IB 

Union Calendar No. 179 

111TH CONGRESS 

1ST SESSION H. R. 3258 

[Report No. 111–313] 

To amend the Safe Drinking Water Act to enhance the security of the 

public water systems of the United States. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 20, 2009 

Mr. WAXMAN (for himself, Mr. MARKEY of Massachusetts, Mr. PALLONE, 

Mrs. CAPPS, Mr. SARBANES, and Ms. SCHAKOWSKY) introduced the following bill; which was referred to the Committee on Energy and Commerce 

OCTOBER 23, 2009 

Additional sponsors: Ms. SHEA-PORTER, Mr. HINCHEY, Mr. COHEN, Mrs. 

MALONEY, and Mr. BERMAN

OCTOBER 23, 2009 

Reported with an amendment, committed to the Committee of the Whole 

House on the State of the Union, and ordered to be printed 

[Strike out all after the enacting clause and insert the part printed in italic] 

[For text of introduced bill, see copy of bill as introduced on July 20, 2009] 

A BILL 

To amend the Safe Drinking Water Act to enhance the 

security of the public water systems of the United States. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Drinking Water System 

3 Security Act of 2009’’. 

4 SEC. 2. INTENTIONAL ACTS AFFECTING THE SECURITY OF 

5 COVERED WATER SYSTEMS. 

6 (a) AMENDMENT OF SAFE DRINKING WATER ACT.— 

7 Section 1433 of the Safe Drinking Water Act (42 U.S.C. 

8 300i–2) is amended to read as follows: 

9 ‘‘SEC. 1433. INTENTIONAL ACTS. 

10 ‘‘(a) RISK-BASED PERFORMANCE STANDARDS; VUL11 NERABILITY ASSESSMENTS; SITE SECURITY PLANS; EMER12 GENCY RESPONSE PLANS.— 

13 ‘‘(1) IN GENERAL.—The Administrator shall 

14 issue regulations— 

15 ‘‘(A) establishing risk-based performance 

16 standards for the security of covered water sys17 tems; and 

18 ‘‘(B) establishing requirements and dead19 lines for each covered water system— 

20 ‘‘(i) to conduct a vulnerability assess21 ment or, if the system already has a vulner22 ability assessment, to revise the assessment 

23 to be in accordance with this section; 

24 ‘‘(ii) to update the vulnerability assess25 ment not less than every 5 years and 

26 promptly after any change at the system 


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1 that could cause the reassignment of the sys2 tem to a different risk-based tier under sub3 section (d); 

4 ‘‘(iii) to develop, implement, and, as 

5 appropriate, revise a site security plan not 

6 less than every 5 years and promptly after 

7 a revision to the vulnerability assessment; 

8 ‘‘(iv) to develop an emergency response 

9 plan (or, if the system has already devel10 oped an emergency response plan, to revise 

11 the plan to be in accordance with this sec12 tion) and revise the plan not less than every 

13 5 years thereafter; and 

14 ‘‘(v) to provide annual training to em15 ployees and contractor employees of covered 

16 water systems on implementing site security 

17 plans and emergency response plans. 

18 ‘‘(2) COVERED WATER SYSTEMS.—For purposes 

19 of this section, the term ‘covered water system’ means 

20 a public water system that— 

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

22 a population greater than 3,300; or 

23 ‘‘(B) in the discretion of the Administrator, 

24 presents a security risk making regulation under 

25 this section appropriate. 


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1 ‘‘(3) CONSULTATION WITH STATE AUTHORI2 TIES.—In developing and carrying out the regula3 tions under paragraph (1), the Administrator shall 

4 consult with States exercising primary enforcement 

5 responsibility for public water systems. 

6 ‘‘(4) CONSULTATION WITH OTHER PERSONS.—In 

7 developing and carrying out the regulations under 

8 paragraph (1), the Administrator shall consult with 

9 the Secretary of Homeland Security, and, as appro10 priate, other persons regarding— 

11 ‘‘(A) provision of threat-related and other 

12 baseline information to covered water systems; 

13 ‘‘(B) designation of substances of concern; 

14 ‘‘(C) development of risk-based performance 

15 standards; 

16 ‘‘(D) establishment of risk-based tiers and 

17 process for the assignment of covered water sys18 tems to risk-based tiers; 

19 ‘‘(E) process for the development and eval20 uation of vulnerability assessments, site security 

21 plans, and emergency response plans; 

22 ‘‘(F) treatment of protected information; 

23 ‘‘(G) security at co-managed drinking water 

24 and wastewater facilities; and 


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1 ‘‘(H) such other matters as the Adminis2 trator determines necessary. 

3 ‘‘(5) SUBSTANCES OF CONCERN.—For purposes 

4 of this section, the Administrator, in consultation 

5 with the Secretary of Homeland Security— 

6 ‘‘(A) may designate any chemical substance 

7 as a substance of concern; 

8 ‘‘(B) at the time any substance is des9 ignated pursuant to subparagraph (A), shall es10 tablish by rule a threshold quantity for the re11 lease or theft of the substance, taking into ac12 count the toxicity, reactivity, volatility, 

13 dispersability, combustibility, and flammability 

14 of the substance and the amount of the substance 

15 that, as a result of a release, is known to cause 

16 or may be reasonably anticipated to cause death, 

17 injury, or serious adverse effects to human health 

18 or the environment; and 

19 ‘‘(C) in making such a designation, shall 

20 take into account appendix A to part 27 of title 

21 6, Code of Federal Regulations (or any successor 

22 regulations). 

23 ‘‘(6) BASELINE INFORMATION.—The Adminis24 trator, after consultation with appropriate depart25 ments and agencies of the Federal Government and 


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1 with State, local, and tribal governments, shall, for 

2 purposes of facilitating compliance with the require3 ments of this section, promptly after the effective date 

4 of the regulations under subsection (a)(1) and as ap5 propriate thereafter, provide baseline information to 

6 covered water systems regarding which kinds of inten7 tional acts are the probable threats to— 

8 ‘‘(A) substantially disrupt the ability of the 

9 system to provide a safe and reliable supply of 

10 drinking water; 

11 ‘‘(B) cause the release of a substance of con12 cern at the covered water system; or 

13 ‘‘(C) cause the theft, misuse, or misappro14 priation of a substance of concern. 

15 ‘‘(b) RISK-BASED PERFORMANCE STANDARDS.—The 

16 regulations under subsection (a)(1) shall set forth risk-based 

17 performance standards for site security plans required by 

18 this section. The standards shall be separate and, as appro19 priate, increasingly stringent based on the level of risk asso20 ciated with the covered water system’s risk-based tier as21 signment under subsection (d). In developing such stand22 ards, the Administrator shall take into account section 

23 27.230 of title 6, Code of Federal Regulations (or any suc24 cessor regulations). 


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1 ‘‘(c) VULNERABILITY ASSESSMENT.—The regulations 

2 under subsection (a)(1) shall require each covered water sys3 tem to assess the system’s vulnerability to a range of inten4 tional acts, including an intentional act that results in a 

5 release of a substance of concern that is known to cause or 

6 may be reasonably anticipated to cause death, injury, or 

7 serious adverse effects to human health or the environment. 

8 At a minimum, the vulnerability assessment shall include 

9 a review of— 

10 ‘‘(1) pipes and constructed conveyances; 

11 ‘‘(2) physical barriers; 

12 ‘‘(3) water collection, pretreatment, treatment, 

13 storage, and distribution facilities, including fire hy14 drants; 

15 ‘‘(4) electronic, computer, and other automated 

16 systems that are used by the covered water system; 

17 ‘‘(5) the use, storage, or handling of various 

18 chemicals, including substances of concern; 

19 ‘‘(6) the operation and maintenance of the cov20 ered water system; and 

21 ‘‘(7) the covered water system’s resiliency and 

22 ability to ensure continuity of operations in the event 

23 of a disruption caused by an intentional act. 

24 ‘‘(d) RISK-BASED TIERS.—The regulations under sub25 section (a)(1) shall provide for 4 risk-based tiers applicable 


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1 to covered water systems, with tier one representing the 

2 highest degree of security risk. 

3 ‘‘(1) ASSIGNMENT OF RISK-BASED TIERS.— 

4 ‘‘(A) SUBMISSION OF INFORMATION.—The 

5 Administrator may require a covered water sys6 tem to submit information in order to determine 

7 the appropriate risk-based tier for the covered 

8 water system. 

9 ‘‘(B) FACTORS TO CONSIDER.—The Admin10 istrator shall assign (and reassign when appro11 priate) each covered water system to one of the 

12 risk-based tiers established pursuant to this sub13 section. In assigning a covered water system to 

14 a risk-based tier, the Administrator shall con15 sider the potential consequences (such as death, 

16 injury, or serious adverse effects to human 

17 health, the environment, critical infrastructure, 

18 national security, and the national economy) 

19 from— 

20 ‘‘(i) an intentional act to cause a re21 lease, including a worst-case release, of a 

22 substance of concern at the covered water 

23 system; 

24 ‘‘(ii) an intentional act to introduce a 

25 contaminant into the drinking water supply 


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1 or disrupt the safe and reliable supply of 

2 drinking water; and 

3 ‘‘(iii) an intentional act to steal, mis4 appropriate, or misuse substances of con5 cern. 

6 ‘‘(2) EXPLANATION FOR RISK-BASED TIER AS7 SIGNMENT.—The Administrator shall provide each 

8 covered water system assigned to a risk-based tier 

9 with the reasons for the tier assignment and whether 

10 such system is required to submit an assessment 

11 under subsection (g)(2). 

12 ‘‘(e) DEVELOPMENT AND IMPLEMENTATION OF SITE

13 SECURITY PLANS.—The regulations under subsection (a)(1) 

14 shall permit each covered water system, in developing and 

15 implementing its site security plan required by this section, 

16 to select layered security and preparedness measures that, 

17 in combination, appropriately— 

18 ‘‘(1) address the security risks identified in its 

19 vulnerability assessment; and 

20 ‘‘(2) comply with the applicable risk-based per21 formance standards required under this section. 

22 ‘‘(f) ROLE OF EMPLOYEES.— 

23 ‘‘(1) DESCRIPTION OF ROLE.—Site security 

24 plans and emergency response plans required under 

25 this section shall describe the appropriate roles or reVerDate Nov 24 2008 02:25 Oct 24, 2009 Jkt 089200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6203 E:\BILLS\H3258.RH H3258

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1 sponsibilities that employees and contractor employees 

2 are expected to perform to deter or respond to the in3 tentional acts described in subsection (d)(1)(B). 

4 ‘‘(2) TRAINING FOR EMPLOYEES.—Each covered 

5 water system shall annually provide employees and 

6 contractor employees with roles or responsibilities de7 scribed in paragraph (1) with a minimum of 8 hours 

8 of training on carrying out those roles or responsibil9 ities. 

10 ‘‘(3) EMPLOYEE PARTICIPATION.—In developing, 

11 revising, or updating a vulnerability assessment, site 

12 security plan, and emergency response plan required 

13 under this section, a covered water system shall in14 clude— 

15 ‘‘(A) at least one supervisory and at least 

16 one non-supervisory employee of the covered 

17 water system; and 

18 ‘‘(B) at least one representative of each cer19 tified or recognized bargaining agent rep20 resenting facility employees or contractor em21 ployees with roles or responsibilities described in 

22 paragraph (1), if any, in a collective bargaining 

23 relationship with the private or public owner or 

24 operator of the system or with a contractor to 

25 that system.


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1 ‘‘(g) METHODS TO REDUCE THE CONSEQUENCES OF

2 A CHEMICAL RELEASE FROM AN INTENTIONAL ACT.— 

3 ‘‘(1) DEFINITION.—In this section, the term 

4 ‘method to reduce the consequences of a chemical re5 lease from an intentional act’ means a measure at a 

6 covered water system that reduces or eliminates the 

7 potential consequences of a release of a substance of 

8 concern from an intentional act such as— 

9 ‘‘(A) the elimination or reduction in the 

10 amount of a substance of concern possessed or 

11 planned to be possessed by a covered water sys12 tem through the use of alternate substances, for13 mulations, or processes; 

14 ‘‘(B) the modification of pressures, tempera15 tures, or concentrations of a substance of con16 cern; and 

17 ‘‘(C) the reduction or elimination of onsite 

18 handling of a substance of concern through im19 provement of inventory control or chemical use 

20 efficiency. 

21 ‘‘(2) ASSESSMENT.—For each covered water sys22 tem that possesses or plans to possess a substance of 

23 concern in excess of the release threshold quantity set 

24 by the Administrator under subsection (a)(5), the reg25 ulations under subsection (a)(1) shall require the covVerDate Nov 24 2008 02:25 Oct 24, 2009 Jkt 089200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6203 E:\BILLS\H3258.RH H3258

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1 ered water system to include in its site security plan 

2 an assessment of methods to reduce the consequences 

3 of a chemical release from an intentional act at the 

4 covered water system. The covered water system shall 

5 provide such assessment to the Administrator and the 

6 State exercising primary enforcement responsibility 

7 for the covered water system, if any. The regulations 

8 under subsection (a)(1) shall require the system, in 

9 preparing the assessment, to consider factors appro10 priate to the system’s security, public health, or envi11 ronmental mission, and include— 

12 ‘‘(A) a description of the methods to reduce 

13 the consequences of a chemical release from an 

14 intentional act; 

15 ‘‘(B) how each described method to reduce 

16 the consequences of a chemical release from an 

17 intentional act could, if applied, reduce the po18 tential extent of death, injury, or serious adverse 

19 effects to human health resulting from a chemical 

20 release; 

21 ‘‘(C) how each described method to reduce 

22 the consequences of a chemical release from an 

23 intentional act could, if applied, affect the pres24 ence of contaminants in treated water, human 

25 health, or the environment; 


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1 ‘‘(D) whether each described method to re2 duce the consequences of a chemical release from 

3 an intentional act at the covered water system is 

4 feasible, as defined in section 1412(b)(4)(D), but 

5 not including cost calculations under subpara6 graph (E); 

7 ‘‘(E) the costs (including capital and oper8 ational costs) and avoided costs (including sav9 ings and liabilities) associated with applying 

10 each described method to reduce the consequences 

11 of a chemical release from an intentional act at 

12 the covered water system; 

13 ‘‘(F) any other relevant information that 

14 the covered water system relied on in conducting 

15 the assessment; and 

16 ‘‘(G) a statement of whether the covered 

17 water system has implemented or plans to imple18 ment one or more methods to reduce the con19 sequences of a chemical release from an inten20 tional act, a description of any such methods, 

21 and, in the case of a covered water system de22 scribed in paragraph (3)(A), an explanation of 

23 the reasons for any decision not to implement 

24 any such methods. 

25 ‘‘(3) REQUIRED METHODS.— 


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1 ‘‘(A) APPLICATION.—This paragraph ap2 plies to a covered water system— 

3 ‘‘(i) that is assigned to one of the two 

4 highest risk-based tiers under subsection (d); 

5 and 

6 ‘‘(ii) that possesses or plans to possess 

7 a substance of concern in excess of the re8 lease threshold quantity set by the Adminis9 trator under subsection (a)(5). 

10 ‘‘(B) HIGHEST-RISK SYSTEMS.—If, on the 

11 basis of its assessment under paragraph (2), a 

12 covered water system described in subparagraph 

13 (A) decides not to implement methods to reduce 

14 the consequences of a chemical release from an 

15 intentional act, the State exercising primary en16 forcement responsibility for the covered water 

17 system, if the system is located in such a State, 

18 or the Administrator, if the covered water system 

19 is not located in such a State, shall, in accord20 ance with a timeline set by the Administrator— 

21 ‘‘(i) determine whether to require the 

22 covered water system to implement the 

23 methods; and 


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1 ‘‘(ii) for States exercising primary en2 forcement responsibility, report such deter3 mination to the Administrator. 

4 ‘‘(C) STATE OR ADMINISTRATOR’S CONSID5 ERATIONS.—Before requiring, pursuant to sub6 paragraph (B), the implementation of a method 

7 to reduce the consequences of a chemical release 

8 from an intentional act, the State exercising pri9 mary enforcement responsibility for the covered 

10 water system, if the system is located in such a 

11 State, or the Administrator, if the covered water 

12 system is not located in such a State, shall con13 sider factors appropriate to the security, public 

14 health, and environmental missions of covered 

15 water systems, including an examination of 

16 whether the method— 

17 ‘‘(i) would significantly reduce the risk 

18 of death, injury, or serious adverse effects to 

19 human health resulting directly from a 

20 chemical release from an intentional act at 

21 the covered water system; 

22 ‘‘(ii) would not increase the interim 

23 storage of a substance of concern by the cov24 ered water system; 


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1 ‘‘(iii) would not render the covered 

2 water system unable to comply with other 

3 requirements of this Act or drinking water 

4 standards established by the State or polit5 ical subdivision in which the system is lo6 cated; and 

7 ‘‘(iv) is feasible, as defined in section 

8 1412(b)(4)(D), to be incorporated into the 

9 operation of the covered water system. 

10 ‘‘(D) APPEAL.—Before requiring, pursuant 

11 to subparagraph (B), the implementation of a 

12 method to reduce the consequences of a chemical 

13 release from an intentional act, the State exer14 cising primary enforcement responsibility for the 

15 covered water system, if the system is located in 

16 such a State, or the Administrator, if the covered 

17 water system is not located in such a State, shall 

18 provide such covered water system an oppor19 tunity to appeal the determination to require 

20 such implementation made pursuant to subpara21 graph (B) by such State or the Administrator. 

22 ‘‘(4) INCOMPLETE OR LATE ASSESSMENTS.— 

23 ‘‘(A) INCOMPLETE ASSESSMENTS.—If the 

24 Administrator finds that the covered water sys25 tem, in conducting its assessment under paraVerDate Nov 24 2008 02:25 Oct 24, 2009 Jkt 089200 PO 00000 Frm 00016 Fmt 6652 Sfmt 6203 E:\BILLS\H3258.RH H3258

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1 graph (2), did not meet the requirements of 

2 paragraph (2) and the applicable regulations, 

3 the Administrator shall, after notifying the cov4 ered water system and the State exercising pri5 mary enforcement responsibility for that system, 

6 if any, require the covered water system to sub7 mit a revised assessment not later than 60 days 

8 after the Administrator notifies such system. The 

9 Administrator may require such additional revi10 sions as are necessary to ensure that the system 

11 meets the requirements of paragraph (2) and the 

12 applicable regulations. 

13 ‘‘(B) LATE ASSESSMENTS.—If the Adminis14 trator finds that a covered water system, in con15 ducting its assessment pursuant to paragraph 

16 (2), did not complete such assessment in accord17 ance with the deadline set by the Administrator, 

18 the Administrator may, after notifying the cov19 ered water system and the State exercising pri20 mary enforcement responsibility for that system, 

21 if any, take appropriate enforcement action 

22 under subsection (o). 

23 ‘‘(C) REVIEW.—The State exercising pri24 mary enforcement responsibility for the covered 

25 water system, if the system is located in such a 


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1 State, or the Administrator, if the system is not 

2 located in such a State, shall review a revised as3 sessment that meets the requirements of para4 graph (2) and applicable regulations to deter5 mine whether the covered water system will be 

6 required to implement methods to reduce the con7 sequences of an intentional act pursuant to 

8 paragraph (3). 

9 ‘‘(5) ENFORCEMENT.— 

10 ‘‘(A) FAILURE BY STATE TO MAKE DETER11 MINATION.—Whenever the Administrator finds 

12 that a State exercising primary enforcement re13 sponsibility for a covered water system has failed 

14 to determine whether to require the covered water 

15 system to implement methods to reduce the con16 sequences of a chemical release from an inten17 tional act, as required by paragraph (3)(B), the 

18 Administrator shall so notify the State and cov19 ered water system. If, beyond the thirtieth day 

20 after the Administrator’s notification under the 

21 preceding sentence, the State has failed to make 

22 the determination described in such sentence, the 

23 Administrator shall so notify the State and cov24 ered water system and shall determine whether to 

25 require the covered water system to implement 


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1 methods to reduce the consequences of a chemical 

2 release from an intentional act based on the fac3 tors described in paragraph (3)(C). 

4 ‘‘(B) FAILURE BY STATE TO BRING EN5 FORCEMENT ACTION.—If the Administrator 

6 finds, with respect to a period in which a State 

7 has primary enforcement responsibility for a 

8 covered water system, that the system has failed 

9 to implement methods to reduce the consequences 

10 of a chemical release from an intentional act (as 

11 required by the State or the Administrator under 

12 paragraph (3)(B) or the Administrator under 

13 subparagraph (A)), the Administrator shall so 

14 notify the State and the covered water system. If, 

15 beyond the thirtieth day after the Administra16 tor’s notification under the preceding sentence, 

17 the State has not commenced appropriate en18 forcement action, the Administrator shall so no19 tify the State and may commence an enforce20 ment action against the system, including by 

21 seeking or imposing civil penalties under sub22 section (o), to require implementation of such 

23 methods. 

24 ‘‘(C) CONSIDERATION OF CONTINUED PRI25 MARY ENFORCEMENT RESPONSIBILITY.—For a 


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1 State with primary enforcement responsibility 

2 for a covered water system, the Administrator 

3 may consider the failure of such State to make 

4 a determination as described under subpara5 graph (A) or to bring enforcement action as de6 scribed under subparagraph (B) when deter7 mining whether a State may retain primary en8 forcement responsibility under this Act. 

9 ‘‘(6) GUIDANCE FOR COVERED WATER SYSTEMS

10 ASSIGNED TO TIER 3 AND TIER 4.—For covered water 

11 systems required to conduct an assessment under 

12 paragraph (2) and assigned by the Administrator to 

13 tier 3 or tier 4 under subsection (d), the Adminis14 trator shall issue guidance and, as appropriate, pro15 vide or recommend tools, methodologies, or computer 

16 software, to assist such covered water systems in com17 plying with the requirements of this section. 

18 ‘‘(h) REVIEW BY ADMINISTRATOR.— 

19 ‘‘(1) IN GENERAL.—The regulations under sub20 section (a)(1) shall require each covered water system 

21 to submit its vulnerability assessment and site secu22 rity plan to the Administrator for review according 

23 to deadlines set by the Administrator. The Adminis24 trator shall review each vulnerability assessment and 

25 site security plan submitted under this section and— 


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1 ‘‘(A) if the assessment or plan has any sig2 nificant deficiency described in paragraph (2), 

3 require the covered water system to correct the 

4 deficiency; or 

5 ‘‘(B) approve such assessment or plan. 

6 ‘‘(2) SIGNIFICANT DEFICIENCIES.—A vulner7 ability assessment or site security plan of a covered 

8 water system has a significant deficiency under this 

9 subsection if the Administrator, in consultation, as 

10 appropriate, with the State exercising primary en11 forcement responsibility for such system, if any, deter12 mines that— 

13 ‘‘(A) such assessment does not comply with 

14 the regulations established under section (a)(1); 

15 or 

16 ‘‘(B) such plan— 

17 ‘‘(i) fails to address vulnerabilities 

18 identified in a vulnerability assessment; or 

19 ‘‘(ii) fails to meet applicable risk-based 

20 performance standards.

21 ‘‘(3) STATE, REGIONAL, OR LOCAL GOVERN22 MENTAL ENTITIES.—No covered water system shall be 

23 required under State, local, or tribal law to provide 

24 a vulnerability assessment or site security plan de25 scribed in this section to any State, regional, local, or 


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1 tribal governmental entity solely by reason of the re2 quirement set forth in paragraph (1) that the system 

3 submit such an assessment and plan to the Adminis4 trator. 

5 ‘‘(i) EMERGENCY RESPONSE PLAN.— 

6 ‘‘(1) IN GENERAL.—Each covered water system 

7 shall prepare or revise, as appropriate, an emergency 

8 response plan that incorporates the results of the sys9 tem’s most current vulnerability assessment and site 

10 security plan. 

11 ‘‘(2) CERTIFICATION.—Each covered water sys12 tem shall certify to the Administrator that the system 

13 has completed an emergency response plan. The sys14 tem shall submit such certification to the Adminis15 trator not later than 6 months after the system’s first 

16 completion or revision of a vulnerability assessment 

17 under this section and shall submit an additional cer18 tification following any update of the emergency re19 sponse plan. 

20 ‘‘(3) CONTENTS.—A covered water system’s emer21 gency response plan shall include— 

22 ‘‘(A) plans, procedures, and identification 

23 of equipment that can be implemented or used in 

24 the event of an intentional act at the covered 

25 water system; and 


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1 ‘‘(B) actions, procedures, and identification 

2 of equipment that can obviate or significantly 

3 lessen the impact of intentional acts on public 

4 health and the safety and supply of drinking 

5 water provided to communities and individuals. 

6 ‘‘(4) COORDINATION.—As part of its emergency 

7 response plan, each covered water system shall pro8 vide appropriate information to any local emergency 

9 planning committee, local law enforcement officials, 

10 and local emergency response providers to ensure an 

11 effective, collective response. 

12 ‘‘(j) MAINTENANCE OF RECORDS.—Each covered water 

13 system shall maintain an updated copy of its vulnerability 

14 assessment, site security plan, and emergency response 

15 plan. 

16 ‘‘(k) AUDIT; INSPECTION.— 

17 ‘‘(1) IN GENERAL.—Notwithstanding section 

18 1445(b)(2), the Administrator, or duly designated 

19 representatives of the Administrator, shall audit and 

20 inspect covered water systems, as necessary, for pur21 poses of determining compliance with this section. 

22 ‘‘(2) ACCESS.—In conducting an audit or in23 spection of a covered water system, the Administrator 

24 or duly designated representatives of the Adminis25 trator, as appropriate, shall have access to the owners, 


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1 operators, employees and contractor employees, and 

2 employee representatives, if any, of such covered 

3 water system. 

4 ‘‘(3) CONFIDENTIAL COMMUNICATION OF INFOR5 MATION; AIDING INSPECTIONS.—The Administrator, 

6 or a duly designated representative of the Adminis7 trator, shall offer non-supervisory employees of a cov8 ered water system the opportunity confidentially to 

9 communicate information relevant to the employer’s 

10 compliance or noncompliance with this section, in11 cluding compliance or noncompliance with any regu12 lation or requirement adopted by the Administrator 

13 in furtherance of the purposes of this section. A rep14 resentative of each certified or recognized bargaining 

15 agent described in subsection (f)(3)(B), if any, or, if 

16 none, a non-supervisory employee, shall be given an 

17 opportunity to accompany the Administrator, or the 

18 duly designated representative of the Administrator, 

19 during the physical inspection of any covered water 

20 system for the purpose of aiding such inspection, if 

21 representatives of the covered water system will also 

22 be accompanying the Administrator or the duly des23 ignated representative of the Administrator on such 

24 inspection. 

25 ‘‘(l) PROTECTION OF INFORMATION.— 


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1 ‘‘(1) PROHIBITION OF PUBLIC DISCLOSURE OF

2 PROTECTED INFORMATION.—Protected information 

3 shall— 

4 ‘‘(A) be exempt from disclosure under sec5 tion 552 of title 5, United States Code; and 

6 ‘‘(B) not be made available pursuant to any 

7 State, local, or tribal law requiring disclosure of 

8 information or records. 

9 ‘‘(2) INFORMATION SHARING.— 

10 ‘‘(A) IN GENERAL.—The Administrator 

11 shall prescribe such regulations, and may issue 

12 such orders, as necessary to prohibit the unau13 thorized disclosure of protected information, as 

14 described in paragraph (7). 

15 ‘‘(B) SHARING OF PROTECTED INFORMA16 TION.—The regulations under subparagraph (A) 

17 shall provide standards for and facilitate the ap18 propriate sharing of protected information with 

19 and between Federal, State, local, and tribal au20 thorities, first responders, law enforcement offi21 cials, designated supervisory and non-super22 visory covered water system personnel with secu23 rity, operational, or fiduciary responsibility for 

24 the system, and designated facility employee rep25 resentatives, if any. Such standards shall include 


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1 procedures for the sharing of all portions of a 

2 covered water system’s vulnerability assessment 

3 and site security plan relating to the roles and 

4 responsibilities of system employees or contractor 

5 employees under subsection (f)(1) with a rep6 resentative of each certified or recognized bar7 gaining agent representing such employees, if 

8 any, or, if none, with at least one supervisory 

9 and at least one non-supervisory employee with 

10 roles and responsibilities under subsection (f)(1). 

11 ‘‘(C) PENALTIES.—Protected information, 

12 as described in paragraph (7), shall not be 

13 shared except in accordance with the standards 

14 provided by the regulations under subparagraph 

15 (A). Any person who purposefully publishes, di16 vulges, discloses, or makes known protected infor17 mation in any manner or to any extent not au18 thorized by the standards provided by the regula19 tions under subparagraph (A), shall, upon con20 viction, be imprisoned for not more than one 

21 year or fined in accordance with the provisions 

22 of chapter 227 of title 18, United States Code, 

23 applicable to class A misdemeanors, or both, and, 

24 in the case of Federal employees or officeholders, 


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1 shall be removed from Federal office or employ2 ment. 

3 ‘‘(3) TREATMENT OF INFORMATION IN ADJUDICA4 TIVE PROCEEDINGS.—In any judicial or administra5 tive proceeding, protected information, as described in 

6 paragraph (7), shall be treated in a manner con7 sistent with the treatment of Sensitive Security Infor8 mation under section 525 of the Department of 

9 Homeland Security Appropriations Act, 2007 (Public 

10 Law 109–295; 120 Stat. 1381). 

11 ‘‘(4) OTHER OBLIGATIONS UNAFFECTED.—Ex12 cept as provided in subsection (h)(3), nothing in this 

13 section amends or affects an obligation of a covered 

14 water system— 

15 ‘‘(A) to submit or make available informa16 tion to system employees, employee organiza17 tions, or a Federal, State, tribal, or local govern18 ment agency under any other law; or 

19 ‘‘(B) to comply with any other law. 

20 ‘‘(5) CONGRESSIONAL OVERSIGHT.—Nothing in 

21 this section permits or authorizes the withholding of 

22 information from Congress or any committee or sub23 committee thereof. 

24 ‘‘(6) DISCLOSURE OF INDEPENDENTLY FUR25 NISHED INFORMATION.—Nothing in this section 


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1 amends or affects any authority or obligation of a 

2 Federal, State, local, or tribal agency to protect or 

3 disclose any record or information that the Federal, 

4 State, local, or tribal agency obtains from a covered 

5 water system or the Administrator under any other 

6 law. 

7 ‘‘(7) PROTECTED INFORMATION.— 

8 ‘‘(A) IN GENERAL.—For purposes of this 

9 section, protected information is any of the fol10 lowing: 

11 ‘‘(i) Vulnerability assessments and site 

12 security plans under this section, including 

13 any assessment developed pursuant to sub14 section (g)(2). 

15 ‘‘(ii) Documents directly related to the 

16 Administrator’s review of assessments and 

17 plans described in clause (i) and, as appli18 cable, the State’s review of an assessment 

19 prepared under subsection (g)(2). 

20 ‘‘(iii) Documents directly related to in21 spections and audits under this section. 

22 ‘‘(iv) Orders, notices, or letters regard23 ing the compliance of a covered water sys24 tem with the requirements of this section. 


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1 ‘‘(v) Information required to be pro2 vided to, or documents and records created 

3 by, the Administrator under subsection (d). 

4 ‘‘(vi) Documents directly related to se5 curity drills and training exercises, security 

6 threats and breaches of security, and main7 tenance, calibration, and testing of security 

8 equipment. 

9 ‘‘(vii) Other information, documents, 

10 and records developed exclusively for the 

11 purposes of this section that the Adminis12 trator determines would be detrimental to 

13 the security of one or more covered water 

14 systems if disclosed. 

15 ‘‘(B) DETRIMENT REQUIREMENT.—For pur16 poses of clauses (ii), (iii), (iv), (v), and (vi) of 

17 subparagraph (A), the only portions of docu18 ments, records, orders, notices, and letters that 

19 shall be considered protected information are 

20 those portions that— 

21 ‘‘(i) would be detrimental to the secu22 rity of one or more covered water systems if 

23 disclosed; and 


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1 ‘‘(ii) are developed by the Adminis2 trator, the State, or the covered water sys3 tem for the purposes of this section. 

4 ‘‘(C) EXCLUSIONS.—For purposes of this 

5 section, protected information does not include— 

6 ‘‘(i) information that is otherwise pub7 licly available, including information that 

8 is required to be made publicly available 

9 under any law; 

10 ‘‘(ii) information that a covered water 

11 system has lawfully disclosed other than in 

12 accordance with this section; and 

13 ‘‘(iii) information that, if disclosed, 

14 would not be detrimental to the security of 

15 one or more covered water systems, includ16 ing aggregate regulatory data that the Ad17 ministrator determines appropriate to de18 scribe system compliance with the require19 ments of this section and the Administra20 tor’s implementation of such requirements. 

21 ‘‘(m) RELATION TO CHEMICAL FACILITY SECURITY

22 REQUIREMENTS.—The following provisions (and any regu23 lations promulgated thereunder) shall not apply to any 

24 public water system subject to this Act: 


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1 ‘‘(1) Title XXI of the Homeland Security Act of 

2 2002 (as proposed to be added by H.R. 2868, the 

3 Chemical Facility Anti-Terrorism Act of 2009). 

4 ‘‘(2) Section 550 of the Department of Homeland 

5 Security Appropriations Act, 2007 (Public Law 109– 

6 295). 

7 ‘‘(3) The Chemical Facility Anti-Terrorism Act 

8 of 2009. 

9 ‘‘(n) PREEMPTION.—This section does not preclude or 

10 deny the right of any State or political subdivision thereof 

11 to adopt or enforce any regulation, requirement, or stand12 ard of performance with respect to a covered water system 

13 that is more stringent than a regulation, requirement, or 

14 standard of performance under this section. 

15 ‘‘(o) VIOLATIONS.— 

16 ‘‘(1) IN GENERAL.—A covered water system that 

17 violates any requirement of this section, including by 

18 not implementing all or part of its site security plan 

19 by such date as the Administrator requires, shall be 

20 liable for a civil penalty of not more than $25,000 for 

21 each day on which the violation occurs. 

22 ‘‘(2) PROCEDURE.—When the Administrator de23 termines that a covered water system is subject to a 

24 civil penalty under paragraph (1), the Administrator, 

25 after consultation with the State, for covered water 


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1 systems located in a State exercising primary respon2 sibility for the covered water system, and, after con3 sidering the severity of the violation or deficiency and 

4 the record of the covered water system in carrying out 

5 the requirements of this section, may— 

6 ‘‘(A) after notice and an opportunity for the 

7 covered water system to be heard, issue an order 

8 assessing a civil penalty under such paragraph 

9 for any past or current violation, requiring com10 pliance immediately or within a specified time 

11 period; or 

12 ‘‘(B) commence a civil action in the United 

13 States district court in the district in which the 

14 violation occurred for appropriate relief, includ15 ing temporary or permanent injunction. 

16 ‘‘(3) METHODS TO REDUCE THE CONSEQUENCES

17 OF A CHEMICAL RELEASE FROM AN INTENTIONAL

18 ACT.—Except as provided in subsections (g)(4) and 

19 (g)(5), if a covered water system is located in a State 

20 exercising primary enforcement responsibility for the 

21 system, the Administrator may not issue an order or 

22 commence a civil action under this section for any de23 ficiency in the content or implementation of the por24 tion of the system’s site security plan relating to 

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1 lease from an intentional act (as defined in subsection 

2 (g)(1)). 

3 ‘‘(p) REPORT TO CONGRESS.— 

4 ‘‘(1) PERIODIC REPORT.—Not later than 3 years 

5 after the effective date of the regulations under sub6 section (a)(1), and every 3 years thereafter, the Ad7 ministrator shall transmit to the Committee on En8 ergy and Commerce of the House of Representatives 

9 and the Committee on Environment and Public 

10 Works of the Senate a report on progress in achieving 

11 compliance with this section. Each such report shall 

12 include, at a minimum, the following: 

13 ‘‘(A) A generalized summary of measures 

14 implemented by covered water systems in order 

15 to meet each risk-based performance standard es16 tablished by this section. 

17 ‘‘(B) A summary of how the covered water 

18 systems, differentiated by risk-based tier assign19 ment, are complying with the requirements of 

20 this section during the period covered by the re21 port and how the Administrator is implementing 

22 and enforcing such requirements during such pe23 riod including— 


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1 ‘‘(i) the number of public water sys2 tems that provided the Administrator with 

3 information pursuant to subsection (d)(1); 

4 ‘‘(ii) the number of covered water sys5 tems assigned to each risk-based tier; 

6 ‘‘(iii) the number of vulnerability as7 sessments and site security plans submitted 

8 by covered water systems; 

9 ‘‘(iv) the number of vulnerability as10 sessments and site security plans approved 

11 and disapproved by the Administrator; 

12 ‘‘(v) the number of covered water sys13 tems without approved vulnerability assess14 ments or site security plans; 

15 ‘‘(vi) the number of covered water sys16 tems that have been assigned to a different 

17 risk-based tier due to implementation of a 

18 method to reduce the consequences of a 

19 chemical release from an intentional act 

20 and a description of the types of such im21 plemented methods; 

22 ‘‘(vii) the number of audits and inspec23 tions conducted by the Administrator or 

24 duly designated representatives of the Ad25 ministrator; 


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1 ‘‘(viii) the number of orders for com2 pliance issued by the Administrator; 

3 ‘‘(ix) the administrative penalties as4 sessed by the Administrator for non-compli5 ance with the requirements of this section; 

6 ‘‘(x) the civil penalties assessed by 

7 courts for non-compliance with the require8 ments of this section; and 

9 ‘‘(xi) any other regulatory data the Ad10 ministrator determines appropriate to de11 scribe covered water system compliance with 

12 the requirements of this section and the Ad13 ministrator’s implementation of such re14 quirements. 

15 ‘‘(2) PUBLIC AVAILABILITY.—A report submitted 

16 under this section shall be made publicly available. 

17 ‘‘(q) GRANT PROGRAMS.— 

18 ‘‘(1) IMPLEMENTATION GRANTS TO STATES.—The 

19 Administrator may award grants to, or enter into co20 operative agreements with, States, based on an alloca21 tion formula established by the Administrator, to as22 sist the States in implementing this section. 

23 ‘‘(2) RESEARCH, TRAINING, AND TECHNICAL AS24 SISTANCE GRANTS.—The Administrator may award 

25 grants to, or enter into cooperative agreements with, 


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1 non-profit organizations to provide research, training, 

2 and technical assistance to covered water systems to 

3 assist them in carrying out their responsibilities 

4 under this section. 

5 ‘‘(3) PREPARATION GRANTS.— 

6 ‘‘(A) GRANTS.—The Administrator may 

7 award grants to, or enter into cooperative agree8 ments with, covered water systems to assist such 

9 systems in— 

10 ‘‘(i) preparing and updating vulner11 ability assessments, site security plans, and 

12 emergency response plans; 

13 ‘‘(ii) assessing and implementing 

14 methods to reduce the consequences of a re15 lease of a substance of concern from an in16 tentional act; and 

17 ‘‘(iii) implementing any other security 

18 reviews and enhancements necessary to com19 ply with this section. 

20 ‘‘(B) PRIORITY.— 

21 ‘‘(i) NEED.—The Administrator, in 

22 awarding grants or entering into coopera23 tive agreements for purposes described in 

24 subparagraph (A)(i), shall give priority to 


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1 covered water systems that have the greatest 

2 need. 

3 ‘‘(ii) SECURITY RISK.—The Adminis4 trator, in awarding grants or entering into 

5 cooperative agreements for purposes de6 scribed in subparagraph (A)(ii), shall give 

7 priority to covered water systems that pose 

8 the greatest security risk. 

9 ‘‘(4) WORKER TRAINING GRANTS PROGRAM AU10 THORITY.— 

11 ‘‘(A) IN GENERAL.—The Administrator 

12 shall establish a grant program to award grants 

13 to eligible entities to provide for training and 

14 education of employees and contractor employees 

15 with roles or responsibilities described in sub16 section (f)(1) and first responders and emergency 

17 response providers who would respond to an in18 tentional act at a covered water system. 

19 ‘‘(B) ADMINISTRATION.—The Administrator 

20 shall enter into an agreement with the National 

21 Institute of Environmental Health Sciences to 

22 make and administer grants under this para23 graph. 


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1 ‘‘(C) USE OF FUNDS.—The recipient of a 

2 grant under this paragraph shall use the grant 

3 to provide for— 

4 ‘‘(i) training and education of employ5 ees and contractor employees with roles or 

6 responsibilities described in subsection 

7 (f)(1), including the annual mandatory 

8 training specified in subsection (f)(2) or 

9 training for first responders in protecting 

10 nearby persons, property, or the environ11 ment from the effects of a release of a sub12 stance of concern at the covered water sys13 tem, with priority given to covered water 

14 systems assigned to tier one or tier two 

15 under subsection (d); and 

16 ‘‘(ii) appropriate training for first re17 sponders and emergency response providers 

18 who would respond to an intentional act at 

19 a covered water system. 

20 ‘‘(D) ELIGIBLE ENTITIES.—For purposes of 

21 this paragraph, an eligible entity is a nonprofit 

22 organization with demonstrated experience in 

23 implementing and operating successful worker or 

24 first responder health and safety or security 

25 training programs. 


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1 ‘‘(r) AUTHORIZATION OF APPROPRIATIONS.— 

2 ‘‘(1) IN GENERAL.—To carry out this section, 

3 there are authorized to be appropriated— 

4 ‘‘(A) $315,000,000 for fiscal year 2011, of 

5 which up to— 

6 ‘‘(i) $30,000,000 may be used for ad7 ministrative costs incurred by the Adminis8 trator or the States, as appropriate; and 

9 ‘‘(ii) $125,000,000 may be used to im10 plement methods to reduce the consequences 

11 of a chemical release from an intentional 

12 act at covered water systems with priority 

13 given to covered water systems assigned to 

14 tier one or tier two under subsection (d); 

15 and 

16 ‘‘(B) such sums as may be necessary for fis17 cal years 2012 through 2015. 

18 ‘‘(2) SECURITY ENHANCEMENTS.—Funding 

19 under this subsection for basic security enhancements 

20 shall not include expenditures for personnel costs or 

21 monitoring, operation, or maintenance of facilities, 

22 equipment, or systems.’’. 

23 (b) REGULATIONS; TRANSITION.— 

24 (1) REGULATIONS.—Not later than 2 years after 

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1 trator of the Environmental Protection Agency shall 

2 promulgate final regulations to carry out section 1433 

3 of the Safe Drinking Water Act, as amended by sub4 section (a). 

5 (2) EFFECTIVE DATE.—Until the effective date of 

6 the regulations promulgated under paragraph (1), 

7 section 1433 of the Safe Drinking Water Act, as in 

8 effect on the day before the date of the enactment of 

9 this title, shall continue to apply. 

10 (3) SAVINGS PROVISION.—Nothing in this section 

11 or the amendment made by this section shall affect the 

12 application of section 1433 of the Safe Drinking 

13 Water Act, as in effect before the effective date of the 

14 regulations promulgated under paragraph (1), to any 

15 violation of such section 1433 occurring before such 

16 effective date, and the requirements of such section 

17 1433 shall remain in force and effect with respect to 

18 such violation until the violation has been corrected 

19 or enforcement proceedings completed, whichever is 

20 later. 

21 SEC. 3. STUDY TO ASSESS THE THREAT OF CONTAMINA22 TION OF DRINKING WATER DISTRIBUTION 

23 SYSTEMS. 

24 Not later than 180 days after the date of the enactment 

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1 tion Agency, in consultation with the Secretary of Home2 land Security, shall— 

3 (1) conduct a study to assess the threat of con4 tamination of drinking water being distributed 

5 through public water systems, including fire main 

6 systems; and 

7 (2) submit a report to the Congress on the results 

8 of such study. 


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Union Calendar No. 179 

111TH CONGRESS 

1ST SESSION H. R. 3258 

[Report No. 111–313] 

A BILL 

To amend the Safe Drinking Water Act to enhance 

United States. the security of the public water systems of the 

OCTOBER 23, 2009 

Reported with an amendment, committed to the Comand ordered to be printed mittee of the Whole House on the State of the Union, 


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