I 

111TH CONGRESS 

1ST SESSION H. R. 3258 

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 

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, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Drinking Water Sys5 tem Security Act of 2009’’. 


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1 SEC. 2. INTENTIONAL ACTS AFFECTING THE SECURITY OF 

2 COVERED WATER SYSTEMS. 

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

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

5 300i–2) is amended to read as follows: 

6 ‘‘SEC. 1433. INTENTIONAL ACTS. 

7 ‘‘(a) RISK-BASED PERFORMANCE STANDARDS; VUL8 NERABILITY ASSESSMENTS; SITE SECURITY PLANS; 

9 EMERGENCY RESPONSE PLANS.— 

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

11 issue regulations— 

12 ‘‘(A) establishing risk-based performance 

13 standards for the security of covered water sys14 tems; and 

15 ‘‘(B) establishing requirements and dead16 lines for each covered water system— 

17 ‘‘(i) to conduct a vulnerability assess18 ment or, if the system already has a vul19 nerability assessment, to revise the assess20 ment to be in accordance with this section; 

21 ‘‘(ii) to update the vulnerability as22 sessment not less than every 5 years and 

23 promptly after any change at the system 

24 that could cause the reassignment of the 

25 system to a different risk-based tier under 

26 subsection (d); 


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

2 appropriate, revise a site security plan not 

3 less than every 5 years and promptly after 

4 a revision to the vulnerability assessment; 

5 ‘‘(iv) to develop an emergency re6 sponse plan (or, if the system has already 

7 developed an emergency response plan, to 

8 revise the plan to be in accordance with 

9 this section) and revise the plan not less 

10 than every 5 years thereafter; and 

11 ‘‘(v) to provide annual training to em12 ployees and contractor employees of cov13 ered water systems on implementing site 

14 security plans and emergency response 

15 plans. 

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

17 of this section, the term ‘covered water system’ 

18 means a public water system that— 

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

20 a population greater than 3,300; or 

21 ‘‘(B) in the discretion of the Adminis22 trator, presents a security risk making regula23 tion under this section appropriate. 

24 ‘‘(3) CONSULTATION WITH STATE AUTHORI25 TIES.—In developing and carrying out the regulaVerDate Nov 24 2008 02:12 Jul 21, 2009 Jkt 079200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H3258.IH H3258

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1 tions under paragraph (1), the Administrator shall 

2 consult with States exercising primary enforcement 

3 responsibility for public water systems. 

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

5 In developing and carrying out the regulations under 

6 paragraph (1), the Administrator shall consult with 

7 the Secretary of Homeland Security, and, as appro8 priate, other persons regarding— 

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

10 baseline information to covered water systems; 

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

12 ‘‘(C) development of risk-based perform13 ance standards; 

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

15 process for the assignment of covered water 

16 systems to risk-based tiers; 

17 ‘‘(E) process for the development and eval18 uation of vulnerability assessments, site security 

19 plans, and emergency response plans; 

20 ‘‘(F) treatment of protected information; 

21 ‘‘(G) security at co-managed drinking 

22 water and wastewater facilities; and 

23 ‘‘(H) such other matters as the Adminis24 trator determines necessary. 


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

2 of this section, the Administrator, in consultation 

3 with the Secretary of Homeland Security— 

4 ‘‘(A) may designate any chemical sub5 stance as a substance of concern; 

6 ‘‘(B) at the time any substance is des7 ignated pursuant to subparagraph (A), shall es8 tablish by rule a threshold quantity for the re9 lease or theft of the substance, taking into ac10 count the toxicity, reactivity, volatility, 

11 dispersability, combustibility, and flammability 

12 of the substance and the amount of the sub13 stance that, as a result of a release, is known 

14 to cause or may be reasonably anticipated to 

15 cause death, injury, or serious adverse effects to 

16 human health or the environment; and 

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

18 take into account appendix A to part 27 of title 

19 6, Code of Federal Regulations (or any suc20 cessor regulations). 

21 ‘‘(6) BASELINE INFORMATION.—The Adminis22 trator, after consultation with appropriate depart23 ments and agencies of the Federal Government and 

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

25 purposes of facilitating compliance with the requireVerDate Nov 24 2008 02:49 Jul 21, 2009 Jkt 079200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H3258.IH H3258

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1 ments of this section, promptly after the effective 

2 date of the regulations under subsection (a)(1) and 

3 as appropriate thereafter, provide baseline informa4 tion to covered water systems regarding which kinds 

5 of intentional acts are the probable threats to— 

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

7 system to provide a safe and reliable supply of 

8 drinking water; 

9 ‘‘(B) cause the release of a substance of 

10 concern at the covered water system; or 

11 ‘‘(C) cause the theft, misuse, or misappro12 priation of a substance of concern. 

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

14 regulations under subsection (a)(1) shall set forth risk15 based performance standards for site security plans re16 quired by this section. The standards shall be separate 

17 and, as appropriate, increasingly stringent based on the 

18 level of risk associated with the covered water system’s 

19 risk-based tier assignment under subsection (d). In devel20 oping such standards, the Administrator shall take into 

21 account section 27.230 of title 6, Code of Federal Regula22 tions (or any successor regulations). 

23 ‘‘(c) VULNERABILITY ASSESSMENT.—The regula24 tions under subsection (a)(1) shall require each covered 

25 water system to assess the system’s vulnerability to a 


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1 range of intentional acts, including an intentional act that 

2 results in a release of a substance of concern that is known 

3 to cause or may be reasonably anticipated to cause death, 

4 injury, or serious adverse effects to human health or the 

5 environment. At a minimum, the vulnerability assessment 

6 shall include a review of— 

7 ‘‘(1) pipes and constructed conveyances; 

8 ‘‘(2) physical barriers; 

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

10 storage, and distribution facilities; 

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

12 systems that are used by the covered water system; 

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

14 chemicals, including substances of concern; 

15 ‘‘(6) the operation and maintenance of the cov16 ered water system; and 

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

18 ability to ensure continuity of operations in the 

19 event of a disruption caused by an intentional act. 

20 ‘‘(d) RISK-BASED TIERS.—The regulations under 

21 subsection (a)(1) shall provide for 4 risk-based tiers appli22 cable to covered water systems, with tier one representing 

23 the highest degree of security risk. 

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


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

2 Administrator may require a covered water sys3 tem to submit information in order to deter4 mine the appropriate risk-based tier for the cov5 ered water system. 

6 ‘‘(B) FACTORS TO CONSIDER.—The Ad7 ministrator shall assign (and reassign when ap8 propriate) each covered water system to one of 

9 the risk-based tiers established pursuant to this 

10 subsection. In assigning a covered water system 

11 to a risk-based tier, the Administrator shall 

12 consider the potential consequences (such as 

13 death, injury, or serious adverse effects to 

14 human health, the environment, critical infra15 structure, national security, and the national 

16 economy) from— 

17 ‘‘(i) an intentional act to cause a re18 lease, including a worst-case release, of a 

19 substance of concern at the covered water 

20 system; 

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

22 contaminant into the drinking water sup23 ply or disrupt the safe and reliable supply 

24 of drinking water; and 


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1 ‘‘(iii) an intentional act to steal, mis2 appropriate, or misuse substances of con3 cern. 

4 ‘‘(2) EXPLANATION FOR RISK-BASED TIER AS5 SIGNMENT.—The Administrator shall provide each 

6 covered water system assigned to a risk-based tier 

7 with the reasons for the tier assignment and whether 

8 such system is required to submit an assessment 

9 under subsection (g)(2). 

10 ‘‘(e) DEVELOPMENT AND IMPLEMENTATION OF SITE

11 SECURITY PLANS.—The regulations under subsection 

12 (a)(1) shall permit each covered water system, in devel13 oping and implementing its site security plan required by 

14 this section, to select layered security and preparedness 

15 measures that, in combination, appropriately— 

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

17 vulnerability assessment; and 

18 ‘‘(2) comply with the applicable risk-based per19 formance standards required under this section. 

20 ‘‘(f) ROLE OF EMPLOYEES.— 

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

22 plans and emergency response plans required under 

23 this section shall describe the appropriate roles or 

24 responsibilities that employees and contractor em25 ployees are expected to perform to deter or respond 


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1 to the intentional acts described in subsection 

2 (d)(1)(B). 

3 ‘‘(2) TRAINING FOR EMPLOYEES.—Each cov4 ered water system shall annually provide employees 

5 and contractor employees with roles or responsibil6 ities described in paragraph (1) with a minimum of 

7 8 hours of training on carrying out those roles or re8 sponsibilities. 

9 ‘‘(3) EMPLOYEE PARTICIPATION.—In devel10 oping, revising, or updating a vulnerability assess11 ment, site security plan, and emergency response 

12 plan required under this section, a covered water 

13 system shall include— 

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

15 one non-supervisory employee of the covered 

16 water system; and 

17 ‘‘(B) at least one representative of each 

18 certified or recognized bargaining agent rep19 resenting facility employees or contractor em20 ployees with roles or responsibilities described 

21 in paragraph (1), if any, in a collective bar22 gaining relationship with the private or public 

23 owner or operator of the system or with a con24 tractor to 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 

6 a covered water system that reduces or eliminates 

7 the potential consequences of a release of a sub8 stance of 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, 

13 formulations, or processes; 

14 ‘‘(B) the modification of pressures, tem15 peratures, or concentrations of a substance of 

16 concern; 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 

22 system that possesses or plans to possess a sub23 stance of concern in excess of the release threshold 

24 quantity set by the Administrator under subsection 

25 (a)(5), the regulations under subsection (a)(1) shall 


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1 require the covered water system to include in its 

2 site security plan an assessment of methods to re3 duce the consequences of a chemical release from an 

4 intentional act at the covered water system. The cov5 ered water system shall provide such assessment to 

6 the Administrator and the State exercising primary 

7 enforcement responsibility for the covered water sys8 tem, if any. The regulations under subsection (a)(1) 

9 shall require the system, in preparing the assess10 ment, to consider factors appropriate to the system’s 

11 security, public health, or environmental mission, 

12 and include— 

13 ‘‘(A) a description of the methods to re14 duce the consequences of a chemical release 

15 from an intentional act; 

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

17 the consequences of a chemical release from an 

18 intentional act could, if applied, reduce the po19 tential extent of death, injury, or serious ad20 verse effects to human health resulting from a 

21 chemical release; 

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

23 the consequences of a chemical release from an 

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1 ence of contaminants in treated water, human 

2 health, or the environment; 

3 ‘‘(D) whether each described method to re4 duce the consequences of a chemical release 

5 from an intentional act at the covered water 

6 system is feasible, as defined in section 

7 1412(b)(4)(D), but not including cost calcula8 tions under subparagraph (E); 

9 ‘‘(E) the costs (including capital and oper10 ational costs) and avoided costs (including sav11 ings and liabilities) associated with applying 

12 each described method to reduce the con13 sequences of a chemical release from an inten14 tional act at the covered water system; 

15 ‘‘(F) any other relevant information that 

16 the covered water system relied on in con17 ducting the assessment; and 

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

19 water system has implemented or plans to im20 plement one or more methods to reduce the 

21 consequences of a chemical release from an in22 tentional act, a description of any such meth23 ods, and, in the case of a covered water system 

24 described in paragraph (3)(A), an explanation 


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1 of the reasons for any decision not to imple2 ment any such methods. 

3 ‘‘(3) REQUIRED METHODS.— 

4 ‘‘(A) APPLICATION.—This paragraph ap5 plies to a covered water system— 

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

7 highest risk-based tiers under subsection 

8 (d); and 

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

10 a substance of concern in excess of the re11 lease threshold quantity set by the Admin12 istrator under subsection (a)(5). 

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

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

15 covered water system described in subparagraph 

16 (A) decides not to implement methods to reduce 

17 the consequences of a chemical release from an 

18 intentional act, the State exercising primary en19 forcement responsibility for the covered water 

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

21 or the Administrator, if the covered water sys22 tem is not located in such a State, shall, in ac23 cordance with a timeline set by the Adminis24 trator— 


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1 ‘‘(i) determine whether to require the 

2 covered water system to implement the 

3 methods; and 

4 ‘‘(ii) for States exercising primary en5 forcement responsibility, report such deter6 mination to the Administrator. 

7 ‘‘(C) STATE OR ADMINISTRATOR’S CONSID8 ERATIONS.—Before requiring, pursuant to sub9 paragraph (B), the implementation of a method 

10 to reduce the consequences of a chemical re11 lease from an intentional act, the State exer12 cising primary enforcement responsibility for 

13 the covered water system, if the system is lo14 cated in such a State, or the Administrator, if 

15 the covered water system is not located in such 

16 a State, shall consider factors appropriate to 

17 the security, public health, and environmental 

18 missions of covered water systems, including an 

19 examination of whether the method— 

20 ‘‘(i) would significantly reduce the 

21 risk of death, injury, or serious adverse ef22 fects to human health resulting directly 

23 from a chemical release from an inten24 tional act at the covered water system; 


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1 ‘‘(ii) would not increase the interim 

2 storage of a substance of concern by the 

3 covered water system; 

4 ‘‘(iii) would not render the covered 

5 water system unable to comply with other 

6 requirements of this Act or drinking water 

7 standards established by the State or polit8 ical subdivision in which the system is lo9 cated; and 

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

11 1412(b)(4)(D), to be incorporated into the 

12 operation of the covered water system. 

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

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

15 Administrator finds that the covered water sys16 tem, in conducting its assessment under para17 graph (2), did not meet the requirements of 

18 paragraph (2) and the applicable regulations, 

19 the Administrator shall, after notifying the cov20 ered water system and the State exercising pri21 mary enforcement responsibility for that sys22 tem, if any, require the covered water system to 

23 submit a revised assessment not later than 60 

24 days after the Administrator notifies such sys25 tem. The Administrator may require such addiVerDate Nov 24 2008 02:12 Jul 21, 2009 Jkt 079200 PO 00000 Frm 00016 Fmt 6652 Sfmt 6201 E:\BILLS\H3258.IH H3258

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1 tional revisions as are necessary to ensure that 

2 the system meets the requirements of para3 graph (2) and the applicable regulations. 

4 ‘‘(B) LATE ASSESSMENTS.—If the Admin5 istrator finds that a covered water system, in 

6 conducting its assessment pursuant to para7 graph (2), did not complete such assessment in 

8 accordance with the deadline set by the Admin9 istrator, the Administrator may, after notifying 

10 the covered water system and the State exer11 cising primary enforcement responsibility for 

12 that system, if any, take appropriate enforce13 ment action under subsection (o). 

14 ‘‘(C) REVIEW.—The State exercising pri15 mary enforcement responsibility for the covered 

16 water system, if the system is located in such 

17 a State, or the Administrator, if the system is 

18 not located in such a State, shall review a re19 vised assessment that meets the requirements 

20 of paragraph (2) and applicable regulations to 

21 determine whether the covered water system 

22 will be required to implement methods to reduce 

23 the consequences of an intentional act pursuant 

24 to paragraph (3). 

25 ‘‘(5) ENFORCEMENT.— 


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1 ‘‘(A) FAILURE BY STATE TO MAKE DETER2 MINATION.—Whenever the Administrator finds 

3 that a State exercising primary enforcement re4 sponsibility for a covered water system has 

5 failed to determine whether to require the cov6 ered water system to implement methods to re7 duce the consequences of a chemical release 

8 from an intentional act, as required by para9 graph (3)(B), the Administrator shall so notify 

10 the State and covered water system. If, beyond 

11 the thirtieth day after the Administrator’s noti12 fication under the preceding sentence, the State 

13 has failed to make the determination described 

14 in such sentence, the Administrator shall so no15 tify the State and covered water system and 

16 shall determine whether to require the covered 

17 water system to implement methods to reduce 

18 the consequences of a chemical release from an 

19 intentional act based on the factors described in 

20 paragraph (3)(C). 

21 ‘‘(B) FAILURE BY STATE TO BRING EN22 FORCEMENT ACTION.—If the Administrator 

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

24 has primary enforcement responsibility for a 

25 covered water system, that the system has 


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1 failed to implement methods to reduce the con2 sequences of a chemical release from an inten3 tional act (as required by the State or the Ad4 ministrator under paragraph (3)(B) or the Ad5 ministrator under subparagraph (A)), the Ad6 ministrator shall so notify the State and the 

7 covered water system. If, beyond the thirtieth 

8 day after the Administrator’s notification under 

9 the preceding sentence, the State has not com10 menced appropriate enforcement action, the Ad11 ministrator shall so notify the State and may 

12 commence an enforcement action against the 

13 system, including by seeking or imposing civil 

14 penalties under subsection (o), to require imple15 mentation of such methods. 

16 ‘‘(C) CONSIDERATION OF CONTINUED PRI17 MARY ENFORCEMENT RESPONSIBILITY.—For a 

18 State with primary enforcement responsibility 

19 for a covered water system, the Administrator 

20 may consider the failure of such State to make 

21 a determination as described under subpara22 graph (A) or to bring enforcement action as de23 scribed under subparagraph (B) when deter24 mining whether a State may retain primary en25 forcement responsibility under this Act. 


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1 ‘‘(h) REVIEW BY ADMINISTRATOR.— 

2 ‘‘(1) IN GENERAL.—The regulations under sub3 section (a)(1) shall require each covered water sys4 tem to submit its vulnerability assessment and site 

5 security plan to the Administrator for review accord6 ing to deadlines set by the Administrator. The Ad7 ministrator shall review each vulnerability assess8 ment and site security plan submitted under this 

9 section and— 

10 ‘‘(A) if the assessment or plan has any sig11 nificant deficiency described in paragraph (2), 

12 require the covered water system to correct the 

13 deficiency; or 

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

15 ‘‘(2) SIGNIFICANT DEFICIENCIES.—A vulner16 ability assessment or site security plan of a covered 

17 water system has a significant deficiency under this 

18 subsection if the Administrator, in consultation, as 

19 appropriate, with the State exercising primary en20 forcement responsibility for such system, if any, de21 termines that— 

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

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

24 or 

25 ‘‘(B) such plan— 


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1 ‘‘(i) fails to address vulnerabilities 

2 identified in a vulnerability assessment; or 

3 ‘‘(ii) fails to meet applicable risk4 based performance standards.

5 ‘‘(3) STATE, REGIONAL, OR LOCAL GOVERN6 MENTAL ENTITIES.—No covered water system shall 

7 be required under State, local, or tribal law to pro8 vide a vulnerability assessment or site security plan 

9 described in this section to any State, regional, local, 

10 or tribal governmental entity solely by reason of the 

11 requirement set forth in paragraph (1) that the sys12 tem submit such an assessment and plan to the Ad13 ministrator. 

14 ‘‘(i) EMERGENCY RESPONSE PLAN.— 

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

16 shall prepare or revise, as appropriate, an emergency 

17 response plan that incorporates the results of the 

18 system’s most current vulnerability assessment and 

19 site security plan. 

20 ‘‘(2) CERTIFICATION.—Each covered water sys21 tem shall certify to the Administrator that the sys22 tem has completed an emergency response plan. The 

23 system shall submit such certification to the Admin24 istrator not later than 6 months after the system’s 

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1 ment under this section and shall submit an addi2 tional certification following any update of the emer3 gency response plan. 

4 ‘‘(3) CONTENTS.—A covered water system’s 

5 emergency response plan shall include— 

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

7 of equipment that can be implemented or used 

8 in the event of an intentional act at the covered 

9 water system; and 

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

11 of equipment that can obviate or significantly 

12 lessen the impact of intentional acts on public 

13 health and the safety and supply of drinking 

14 water provided to communities and individuals. 

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

16 response plan, each covered water system shall pro17 vide appropriate information to any local emergency 

18 planning committee, local law enforcement officials, 

19 and local emergency response providers to ensure an 

20 effective, collective response. 

21 ‘‘(j) MAINTENANCE OF RECORDS.—Each covered 

22 water system shall maintain an updated copy of its vulner23 ability assessment, site security plan, and emergency re24 sponse plan. 

25 ‘‘(k) AUDIT; INSPECTION.— 


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

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

3 representatives of the Administrator, shall audit and 

4 inspect covered water systems, as necessary, for pur5 poses of determining compliance with this section. 

6 ‘‘(2) ACCESS.—In conducting an audit or in7 spection of a covered water system, the Adminis8 trator or duly designated representatives of the Ad9 ministrator, as appropriate, shall have access to the 

10 owners, operators, employees and contractor employ11 ees, and employee representatives, if any, of such 

12 covered water system. 

13 ‘‘(l) PROTECTION OF INFORMATION.— 

14 ‘‘(1) PROHIBITION OF PUBLIC DISCLOSURE OF

15 PROTECTED INFORMATION.—Protected information 

16 shall— 

17 ‘‘(A) be exempt from disclosure under sec18 tion 552 of title 5, United States Code; and 

19 ‘‘(B) not be made available pursuant to 

20 any State, local, or tribal law requiring disclo21 sure of information or records. 

22 ‘‘(2) INFORMATION SHARING.— 

23 ‘‘(A) SHARING OF PROTECTED INFORMA24 TION.—The Administrator shall provide stand25 ards for and facilitate the appropriate sharing 


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1 of protected information with and between Fed2 eral, State, local, and tribal authorities, first re3 sponders, law enforcement officials, designated 

4 supervisory and non-supervisory covered water 

5 system personnel with security, operational, or 

6 fiduciary responsibility for the system, and des7 ignated facility employee representatives, if any. 

8 Such standards shall include procedures for the 

9 sharing of all portions of a covered water sys10 tem’s vulnerability assessment and site security 

11 plan relating to the roles and responsibilities of 

12 system employees or contractor employees 

13 under subsection (f)(1) with a representative of 

14 each certified or recognized bargaining agent 

15 representing such employees, if any, or, if none, 

16 with at least one supervisory and at least one 

17 non-supervisory employee with roles and re18 sponsibilities under subsection (f)(1). 

19 ‘‘(B) PENALTIES.—Protected information, 

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

21 shared except in accordance with the standards 

22 created under subparagraph (A). Any person 

23 who purposefully publishes, divulges, discloses, 

24 or makes known protected information in any 

25 manner or to any extent not authorized by the 


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1 standards set by the Administrator under sub2 paragraph (A), shall, upon conviction, be im3 prisoned for not more than one year or fined in 

4 accordance with the provisions of chapter 227 

5 of title 18, United States Code, applicable to 

6 class A misdemeanors, or both, and, in the case 

7 of Federal employees or officeholders, shall be 

8 removed from Federal office or employment. 

9 ‘‘(3) TREATMENT OF INFORMATION IN ADJU10 DICATIVE PROCEEDINGS.—In any judicial or admin11 istrative proceeding, protected information, as de12 scribed in paragraph (7), shall be treated in a man13 ner consistent with the treatment of Sensitive Secu14 rity Information under section 525 of the Depart15 ment of Homeland Security Appropriations Act, 

16 2007 (Public Law 109–295; 120 Stat. 1381). 

17 ‘‘(4) OTHER OBLIGATIONS UNAFFECTED.— 

18 Nothing in this section amends or affects an obliga19 tion of a covered water system— 

20 ‘‘(A) to submit or make available informa21 tion to system employees, employee organiza22 tions, or a Federal, State, tribal, or local gov23 ernment agency under any other law; or 

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


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

2 this section permits or authorizes the withholding of 

3 information from Congress or any committee or sub4 committee thereof. 

5 ‘‘(6) DISCLOSURE OF INDEPENDENTLY FUR6 NISHED INFORMATION.—Nothing in this section 

7 amends or affects any authority or obligation of a 

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

9 disclose any record or information that the Federal, 

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

11 water system or the Administrator under any other 

12 law except as provided in subsection (h)(3). 

13 ‘‘(7) PROTECTED INFORMATION.— 

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

15 section, protected information is any of the fol16 lowing: 

17 ‘‘(i) Vulnerability assessments and 

18 site security plans under this section, in19 cluding any assessment developed pursuant 

20 to subsection (g)(2). 

21 ‘‘(ii) Documents directly related to the 

22 Administrator’s review of assessments and 

23 plans described in clause (i) and, as appli24 cable, the State’s review of an assessment 

25 prepared under subsection (g)(2). 


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1 ‘‘(iii) Documents directly related to 

2 inspections and audits under this section. 

3 ‘‘(iv) Orders, notices, or letters re4 garding the compliance of a covered water 

5 system with the requirements of this sec6 tion. 

7 ‘‘(v) Information required to be pro8 vided to, or documents and records created 

9 by, the Administrator under subsection 

10 (d). 

11 ‘‘(vi) Other documents and records 

12 developed exclusively for the purposes of 

13 this section that the Administrator deter14 mines would be detrimental to the security 

15 of one or more covered water systems if 

16 disclosed. 

17 ‘‘(B) DETRIMENT REQUIREMENT.—For 

18 purposes of clauses (ii), (iii), (iv), and (v) of 

19 subparagraph (A), the only portions of docu20 ments, records, orders, notices, and letters that 

21 shall be considered protected information are 

22 those portions that— 

23 ‘‘(i) would be detrimental to the secu24 rity of one or more covered water systems 

25 if disclosed; and 


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

4 section. 

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

6 section, protected information does not in7 clude— 

8 ‘‘(i) information that is otherwise pub9 licly available, including information that is 

10 required to be made publicly available 

11 under any law; 

12 ‘‘(ii) information that a covered water 

13 system has lawfully disclosed other than in 

14 accordance with this section; and 

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

16 would not be detrimental to the security of 

17 one or more covered water systems, includ18 ing aggregate regulatory data that the Ad19 ministrator determines appropriate to de20 scribe system compliance with the require21 ments of this section and the Administra22 tor’s implementation of such requirements. 

23 ‘‘(m) RELATION TO CHEMICAL FACILITY SECURITY

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1 ulations promulgated thereunder) shall not apply to any 

2 public water system subject to this Act: 

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

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

5 Chemical Facility Anti-Terrorism Act of 2009). 

6 ‘‘(2) Section 550 of the Department of Home7 land Security Appropriations Act, 2007 (Public Law 

8 109–295). 

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

10 of 2009. 

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

12 or deny the right of any State or political subdivision 

13 thereof to adopt or enforce any regulation, requirement, 

14 or standard of performance with respect to a covered 

15 water system that is more stringent than a regulation, re16 quirement, or standard of performance under this section. 

17 ‘‘(o) VIOLATIONS.— 

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

19 that violates any requirement of this section, includ20 ing by not implementing all or part of its site secu21 rity plan by such date as the Administrator requires, 

22 shall be liable for a civil penalty of not more than 

23 $25,000 for each day on which the violation oc24 curs. 


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1 ‘‘(2) PROCEDURE.—When the Administrator 

2 determines that a covered water system is subject to 

3 a civil penalty under paragraph (1), the Adminis4 trator, after consultation with the State, for covered 

5 water systems located in a State exercising primary 

6 responsibility for the covered water system, and, 

7 after considering the severity of the violation or defi8 ciency and the record of the covered water system in 

9 carrying out the requirements of this section, may— 

10 ‘‘(A) after notice and an opportunity for 

11 the covered water system to be heard, issue an 

12 order assessing a civil penalty under such para13 graph for any past or current violation, requir14 ing compliance immediately or within a speci15 fied time period; or 

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

17 States district court in the district in which the 

18 violation occurred for appropriate relief, includ19 ing temporary or permanent injunction. 

20 ‘‘(3) METHODS TO REDUCE THE CON21 SEQUENCES OF A CHEMICAL RELEASE FROM AN IN22 TENTIONAL ACT.—Except as provided in subsections 

23 (g)(4) and (g)(5), if a covered water system is lo24 cated in a State exercising primary enforcement re25 sponsibility for the system, the Administrator may 


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1 not issue an order or commence a civil action under 

2 this section for any deficiency in the content or im3 plementation of the portion of the system’s site secu4 rity plan relating to methods to reduce the con5 sequences of a chemical release from an intentional 

6 act (as defined in subsection (g)(1)). 

7 ‘‘(p) REPORT TO CONGRESS.— 

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

9 years after the effective date of the regulations 

10 under subsection (a)(1), and every 3 years there11 after, the Administrator shall transmit to the Com12 mittee on Energy and Commerce of the House of 

13 Representatives and the Committee on Environment 

14 and Public Works of the Senate a report on progress 

15 in achieving compliance with this section. Each such 

16 report shall include, at a minimum, the following: 

17 ‘‘(A) A generalized summary of measures 

18 implemented by covered water systems in order 

19 to meet each risk-based performance standard 

20 established by this section. 

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

22 systems, differentiated by risk-based tier as23 signment, are complying with the requirements 

24 of this section during the period covered by the 

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1 menting and enforcing such requirements dur2 ing such period including— 

3 ‘‘(i) the number of public water sys4 tems that provided the Administrator with 

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

6 ‘‘(ii) the number of covered water sys7 tems assigned to each risk-based tier; 

8 ‘‘(iii) the number of vulnerability as9 sessments and site security plans sub10 mitted by covered water systems; 

11 ‘‘(iv) the number of vulnerability as12 sessments and site security plans approved 

13 and disapproved by the Administrator; 

14 ‘‘(v) the number of covered water sys15 tems without approved vulnerability assess16 ments or site security plans; 

17 ‘‘(vi) the number of covered water sys18 tems that have been assigned to a different 

19 risk-based tier due to implementation of a 

20 method to reduce the consequences of a 

21 chemical release from an intentional act 

22 and a description of the types of such im23 plemented methods; 

24 ‘‘(vii) the number of audits and in25 spections conducted by the Administrator 


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1 or duly designated representatives of the 

2 Administrator; 

3 ‘‘(viii) the number of orders for com4 pliance issued by the Administrator; 

5 ‘‘(ix) the administrative penalties as6 sessed by the Administrator for non-com7 pliance with the requirements of this sec8 tion; 

9 ‘‘(x) the civil penalties assessed by 

10 courts for non-compliance with the require11 ments of this section; and 

12 ‘‘(xi) any other regulatory data the 

13 Administrator determines appropriate to 

14 describe covered water system compliance 

15 with the requirements of this section and 

16 the Administrator’s implementation of 

17 such requirements. 

18 ‘‘(2) PUBLIC AVAILABILITY.—A report sub19 mitted under this section shall be made publicly 

20 available. 

21 ‘‘(q) GRANT PROGRAMS.— 

22 ‘‘(1) IMPLEMENTATION GRANTS TO STATES.— 

23 The Administrator may award grants to, or enter 

24 into cooperative agreements with, States, based on 

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1 trator, to assist the States in implementing this sec2 tion. 

3 ‘‘(2) RESEARCH, TRAINING, AND TECHNICAL

4 ASSISTANCE GRANTS.—The Administrator may 

5 award grants to, or enter into cooperative agree6 ments with, non-profit organizations to provide re7 search, training, and technical assistance to covered 

8 water systems to assist them in carrying out their 

9 responsibilities under this section. 

10 ‘‘(3) PREPARATION GRANTS.—The Adminis11 trator may award grants to, or enter into coopera12 tive agreements with, covered water systems to as13 sist such systems in— 

14 ‘‘(A) preparing and updating vulnerability 

15 assessments, site security plans, and emergency 

16 response plans; 

17 ‘‘(B) assessing and implementing methods 

18 to reduce the consequences of a release of a 

19 substance of concern from an intentional act; 

20 and 

21 ‘‘(C) implementing any other security re22 views and enhancements necessary to comply 

23 with this section. 

24 ‘‘(4) WORKER TRAINING GRANTS PROGRAM AU25 THORITY.— 


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

2 shall establish a grant program to award grants 

3 to eligible entities to provide for training and 

4 education of employees and contractor employ5 ees with roles or responsibilities described in 

6 subsection (f)(1) and first responders and emer7 gency response providers who would respond to 

8 an intentional act at a covered water system. 

9 ‘‘(B) ADMINISTRATION.—The Adminis10 trator shall enter into an agreement with the 

11 National Institute of Environmental Health 

12 Sciences to make and administer grants under 

13 this paragraph. 

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

15 grant under this paragraph shall use the grant 

16 to provide for— 

17 ‘‘(i) training and education of employ18 ees and contractor employees with roles or 

19 responsibilities described in subsection 

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

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

22 training for first responders in protecting 

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1 tem, with priority given to covered water 

2 systems assigned to tier one or tier two 

3 under subsection (d); and 

4 ‘‘(ii) appropriate training for first re5 sponders and emergency response pro6 viders who would respond to an intentional 

7 act at a covered water system. 

8 ‘‘(D) ELIGIBLE ENTITIES.—For purposes 

9 of this paragraph, an eligible entity is a non10 profit organization with demonstrated experi11 ence in implementing and operating successful 

12 worker or first responder health and safety or 

13 security training programs. 

14 ‘‘(r) AUTHORIZATION OF APPROPRIATIONS.—To 

15 carry out this section, there are authorized to be appro16 priated— 

17 ‘‘(1) $315,000,000 for fiscal year 2011, of 

18 which up to— 

19 ‘‘(A) $30,000,000 may be used for admin20 istrative costs incurred by the Administrator or 

21 the States, as appropriate; and 

22 ‘‘(B) $125,000,000 may be used to imple23 ment methods to reduce the consequences of a 

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1 ered water systems assigned to tier one or tier 

2 two under subsection (d); and 

3 ‘‘(2) such sums as may be necessary for fiscal 

4 years 2012 through 2015.’’. 

5 (b) REGULATIONS; TRANSITION.— 

6 (1) REGULATIONS.—Not later than 2 years 

7 after the date of the enactment of this Act, the Ad8 ministrator of the Environmental Protection Agency 

9 shall promulgate final regulations to carry out sec10 tion 1433 of the Safe Drinking Water Act, as 

11 amended by subsection (a). 

12 (2) EFFECTIVE DATE.—Until the effective date 

13 of the regulations promulgated under paragraph (1), 

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

15 effect on the day before the date of the enactment 

16 of this title, shall continue to apply. 

17 (3) SAVINGS PROVISION.—Nothing in this sec18 tion or the amendment made by this section shall af19 fect the application of section 1433 of the Safe 

20 Drinking Water Act, as in effect before the effective 

21 date of the regulations promulgated under para22 graph (1), to any violation of such section 1433 oc23 curring before such effective date, and the require24 ments of such section 1433 shall remain in force and 

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1 tion has been corrected or enforcement proceedings 

2 completed, whichever is later. 

Æ 


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