


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or her discretion, using the assessment conducted pursuant to subsection (a), that the implementation of such 

methods at the facility— 

‘‘(i) would significantly reduce the risk of death, injury, or serious adverse effects to human health resulting from a chemical facility terrorist incident but— 

‘‘(I) would not increase the interim storage of a 

substance of concern outside the facility; 

‘‘(II) would not directly result in the creation of 

a new covered chemical facility assigned to tier 1 

or tier 2 because of the potential extent and likelihood of death, injury, and serious adverse effects 

to human health, the environment, critical infrastructure, public health, homeland security, national security, and the national economy from a 

release of a substance of concern at the covered 

chemical facility; 

‘‘(III) would not result in the reassignment of an 

existing covered chemical facility from tier 3 or 

tier 4 to tier 1 or tier 2 because of the potential 

extent and likelihood of death, injury, and serious 

adverse effects to human health, the environment, 

critical infrastructure, public health, homeland security, national security, and the national economy from a release of a substance of concern at 

the covered chemical facility; and 

‘‘(IV) would not significantly increase the potential extent and likelihood of death, injury, and serious adverse effects to human health, the environment, critical infrastructure, public health, 

homeland security, national security, and the national economy from a release of a substance of 

concern due to a terrorist attack on the transportation infrastructure of the United States; 

‘‘(ii) can feasibly be incorporated into the operation 

of the covered chemical facility; and 

‘‘(iii) would not significantly and demonstrably impair the ability of the owner or operator of the covered 

chemical facility to continue the business of the facility at its location. 

‘‘(B) WRITTEN DETERMINATION.—A determination by the 

Director of the Office of Chemical Facility Security pursuant to subparagraph (A) shall be made in writing and include the basis and reasons for such determination, including the Director’s analysis of the covered chemical facility’s 

assessment of the technical feasibility, costs, avoided costs 

(including liabilities), personnel implications, savings, and 

applicability of implementing each method to reduce the 

consequences of a terrorist attack. 

‘‘(C) MARITIME FACILITIES.—With respect to a covered 

chemical facility for which a security plan is required 

under section 70103(c) of title 46, United States Code, a 

written determination pursuant to subparagraph (A) shall 

be made only after consultation with the Captain of the 


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Port for the area in which the covered chemical facility is 

located. 

‘‘(2) REVIEW OF INABILITY TO COMPLY.— ‘‘(A) IN GENERAL.—An owner or operator of a covered 

chemical facility who is unable to comply with the Director’s determination under paragraph (1) shall, within 120 

days of receipt of the Director’s determination, provide to 

the Secretary a written explanation that includes the reasons therefor. Such written explanation shall specify 

whether the owner or operator’s inability to comply arises 

under clause (ii) or (iii) of paragraph (1)(A), or both. 

‘‘(B) REVIEW.—Not later than 120 days of receipt of an 

explanation submitted under subparagraph (A), the Secretary, after consulting with the owner or operator of the 

covered chemical facility who submitted such explanation, 

as well as experts in the subjects of environmental health 

and safety, security, chemistry, design and engineering, 

process controls and implementation, maintenance, production and operations, chemical process safety, and occupational health, as appropriate, shall provide to the owner 

or operator a written determination, in his or her discretion, of whether implementation shall be required pursuant to paragraph (1). If the Secretary determines that implementation is required, the Secretary shall issue an 

order that establishes the basis for such determination, including the findings of the relevant experts, the specific 

methods selected for implementation, and a schedule for 

implementation of the methods at the facility. 

‘‘(c) SECTORAL IMPACTS.— ‘‘(1) GUIDANCE FOR FARM SUPPLIES MERCHANT WHOLE- SALERS.—The Secretary shall provide guidance and, as appropriate, tools, methodologies or computer software, to assist 

farm supplies merchant wholesalers in complying with the requirements of this section. The Secretary may award grants 

to farm supplies merchant wholesalers to assist with compliance with subsection (a), and in awarding such grants, shall 

give priority to farm supplies merchant wholesalers that have 

the greatest need for such grants. 

‘‘(2) ASSESSMENT OF IMPACTS OF COMPLIANCE.—Not later 

than 6 months after the date of the enactment of this title, the 

Secretary shall transmit an assessment of the potential impacts of compliance with provisions of this section regarding 

the assessment and, as appropriate, implementation, of methods to reduce the consequences of a terrorist attack by manufacturers, retailers, aerial commercial applicators, and distributors of pesticide and fertilizer to the Committee on Energy and 

Commerce of the House of Representatives, the Committee on 

Homeland Security of the House of Representatives and the 

Committee on Homeland Security and Governmental Affairs of 

the Senate. Such assessment shall be conducted by the Secretary in consultation with other appropriate Federal agencies 

and shall include the following: 

‘‘(A) Data on the scope of facilities covered by this title, 

including the number and type of manufacturers, retailers, 

aerial commercial applicators and distributors of pesticide 


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and fertilizer required to assess methods to reduce the consequences of a terrorist attack under subsection (a) and 

the number and type of manufacturers, retailers, aerial 

commercial applicators and distributors of pesticide and 

fertilizer assigned to tier 1 or tier 2 by the Secretary because of the potential extent and likelihood of death, injury, and serious adverse effects to human health, the environment, critical infrastructure, public health, homeland 

security, national security, and the national economy from 

the release of a substance of concern at the facility. 

‘‘(B) A survey of known methods, processes or practices, 

other than elimination of or cessation of manufacture of 

the pesticide or fertilizer, that manufacturers, retailers, 

aerial commercial applicators, and distributors of pesticide 

and fertilizer could use to reduce the consequences of a 

terrorist attack, including an assessment of the costs and 

technical feasibility of each such method, process, or practice. 

‘‘(C) An analysis of how the assessment of methods to 

reduce the consequences of a terrorist attack under subsection (a) by manufacturers, retailers, aerial commercial 

applicators, and distributors of pesticide and fertilizer,

and, as appropriate, the implementation of methods to 

reduce the consequences of a terrorist attack by such 

manufacturers, retailers, aerial commercial applicators, 

and distributors of pesticide and fertilizer subject to

subsection (b), are likely to impact other sectors engaged 

in commerce. 

‘‘(D) Recommendations for how to mitigate any adverse 

impacts identified pursuant to subparagraph (C). 

‘‘(3) FARM SUPPLIES MERCHANT WHOLESALER.—In this subsection, the term ‘farm supplies merchant wholesaler’ means a 

covered chemical facility that is primarily engaged in the merchant wholesale distribution of farm supplies, such as animal 

feeds, fertilizers, agricultural chemicals, pesticides, plant seeds, 

and plant bulbs. 

‘‘(d) ASSESSMENT OF IMPACTS ON SMALL COVERED CHEMICAL FA- CILITIES.— 

‘‘(1) IN GENERAL.—Not later than 6 months after the date of 

the enactment of this title, the Secretary shall transmit to the 

Committee on Energy and Commerce of the House of Representatives, the Committee on Homeland Security of the 

House of Representatives, and the Committee on Homeland Security and Governmental Affairs of the Senate an assessment 

of the potential effects on small covered chemical facilities of 

compliance with provisions of this section regarding the assessment and, as appropriate, implementation, of methods to reduce the consequences of a terrorist attack. Such assessment 

shall include— 

‘‘(A) data on the scope of facilities covered by this title, 

including the number and type of small covered chemical 

facilities that are required to assess methods to reduce the 

consequences of a terrorist attack under subsection (a) and 

the number and type of small covered chemical facilities 

assigned to tier 1 or tier 2 under section 2102(c)(1) by the 


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Secretary because of the potential extent and likelihood of 

death, injury, and serious adverse effects to human health, 

the environment, critical infrastructure, public health, 

homeland security, national security, and the national 

economy from the release of a substance of concern at the 

facility; and 

‘‘(B) a discussion of how the Secretary plans to apply the 

requirement that before requiring a small covered chemical facility that is required to implement methods to reduce the consequences of a terrorist attack under subsection (b) the Secretary shall first determine that the implementation of such methods at the small covered chemical facility not significantly and demonstrably impair the 

ability of the owner or operator of the covered chemical facility to continue the business of the facility at its location. 

‘‘(2) DEFINITION.—For purposes of this subsection, the term 

‘small covered chemical facility’ means a covered chemical facility that has fewer than 350 employees employed at the covered chemical facility, and is not a branch or subsidiary of another entity. 

‘‘(e) PROVISION OF INFORMATION ON ALTERNATIVE APPROACHES.— 

‘‘(1) IN GENERAL.—The Secretary shall make available information on the use and availability of methods to reduce the 

consequences of a chemical facility terrorist incident. 

‘‘(2) INFORMATION TO BE INCLUDED.—The information under 

paragraph (1) may include information about— 

‘‘(A) general and specific types of such methods; 

‘‘(B) combinations of chemical sources, substances of concern, and hazardous processes or conditions for which such 

methods could be appropriate; 

‘‘(C) the availability of specific methods to reduce the 

consequences of a terrorist attack; 

‘‘(D) the costs and cost savings resulting from the use of 

such methods; 

‘‘(E) emerging technologies that could be transferred 

from research models or prototypes to practical applications; 

‘‘(F) the availability of technical assistance and best 

practices; and 

‘‘(G) such other matters that the Secretary determines 

are appropriate. 

‘‘(3) PUBLIC AVAILABILITY.—Information made available 

under this subsection shall not identify any specific chemical 

facility, violate the protection of information provisions under 

section 2110, or disclose any proprietary information. 

‘‘(f) FUNDING FOR METHODS TO REDUCE THE CONSEQUENCES OF

A TERRORIST ATTACK.—The Secretary may make funds available to 

help defray the cost of implementing methods to reduce the consequences of a terrorist attack to covered chemical facilities that 

are required by the Secretary to implement such methods. 

‘‘SEC. 2112. APPLICABILITY. 

‘‘This title shall not apply to— 

‘‘(1) any chemical facility that is owned and operated by the 

Secretary of Defense; 


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‘‘(2) the transportation in commerce, including incidental 

storage, of any substance of concern regulated as a hazardous 

material under chapter 51 of title 49, United States Code; 

‘‘(3) all or a specified portion of any chemical facility that— 

‘‘(A) is subject to regulation by the Nuclear Regulatory 

Commission (hereinafter in this paragraph referred to as 

the ‘Commission’) or a State that has entered into an 

agreement with the Commission under section 274 b. of 

the Atomic Energy Act of 1954 (42 U.S.C. 2021 b.); 

‘‘(B) has had security controls imposed by the Commission or State, whichever has the regulatory authority, on 

the entire facility or the specified portion of the facility; 

and 

‘‘(C) has been designated by the Commission, after consultation with the State, if any, that regulates the facility, 

and the Secretary, as excluded from the application of this 

title; 

‘‘(4) any public water system subject to the Safe Drinking 

Water Act (42 U.S.C. 300f et seq.); or 

‘‘(5) any treatment works, as defined in section 212 of the 

Federal Water Pollution Control Act (33 U.S.C. 1292). 

‘‘SEC. 2113. SAVINGS CLAUSE. 

‘‘(a) IN GENERAL.—Nothing in this title shall affect or modify in 

any way any obligation or liability of any person under any other 

Federal law, including section 112 of the Clean Air Act (42 U.S.C. 

7412), the Federal Water Pollution Control Act (33 U.S.C. 1251 et 

seq.), the Resource Conservation and Recovery Act of 1976 (42 

U.S.C. 6901 et seq.), the National Environmental Policy Act of 1969 

(42 U.S.C. 4321 et seq.), the Occupational Safety and Health Act 

(29 U.S.C. 651 et seq.), the National Labor Relations Act (29 U.S.C. 

151 et seq.), the Emergency Planning and Community Right to 

Know Act of 1996 (42 U.S.C. 11001 et seq.), the Safe Drinking 

Water Act (42 U.S.C. 300f et seq.), the Maritime Transportation Security Act of 2002 (Public Law 107–295), the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 

U.S.C. 9601 et seq.), the Toxic Substances Control Act (15 U.S.C. 

2601 et seq.), and the Fair Credit Reporting Act (15 U.S.C. 1681 

et seq.). 

‘‘(b) OTHER REQUIREMENTS.—Nothing in this title shall preclude 

or deny the right of any State or political subdivision thereof to 

adopt or enforce any regulation, requirement, or standard of performance relating to environmental protection, health, or safety. 

‘‘(c) ACCESS.—Nothing in this title shall abridge or deny access 

to a chemical facility site to any person where required or permitted under any other law or regulation. 

‘‘SEC. 2114. OFFICE OF CHEMICAL FACILITY SECURITY. 

‘‘(a) IN GENERAL.—There is established in the Department an Office of Chemical Facility Security, headed by a Director, who shall 

be a member of the Senior Executive Service in accordance with 

subchapter VI of chapter 53 of title 5, United States Code, under 

section 5382 of that title, and who shall be responsible for carrying 

out the responsibilities of the Secretary under this title. 

‘‘(b) PROFESSIONAL QUALIFICATIONS.—The individual selected by 

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curity shall have professional qualifications and experience necessary for effectively directing the Office of Chemical Facility Security and carrying out the requirements of this title, including a 

demonstrated knowledge of physical infrastructure protection, cybersecurity, chemical facility security, hazard analysis, chemical 

process engineering, chemical process safety reviews, or other such 

qualifications that the Secretary determines to be necessary. 

‘‘(c) SELECTION PROCESS.—The Secretary shall make a reasonable 

effort to select an individual to serve as the Director from among 

a group of candidates that is diverse with respect to race, ethnicity, 

age, gender, and disability characteristics and submit to the Committee on Homeland Security and the Committee on Energy and 

Commerce of the House of Representatives and the Committee on 

Homeland Security and Governmental Affairs of the Senate information on the selection process, including details on efforts to assure diversity among the candidates considered for this position. 

‘‘SEC. 2115. SECURITY BACKGROUND CHECKS OF COVERED INDIVIDUALS AT CERTAIN CHEMICAL FACILITIES. 

‘‘(a) REGULATIONS ISSUED BY THE SECRETARY.— ‘‘(1) IN GENERAL.— ‘‘(A) REQUIREMENT.—The Secretary shall issue regulations to require covered chemical facilities to establish personnel surety for individuals described in subparagraph 

(B) by conducting appropriate security background checks 

and ensuring appropriate credentials for unescorted visitors and chemical facility personnel, including permanent 

and part-time personnel, temporary personnel, and contract personnel, including— 

‘‘(i) measures designed to verify and validate identity; 

‘‘(ii) measures designed to check criminal history; 

‘‘(iii) measures designed to verify and validate legal 

authorization to work; and 

‘‘(iv) measures designed to identify people with terrorist ties. 

‘‘(B) INDIVIDUALS DESCRIBED.—For purposes of subparagraph (A), an individual described in this subparagraph 

is— 

‘‘(i) a covered individual who has unescorted access 

to restricted areas or critical assets or who is provided 

with a copy of a security vulnerability assessment or 

site security plan; 

‘‘(ii) a person associated with a covered chemical facility, including any designated employee representative, who is provided with a copy of a security vulnerability assessment or site security plan; or 

‘‘(iii) a person who is determined by the Secretary to 

require a security background check based on chemical 

facility security performance standards. 

‘‘(2) REGULATIONS.—The regulations required by paragraph 

(1) shall set forth— 

‘‘(A) the scope of the security background checks, including the types of disqualifying offenses and the time period 

covered for each person subject to a security background 

check under paragraph (1); 


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‘‘(B) the processes to conduct the security background 

checks; 

‘‘(C) the necessary biographical information and other 

data required in order to conduct the security background 

checks; 

‘‘(D) a redress process for an adversely-affected person 

consistent with subsections (b) and (c); and 

‘‘(E) a prohibition on an owner or operator of a covered 

chemical facility misrepresenting to an employee or other 

relevant person, including an arbiter involved in a labor 

arbitration, the scope, application, or meaning of any rules, 

regulations, directives, or guidance issued by the Secretary 

related to security background check requirements for covered individuals when conducting a security background 

check. 

‘‘(b) MISREPRESENTATION OF ADVERSE EMPLOYMENT DECISIONS.— The regulations required by subsection (a)(1) shall set forth that it 

shall be a misrepresentation under subsection (a)(2)(E) to attribute 

an adverse employment decision, including removal or suspension 

of the employee, to such regulations unless the owner or operator 

finds, after opportunity for appropriate redress under the processes 

provided under subsection (c)(1) and (c)(2), that the person subject 

to such adverse employment decision— 

‘‘(1) has been convicted of, has been found not guilty of by 

reason of insanity, or is under want, warrant, or indictment 

for, a permanent disqualifying criminal offense listed in part 

1572 of title 49, Code of Federal Regulations; 

‘‘(2) was convicted of, or found not guilty of by reason of insanity, an interim disqualifying criminal offense listed in part 

1572 of title 49, Code of Federal Regulations, within 7 years 

of the date on which the covered chemical facility performs the 

security background check; 

‘‘(3) was incarcerated for an interim disqualifying criminal 

offense listed in part 1572 of title 49, Code of Federal Regulations, and released from incarceration within 5 years of the 

date that the chemical facility performs the security background check; 

‘‘(4) is determined by the Secretary to be on the consolidated 

terrorist watchlist; or 

‘‘(5) is determined, as a result of the security background 

check, not to be legally authorized to work in the United 

States. 

‘‘(c) REDRESS PROCESSES.—Upon the issuance of regulations 

under subsection (a), the Secretary shall— 

‘‘(1) require the owner or operator to provide an adequate 

and prompt redress process for a person subject to a security 

background check under subsection (a)(1) who is subjected to 

an adverse employment decision, including removal or suspension of the employee, due to such regulations that is consistent 

with the appeals process established for employees subject to 

consumer reports under the Fair Credit Reporting Act (15 

U.S.C. 1681 et seq.), as in force on the date of the enactment 

of this title; 

‘‘(2) provide an adequate and prompt redress process for a 

person subject to a security background check under subsection 


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(a)(1) who is subjected to an adverse employment decision, including removal or suspension of the employee, due to a determination by the Secretary under subsection (b)(4), that is consistent with the appeals process established under section 

70105(c) of title 46, United States Code, including all rights to 

hearings before an administrative law judge, scope of review, 

and a review of an unclassified summary of classified evidence 

equivalent to the summary provided in part 1515 of title 49, 

Code of Federal Regulations; 

‘‘(3) provide an adequate and prompt redress process for a 

person subject to a security background check under subsection 

(a)(1) who is subjected to an adverse employment decision, including removal or suspension of the employee, due to a violation of subsection (a)(2)(E), which shall not preclude the exercise of any other rights available under collective bargaining 

agreements or applicable laws; 

‘‘(4) establish a reconsideration process described in subsection (d) for a person subject to an adverse employment decision that was attributed by an owner or operator to the regulations required by subsection (a)(1); 

‘‘(5) have the authority to order an appropriate remedy, including reinstatement of the person subject to a security background check under subsection (a)(1), if the Secretary determines that the adverse employment decision was made in violation of the regulations required under subsection (a)(1) or as 

a result of an erroneous determination by the Secretary under 

subsection (b)(4); 

‘‘(6) ensure that the redress processes required under paragraphs (1), (2), or (3) afford to the person a full disclosure of 

any public-record event covered by subsection (b) that provides 

the basis for an adverse employment decision; and 

‘‘(7) ensure that the person subject to a security background 

check under subsection (a)(1) receives the person’s full wages 

and benefits until all redress processes under this subsection 

are exhausted. 

‘‘(d) RECONSIDERATION PROCESS.— ‘‘(1) IN GENERAL.—The reconsideration process required 

under subsection (c)(4) shall— 

‘‘(A) require the Secretary to determine, within 30 days 

after receiving a petition submitted by a person subject to 

an adverse employment decision that was attributed by an 

owner or operator to the regulations required by subsection (a)(1), whether such person poses a security risk to 

the covered chemical facility; and 

‘‘(B) include procedures consistent with section 70105(c) 

of title 46, United States Code, including all rights to hearings before an administrative law judge, scope of review, 

and a review of an unclassified summary of classified evidence equivalent to the summary provided in part 1515 of 

title 49, Code of Federal Regulations. 

‘‘(2) DETERMINATION BY THE SECRETARY.—In making a determination described under paragraph (1)(A), the Secretary 

shall— 

‘‘(A) give consideration to the circumstance of any disqualifying act or offense, restitution made by the person, 


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Federal and State mitigation remedies, and other factors 

from which it may be concluded that the person does not 

pose a security risk to the covered chemical facility; and 

‘‘(B) provide his or her determination as to whether such 

person poses a security risk to the covered chemical facility 

to the petitioner and to the owner or operator of the covered chemical facility. 

‘‘(3) OWNER OR OPERATOR RECONSIDERATION.—If the Secretary determines pursuant to paragraph (1)(A) that the person does not pose a security risk to the covered chemical facility, it shall thereafter constitute a prohibited misrepresentation for the owner or operator of the covered chemical facility 

to continue to attribute the adverse employment decision to the 

regulations under subsection (a)(1). 

‘‘(e) RESTRICTIONS ON USE AND MAINTENANCE OF INFORMATION.— 

Information obtained under this section by the Secretary or the 

owner or operator of a covered chemical facility shall be handled 

as follows: 

‘‘(1) Such information may not be made available to the public. 

‘‘(2) Such information may not be accessed by employees of 

the facility except for such employees who are directly involved 

with collecting the information or conducting or evaluating security background checks. 

‘‘(3) Such information shall be maintained confidentially by 

the facility and the Secretary and may be used only for making 

determinations under this section. 

‘‘(4) The Secretary may share such information with other 

Federal, State, local, and tribal law enforcement agencies. 

‘‘(f) SAVINGS CLAUSE.— 

‘‘(1) RIGHTS AND RESPONSIBILITIES.—Nothing in this section 

shall be construed to abridge any right or responsibility of a 

person subject to a security background check under subsection 

(a)(1) or an owner or operator of a covered chemical facility 

under any other Federal, State, local, or tribal law or collective 

bargaining agreement. 

‘‘(2) EXISTING RIGHTS.—Nothing in this section shall be construed as creating any new right or modifying any existing 

right of an individual to appeal a determination by the Secretary as a result of a check against a terrorist watch list. 

‘‘(g) PREEMPTION.—Nothing in this section shall be construed to 

preempt, alter, or affect a Federal, State, local, or tribal law that 

requires criminal history background checks, checks on the authorization of an individual to work in the United States, or other background checks of persons subject to security background checks 

under subsection (a)(1). 

‘‘(h) DEFINITION OF SECURITY BACKGROUND CHECK.—The term 

‘security background check’ means a review at no cost to any person subject to a security background check under subsection (a)(1) 

of the following for the purpose of identifying individuals who may 

pose a threat to chemical facility security, to national security, or 

of terrorism: 

‘‘(1) Relevant databases to verify and validate identity. 

‘‘(2) Relevant criminal history databases. 


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‘‘(3) In the case of an alien (as defined in section 101 of the 

Immigration and Nationality Act (8 U.S.C. 1101(a)(3))), the relevant databases to determine the status of the alien under the 

immigration laws of the United States. 

‘‘(4) The consolidated terrorist watchlist. 

‘‘(5) Other relevant information or databases, as determined 

by the Secretary. 

‘‘(i) DEPARTMENT-CONDUCTED SECURITY BACKGROUND CHECK.— The regulations under subsection (a)(1) shall set forth a process by 

which the Secretary, on an ongoing basis, shall determine whether 

alternate security background checks conducted by the Department 

are sufficient to meet the requirements of this section such that no 

additional security background check under this section is required 

for an individual for whom such a qualifying alternate security 

background check was conducted. The Secretary may require the 

owner or operator of a covered chemical facility to which the individual will have unescorted access to sensitive or restricted areas 

to submit identifying information about the individual and the alternate security background check conducted for that individual to 

the Secretary in order to enable the Secretary to verify the validity 

of the alternate security background check. Such regulations shall 

provide that no security background check under this section is required for an individual holding a transportation security card 

issued under section 70105 of title 46, United States Code. 

‘‘(j) TERMINATION OF EMPLOYMENT.—If, as the result of a security 

background check, an owner or operator of a covered chemical facility finds that a covered individual is not legally authorized to work 

in the United States, the owner or operator shall cease to employ 

the covered individual, subject to the appropriate redress processes 

available to such individual under this section. 

‘‘SEC. 2116. CITIZEN ENFORCEMENT. 

‘‘(a) IN GENERAL.—Except as provided in subsection (c), any person may commence a civil action on such person’s own behalf— 

‘‘(1) against any governmental entity (including the United 

States and any other governmental instrumentality or agency, 

to the extent permitted by the eleventh amendment to the 

Constitution, and any federally owned-contractor operated facility) alleged to be in violation of any order that has become 

effective pursuant to this title; or 

‘‘(2) against the Secretary, for an alleged failure to perform 

any act or duty under this title that is not discretionary for the 

Secretary. 

‘‘(b) COURT OF JURISDICTION.— 

‘‘(1) IN GENERAL.—Any action under subsection (a)(1) shall be 

brought in the district court for the district in which the alleged violation occurred. Any action brought under subsection 

(a)(2) may be brought in the district court for the district in 

which the alleged violation occurred or in the United States 

District Court for the District of Columbia. 

‘‘(2) RELIEF.—The district court shall have jurisdiction, without regard to the amount in controversy or the citizenship of 

the parties to enforce the order referred to in subsection (a)(1), 

to order such governmental entity to take such action as may 

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tionary act or duty, and to order any civil penalties, as appropriate, under section 2107. 

‘‘(c) ACTIONS PROHIBITED.—No action may be commenced under 

subsection (a) prior to 60 days after the date on which the person 

commencing the action has given notice of the alleged violation to— 

‘‘(1) the Secretary; and 

‘‘(2) in the case of an action under subsection (a)(1), any governmental entity alleged to be in violation of an order. 

‘‘(d) NOTICE.—Notice under this section shall be given in such 

manner as the Secretary shall prescribe by regulation. 

‘‘(e) INTERVENTION.—In any action under this section, the Secretary, if not a party, may intervene as a matter of right. 

‘‘(f) COSTS; BOND.—The court, in issuing any final order in any 

action brought pursuant to this section, may award costs of litigation (including reasonable attorney and expert witness fees) to the 

prevailing or substantially prevailing party, whenever the court determines such an award is appropriate. The court may, if a temporary restraining order or preliminary injunction is sought, require the filing of a bond or equivalent security in accordance with 

the Federal Rules of Civil Procedure. 

‘‘(g) OTHER RIGHTS PRESERVED.—Nothing in this section shall restrict any right which any person (or class of persons) may have 

under any statute or common law. 

‘‘SEC. 2117. CITIZEN PETITIONS. 

‘‘(a) REGULATIONS.—The Secretary shall issue regulations to establish a citizen petition process for petitions described in subsection (b). Such regulations shall include— 

‘‘(1) the format for such petitions; 

‘‘(2) the procedure for investigation of petitions; 

‘‘(3) the procedure for response to such petitions, including 

timelines; and 

‘‘(4) the procedure for referral to and review by the Office of 

the Inspector General of the Department without deference to 

the Secretary’s determination with respect to the petition; and 

‘‘(5) the procedure for rejection or acceptance by the Secretary of the recommendation of the Office of the Inspector 

General. 

‘‘(b) PETITIONS.—The regulations issued pursuant to subsection 

(a) shall allow any person to file a petition with the Secretary— 

‘‘(1) identifying any person (including the United States and 

any other governmental instrumentality or agency, to the extent permitted by the eleventh amendment to the Constitution) 

alleged to be in violation of any standard, regulation, condition, 

requirement, prohibition, plan, or order that has become effective under this title; and 

‘‘(2) describing the alleged violation of any standard, regulation, condition, requirement, prohibition, plan, or order that 

has become effective under this title by that person. 

‘‘(c) REQUIREMENTS.—Upon issuance of regulations under subsection (a), the Secretary shall— 

‘‘(1) accept all petitions described under subsection (b) that 

meet the requirements of the regulations promulgated under 

subsection (a); 

‘‘(2) investigate all allegations contained in accepted petitions; 


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‘‘(3) determine whether enforcement action will be taken concerning the alleged violation or violations; 

‘‘(4) respond to all accepted petitions promptly and in writing; 

‘‘(5) include in all responses to petitions a brief and concise 

statement, to the extent permitted under section 2110, of the 

allegations, the steps taken to investigate, the determination 

made, and the reasons for such determination; 

‘‘(6) maintain an internal record including all protected information related to the determination; and 

‘‘(7) with respect to any petition for which the Secretary has 

not made a timely response or the Secretary’s response is unsatisfactory to the petitioner, provide the petitioner with the 

opportunity to request— 

‘‘(A) a review of the full record by the Inspector General 

of the Department, including a review of protected information; and 

‘‘(B) the formulation of recommendations by the Inspector General and submittal of such recommendations to the 

Secretary and, to the extent permitted under section 2110, 

to the petitioner; and 

‘‘(8) respond to a recommendation submitted by the Inspector 

General under paragraph (7) by adopting or rejecting the recommendation. 

‘‘SEC. 2118. NOTIFICATION SYSTEM TO ADDRESS PUBLIC CONCERNS. 

‘‘(a) ESTABLISHMENT.—The Secretary shall establish a notification system, which shall provide any individual the ability to report 

a suspected security deficiency or suspected non-compliance with 

this title. Such notification system shall provide for the ability to 

report the suspected security deficiency or non-compliance via telephonic and Internet-based means. 

‘‘(b) ACKNOWLEDGMENT.—When the Secretary receives a report 

through the notification system established under subsection (a), 

the Secretary shall respond to such report in a timely manner, but 

in no case shall the Secretary respond to such a report later than 

30 days after receipt of the report. 

‘‘(c) STEPS TO ADDRESS PROBLEMS.—The Secretary shall review 

each report received through the notification system established 

under subsection (a) and shall, as necessary, take appropriate enforcement action under section 2107. 

‘‘(d) FEEDBACK REQUIRED.—Upon request, the Secretary shall 

provide the individual who reported the suspected security deficiency or non-compliance through the notification system established under subsection (a) a written response that includes the 

Secretary’s findings with respect to the report submitted by the individual and what, if any, compliance action was taken in response 

to such report. 

‘‘(e) INSPECTOR GENERAL REPORT REQUIRED.—The Inspector General of the Department shall submit to the Committee on Homeland Security and the Committee on Energy and Commerce of the 

House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate an annual report on 

the reports received under the notification system established 

under subsection (a) and the Secretary’s disposition of such reports. 


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‘‘SEC. 2119. ANNUAL REPORT TO CONGRESS. 

‘‘(a) ANNUAL REPORT.—Not later than one year after the date of 

the enactment of this title, annually thereafter for the next four 

years, and biennially thereafter, the Secretary shall submit to the 

Committee on Homeland Security and the Committee on Energy 

and Commerce of the House of Representatives and the Committee 

on Homeland Security and Governmental Affairs of the Senate a 

report on progress in achieving compliance with this title. Each 

such report shall include the following: 

‘‘(1) A qualitative discussion of how covered chemical facilities, differentiated by tier, have reduced the risks of chemical 

facility terrorist incidents at such facilities, including— 

‘‘(A) a generalized summary of measures implemented by 

covered chemical facilities in order to meet each risk-based 

chemical facility performance standard established by this 

title, and those that the facilities already had in place— 

‘‘(i) in the case of the first report under this section, 

before the issuance of the final rule implementing the 

regulations known as the ‘Chemical Facility Anti-Terrorism Standards’, issued on April 9, 2007; and 

‘‘(ii) in the case of each subsequent report, since the 

submittal of the most recent report submitted under 

this section; and 

‘‘(B) any other generalized summary the Secretary 

deems appropriate to describe the measures covered chemical facilities are implementing to comply with the requirements of this title. 

‘‘(2) A quantitative summary of how the covered chemical facilities, differentiated by tier, are complying with the requirements of this title during the period covered by the report and 

how the Secretary is implementing and enforcing such requirements during such period, including— 

‘‘(A) the number of chemical facilities that provided the 

Secretary with information about possessing substances of 

concern, as described in section 2102(b)(2); 

‘‘(B) the number of covered chemical facilities assigned to 

each tier; 

‘‘(C) the number of security vulnerability assessments 

and site security plans submitted by covered chemical facilities; 

‘‘(D) the number of security vulnerability assessments 

and site security plans approved and disapproved by the 

Secretary; 

‘‘(E) the number of covered chemical facilities without 

approved security vulnerability assessments or site security plans; 

‘‘(F) the number of chemical facilities that have been assigned to a different tier or are no longer regulated by the 

Secretary due to implementation of a method to reduce the 

consequences of a terrorist attack and a description of such 

implemented methods; 

‘‘(G) the number of orders for compliance issued by the 

Secretary; 


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‘‘(H) the administrative penalties assessed by the Secretary for non-compliance with the requirements of this 

title; 

‘‘(I) the civil penalties assessed by the court for non-compliance with the requirements of this title; 

‘‘(J) the number of terrorist watchlist checks conducted 

by the Secretary in order to comply with the requirements 

of this title, the number of appeals conducted by the Secretary pursuant to the processes described under paragraphs (2), (3) and (4) of section 2115(c), aggregate information regarding the time taken for such appeals, aggregate information regarding the manner in which such appeals were resolved, and, based on information provided to 

the Secretary annually by each owner or operator of a covered chemical facility, the number of persons subjected to 

adverse employment decisions that were attributed by the 

owner or operator to the regulations required by section 

2115; and 

‘‘(K) any other regulatory data the Secretary deems appropriate to describe facility compliance with the requirements of this title and the Secretary’s implementation of 

such requirements. 

‘‘(b) PUBLIC AVAILABILITY.—A report submitted under this section 

shall be made publicly available. 

‘‘SEC. 2120. AUTHORIZATION OF APPROPRIATIONS. 

‘‘There is authorized to be appropriated to the Secretary of 

Homeland Security to carry out this title— 

‘‘(1) $325,000,000 for fiscal year 2011, of which $100,000,000 

shall be made available to provide funding for methods to reduce the consequences of a terrorist attack, of which up to 

$3,000,000 shall be made available for grants authorized under 

section 2111(c)(1); 

‘‘(2) $300,000,000 for fiscal year 2012, of which $75,000,000 

shall be made available to provide funding for methods to reduce the consequences of a terrorist attack, of which up to 

$3,000,000 shall be made available for grants authorized under 

section 2111(c)(1); and 

‘‘(3) $275,000,000 for fiscal year 2013, of which $50,000,000 

shall be made available to provide funding for methods to reduce the consequences of a terrorist attack, of which up to 

$3,000,000 shall be made available for grants authorized under 

section 2111(c)(1).’’. 

(b) CLERICAL AMENDMENT.—The table of contents in section 1(b) 

of such Act is amended by adding at the end the following: 

‘‘TITLE XXI—REGULATION OF SECURITY PRACTICES AT CHEMICAL 

FACILITIES 

‘‘Sec. 2101. Definitions. 

‘‘Sec. 2102. Risk-based designation and ranking of chemical facilities. 

‘‘Sec. 2103. Security vulnerability assessments and site security plans. 

‘‘Sec. 2104. Site inspections. 

‘‘Sec. 2105. Records. 

‘‘Sec. 2106. Timely sharing of threat information. 

‘‘Sec. 2107. Enforcement. 

‘‘Sec. 2108. Whistleblower protections. 

‘‘Sec. 2109. Federal preemption. 

‘‘Sec. 2110. Protection of information. 


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‘‘Sec. 2111. Methods to reduce the consequences of a terrorist attack. 

‘‘Sec. 2112. Applicability. 

‘‘Sec. 2113. Savings clause. 

‘‘Sec. 2114. Office of Chemical Facility Security. 

‘‘Sec. 2115. Security background checks of covered individuals at certain chemical 

facilities. 

‘‘Sec. 2116. Citizen enforcement. 

‘‘Sec. 2117. Citizen petitions. 

‘‘Sec. 2118. Notification system to address public concerns. 

‘‘Sec. 2119. Annual report to Congress. 

‘‘Sec. 2120. Authorization of appropriations.’’. 

(c) CONFORMING REPEAL.— 

(1) REPEAL.—The Department of Homeland Security Appropriations Act, 2007 (Public Law 109–295) is amended by striking section 550. 

(2) EFFECTIVE DATE.—The amendment made by paragraph 

(1) shall take effect on the date of the enactment of this title. 

(d) REGULATIONS.— 

(1) DEADLINE.—The Secretary shall issue proposed rules to 

carry out title XXI of the Homeland Security Act of 2002, as 

added by subsection (a), by not later than 6 months after the 

date of the enactment of this Act, and shall issue final rules 

to carry out such title by not later than 18 months after the 

date of the enactment of this Act. 

(2) CONSULTATION.—In developing and implementing the 

rules required under paragraph (1), the Secretary shall consult 

with the Administrator of the Environmental Protection Agency, and other persons, as appropriate, regarding— 

(A) the designation of substances of concern; 

(B) methods to reduce the consequences of a terrorist attack; 

(C) security at drinking water facilities and wastewater 

treatment works; 

(D) the treatment of protected information; and 

(E) such other matters as the Secretary determines necessary. 

(3) SENSE OF CONGRESS REGARDING CFATS.—It is the sense of 

Congress that the Secretary of Homeland Security was granted 

statutory authority under section 550 of the Department of 

Homeland Security Appropriations Act (Public Law 109–295) 

to regulate security practices at chemical facilities until October 1, 2009. Pursuant to that section the Secretary prescribed 

regulations known as the Chemical Facility Anti-Terrorism 

Standards, or ‘‘CFATS’’ (referred to in this section as ‘‘CFATS 

regulations’’). 

(4) INTERIM USE AND AMENDMENT OF CFATS.—Until the final 

rules prescribed pursuant to paragraph (1) take effect, in carrying out title XXI of the Homeland Security Act of 2002, as 

added by subsection (a), the Secretary may, to the extent the 

Secretary determines appropriate— 

(A) continue to carry out the CFATS regulations, as in 

effect immediately before the date of the enactment of this 

title; 

(B) amend any of such regulations as may be necessary 

to ensure that such regulations are consistent with the requirements of this title and the amendments made by this 

title; and 


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(C) continue using any tools developed for purposes of 

such regulations, including the list of substances of concern, usually referred to as ‘‘Appendix A’’, and the chemical security assessment tool (which includes facility registration, a top-screen questionnaire, a security vulnerability assessment tool, a site security plan template, and 

a chemical vulnerability information repository). 

(5) UPDATE OF FACILITY PLANS ASSESSMENTS AND PLANS PREPARED UNDER CFATS.—The owner or operator of a covered 

chemical facility, who, before the effective date of the final regulations issued under title XXI of the Homeland Security Act 

of 2002, as added by subsection (a), submits a security vulnerability assessment or site security plan under the CFATS regulations, shall be required to update or amend the facility’s security vulnerability assessment and site security plan to reflect 

any additional requirements of this title or the amendments 

made by this title, according to a timeline established by the 

Secretary. 

(e) REVIEW OF DESIGNATION OF SODIUM FLUOROACETATE AS A

SUBSTANCE OF CONCERN.—The Secretary of Homeland Security 

shall review the designation of sodium fluoroacetate as a substance 

of concern pursuant to subsection (d) of section 2102 of the Homeland Security Act of 2002, as added by subsection (a), by the earlier 

of the following dates: 

(1) The date of the first periodic review conducted pursuant 

to such subsection after the date of the enactment of this title. 

(2) The date that is one year after the date of the enactment 

of this title. 

TITLE II—DRINKING WATER SECURITY 

SEC. 201. SHORT TITLE. 

This title may be cited as the ‘‘Drinking Water System Security 

Act of 2009’’. 

SEC. 202. INTENTIONAL ACTS AFFECTING THE SECURITY OF COVERED 

WATER SYSTEMS. 

(a) AMENDMENT OF SAFE DRINKING WATER ACT.—Section 1433 of 

the Safe Drinking Water Act (42 U.S.C. 300i–2) is amended to read 

as follows: 

‘‘SEC. 1433. INTENTIONAL ACTS. 

‘‘(a) RISK-BASED PERFORMANCE STANDARDS; VULNERABILITY ASSESSMENTS; SITE SECURITY PLANS; EMERGENCY RESPONSE PLANS.— 

‘‘(1) IN GENERAL.—The Administrator shall issue regulations— 

‘‘(A) establishing risk-based performance standards for 

the security of covered water systems; and 

‘‘(B) establishing requirements and deadlines for each 

covered water system— 

‘‘(i) to conduct a vulnerability assessment or, if the 

system already has a vulnerability assessment, to revise the assessment to be in accordance with this section, and submit such assessment to the Administrator; 


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‘‘(ii) to update the vulnerability assessment not less 

than every 5 years and promptly after any change at 

the system that could cause the reassignment of the 

system to a different risk-based tier under subsection 

(d); 

‘‘(iii) to develop, implement, and, as appropriate, revise a site security plan not less than every 5 years 

and promptly after a revision to the vulnerability assessment and submit such plan to the Administrator; 

‘‘(iv) to develop an emergency response plan (or, if 

the system has already developed an emergency response plan, to revise the plan to be in accordance 

with this section) and revise the plan not less than 

every 5 years thereafter; and 

‘‘(v) to provide annual training to employees and 

contractor employees of covered water systems on implementing site security plans and emergency response plans. 

‘‘(2) COVERED WATER SYSTEMS.—For purposes of this section, 

the term ‘covered water system’ means a public water system 

that— 

‘‘(A) is a community water system serving a population 

greater than 3,300; or 

‘‘(B) in the discretion of the Administrator, presents a security risk making regulation under this section appropriate. 

‘‘(3) CONSULTATION WITH STATE AUTHORITIES.—In developing 

and carrying out the regulations under paragraph (1), the Administrator shall consult with States exercising primary enforcement responsibility for public water systems. 

‘‘(4) CONSULTATION WITH OTHER PERSONS.—In developing and 

carrying out the regulations under paragraph (1), the Administrator shall consult with the Secretary of Homeland Security, 

and, as appropriate, other persons regarding— 

‘‘(A) provision of threat-related and other baseline information to covered water systems; 

‘‘(B) designation of substances of concern; 

‘‘(C) development of risk-based performance standards; 

‘‘(D) establishment of risk-based tiers and process for the 

assignment of covered water systems to risk-based tiers; 

‘‘(E) process for the development and evaluation of vulnerability assessments, site security plans, and emergency 

response plans; 

‘‘(F) treatment of protected information; and 

‘‘(G) such other matters as the Administrator determines 

necessary. 

‘‘(5) SUBSTANCES OF CONCERN.—For purposes of this section, 

the Administrator, in consultation with the Secretary of Homeland Security— 

‘‘(A) may designate any chemical substance as a substance of concern; 

‘‘(B) at the time any substance is designated pursuant to 

subparagraph (A), shall establish by rule a threshold 

quantity for the release or theft of the substance, taking 

into account the toxicity, reactivity, volatility, 


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dispersability, combustibility, and flammability of the substance and the amount of the substance that, as a result 

of a release, is known to cause or may be reasonably anticipated to cause death, injury, or serious adverse effects 

to human health or the environment; and 

‘‘(C) in making such a designation, shall take into account appendix A to part 27 of title 6, Code of Federal Regulations (or any successor regulations). 

‘‘(6) BASELINE INFORMATION.—The Administrator, after consultation with appropriate departments and agencies of the 

Federal Government and with State, local, and tribal governments, shall, for purposes of facilitating compliance with the 

requirements of this section, promptly after the effective date 

of the regulations under subsection (a)(1) and as appropriate 

thereafter, provide baseline information to covered water systems regarding which kinds of intentional acts are the probable threats to— 

‘‘(A) substantially disrupt the ability of the system to 

provide a safe and reliable supply of drinking water; 

‘‘(B) cause the release of a substance of concern at the 

covered water system; or 

‘‘(C) cause the theft, misuse, or misappropriation of a 

substance of concern. 

‘‘(b) RISK-BASED PERFORMANCE STANDARDS.—The regulations 

under subsection (a)(1) shall set forth risk-based performance 

standards for site security plans required by this section. The 

standards shall be separate and, as appropriate, increasingly stringent based on the level of risk associated with the covered water 

system’s risk-based tier assignment under subsection (d). In developing such standards, the Administrator shall take into account 

section 27.230 of title 6, Code of Federal Regulations (or any successor regulations). 

‘‘(c) VULNERABILITY ASSESSMENT.—The regulations under subsection (a)(1) shall require each covered water system to assess the 

system’s vulnerability to a range of intentional acts, including an 

intentional act that results in a release of a substance of concern 

that is known to cause or may be reasonably anticipated to cause 

death, injury, or serious adverse effects to human health or the environment. At a minimum, the vulnerability assessment shall include a review of— 

‘‘(1) pipes and constructed conveyances; 

‘‘(2) physical barriers; 

‘‘(3) water collection, pretreatment, treatment, storage, and 

distribution facilities, including fire hydrants; 

‘‘(4) electronic, computer, and other automated systems that 

are used by the covered water system; 

‘‘(5) the use, storage, or handling of various chemicals, including substances of concern; 

‘‘(6) the operation and maintenance of the covered water system; and 

‘‘(7) the covered water system’s resiliency and ability to ensure continuity of operations in the event of a disruption 

caused by an intentional act. 


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‘‘(d) RISK-BASED TIERS.—The regulations under subsection (a)(1) 

shall provide for 4 risk-based tiers applicable to covered water systems, with tier one representing the highest degree of security risk. 

‘‘(1) ASSIGNMENT OF RISK-BASED TIERS.— 

‘‘(A) SUBMISSION OF INFORMATION.—The Administrator 

may require a covered water system to submit information 

in order to determine the appropriate risk-based tier for 

the covered water system. 

‘‘(B) FACTORS TO CONSIDER.—The Administrator shall assign (and reassign when appropriate) each covered water 

system to one of the risk-based tiers established pursuant 

to this subsection. In assigning a covered water system to 

a risk-based tier, the Administrator shall consider the potential consequences (such as death, injury, or serious adverse effects to human health, the environment, critical infrastructure, national security, and the national economy) 

from— 

‘‘(i) an intentional act to cause a release, including 

a worst-case release, of a substance of concern at the 

covered water system; 

‘‘(ii) an intentional act to introduce a contaminant 

into the drinking water supply or disrupt the safe and 

reliable supply of drinking water; and 

‘‘(iii) an intentional act to steal, misappropriate, or 

misuse substances of concern. 

‘‘(2) EXPLANATION FOR RISK-BASED TIER ASSIGNMENT.—The 

Administrator shall provide each covered water system assigned to a risk-based tier with the reasons for the tier assignment and whether such system is required to submit an assessment under subsection (g)(2). 

‘‘(e) DEVELOPMENT AND IMPLEMENTATION OF SITE SECURITY

PLANS.—The regulations under subsection (a)(1) shall permit each 

covered water system, in developing and implementing its site security plan required by this section, to select layered security and 

preparedness measures that, in combination, appropriately— 

‘‘(1) address the security risks identified in its vulnerability 

assessment; and 

‘‘(2) comply with the applicable risk-based performance 

standards required under this section. 

‘‘(f) ROLE OF EMPLOYEES.— 

‘‘(1) DESCRIPTION OF ROLE.—Site security plans and emergency response plans required under this section shall describe 

the appropriate roles or responsibilities that employees and 

contractor employees are expected to perform to deter or respond to the intentional acts described in subsection (d)(1)(B). 

‘‘(2) TRAINING FOR EMPLOYEES.—Each covered water system 

shall annually provide employees and contractor employees 

with roles or responsibilities described in paragraph (1) with a 

minimum of 8 hours of training on carrying out those roles or 

responsibilities. 

‘‘(3) EMPLOYEE PARTICIPATION.—In developing, revising, or 

updating a vulnerability assessment, site security plan, and 

emergency response plan required under this section, a covered 

water system shall include— 


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‘‘(A) at least one supervisory and at least one non-supervisory employee of the covered water system; and 

‘‘(B) at least one representative of each certified or recognized bargaining agent representing facility employees or 

contractor employees with roles or responsibilities described in paragraph (1), if any, in a collective bargaining 

relationship with the private or public owner or operator 

of the system or with a contractor to that system.

‘‘(g) METHODS TO REDUCE THE CONSEQUENCES OF A CHEMICAL

RELEASE FROM AN INTENTIONAL ACT.— 

‘‘(1) DEFINITION.—In this section, the term ‘method to reduce 

the consequences of a chemical release from an intentional act’ 

means a measure at a covered water system that reduces or 

eliminates the potential consequences of a release of a substance of concern from an intentional act such as— 

‘‘(A) the elimination or reduction in the amount of a substance of concern possessed or planned to be possessed by 

a covered water system through the use of alternate substances, formulations, or processes; 

‘‘(B) the modification of pressures, temperatures, or concentrations of a substance of concern; and 

‘‘(C) the reduction or elimination of onsite handling of a 

substance of concern through improvement of inventory 

control or chemical use efficiency. 

‘‘(2) ASSESSMENT.—For each covered water system that possesses or plans to possess a substance of concern in excess of 

the release threshold quantity set by the Administrator under 

subsection (a)(5), the regulations under subsection (a)(1) shall 

require the covered water system to include in its site security 

plan an assessment of methods to reduce the consequences of 

a chemical release from an intentional act at the covered water 

system. The covered water system shall provide such assessment to the Administrator and the State exercising primary 

enforcement responsibility for the covered water system, if any. 

The regulations under subsection (a)(1) shall require the system, in preparing the assessment, to consider factors appropriate to the system’s security, public health, or environmental 

mission, and include— 

‘‘(A) a description of the methods to reduce the consequences of a chemical release from an intentional act; 

‘‘(B) how each described method to reduce the consequences of a chemical release from an intentional act 

could, if applied, reduce the potential extent of death, injury, or serious adverse effects to human health resulting 

from a chemical release; 

‘‘(C) how each described method to reduce the consequences of a chemical release from an intentional act 

could, if applied, affect the presence of contaminants in 

treated water, human health, or the environment; 

‘‘(D) whether each described method to reduce the consequences of a chemical release from an intentional act at 

the covered water system is feasible, as defined in section 

1412(b)(4)(D), but not including cost calculations under 

subparagraph (E); 


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‘‘(E) the costs (including capital and operational costs) 

and avoided costs (including savings and liabilities) associated with applying each described method to reduce the 

consequences of a chemical release from an intentional act 

at the covered water system; 

‘‘(F) any other relevant information that the covered 

water system relied on in conducting the assessment; and 

‘‘(G) a statement of whether the covered water system 

has implemented or plans to implement one or more methods to reduce the consequences of a chemical release from 

an intentional act, a description of any such methods, and, 

in the case of a covered water system described in paragraph (3)(A), an explanation of the reasons for any decision 

not to implement any such methods. 

‘‘(3) REQUIRED METHODS.— 

‘‘(A) APPLICATION.—This paragraph applies to a covered 

water system— 

‘‘(i) that is assigned to one of the two highest riskbased tiers under subsection (d); and 

‘‘(ii) that possesses or plans to possess a substance 

of concern in excess of the release threshold quantity 

set by the Administrator under subsection (a)(5). 

‘‘(B) HIGHEST-RISK SYSTEMS.—If, on the basis of its assessment under paragraph (2), a covered water system described in subparagraph (A) decides not to implement 

methods to reduce the consequences of a chemical release 

from an intentional act, the State exercising primary enforcement responsibility for the covered water system, if 

the system is located in such a State, or the Administrator, 

if the covered water system is not located in such a State, 

shall, in accordance with a timeline set by the Administrator— 

‘‘(i) determine whether to require the covered water 

system to implement the methods; and 

‘‘(ii) for States exercising primary enforcement responsibility, report such determination to the Administrator. 

‘‘(C) STATE OR ADMINISTRATOR’S CONSIDERATIONS.—Before requiring, pursuant to subparagraph (B), the implementation of a method to reduce the consequences of a 

chemical release from an intentional act, the State exercising primary enforcement responsibility for the covered 

water system, if the system is located in such a State, or 

the Administrator, if the covered water system is not located in such a State, shall consider factors appropriate to 

the security, public health, and environmental missions of 

covered water systems, including an examination of whether the method— 

‘‘(i) would significantly reduce the risk of death, injury, or serious adverse effects to human health resulting directly from a chemical release from an intentional act at the covered water system; 

‘‘(ii) would not increase the interim storage of a substance of concern by the covered water system; 


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‘‘(iii) would not render the covered water system unable to comply with other requirements of this Act or 

drinking water standards established by the State or 

political subdivision in which the system is located; 

and 

‘‘(iv) is feasible, as defined in section 1412(b)(4)(D), 

to be incorporated into the operation of the covered 

water system. 

‘‘(D) APPEAL.—Before requiring, pursuant to subparagraph (B), the implementation of a method to reduce the 

consequences of a chemical release from an intentional act, 

the State exercising primary enforcement responsibility for 

the covered water system, if the system is located in such 

a State, or the Administrator, if the covered water system 

is not located in such a State, shall provide such covered 

water system an opportunity to appeal the determination 

to require such implementation made pursuant to subparagraph (B) by such State or the Administrator. 

‘‘(4) INCOMPLETE OR LATE ASSESSMENTS.— ‘‘(A) INCOMPLETE ASSESSMENTS.—If the Administrator 

finds that the covered water system, in conducting its assessment under paragraph (2), did not meet the requirements of paragraph (2) and the applicable regulations, the 

Administrator shall, after notifying the covered water system and the State exercising primary enforcement responsibility for that system, if any, require the covered water 

system to submit a revised assessment not later than 60 

days after the Administrator notifies such system. The Administrator may require such additional revisions as are 

necessary to ensure that the system meets the requirements of paragraph (2) and the applicable regulations. 

‘‘(B) LATE ASSESSMENTS.—If the Administrator finds that 

a covered water system, in conducting its assessment pursuant to paragraph (2), did not complete such assessment 

in accordance with the deadline set by the Administrator, 

the Administrator may, after notifying the covered water 

system and the State exercising primary enforcement responsibility for that system, if any, take appropriate enforcement action under subsection (o). 

‘‘(C) REVIEW.—The State exercising primary enforcement 

responsibility for the covered water system, if the system 

is located in such a State, or the Administrator, if the system is not located in such a State, shall review a revised 

assessment that meets the requirements of paragraph (2) 

and applicable regulations to determine whether the covered water system will be required to implement methods 

to reduce the consequences of an intentional act pursuant 

to paragraph (3). 

‘‘(5) ENFORCEMENT.— ‘‘(A) FAILURE BY STATE TO MAKE DETERMINATION.— Whenever the Administrator finds that a State exercising 

primary enforcement responsibility for a covered water 

system has failed to determine whether to require the covered water system to implement methods to reduce the 

consequences of a chemical release from an intentional act, 


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as required by paragraph (3)(B), the Administrator shall so 

notify the State and covered water system. If, beyond the 

thirtieth day after the Administrator’s notification under 

the preceding sentence, the State has failed to make the 

determination described in such sentence, the Administrator shall so notify the State and covered water system 

and shall determine whether to require the covered water 

system to implement methods to reduce the consequences 

of a chemical release from an intentional act based on the 

factors described in paragraph (3)(C). 

‘‘(B) FAILURE BY STATE TO BRING ENFORCEMENT AC- TION.—If the Administrator finds, with respect to a period 

in which a State has primary enforcement responsibility 

for a covered water system, that the system has failed to 

implement methods to reduce the consequences of a chemical release from an intentional act (as required by the 

State or the Administrator under paragraph (3)(B) or the 

Administrator under subparagraph (A)), the Administrator 

shall so notify the State and the covered water system. If, 

beyond the thirtieth day after the Administrator’s notification under the preceding sentence, the State has not commenced appropriate enforcement action, the Administrator 

shall so notify the State and may commence an enforcement action against the system, including by seeking or 

imposing civil penalties under subsection (o), to require 

implementation of such methods. 

‘‘(C) CONSIDERATION OF CONTINUED PRIMARY ENFORCE- MENT RESPONSIBILITY.—For a State with primary enforcement responsibility for a covered water system, the Administrator may consider the failure of such State to make a 

determination as described under subparagraph (A) or to 

bring enforcement action as described under subparagraph 

(B) when determining whether a State may retain primary 

enforcement responsibility under this Act. 

‘‘(6) GUIDANCE FOR COVERED WATER SYSTEMS ASSIGNED TO

TIER 3 AND TIER 4.—For covered water systems required to conduct an assessment under paragraph (2) and assigned by the 

Administrator to tier 3 or tier 4 under subsection (d), the Administrator shall issue guidance and, as appropriate, provide 

or recommend tools, methodologies, or computer software, to 

assist such covered water systems in complying with the requirements of this section. 

‘‘(h) REVIEW BY ADMINISTRATOR.— 

‘‘(1) IN GENERAL.—The regulations under subsection (a)(1) 

shall require each covered water system to submit its vulnerability assessment and site security plan to the Administrator 

for review according to deadlines set by the Administrator. The 

Administrator shall review each vulnerability assessment and 

site security plan submitted under this section and— 

‘‘(A) if the assessment or plan has any significant deficiency described in paragraph (2), require the covered 

water system to correct the deficiency; or 

‘‘(B) approve such assessment or plan. 

‘‘(2) SIGNIFICANT DEFICIENCIES.—A vulnerability assessment 

or site security plan of a covered water system has a signifiVerDate Nov 24 2008 03:46 Nov 04, 2009 Jkt 089008 PO 00000 Frm 00046 Fmt 6659 Sfmt 6602 E:\HR\OC\HR327.XXX HR327

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cant deficiency under this subsection if the Administrator, in 

consultation, as appropriate, with the State exercising primary 

enforcement responsibility for such system, if any, determines 

that— 

‘‘(A) such assessment does not comply with the regulations established under section (a)(1); or 

‘‘(B) such plan— 

‘‘(i) fails to address vulnerabilities identified in a 

vulnerability assessment; or 

‘‘(ii) fails to meet applicable risk-based performance 

standards.

‘‘(3) STATE, REGIONAL, OR LOCAL GOVERNMENTAL ENTITIES.— No covered water system shall be required under State, local, 

or tribal law to provide a vulnerability assessment or site security plan described in this section to any State, regional, local, 

or tribal governmental entity solely by reason of the requirement set forth in paragraph (1) that the system submit such 

an assessment and plan to the Administrator. 

‘‘(i) EMERGENCY RESPONSE PLAN.— ‘‘(1) IN GENERAL.—Each covered water system shall prepare 

or revise, as appropriate, an emergency response plan that incorporates the results of the system’s most current vulnerability assessment and site security plan. 

‘‘(2) CERTIFICATION.—Each covered water system shall certify 

to the Administrator that the system has completed an emergency response plan. The system shall submit such certification to the Administrator not later than 6 months after the 

system’s first completion or revision of a vulnerability assessment under this section and shall submit an additional certification following any update of the emergency response plan. 

‘‘(3) CONTENTS.—A covered water system’s emergency response plan shall include— 

‘‘(A) plans, procedures, and identification of equipment 

that can be implemented or used in the event of an intentional act at the covered water system; and 

‘‘(B) actions, procedures, and identification of equipment 

that can obviate or significantly lessen the impact of intentional acts on public health and the safety and supply of 

drinking water provided to communities and individuals. 

‘‘(4) COORDINATION.—As part of its emergency response plan, 

each covered water system shall provide appropriate information to any local emergency planning committee, local law enforcement officials, and local emergency response providers to 

ensure an effective, collective response. 

‘‘(j) MAINTENANCE OF RECORDS.—Each covered water system 

shall maintain an updated copy of its vulnerability assessment, site 

security plan, and emergency response plan. 

‘‘(k) AUDIT; INSPECTION.— 

‘‘(1) IN GENERAL.—Notwithstanding section 1445(b)(2), the 

Administrator, or duly designated representatives of the Administrator, shall audit and inspect covered water systems, as 

necessary, for purposes of determining compliance with this 

section. 

‘‘(2) ACCESS.—In conducting an audit or inspection of a covered water system, the Administrator or duly designated repVerDate Nov 24 2008 03:46 Nov 04, 2009 Jkt 089008 PO 00000 Frm 00047 Fmt 6659 Sfmt 6602 E:\HR\OC\HR327.XXX HR327

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resentatives of the Administrator, as appropriate, shall have 

access to the owners, operators, employees and contractor employees, and employee representatives, if any, of such covered 

water system. 

‘‘(3) CONFIDENTIAL COMMUNICATION OF INFORMATION; AIDING

INSPECTIONS.—The Administrator, or a duly designated representative of the Administrator, shall offer non-supervisory 

employees of a covered water system the opportunity confidentially to communicate information relevant to the employer’s 

compliance or noncompliance with this section, including compliance or noncompliance with any regulation or requirement 

adopted by the Administrator in furtherance of the purposes of 

this section. A representative of each certified or recognized 

bargaining agent described in subsection (f)(3)(B), if any, or, if 

none, a non-supervisory employee, shall be given an opportunity to accompany the Administrator, or the duly designated 

representative of the Administrator, during the physical inspection of any covered water system for the purpose of aiding 

such inspection, if representatives of the covered water system 

will also be accompanying the Administrator or the duly designated representative of the Administrator on such inspection. 

‘‘(l) PROTECTION OF INFORMATION.— ‘‘(1) PROHIBITION OF PUBLIC DISCLOSURE OF PROTECTED IN- FORMATION.—Protected information shall— 

‘‘(A) be exempt from disclosure under section 552 of title 

5, United States Code; and 

‘‘(B) not be made available pursuant to any State, local, 

or tribal law requiring disclosure of information or records. 

‘‘(2) INFORMATION SHARING.— ‘‘(A) IN GENERAL.—The Administrator shall prescribe 

such regulations, and may issue such orders, as necessary 

to prohibit the unauthorized disclosure of protected information, as described in paragraph (7). 

‘‘(B) SHARING OF PROTECTED INFORMATION.—The regulations under subparagraph (A) shall provide standards for 

and facilitate the appropriate sharing of protected information with and between Federal, State, local, and tribal authorities, first responders, law enforcement officials, designated supervisory and non-supervisory covered water 

system personnel with security, operational, or fiduciary 

responsibility for the system, and designated facility employee representatives, if any. Such standards shall include procedures for the sharing of all portions of a covered water system’s vulnerability assessment and site security plan relating to the roles and responsibilities of system employees or contractor employees under subsection 

(f)(1) with a representative of each certified or recognized 

bargaining agent representing such employees, if any, or, 

if none, with at least one supervisory and at least one nonsupervisory employee with roles and responsibilities under 

subsection (f)(1). 

‘‘(C) PENALTIES.—Protected information, as described in 

paragraph (7), shall not be shared except in accordance 

with the standards provided by the regulations under subparagraph (A). Whoever discloses protected information in 


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knowing violation of the regulations and orders issued 

under subparagraph (A) shall be fined under title 18, 

United States Code, imprisoned for not more than one 

year, or both, and, in the case of a Federal officeholder or 

employee, shall be removed from Federal office or employment. 

‘‘(3) TREATMENT OF INFORMATION IN ADJUDICATIVE PROCEEDINGS.—In any judicial or administrative proceeding, protected information, as described in paragraph (7), shall be 

treated in a manner consistent with the treatment of Sensitive 

Security Information under section 525 of the Department of 

Homeland Security Appropriations Act, 2007 (Public Law 109– 

295; 120 Stat. 1381). 

‘‘(4) OTHER OBLIGATIONS UNAFFECTED.—Except as provided 

in subsection (h)(3), nothing in this section amends or affects 

an obligation of a covered water system— 

‘‘(A) to submit or make available information to system 

employees, employee organizations, or a Federal, State, 

tribal, or local government agency under any other law; or 

‘‘(B) to comply with any other law. 

‘‘(5) CONGRESSIONAL OVERSIGHT.—Nothing in this section 

permits or authorizes the withholding of information from Congress or any committee or subcommittee thereof. 

‘‘(6) DISCLOSURE OF INDEPENDENTLY FURNISHED INFORMATION.—Nothing in this section amends or affects any authority 

or obligation of a Federal, State, local, or tribal agency to protect or disclose any record or information that the Federal, 

State, local, or tribal agency obtains from a covered water system or the Administrator under any other law. 

‘‘(7) PROTECTED INFORMATION.— 

‘‘(A) IN GENERAL.—For purposes of this section, protected 

information is any of the following: 

‘‘(i) Vulnerability assessments and site security 

plans under this section, including any assessment developed pursuant to subsection (g)(2). 

‘‘(ii) Documents directly related to the Administrator’s review of assessments and plans described in 

clause (i) and, as applicable, the State’s review of an 

assessment prepared under subsection (g)(2). 

‘‘(iii) Documents directly related to inspections and 

audits under this section. 

‘‘(iv) Orders, notices, or letters regarding the compliance of a covered water system with the requirements 

of this section. 

‘‘(v) Information, documents, or records required to 

be provided to or created by, the Administrator under 

subsection (d). 

‘‘(vi) Documents directly related to security drills 

and training exercises, security threats and breaches 

of security, and maintenance, calibration, and testing 

of security equipment. 

‘‘(vii) Other information, documents, and records developed exclusively for the purposes of this section 

that the Administrator determines would be detriVerDate Nov 24 2008 03:46 Nov 04, 2009 Jkt 089008 PO 00000 Frm 00049 Fmt 6659 Sfmt 6602 E:\HR\OC\HR327.XXX HR327

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mental to the security of one or more covered water 

systems if disclosed. 

‘‘(B) DETRIMENT REQUIREMENT.—For purposes of clauses 

(ii), (iii), (iv), (v), and (vi) of subparagraph (A), the only 

portions of documents, records, orders, notices, and letters 

that shall be considered protected information are those 

portions that— 

‘‘(i) would be detrimental to the security of one or 

more covered water systems if disclosed; and 

‘‘(ii) are developed by the Administrator, the State, 

or the covered water system for the purposes of this 

section. 

‘‘(C) EXCLUSIONS.—For purposes of this section, protected information does not include— 

‘‘(i) information that is otherwise publicly available, 

including information that is required to be made publicly available under any law; 

‘‘(ii) information that a covered water system has 

lawfully disclosed other than in accordance with this 

section; and 

‘‘(iii) information that, if disclosed, would not be detrimental to the security of one or more covered water 

systems, including aggregate regulatory data that the 

Administrator determines appropriate to describe system compliance with the requirements of this section 

and the Administrator’s implementation of such requirements. 

‘‘(m) RELATION TO CHEMICAL FACILITY SECURITY REQUIRE- MENTS.—Title XXI of the Homeland Security Act of 2002 and the 

amendments made by title I of the Chemical and Water Security 

Act of 2009 shall not apply to any public water system subject to 

this Act. 

‘‘(n) PREEMPTION.—This section does not preclude or deny the 

right of any State or political subdivision thereof to adopt or enforce any regulation, requirement, or standard of performance with 

respect to a covered water system that is more stringent than a 

regulation, requirement, or standard of performance under this section. 

‘‘(o) VIOLATIONS.— ‘‘(1) IN GENERAL.—A covered water system that violates any 

requirement of this section, including by not implementing all 

or part of its site security plan by such date as the Administrator requires, shall be liable for a civil penalty of not more 

than $25,000 for each day on which the violation occurs. 

‘‘(2) PROCEDURE.—When the Administrator determines that 

a covered water system is subject to a civil penalty under paragraph (1), the Administrator, after consultation with the State, 

for covered water systems located in a State exercising primary 

responsibility for the covered water system, and, after considering the severity of the violation or deficiency and the record 

of the covered water system in carrying out the requirements 

of this section, may— 

‘‘(A) after notice and an opportunity for the covered 

water system to be heard, issue an order assessing a penalty under such paragraph for any past or current violaVerDate Nov 24 2008 03:46 Nov 04, 2009 Jkt 089008 PO 00000 Frm 00050 Fmt 6659 Sfmt 6602 E:\HR\OC\HR327.XXX HR327

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tion, requiring compliance immediately or within a specified time period; or 

‘‘(B) commence a civil action in the United States district 

court in the district in which the violation occurred for appropriate relief, including temporary or permanent injunction. 

‘‘(3) METHODS TO REDUCE THE CONSEQUENCES OF A CHEMICAL

RELEASE FROM AN INTENTIONAL ACT.—Except as provided in 

subsections (g)(4) and (g)(5), if a covered water system is located in a State exercising primary enforcement responsibility 

for the system, the Administrator may not issue an order or 

commence a civil action under this section for any deficiency 

in the content or implementation of the portion of the system’s 

site security plan relating to methods to reduce the consequences of a chemical release from an intentional act (as defined in subsection (g)(1)). 

‘‘(p) REPORT TO CONGRESS.— 

‘‘(1) PERIODIC REPORT.—Not later than 3 years after the effective date of the regulations under subsection (a)(1), and 

every 3 years thereafter, the Administrator shall transmit to 

the Committee on Energy and Commerce of the House of Representatives and the Committee on Environment and Public 

Works of the Senate a report on progress in achieving compliance with this section. Each such report shall include, at a 

minimum, the following: 

‘‘(A) A generalized summary of measures implemented 

by covered water systems in order to meet each risk-based 

performance standard established by this section. 

‘‘(B) A summary of how the covered water systems, differentiated by risk-based tier assignment, are complying 

with the requirements of this section during the period 

covered by the report and how the Administrator is implementing and enforcing such requirements during such period including— 

‘‘(i) the number of public water systems that provided the Administrator with information pursuant to 

subsection (d)(1); 

‘‘(ii) the number of covered water systems assigned 

to each risk-based tier; 

‘‘(iii) the number of vulnerability assessments and 

site security plans submitted by covered water systems; 

‘‘(iv) the number of vulnerability assessments and 

site security plans approved and disapproved by the 

Administrator; 

‘‘(v) the number of covered water systems without 

approved vulnerability assessments or site security 

plans; 

‘‘(vi) the number of covered water systems that have 

been assigned to a different risk-based tier due to implementation of a method to reduce the consequences 

of a chemical release from an intentional act and a description of the types of such implemented methods; 


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‘‘(vii) the number of audits and inspections conducted by the Administrator or duly designated representatives of the Administrator; 

‘‘(viii) the number of orders for compliance issued by 

the Administrator; 

‘‘(ix) the administrative penalties assessed by the 

Administrator for non-compliance with the requirements of this section; 

‘‘(x) the civil penalties assessed by courts for noncompliance with the requirements of this section; and 

‘‘(xi) any other regulatory data the Administrator 

determines appropriate to describe covered water system compliance with the requirements of this section 

and the Administrator’s implementation of such requirements. 

‘‘(2) PUBLIC AVAILABILITY.—A report submitted under this 

section shall be made publicly available. 

‘‘(q) GRANT PROGRAMS.— ‘‘(1) IMPLEMENTATION GRANTS TO STATES.—The Administrator may award grants to, or enter into cooperative agreements with, States, based on an allocation formula established 

by the Administrator, to assist the States in implementing this 

section. 

‘‘(2) RESEARCH, TRAINING, AND TECHNICAL ASSISTANCE

GRANTS.—The Administrator may award grants to, or enter 

into cooperative agreements with, non-profit organizations to 

provide research, training, and technical assistance to covered 

water systems to assist them in carrying out their responsibilities under this section. 

‘‘(3) PREPARATION GRANTS.— ‘‘(A) GRANTS.—The Administrator may award grants to, 

or enter into cooperative agreements with, covered water 

systems to assist such systems in— 

‘‘(i) preparing and updating vulnerability assessments, site security plans, and emergency response 

plans; 

‘‘(ii) assessing and implementing methods to reduce 

the consequences of a release of a substance of concern 

from an intentional act; and 

‘‘(iii) implementing any other security reviews and 

enhancements necessary to comply with this section. 

‘‘(B) PRIORITY.— 

‘‘(i) NEED.—The Administrator, in awarding grants 

or entering into cooperative agreements for purposes 

described in subparagraph (A)(i), shall give priority to 

covered water systems that have the greatest need. 

‘‘(ii) SECURITY RISK.—The Administrator, in awarding grants or entering into cooperative agreements for 

purposes described in subparagraph (A)(ii), shall give 

priority to covered water systems that pose the greatest security risk. 

‘‘(4) WORKER TRAINING GRANTS PROGRAM AUTHORITY.— ‘‘(A) IN GENERAL.—The Administrator shall establish a 

grant program to award grants to eligible entities to provide for training and education of employees and conVerDate Nov 24 2008 03:46 Nov 04, 2009 Jkt 089008 PO 00000 Frm 00052 Fmt 6659 Sfmt 6602 E:\HR\OC\HR327.XXX HR327

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tractor employees with roles or responsibilities described 

in subsection (f)(1) and first responders and emergency response providers who would respond to an intentional act 

at a covered water system. 

‘‘(B) ADMINISTRATION.—The Administrator shall enter 

into an agreement with the National Institute of Environmental Health Sciences to make and administer grants 

under this paragraph. 

‘‘(C) USE OF FUNDS.—The recipient of a grant under this 

paragraph shall use the grant to provide for— 

‘‘(i) training and education of employees and contractor employees with roles or responsibilities described in subsection (f)(1), including the annual mandatory training specified in subsection (f)(2) or training for first responders in protecting nearby persons, 

property, or the environment from the effects of a release of a substance of concern at the covered water 

system, with priority given to covered water systems 

assigned to tier one or tier two under subsection (d); 

and 

‘‘(ii) appropriate training for first responders and 

emergency response providers who would respond to 

an intentional act at a covered water system. 

‘‘(D) ELIGIBLE ENTITIES.—For purposes of this paragraph, an eligible entity is a nonprofit organization with 

demonstrated experience in implementing and operating 

successful worker or first responder health and safety or 

security training programs. 

‘‘(r) AUTHORIZATION OF APPROPRIATIONS.— 

‘‘(1) IN GENERAL.—To carry out this section, there are authorized to be appropriated— 

‘‘(A) $315,000,000 for fiscal year 2011, of which up to— 

‘‘(i) $30,000,000 may be used for administrative 

costs incurred by the Administrator or the States, as 

appropriate; and 

‘‘(ii) $125,000,000 may be used to implement methods to reduce the consequences of a chemical release 

from an intentional act at covered water systems with 

priority given to covered water systems assigned to 

tier one or tier two under subsection (d); and 

‘‘(B) such sums as may be necessary for fiscal years 2012 

through 2015. 

‘‘(2) SECURITY ENHANCEMENTS.—Funding under this subsection for basic security enhancements shall not include expenditures for personnel costs or monitoring, operation, or 

maintenance of facilities, equipment, or systems.’’. 

(b) REGULATIONS; TRANSITION.— 

(1) REGULATIONS.—Not later than 2 years after the date of 

the enactment of this title, the Administrator of the Environmental Protection Agency shall promulgate final regulations to 

carry out section 1433 of the Safe Drinking Water Act, as 

amended by subsection (a). 

(2) EFFECTIVE DATE.—Until the effective date of the regulations promulgated under paragraph (1), section 1433 of the 


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Safe Drinking Water Act, as in effect on the day before the 

date of the enactment of this title, shall continue to apply. 

(3) SAVINGS PROVISION.—Nothing in this section or the 

amendment made by this section shall affect the application of 

section 1433 of the Safe Drinking Water Act, as in effect before 

the effective date of the regulations promulgated under paragraph (1), to any violation of such section 1433 occurring before 

such effective date, and the requirements of such section 1433 

shall remain in force and effect with respect to such violation 

until the violation has been corrected or enforcement proceedings completed, whichever is later. 

SEC. 203. STUDY TO ASSESS THE THREAT OF CONTAMINATION OF 

DRINKING WATER DISTRIBUTION SYSTEMS. 

Not later than 180 days after the date of the enactment of this 

title, the Administrator of the Environmental Protection Agency, in 

consultation with the Secretary of Homeland Security, shall— 

(1) conduct a study to assess the threat of contamination of 

drinking water being distributed through public water systems, 

including fire main systems; and 

(2) submit a report to the Congress on the results of such 

study. 

TITLE III—WASTEWATER TREATMENT 

WORKS SECURITY 

SECTION 301. SHORT TITLE. 

This title may be cited as the ‘‘Wastewater Treatment Works Security Act of 2009’’. 

SEC. 302. WASTEWATER TREATMENT WORKS SECURITY. 

(a) IN GENERAL.—Title II of the Federal Water Pollution Control 

Act (33 U.S.C. 1281 et seq.) is amended by adding at the end the 

following: 

‘‘SEC. 222. WASTEWATER TREATMENT WORKS SECURITY. 

‘‘(a) ASSESSMENT OF TREATMENT WORKS VULNERABILITY AND IMPLEMENTATION OF SITE SECURITY AND EMERGENCY RESPONSE

PLANS.— 

‘‘(1) IN GENERAL.—Each owner or operator of a treatment 

works with either a treatment capacity of at least 2,500,000 

gallons per day or, in the discretion of the Administrator, that 

presents a security risk making coverage under this section appropriate shall, consistent with regulations developed under 

subsection (b)— 

‘‘(A) conduct and, as required, update a vulnerability assessment of its treatment works; 

‘‘(B) develop, periodically update, and implement a site 

security plan for the treatment works; and 

‘‘(C) develop and, as required, revise an emergency response plan for the treatment works. 

‘‘(2) VULNERABILITY ASSESSMENT.— 

‘‘(A) DEFINITION.—In this section, the term ‘vulnerability 

assessment’ means an assessment of the vulnerability of a 

treatment works to intentional acts that may— 


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‘‘(i) substantially disrupt the ability of the treatment 

works to safely and reliably operate; or 

‘‘(ii) have a substantial adverse effect on critical infrastructure, public health or safety, or the environment. 

‘‘(B) REVIEW.—A vulnerability assessment shall include 

an identification of the vulnerability of the treatment 

works’— 

‘‘(i) facilities, systems, and devices used in the storage, treatment, recycling, or reclamation of municipal 

sewage or industrial wastes; 

‘‘(ii) intercepting sewers, outfall sewers, sewage collection systems, and other constructed conveyances 

under the control of the owner or operator of the treatment works; 

‘‘(iii) electronic, computer, and other automated systems; 

‘‘(iv) pumping, power, and other equipment; 

‘‘(v) use, storage, and handling of various chemicals, 

including substances of concern, as identified by the 

Administrator; 

‘‘(vi) operation and maintenance procedures; and 

‘‘(vii) ability to ensure continuity of operations. 

‘‘(3) SITE SECURITY PLAN.— ‘‘(A) DEFINITION.—In this section, the term ‘site security 

plan’ means a process developed by the owner or operator 

of a treatment works to address security risks identified in 

a vulnerability assessment developed for the treatment 

works. 

‘‘(B) IDENTIFICATION OF SECURITY ENHANCEMENTS.—A 

site security plan carried out under paragraph (1)(B) shall 

identify specific security enhancements, including procedures, countermeasures, or equipment, that, when implemented or utilized, will reduce the vulnerabilities identified in a vulnerability assessment (including the identification of the extent to which implementation or utilization of 

such security enhancements may impact the operations of 

the treatment works in meeting the goals and requirements of this Act). 

‘‘(b) RULEMAKING AND GUIDANCE DOCUMENTS.— 

‘‘(1) IN GENERAL.—Not later than December 31, 2010, the Administrator, after providing notice and an opportunity for public comment, shall issue regulations— 

‘‘(A) establishing risk-based performance standards for 

the security of a treatment works identified under subsection (a)(1); and 

‘‘(B) establishing requirements and deadlines for each 

owner or operator of a treatment works identified under 

subsection (a)(1)— 

‘‘(i) to conduct and submit to the Administrator a 

vulnerability assessment or, if the owner or operator 

of a treatment works already has conducted a vulnerability assessment, to revise and submit to the Administrator such assessment in accordance with this section; 


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‘‘(ii) to update and submit to the Administrator the 

vulnerability assessment not less than every 5 years 

and promptly after any change at the treatment works 

that could cause the reassignment of the treatment 

works to a different risk-based tier under paragraph 

(2)(B); 

‘‘(iii) to develop and implement a site security plan 

and to update such plan not less than every 5 years 

and promptly after an update to the vulnerability assessment; 

‘‘(iv) to develop an emergency response plan (or, if 

the owner or operator of a treatment works has already developed an emergency response plan, to revise 

the plan to be in accordance with this section) and to 

revise the plan not less than every 5 years and 

promptly after an update to the vulnerability assessment; and 

‘‘(v) to provide annual training to employees of the 

treatment works on implementing site security plans 

and emergency response plans. 

‘‘(2) RISK-BASED TIERS AND PERFORMANCE STANDARDS.— 

‘‘(A) IN GENERAL.—In developing regulations under this 

subsection, the Administrator shall— 

‘‘(i) provide for 4 risk-based tiers applicable to treatment works identified under subsection (a)(1), with 

tier one representing the highest degree of security 

risk; and 

‘‘(ii) establish risk-based performance standards for 

site security plans and emergency response plans required under this section. 

‘‘(B) RISK-BASED TIERS.— 

‘‘(i) ASSIGNMENT OF RISK-BASED TIERS.—The Administrator shall assign (and reassign when appropriate) 

each treatment works identified under subsection 

(a)(1) to one of the risk-based tiers established pursuant to this paragraph. 

‘‘(ii) FACTORS TO CONSIDER.—In assigning a treatment works to a risk-based tier, the Administrator 

shall consider— 

‘‘(I) the size of the treatment works; 

‘‘(II) the proximity of the treatment works to 

large population centers; 

‘‘(III) the adverse impacts of an intentional act, 

including a worst-case release of a substance of 

concern designated under subsection (c), on the 

operation of the treatment works or on critical infrastructure, public health or safety, or the environment; and 

‘‘(IV) any other factor that the Administrator determines to be appropriate. 

‘‘(iii) INFORMATION REQUEST FOR TREATMENT

WORKS.—The Administrator may require the owner or 

operator of a treatment works identified under subsection (a)(1) to submit information in order to deterVerDate Nov 24 2008 03:46 Nov 04, 2009 Jkt 089008 PO 00000 Frm 00056 Fmt 6659 Sfmt 6602 E:\HR\OC\HR327.XXX HR327

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mine the appropriate risk-based tier for the treatment 

works. 

‘‘(iv) EXPLANATION FOR RISK-BASED TIER ASSIGN- MENT.—The Administrator shall provide the owner or 

operator of each treatment works assigned to a riskbased tier with the reasons for the tier assignment 

and whether such owner or operator of a treatment 

works is required to submit an assessment under 

paragraph (3)(B). 

‘‘(C) RISK-BASED PERFORMANCE STANDARDS.— ‘‘(i) CLASSIFICATION.—In establishing risk-based performance standards under subparagraph (A)(ii), the 

Administrator shall ensure that the standards are separate and, as appropriate, increasingly more stringent 

based on the level of risk associated with the riskbased tier assignment under subparagraph (B) for the 

treatment works. 

‘‘(ii) CONSIDERATION.—In carrying out this subparagraph, the Administrator shall take into account section 27.230 of title 6, Code of Federal Regulations (or 

any successor regulation). 

‘‘(D) SITE SECURITY PLANS.— ‘‘(i) IN GENERAL.—In developing regulations under 

this subsection, the Administrator shall permit the 

owner or operator of a treatment works identified 

under subsection (a)(1), in developing and implementing a site security plan, to select layered security 

and preparedness measures that, in combination— 

‘‘(I) address the security risks identified in its 

vulnerability assessment; and 

‘‘(II) comply with the applicable risk-based performance standards required by this subsection. 

‘‘(3) METHODS TO REDUCE THE CONSEQUENCES OF A CHEMICAL

RELEASE FROM AN INTENTIONAL ACT.— 

‘‘(A) DEFINITION.—In this section, the term ‘method to 

reduce the consequences of a chemical release from an intentional act’ means a measure at a treatment works identified under subsection (a)(1) that reduces or eliminates 

the potential consequences of a release of a substance of 

concern designated under subsection (c) from an intentional act, such as— 

‘‘(i) the elimination of or a reduction in the amount 

of a substance of concern possessed or planned to be 

possessed by a treatment works through the use of alternate substances, formulations, or processes; 

‘‘(ii) the modification of pressures, temperatures, or 

concentrations of a substance of concern; and 

‘‘(iii) the reduction or elimination of onsite handling 

of a substance of concern through the improvement of 

inventory control or chemical use efficiency. 

‘‘(B) ASSESSMENT.— 

‘‘(i) IN GENERAL.—In developing the regulations 

under this subsection, for each treatment works identified under subsection (a)(1) that possesses or plans to 

possess a substance of concern in excess of the release 


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threshold quantity set by the Administrator under 

subsection (c)(2), the Administrator shall require the 

treatment works to include in its site security plan an 

assessment of methods to reduce the consequences of 

a chemical release from an intentional act at the treatment works. 

‘‘(ii) CONSIDERATIONS FOR ASSESSMENT.—In developing the regulations under this subsection, the Administrator shall require the owner or operator of each 

treatment works, in preparing the assessment, to consider factors appropriate to address the responsibilities of the treatment works to meet the goals and requirements of this Act and to include— 

‘‘(I) a description of the methods to reduce the 

consequences of a chemical release from an intentional act; 

‘‘(II) a description of how each described method 

to reduce the consequences of a chemical release 

from an intentional act could, if applied— 

‘‘(aa) reduce the extent of death, injury, or 

serious adverse effects to human health or the 

environment as a result of a release, theft, or 

misappropriation of a substance of concern 

designated under subsection (c); and 

‘‘(bb) impact the operations of the treatment 

works in meeting the goals and requirements 

of this Act; 

‘‘(III) whether each described method to reduce 

the consequences of a chemical release from an intentional act at the treatment works is feasible, as 

determined by the Administrator; 

‘‘(IV) the costs (including capital and operational 

costs) and avoided costs (including potential savings) associated with applying each described 

method to reduce the consequences of a chemical 

release from an intentional act at the treatment 

works; 

‘‘(V) any other relevant information that the 

owner or operator of a treatment works relied on 

in conducting the assessment; and 

‘‘(VI) a statement of whether the owner or operator of a treatment works has implemented or 

plans to implement a method to reduce the consequences of a chemical release from an intentional act, a description of any such method, and, 

in the case of a treatment works described in subparagraph (C)(i), an explanation of the reasons for 

any decision not to implement any such method. 

‘‘(C) REQUIRED METHODS.— ‘‘(i) APPLICATION.—This subparagraph applies to a 

treatment works identified under subsection (a)(1) 

that— 

‘‘(I) is assigned to one of the two highest riskbased tiers established under paragraph (2)(A); 

and 


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‘‘(II) possesses or plans to possess a substance of 

concern in excess of the threshold quantity set by 

the Administrator under subsection (c)(2). 

‘‘(ii) HIGHEST-RISK SYSTEMS.—If, on the basis of its 

assessment developed pursuant to subparagraph (B), 

the owner or operator of a treatment works described 

in clause (i) decides not to implement a method to reduce the consequences of a chemical release from an 

intentional act, in accordance with a timeline set by 

the Administrator— 

‘‘(I) the Administrator or, where applicable, a 

State with an approved program under section 

402, shall determine whether to require the owner 

or operator of a treatment works to implement 

such method; and 

‘‘(II) in the case of a State with such approved 

program, the State shall report such determination to the Administrator. 

‘‘(iii) CONSIDERATIONS.—Before requiring the implementation of a method to reduce the consequences of 

a chemical release from an intentional act under 

clause (ii), the Administrator or a State, as the case 

may be, shall consider factors appropriate to address 

the responsibilities of the treatment works to meet the 

goals and requirements of this Act, including an examination of whether the method— 

‘‘(I) would significantly reduce the risk of death, 

injury, or serious adverse effects to human health 

resulting from a chemical release from an intentional act at the treatment works; 

‘‘(II) would not increase the interim storage by 

the treatment works of a substance of concern 

designated under subsection (c); 

‘‘(III) could impact the operations of the treatment works in meeting the goals and requirements of this Act or any more stringent standards 

established by the State or municipality in which 

the treatment works is located; and 

‘‘(IV) is feasible, as determined by the Administrator, to be incorporated into the operations of 

the treatment works. 

‘‘(D) APPEAL.—Before requiring the implementation of a 

method to reduce the consequences of a chemical release 

from an intentional act under clause (ii), the Administrator 

or a State, as the case may be, shall provide the owner or 

operator of the treatment works an opportunity to appeal 

the determination to require such implementation. 

‘‘(E) INCOMPLETE OR LATE ASSESSMENTS.— 

‘‘(i) INCOMPLETE ASSESSMENTS.—If the Administrator determines that a treatment works fails to meet 

the requirements of subparagraph (B) and the applicable regulations, the Administrator shall, after notifying the owner or operator of a treatment works and 

the State in which the treatment works is located, require the owner or operator of the treatment works to 


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submit a revised assessment not later than 60 days 

after the Administrator notifies the owner or operator. 

The Administrator may require such additional revisions as are necessary to ensure that the treatment 

works meets the requirements of subparagraph (B) 

and the applicable regulations. 

‘‘(ii) LATE ASSESSMENTS.—If the Administrator finds 

that the owner or operator of a treatment works, in 

conducting an assessment pursuant to subparagraph 

(B), did not complete such assessment in accordance 

with the deadline set by the Administrator, the Administrator may, after notifying the owner or operator 

of the treatment works and the State in which the 

treatment works is located, take appropriate enforcement action under subsection (j). 

‘‘(iii) REVIEW.—A State with an approved program 

under section 402 or the Administrator, as the case 

may be, shall review a revised assessment that meets 

the requirements of subparagraph (B) and applicable 

regulations to determine whether the treatment works 

will be required to implement methods to reduce the 

consequences of a chemical release from an intentional 

act pursuant to subparagraph (C). 

‘‘(F) ENFORCEMENT.— 

‘‘(i) FAILURE BY STATE TO MAKE DETERMINATION.— 

‘‘(I) IN GENERAL.—If the Administrator determines that a State with an approved program 

under section 402 failed to determine whether to 

require a treatment works to implement a method 

to reduce the consequences of a chemical release 

from an intentional act, as required by subparagraph (C)(ii), the Administrator shall notify the 

State and the owner or operator of the treatment 

works. 

‘‘(II) ADMINISTRATIVE ACTION.—If, after 30 days 

after the notification described in subclause (I), a 

State fails to make the determination described in 

that subclause, the Administrator shall notify the 

State and the owner or operator of the treatment 

works and shall determine whether to require the 

owner or operator to implement a method to reduce the consequences of a chemical release from 

an intentional act based on the factors described 

in subparagraph (C)(iii). 

‘‘(ii) FAILURE BY STATE TO BRING ENFORCEMENT ACTION.— 

‘‘(I) IN GENERAL.—If, in a State with an approved program under section 402, the Administrator determines that the owner or operator of a 

treatment works fails to implement a method to 

reduce the consequences of a chemical release 

from an intentional act (as required by the State 

or the Administrator under subparagraph (C)(ii) 

or the Administrator under clause (i)(II)), the AdVerDate Nov 24 2008 03:46 Nov 04, 2009 Jkt 089008 PO 00000 Frm 00060 Fmt 6659 Sfmt 6602 E:\HR\OC\HR327.XXX HR327

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ministrator shall notify the State and the owner 

or operator of the treatment works. 

‘‘(II) ADMINISTRATIVE ENFORCEMENT ACTION.—If, 

after 30 days after the notification described in 

subclause (I), the State has not commenced appropriate enforcement action, the Administrator shall 

notify the State and may commence an enforcement action against the owner or operator of the 

treatment works, including by seeking or imposing 

civil penalties under subsection (j), to require implementation of such method. 

‘‘(4) CONSULTATION WITH STATE AUTHORITIES.—In developing 

the regulations under this subsection, the Administrator shall 

consult with States with approved programs under section 402. 

‘‘(5) CONSULTATION WITH OTHER PERSONS.—In developing the 

regulations under this subsection, the Administrator shall consult with the Secretary of Homeland Security, and, as appropriate, other persons regarding— 

‘‘(A) the provision of threat-related and other baseline information to treatment works identified under subsection 

(a)(1); 

‘‘(B) the designation of substances of concern under subsection (c); 

‘‘(C) the development of risk-based performance standards; 

‘‘(D) the establishment of risk-based tiers and the process for the assignment of treatment works identified under 

subsection (a)(1) to such tiers; 

‘‘(E) the process for the development and evaluation of 

vulnerability assessments, site security plans, and emergency response plans; 

‘‘(F) the treatment of protected information; and 

‘‘(G) any other factor that the Administrator determines 

to be appropriate. 

‘‘(6) CONSIDERATION.—In developing the regulations under 

this subsection, the Administrator shall ensure that such regulations are consistent with the goals and requirements of this 

Act. 

‘‘(c) SUBSTANCES OF CONCERN.—For purposes of this section, the 

Administrator, in consultation with the Secretary of Homeland Security— 

‘‘(1) may designate any chemical substance as a substance of 

concern; 

‘‘(2) at the time any chemical substance is designated pursuant to paragraph (1), shall establish by rulemaking a threshold 

quantity for the release or theft of a substance, taking into account the toxicity, reactivity, volatility, dispersability, 

combustability, and flammability of the substance and the 

amount of the substance, that, as a result of the release or 

theft, is known to cause death, injury, or serious adverse impacts to human health or the environment; and 

‘‘(3) in making such a designation, shall take into account 

appendix A to part 27 of title 6, Code of Federal Regulations 

(or any successor regulation). 


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‘‘(d) REVIEW OF VULNERABILITY ASSESSMENT AND SITE SECURITY

PLAN.— 

‘‘(1) IN GENERAL.—Each owner or operator of a treatment 

works identified under subsection (a)(1) shall submit its vulnerability assessment and site security plan to the Administrator for review in accordance with deadlines established by 

the Administrator. 

‘‘(2) STANDARD OF REVIEW.—The Administrator shall review 

each vulnerability assessment and site security plan submitted 

under this subsection and— 

‘‘(A) if the assessment or plan has a significant deficiency described in paragraph (3), require the owner or operator of the treatment works to correct the deficiency; or 

‘‘(B) approve such assessment or plan. 

‘‘(3) SIGNIFICANT DEFICIENCY.—A vulnerability assessment or 

site security plan of a treatment works has a significant deficiency under this subsection if the Administrator, in consultation, as appropriate, with a State with an approved program 

under section 402, determines that— 

‘‘(A) such assessment does not comply with the regulations promulgated under subsection (b); or 

‘‘(B) such plan— 

‘‘(i) fails to address vulnerabilities identified in a 

vulnerability assessment; or 

‘‘(ii) fails to meet applicable risk-based performance 

standards. 

‘‘(4) IDENTIFICATION OF DEFICIENCIES.—If the Administrator 

identifies a significant deficiency in the vulnerability assessment or site security plan of an owner or operator of a treatment works under paragraph (3), the Administrator shall provide the owner or operator with a written notification of the 

deficiency that— 

‘‘(A) includes a clear explanation of the deficiency in the 

vulnerability assessment or site security plan; 

‘‘(B) provides guidance to assist the owner or operator in 

addressing the deficiency; and 

‘‘(C) requires the owner or operator to correct the deficiency and, by such date as the Administrator determines 

appropriate, to submit to the Administrator a revised vulnerability assessment or site security plan. 

‘‘(5) STATE, LOCAL, OR TRIBAL GOVERNMENTAL ENTITIES.—No 

owner or operator of a treatment works identified under subsection (a)(1) shall be required under State, local, or tribal law 

to provide a vulnerability assessment or site security plan described in this section to any State, local, or tribal governmental entity solely by reason of the requirement set forth in 

paragraph (1) that the owner or operator of a treatment works 

submit such an assessment and plan to the Administrator. 

‘‘(e) EMERGENCY RESPONSE PLAN.— 

‘‘(1) IN GENERAL.—The owner or operator of a treatment 

works identified under subsection (a)(1) shall develop or revise, 

as appropriate, an emergency response plan that incorporates 

the results of the current vulnerability assessment and site security plan for the treatment works. 


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‘‘(2) CERTIFICATION.—The owner or operator of a treatment 

works identified under subsection (a)(1) shall certify to the Administrator that the owner or operator has completed an emergency response plan, shall submit such certification to the Administrator not later than 6 months after the first completion 

or revision of a vulnerability assessment under this section, 

and shall submit an additional certification following any update of the emergency response plan. 

‘‘(3) CONTENTS.—An emergency response plan shall include a 

description of— 

‘‘(A) plans, procedures, and identification of equipment 

that can be implemented or used in the event of an intentional act at the treatment works; and 

‘‘(B) actions, procedures, and identification of equipment 

that can obviate or significantly reduce the impact of intentional acts to— 

‘‘(i) substantially disrupt the ability of the treatment 

works to safely and reliably operate; or 

‘‘(ii) have a substantial adverse effect on critical infrastructure, public health or safety, or the environment. 

‘‘(4) COORDINATION.—As part of its emergency response plan, 

the owner or operator of a treatment works shall provide appropriate information to any local emergency planning committee, local law enforcement officials, and local emergency response providers to ensure an effective, collective response. 

‘‘(f) ROLE OF EMPLOYEES.— 

‘‘(1) DESCRIPTION OF ROLE.—Site security plans and emergency response plans required under this section shall describe 

the appropriate roles or responsibilities that employees and 

contractor employees of treatment works are expected to perform to deter or respond to the intentional acts identified in a 

current vulnerability assessment. 

‘‘(2) TRAINING FOR EMPLOYEES.—The owner or operator of a 

treatment works identified under subsection (a)(1) shall annually provide employees and contractor employees with the roles 

or responsibilities described in paragraph (1) with sufficient 

training, as determined by the Administrator, on carrying out 

those roles or responsibilities. 

‘‘(3) EMPLOYEE PARTICIPATION.—In developing, revising, or 

updating a vulnerability assessment, site security plan, and 

emergency response plan required under this section, the 

owner or operator of a treatment works shall include— 

‘‘(A) at least one supervisory and at least one nonsupervisory employee of the treatment works; and 

‘‘(B) at least one representative of each certified or recognized bargaining agent representing facility employees or 

contractor employees with roles or responsibilities described in paragraph (1), if any, in a collective bargaining 

relationship with the owner or operator of the treatment 

works or with a contractor to the treatment works. 

‘‘(g) MAINTENANCE OF RECORDS.—The owner or operator of a 

treatment works identified under subsection (a)(1) shall maintain 

an updated copy of its vulnerability assessment, site security plan, 


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and emergency response plan on the premises of the treatment 

works. 

‘‘(h) AUDIT; INSPECTION.— ‘‘(1) IN GENERAL.—The Administrator shall audit and inspect 

a treatment works identified under subsection (a)(1), as necessary, for purposes of determining compliance with this section. 

‘‘(2) ACCESS.—In conducting an audit or inspection of a treatment works under paragraph (1), the Administrator shall have 

access to the owners, operators, employees and contractor employees, and employee representatives, if any, of such treatment works. 

‘‘(3) CONFIDENTIAL COMMUNICATION OF INFORMATION; AIDING

INSPECTIONS.—The Administrator shall offer nonsupervisory 

employees of a treatment works the opportunity confidentially 

to communicate information relevant to the compliance or noncompliance of the owner or operator of the treatment works 

with this section, including compliance or noncompliance with 

any regulation or requirement adopted by the Administrator in 

furtherance of the purposes of this section. A representative of 

each certified or recognized bargaining agent described in subsection (f)(3)(B), if any, or, if none, a nonsupervisory employee, 

shall be given an opportunity to accompany the Administrator 

during the physical inspection of any treatment works for the 

purpose of aiding such inspection, if representatives of the 

treatment works will also be accompanying the Administrator 

on such inspection. 

‘‘(i) PROTECTION OF INFORMATION.— ‘‘(1) PROHIBITION OF PUBLIC DISCLOSURE OF PROTECTED IN- FORMATION.—Protected information shall— 

‘‘(A) be exempt from disclosure under section 552 of title 

5, United States Code; and 

‘‘(B) not be made available pursuant to any State, local, 

or tribal law requiring disclosure of information or records. 

‘‘(2) INFORMATION SHARING.— ‘‘(A) IN GENERAL.—The Administrator shall prescribe 

such regulations, and may issue such orders, as necessary 

to prohibit the unauthorized disclosure of protected information, as described in paragraph (7). 

‘‘(B) SHARING OF PROTECTED INFORMATION.—The regulations under subparagraph (A) shall provide standards for 

and facilitate the appropriate sharing of protected information with and among Federal, State, local, and tribal authorities, first responders, law enforcement officials, supervisory and nonsupervisory treatment works personnel with 

security, operational, or fiduciary responsibility for the system designated by the owner or operator of the treatment 

works, and facility employee representatives designated by 

the owner or operator of the treatment works, if any. 

‘‘(C) INFORMATION SHARING PROCEDURES.—Such standards shall include procedures for the sharing of all portions of the vulnerability assessment and site security plan 

of a treatment works relating to the roles and responsibilities of the employees or contractor employees of a treatment works under subsection (f)(1) with a representative 


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of each certified or recognized bargaining agent representing such employees, if any, or, if none, with at least 

one supervisory and at least one non-supervisory employee 

with roles and responsibilities under subsection (f)(1). 

‘‘(D) PENALTIES.—Protected information, as described in 

paragraph (7), shall not be shared except in accordance 

with the standards provided by the regulations under subparagraph (A). Whoever discloses protected information in 

knowing violation of the regulations and orders issued 

under subparagraph (A) shall be fined under title 18, 

United States Code, imprisoned for not more than one 

year, or both, and, in the case of a Federal officeholder or 

employee, shall be removed from Federal office or employment. 

‘‘(3) TREATMENT OF INFORMATION IN ADJUDICATIVE PROCEEDINGS.—In any judicial or administrative proceeding, protected information, as described in paragraph (7), shall be 

treated in a manner consistent with the treatment of sensitive 

security information under section 525 of the Department of 

Homeland Security Appropriations Act, 2007 (120 Stat. 1381). 

‘‘(4) OTHER OBLIGATIONS UNAFFECTED.—Nothing in this section amends or affects an obligation of the owner or operator 

of a treatment works to— 

‘‘(A) submit or make available information to employees 

of the treatment works, employee organizations, or a Federal, State, local, or tribal government agency under any 

other law; or 

‘‘(B) comply with any other law. 

‘‘(5) CONGRESSIONAL OVERSIGHT.—Nothing in this section 

permits or authorizes the withholding of information from Congress or any committee or subcommittee thereof. 

‘‘(6) DISCLOSURE OF INDEPENDENTLY FURNISHED INFORMATION.—Nothing in this section amends or affects any authority 

or obligation of a Federal, State, local, or tribal agency to protect or disclose any record or information that the Federal, 

State, local, or tribal agency obtains from a treatment works 

or the Administrator under any other law except as provided 

in subsection (d)(5). 

‘‘(7) PROTECTED INFORMATION.— 

‘‘(A) IN GENERAL.—For purposes of this section, protected 

information is any of the following: 

‘‘(i) Vulnerability assessments and site security 

plans under this section, including any assessment developed under subsection (b)(3)(B). 

‘‘(ii) Documents directly related to the Administrator’s review of assessments and plans described in 

clause (i) and, as applicable, the State’s review of an 

assessment developed under subsection (b)(3)(B). 

‘‘(iii) Documents directly related to inspections and 

audits under this section. 

‘‘(iv) Orders, notices, or letters regarding the compliance of a treatment works described in subsection 

(a)(1) with the requirements of this section. 


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‘‘(v) Information required to be provided to, or documents and records created by, the Administrator 

under subsection (b)(2). 

‘‘(vi) Documents directly related to security drills 

and training exercises, security threats and breaches 

of security, and maintenance, calibration, and testing 

of security equipment. 

‘‘(vii) Other information, documents, and records developed for the purposes of this section that the Administrator determines would be detrimental to the 

security of a treatment works if disclosed. 

‘‘(B) DETRIMENT REQUIREMENT.—For purposes of clauses 

(ii), (iii), (iv), (v), and (vi) of subparagraph (A), the only 

portions of documents, records, orders, notices, and letters 

that shall be considered protected information are those 

portions that— 

‘‘(i) would be detrimental to the security of a treatment works if disclosed; and 

‘‘(ii) are developed by the Administrator, the State, 

or the treatment works for the purposes of this section. 

‘‘(C) EXCLUSIONS.—For purposes of this paragraph, protected information does not include— 

‘‘(i) information that is otherwise publicly available, 

including information that is required to be made publicly available under any law; 

‘‘(ii) information that a treatment works has lawfully disclosed other than in accordance with this section; and 

‘‘(iii) information that, if disclosed, would not be detrimental to the security of a treatment works, including aggregate regulatory data that the Administrator 

determines appropriate to describe compliance with 

the requirements of this section and the Administrator’s implementation of such requirements. 

‘‘(j) VIOLATIONS.—For the purposes of section 309 of this Act, any 

violation of any requirement of this section, including any regulations promulgated pursuant to this section, by an owner or operator of a treatment works described in subsection (a)(1) shall be 

treated in the same manner as a violation of a permit condition 

under section 402 of this Act. 

‘‘(k) REPORT TO CONGRESS.— 

‘‘(1) PERIODIC REPORT.—Not later than 3 years after the effective date of the regulations issued under subsection (b) and 

every 3 years thereafter, the Administrator shall transmit to 

the Committee on Transportation and Infrastructure of the 

House of Representatives and the Committee on Environment 

and Public Works of the Senate a report on progress in achieving compliance with this section. 

‘‘(2) CONTENTS OF THE REPORT.—Each such report shall include, at a minimum, the following: 

‘‘(A) A generalized summary of measures implemented 

by the owner or operator of a treatment works identified 

under subsection (a)(1) in order to meet each risk-based 

performance standard established by this section. 


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‘‘(B) A summary of how the treatment works, differentiated by risk-based tier assignment, are complying with 

the requirements of this section during the period covered 

by the report and how the Administrator is implementing 

and enforcing such requirements during such period, including— 

‘‘(i) the number of treatment works that provided 

the Administrator with information pursuant to subsection (b)(2)(B)(iii); 

‘‘(ii) the number of treatment works assigned to each 

risk-based tier; 

‘‘(iii) the number of vulnerability assessments and 

site security plans submitted by treatment works; 

‘‘(iv) the number of vulnerability assessments and 

site security plans approved or found to have a significant deficiency under subsection (d)(2) by the Administrator; 

‘‘(v) the number of treatment works without approved vulnerability assessments or site security 

plans; 

‘‘(vi) the number of treatment works that have been 

assigned to a different risk-based tier due to implementation of a method to reduce the consequences of 

a chemical release from an intentional act and a description of the types of such implemented methods; 

‘‘(vii) the number of audits and inspections conducted by the Administrator; and 

‘‘(viii) any other regulatory data the Administrator 

determines appropriate to describe the compliance of 

owners or operators of treatment works with the requirements of this section and the Administrator’s implementation of such requirements. 

‘‘(3) PUBLIC AVAILABILITY.—A report submitted under this 

section shall be made publicly available. 

‘‘(l) GRANTS FOR VULNERABILITY ASSESSMENTS, SECURITY EN- HANCEMENTS, AND WORKER TRAINING PROGRAMS.— ‘‘(1) IN GENERAL.—The Administrator may make a grant to 

a State, municipality, or intermunicipal or interstate agency— 

‘‘(A) to conduct or update a vulnerability assessment, 

site security plan, or emergency response plan for a publicly owned treatment works identified under subsection 

(a)(1); 

‘‘(B) to implement a security enhancement at a publicly 

owned treatment works identified under subsection (a)(1), 

including a method to reduce the consequences of a chemical release from an intentional act, identified in an approved site security plan and listed in paragraph (2); 

‘‘(C) to implement an additional security enhancement at 

a publicly owned treatment works identified under subsection (a)(1), including a method to reduce the consequences of a chemical release from an intentional act, 

identified in an approved site security plan; and 

‘‘(D) to provide for security-related training of employees 

or contractor employees of the treatment works and training for first responders and emergency response providers. 


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‘‘(2) GRANTS FOR SECURITY ENHANCEMENTS.— ‘‘(A) PREAPPROVED SECURITY ENHANCEMENTS.—The Administrator may make a grant under paragraph (1)(B) to 

implement a security enhancement of a treatment works 

for one or more of the following: 

‘‘(i) Purchase and installation of equipment for access control, intrusion prevention and delay, and detection of intruders and hazardous or dangerous substances, including— 

‘‘(I) barriers, fencing, and gates; 

‘‘(II) security lighting and cameras; 

‘‘(III) metal grates, wire mesh, and outfall entry 

barriers; 

‘‘(IV) securing of manhole covers and fill and 

vent pipes; 

‘‘(V) installation and re-keying of doors and 

locks; and 

‘‘(VI) smoke, chemical, and explosive mixture 

detection systems. 

‘‘(ii) Security improvements to electronic, computer, 

or other automated systems and remote security systems, including controlling access to such systems, intrusion detection and prevention, and system backup. 

‘‘(iii) Participation in training programs and the purchase of training manuals and guidance materials relating to security. 

‘‘(iv) Security screening of employees or contractor 

support services. 

‘‘(B) ADDITIONAL SECURITY ENHANCEMENTS.—The Administrator may make a grant under paragraph (1)(C) for additional security enhancements not listed in subparagraph 

(A) that are identified in an approved site security plan. 

The additional security enhancements may include the implementation of a method to reduce the consequences of a 

chemical release from an intentional act. 

‘‘(C) LIMITATION ON USE OF FUNDS.—Grants under this 

subsection may not be used for personnel costs or operation or maintenance of facilities, equipment, or systems. 

‘‘(D) FEDERAL SHARE.—The Federal share of the cost of 

activities funded by a grant under paragraph (1) may not 

exceed 75 percent. 

‘‘(3) ELIGIBILITY.—To be eligible for a grant under this subsection, a State, municipality, or intermunicipal or interstate 

agency shall submit information to the Administrator at such 

time, in such form, and with such assurances as the Administrator may require. 

‘‘(m) PREEMPTION.—This section does not preclude or deny the 

right of any State or political subdivision thereof to adopt or enforce any regulation, requirement, or standard of performance with 

respect to a treatment works that is more stringent than a regulation, requirement, or standard of performance under this section. 

‘‘(n) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to 

be appropriated to the Administrator $200,000,000 for each of fiscal 

years 2010 through 2014 for making grants under subsection (l). 

Such sums shall remain available until expended. 


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‘‘(o) RELATION TO CHEMICAL FACILITY SECURITY REQUIREMENTS.—Title XXI of the Homeland Security Act of 2002 and the 

amendments made by title I of the Chemical and Water Security 

Act of 2009 shall not apply to any treatment works.’’. 

Amend the title so as to read: ‘‘A bill 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.’’. 

PART B—TEXT OF AMENDMENTS MADE IN ORDER

1. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE THOMPSON, 

BENNIE OF MISSISSIPPI, OR HIS DESIGNEE, DEBATABLE FOR 10 

MINUTES

Page 5, beginning on line 22, strike ‘‘counter surveillance’’ and 

insert ‘‘counter-surveillance’’. 

Page 7, beginning on line 2, strike ‘‘. Any such plan shall include’’ and insert ‘‘, including’’. 

Page 7, line 19, strike ‘‘Department’’ and insert ‘‘Secretary’’. 

Page 8, line 2, strike ‘‘chemicals’’ and insert ‘‘a substance of concern’’. 

Page 8, line 4, insert ‘‘and’’ after the comma. 

Page 9, line 5, strike ‘‘Department’’ and insert ‘‘Secretary’’. 

Page 9, line 9, strike ‘‘in’’ and insert ‘‘at’’. 

Page 9, line 10, strike ‘‘site’’ and insert ‘‘covered chemical facility’’. 

Page 10, line 6, insert a comma after ‘‘plan’’. 

Page 17, line 3, insert ‘‘chemical’’ after ‘‘designation of a’’. 

Page 17, line 3, insert ‘‘as a substance’’ after ‘‘substance’’. 

Page 17, line 4, insert ‘‘for the substance’’ after ‘‘quantity’’. 

Page 17, line 8, strike ‘‘may at any time’’ and insert ‘‘may, at any 

time,’’. 

Page 18, line 10, insert a comma after ‘‘concern’’. 

Page 18, line 22, strike the comma after ‘‘representative’’. 

Page 19, line 6, strike ‘‘this title’’ and insert ‘‘this section’’. 

Page 22, line 3, insert ‘‘, as determined by the Secretary,’’ after 

‘‘geographically close’’. 

Page 23, line 1, strike ‘‘under’’ and insert ‘‘pursuant to’’. 

Page 24, line 11, strike ‘‘is’’. 

Page 30, line 22, strike ‘‘that’’ and insert ‘‘who’’. 

Page 34, line 9, strike ‘‘the period of’’. 

Page 36, line 8, strike ‘‘information’’ and insert ‘‘to the Secretary 

in a timely manner, information’’. 

Page 36, line 9, strike ‘‘in a timely manner’’. 

Page 38, line 17, insert ‘‘departmental’’ after ‘‘seek’’. 

Page 38, line 17, strike ‘‘within the Department’’. 

Page 39, line 24, strike ‘‘that’’ and insert ‘‘who’’. 

Page 39, line 25, insert a comma after ‘‘subsection (a)’’. 

Page 40, line 15, strike ‘‘, profit’’ and insert ‘‘, for-profit’’. 

Page 46, line 16, strike ‘‘protected information is any of the following’ ’’’ and insert ‘‘the term ‘protected information’ means any of 

the following’’. 


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Page 46, line 22, strike ‘‘determines’’ and insert ‘‘has determined 

by regulation’’. 

Page 48, strike lines 3 through 17 and insert the following: 

‘‘(2) EXCLUSIONS.—Notwithstanding paragraph (1), the term 

‘protected information’ does not include— 

‘‘(A) information, other than a security vulnerability assessment or site security plan, that the Secretary has determined by regulation to be— 

‘‘(i) appropriate to describe facility compliance with 

the requirements of this title and the Secretary’s implementation of such requirements; and 

‘‘(ii) not detrimental to chemical facility security if 

disclosed; or 

‘‘(B) information, whether or not also contained in a security vulnerability assessment, site security plan, or in a 

document, record, order, notice, or letter, or portion thereof, described in subparagraph (B) or (C) of paragraph (1), 

that is obtained from another source with respect to which 

the Secretary has not made a determination under either 

such subparagraph, including— 

‘‘(i) information that is required to be made publicly 

available under any other provision of law; and 

‘‘(ii) information that a chemical facility has lawfully 

disclosed other than in a submission to the Secretary 

pursuant to a requirement of this title. 

Page 54, line 3, strike ‘‘of’’ and insert ‘‘after’’. 

Page 63, line 7, strike ‘‘1996’’ and insert ‘‘1986’’. 

Page 75, line 13, strike ‘‘Department’’ and insert ‘‘Secretary’’. 

Page 92, line 23, insert ‘‘and resubmit’’ after ‘‘update’’. 

Page 93, beginning on line 10, strike ‘‘(or, if the system has already developed an emergency response plan, to revise the plan to 

be in accordance with this section)’’ and insert ‘‘or, if the system 

has already developed an emergency response plan, to revise the 

plan to be in accordance with this section,’’. 

Page 110, beginning on line 2, strike ‘‘commence an enforcement 

action against the system, including by seeking or imposing civil 

penalties’’ and insert ‘‘take appropriate enforcement action’’. 

Page 115, beginning on line 22, strike ‘‘, as described in paragraph (7)’’. 

Page 116, beginning on line 21, strike ‘‘, as described in paragraph (7),’’. 

Page 117, beginning on line 9, strike ‘‘, as described in paragraph 

(7),’’. 

Page 117, line 22, insert ‘‘provision of’’ before ‘‘law’’. 

Page 117, line 23, insert ‘‘provision of’’ before ‘‘law’’. 

Page 118, line 10, insert ‘‘provision of’’ before ‘‘law’’. 

Page 118, beginning on line 13, strike ‘‘protected information is 

any of the following’’ and insert ‘‘the term ‘protected information’ 

means any of the following’’. 

Page 119, line 17, strike ‘‘determines’’ and insert ‘‘has determined by regulation’’. 

Page 120, line 1, insert before ‘‘would’’ the following: ‘‘the Secretary has determined by regulation’’ 

Page 120, strike lines 7 through 24 and insert the following: 


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‘‘(C) EXCLUSIONS.—Notwithstanding subparagraphs (A) 

and (B), the term ‘protected information’ does not include— 

‘‘(i) information, other than a security vulnerability 

assessment or site security plan, that the Administrator has determined by regulation to be— 

‘‘(I) appropriate to describe system compliance 

with the requirements of this title and the Administrator’s implementation of such requirements; 

and 

‘‘(II) not detrimental to the security of one or 

more covered water systems if disclosed; or 

‘‘(ii) information, whether or not also contained in a 

security vulnerability assessment, site security plan, 

or in a document, record, order, notice, or letter, or 

portion thereof, described in any of clauses (ii) through 

(vii) of subparagraph (A) that is obtained from another 

source with respect to which the Administrator has 

not made a determination under either subparagraph 

(A)(vii) or (B), including— 

‘‘(I) information that is required to be made publicly available under any other provision of law; 

and 

‘‘(II) information that a covered water system 

has lawfully disclosed other than in a submission 

to the Administrator pursuant to a requirement of 

this title. 

Page 121, line 3, strike ‘‘the amendments made by’’. 

Page 131, beginning on line 3, strike ‘‘threat of contamination of 

drinking water being distributed through public water systems, including fire main systems’’ and insert ‘‘threat to drinking water 

posed by an intentional act of contamination, and the vulnerability 

of public water systems, including fire hydrants, to such a threat’’. 

Page 151, line 24, after ‘‘cause’’ and insert ‘‘, or may be reasonably anticipated to cause,’’. 

Page 161, line 12, insert ‘‘provision of’’ before ‘‘law’’. 

Page 161, line 13, insert ‘‘provision of’’ before ‘‘law’’. 

Page 161, line 25, insert ‘‘provision of’’ before ‘‘law’’. 

Page 162, beginning on line 3, strike ‘‘protected information is 

any of the following’’ and insert ‘‘the term ‘protected information’ 

means any of the following’’. 

Page 163, beginning on line 6, strike ‘‘determines’’ and insert 

‘‘has determined by regulation’’. 

Page 163, line 15, before ‘‘would’’ insert the following: ‘‘the Secretary has determined by regulation’’. 

Strike line 20 on page 163 and all that follows through page 164, 

line 13, and insert the following: 

‘‘(C) EXCLUSIONS.—Notwithstanding subparagraphs (A) 

and (B), the term ‘protected information’ does not include— 

‘‘(i) information, other than a security vulnerability 

assessment or site security plan, that the Administrator has determined by regulation to be— 

‘‘(I) appropriate to describe treatment works 

compliance with the requirements of this title and 


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the Administrator’s implementation of such requirements; and 

‘‘(II) not detrimental to the security of one or 

more treatment works if disclosed; or 

‘‘(ii) information, whether or not also contained in a 

security vulnerability assessment, site security plan, 

or in a document, record, order, notice, or letter, or 

portion thereof, described in any of clauses (ii) through 

(vii) of subparagraph (A) that is obtained from another 

source with respect to which the Administrator has 

not made a determination under either subparagraph 

(A)(vii) or (B), including— 

‘‘(I) information that is required to be made publicly available under any other provision of law; 

and 

‘‘(II) information that a treatment works has 

lawfully disclosed other than in a submission to 

the Administrator pursuant to a requirement of 

this title. 

Page 171, line 5, strike ‘‘the amendments made by’’. 

2. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE BARTON, 

JOE OF TEXAS, OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

Page 43, strike lines 7 through 16, and insert the following: 

‘‘SEC. 2109. FEDERAL PREEMPTION. 

‘‘No State or political subdivision thereof may adopt or attempt 

to enforce any regulation, requirement, or standard of performance 

with respect to a covered chemical facility if such regulation, requirement, or standard of performance poses obstacles to, hinders, 

or frustrates the purpose of any requirement or standard of performance under this title. 

Page 121, strike lines 6 through 11, and insert the following: 

‘‘(n) PREEMPTION.—No State or political subdivision thereof may 

adopt or attempt to enforce any regulation, requirement, or standard of performance with respect to a covered water system if such 

regulation, requirement, or standard of performance poses obstacles to, hinders, or frustrates the purpose of any requirement or 

standard of performance under this section. 

Page 170, strike lines 17 through 22, and insert the following: 

‘‘(m) PREEMPTION.—No State or political subdivision thereof may 

adopt or attempt to enforce any regulation, requirement, or standard of performance with respect to a treatment works if such regulation, requirement, or standard of performance poses obstacles to, 

hinders, or frustrates the purpose of any requirement or standard 

of performance under this section. 

3. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE HASTINGS, 

ALCEE OF FLORIDA, OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

Page 65, after line 2, insert the following: 

‘‘(d) OUTREACH SUPPORT.— 

‘‘(1) POINT OF CONTACT.—The Secretary shall designate a 

point of contact for the Administrator of the Environmental 


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Protection Agency, and the head of any other agency designated by the Secretary, with respect to the requirements of 

this title. 

‘‘(2) OUTREACH.—The Secretary shall, as appropriate, and in 

accordance with this title, inform State emergency response 

commissions appointed pursuant to section 301(a) of the Emergency Planning and Community Right-To-Know Act of 1986 

(42 U.S.C. 11001) and local emergency planning committees 

appointed pursuant to section 301(c) of such Act, and any other 

entity designated by the Secretary, of the findings of the Office 

of Chemical Facility Security so that such commissions and 

committees may update emergency planning and training procedures. 

4. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE DENT, CHARLES OF PENNSYLVANIA, OR HIS DESIGNEE, DEBATABLE FOR

10 MINUTES

Page 2, beginning on line 1, strike title I and insert the following 

(and conform the table of contents accordingly): 

TITLE I—CHEMICAL FACILITY 

SECURITY 

SEC. 101. SHORT TITLE. 

This Act may be cited as the ‘‘Chemical Facility Security Authorization Act of 2009’’. 

SEC. 102. EXTENSION OF AUTHORITY OF SECRETARY OF HOMELAND 

SECURITY TO REGULATE THE SECURITY OF CHEMICAL 

FACILITIES. 

Section 550(b) of the Department of Homeland Security Appropriations Act, 2007 (Public Law 109–295; 6 U.S.C. 121 note) is 

amended by striking ‘‘three years after the date of enactment of 

this Act’’ and inserting ‘‘on October 1, 2012’’. 

5. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE DENT, CHARLES OF PENNSYLVANIA, OR HIS DESIGNEE, DEBATABLE FOR

10 MINUTES

Page 25, line 12, strike ‘‘, including the requirements under section 2111’’. 

Page 46, line 18, strike ‘‘, including any assessment required 

under section 2111’’. 

Page 48, beginning on line 18, strike the proposed section 2111 

and redesignate the proposed sections 2112 through 2120 as sections 2111 through 2119, respectively. Pg 87, line 4, strike ‘‘, of which up to $3,000,000 shall be made 

available for grants authorized under section 2111(c)(1)’’. Pg 87, line 10, strike ‘‘, of which up to $3,000,000 shall be made 

available for grants authorized under section 2111(c)(1)’’. 

Pg 87, line 16, strike ‘‘, of which up to $3,000,000 shall be made 

available for grants authorized under section 2111(c)(1)’’. 

Page 88, in the proposed amendment to the table of contents of 

the Homeland Security Act of 2002, strike the item relating to secVerDate Nov 24 2008 03:46 Nov 04, 2009 Jkt 089008 PO 00000 Frm 00073 Fmt 6659 Sfmt 6602 E:\HR\OC\HR327.XXX HR327

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tion 2111 and redesignate the items relating to sections 2112 

through 2120 as items relating to sections 2111 through 2119, respectively. 

6. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE FLAKE, 

JEFF OF ARIZONA, OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

Page 31, after line 25, insert the following: 

‘‘(E) PRESUMPTION OF CONGRESS RELATING TO COMPETI- TIVE PROCEDURES.— ‘‘(i) PRESUMPTION.—It is the presumption of Congress that grants awarded under this paragraph will 

be awarded using competitive procedures based on 

merit. 

‘‘(ii) REPORT TO CONGRESS.—If grants are awarded 

under this paragraph using procedures other than 

competitive procedures, the Secretary shall submit to 

Congress a report explaining why competitive procedures were not used. 

‘‘(F) PROHIBITION ON EARMARKS.—None of the funds appropriated to carry out this paragraph may be used for a 

congressional earmark as defined in clause 9d, of Rule XXI 

of the rules of the House of Representatives of the 111th 

Congress.’’. 

7. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE SCHRADER, 

KURT OF OREGON, OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

Page 54, line 24, strike ‘‘SECTORAL IMPACTS’’ and insert ‘‘AGRI- CULTURAL SECTOR’’. 

Page 55, beginning on line 12, strike ‘‘IMPACTS OF COMPLIANCE’’ 

and insert ‘‘AGRICULTURAL IMPACTS’’. 

Page 55, beginning on line 19, strike ‘‘by manufacturers, retailers, aerial commercial applicators, and distributors of pesticide and 

fertilizer’’ and insert ‘‘on the agricultural sector’’. 

Page 55, line 23, insert a comma after ‘‘Representatives’’. 

Page 55, line 24, strike ‘‘and’’ before ‘‘the Committee’’. 

Page 55 line 25, insert ‘‘, the Committee on Agriculture of the 

House of Representatives, and the Committee on Agriculture, Nutrition and Forestry of the Senate’’ after ‘‘Senate’’. 

Page 56, line 4, insert ‘‘agricultural’’ after ‘‘scope of’’. 

Page 57, beginning on line 15, strike ‘‘other sectors engaged in 

commerce’’ and insert ‘‘agricultural end-users’’. 

Strike line 20 on page 57 and all that follows through page 58, 

line 2, and insert the following: 

‘‘(3) DEFINITIONS.—In this subsection: 

‘‘(A) FARM SUPPLIES MERCHANT WHOLESALER.—The term 

‘farm supplies merchant wholesaler’ means a covered 

chemical facility that is primarily engaged in the merchant 

wholesale distribution of farm supplies, such as animal 

feeds, fertilizers, agricultural chemicals, pesticides, plant 

seeds, and plant bulbs. 

‘‘(B) AGRICULTURAL END-USERS.—The term ‘agricultural 

end-users’ means facilities such as— 


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‘‘(i) farms, including crop, fruit, nut, and vegetable 

farms; 

‘‘(ii) ranches and rangeland; 

‘‘(iii) poultry, dairy, and equine facilities; 

‘‘(iv) turfgrass growers; 

‘‘(v) golf courses; 

‘‘(vi) nurseries; 

‘‘(vii) floricultural operations; and 

‘‘(viii) public and private parks. 

8. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE MCCAUL, 

MICHAEL OF TEXAS, OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

Page 76, beginning on line 11, strike the proposed section 2116 

and redesignate the proposed sections 2117 through 2120 as sections 2116 through 2119, respectively. 

Page 88, in the proposed amendment to the table of contents of 

the Homeland Security Act of 2002, strike the item relating to section 2116 and redesignate the items relating to sections 2117 

through 2120 as items relating to sections 2116 through 2119, respectively. 

9. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE

HALVORSON, DEBORAH OF ILLINOIS, OR HER DESIGNEE, DEBATABLE FOR 10 MINUTES

Page 58, beginning on line 3, strike ‘‘ASSESSMENT OF IMPACTS ON

SMALL COVERED CHEMICAL FACILITIES’’ and insert ‘‘SMALL COVERED CHEMICAL FACILITIES’’. 

Page 58, after line 4, insert the following: 

‘‘(1) GUIDANCE FOR SMALL COVERED CHEMICAL FACILITIES.— 

The Secretary may provide guidance and, as appropriate, tools, 

methodologies, or computer software, to assist small covered 

chemical facilities in complying with the requirements of this 

section. 

Page 58, line 5, strike ‘‘(1) IN GENERAL’’ and insert ‘‘(2) ASSESSMENT OF IMPACTS ON SMALL COVERED CHEMICAL FACILITIES’’. 

Page 59, line 20, strike ‘‘(2) DEFINITION’’ and insert ‘‘(3) DEFINITION’’. 

10. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE FOSTER, 

BILL OF ILLINOIS, OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

Page 13, after line 21, insert the following: 

‘‘(13) The term ‘academic laboratory’ means a facility or area 

owned by an institution of higher education (as defined under 

section 101 of the Higher Education Act of 1965 (20 U.S.C. 

1001)) or a non-profit research institute or teaching hospital 

that has a formal affiliation with an institution of higher education, including photo laboratories, art studios, field laboratories, research farms, chemical stockrooms, and preparatory 

laboratories, where relatively small quantities of chemicals and 

other substances, as determined by the Secretary, are used on 

a non-production basis for teaching, research, or diagnostic 


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purposes, and are stored and used in containers that are typically manipulated by one person. 

Page 20, line 12, strike ‘‘and’’ after the semicolon. 

Page 20, line 19, strike the period after ‘‘disapproval’’ and insert 

‘‘; and’’. 

Page 20, after line 19, insert the following: 

‘‘(H) establish, as appropriate, modified or separate 

standards, protocols, and procedures for security vulnerability assessments and site security plans for covered 

chemical facilities that are also academic laboratories. 

Æ 


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