IIB 
111TH CONGRESS 
1ST SESSION H. R. 2868 
IN THE SENATE OF THE UNITED STATES 
NOVEMBER 9, 2009 
Received; read twice and referred to the Committee on Homeland Security and 
Governmental Affairs 
AN ACT 
To amend the Homeland Security Act of 2002 to enhance 
security and protect against acts of terrorism against 
chemical facilities, to amend the Safe Drinking Water 
Act to enhance the security of public water systems, 
and to amend the Federal Water Pollution Control Act 
to enhance the security of wastewater treatment works, 
and for other purposes. 
VerDate Nov 24 2008 
23:44 Nov 09, 2009
Jkt 089200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6652
E:\BILLS\H2868.RFS
H2868
wwoods2 on DSK1DXX6B1PROD with BILLS
HR 2868 RFS 
(1) The Nation’s chemical sector represents a 
target that terrorists could exploit to cause con-
sequences, including death, injury, or serious adverse 
effects to human health, the environment, critical in-
frastructure, public health, homeland security, na-
tional security, and the national economy. 
(2) Chemical facilities that pose such potential 
consequences and that are vulnerable to terrorist at-
tacks must be protected. 
(3) The Secretary of Homeland Security has 
statutory authority pursuant to section 550 of the 
Department of Homeland Security Appropriations 
Act, 2007 (Public Law 109–295) to regulate the se-
curity practices at chemical facilities that are at sig-
nificant risk of being terrorist targets. 
(4) The Secretary of Homeland Security issued 
interim final regulations called the Chemical Facility 
Anti-Terrorism Standards, which became effective 
on June 8, 2007. 
(b) PURPOSE.—The purpose of this title is to modify 
and make permanent the authority of the Secretary of 
Homeland Security to regulate security practices at chem-
ical facilities. 
VerDate Nov 24 2008 
23:44 Nov 09, 2009
Jkt 089200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H2868.RFS
H2868
wwoods2 on DSK1DXX6B1PROD with BILLS
HR 2868 RFS 
SEC. 103. EXTENSION, MODIFICATION, AND RECODIFICA-
TION OF AUTHORITY OF SECRETARY OF 
HOMELAND SECURITY TO REGULATE SECU-
RITY PRACTICES AT CHEMICAL FACILITIES. 
(a) IN GENERAL.—The Homeland Security Act of 
2002 (6 U.S.C. 101 et seq.) is amended by adding at the 
end the following new title: 
‘‘TITLE XXI—REGULATION OF SE-
CURITY PRACTICES AT CHEM-
ICAL FACILITIES 
‘‘SEC. 2101. DEFINITIONS. 
‘‘In this title, the following definitions apply: 
‘‘(1) The term ‘chemical facility’ means any fa-
cility— 
‘‘(A) at which the owner or operator of the 
facility possesses or plans to possess at any rel-
evant point in time a substance of concern; or 
‘‘(B) that meets other risk-related criteria 
identified by the Secretary. 
‘‘(2) The term ‘chemical facility security per-
formance standards’ means risk-based standards es-
tablished by the Secretary to ensure or enhance the 
security of a chemical facility against a chemical fa-
cility terrorist incident that are designed to address 
the following: 
‘‘(A) Restricting the area perimeter. 
VerDate Nov 24 2008 
23:44 Nov 09, 2009
Jkt 089200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H2868.RFS
H2868
wwoods2 on DSK1DXX6B1PROD with BILLS
HR 2868 RFS 
‘‘(B) Securing site assets. 
‘‘(C) Screening and controlling access to 
the facility and to restricted areas within the 
facility by screening or inspecting individuals 
and vehicles as they enter, including— 
‘‘(i) measures to deter the unauthor-
ized introduction of dangerous substances 
and devices that may facilitate a chemical 
facility terrorist incident or actions having 
serious negative consequences for the pop-
ulation surrounding the chemical facility; 
and 
‘‘(ii) measures implementing a regu-
larly updated identification system that 
checks the identification of chemical facil-
ity personnel and other persons seeking ac-
cess to the chemical facility and that dis-
courages abuse through established dis-
ciplinary measures. 
‘‘(D) Methods to deter, detect, and delay a 
chemical facility terrorist incident, creating suf-
ficient time between detection of a chemical fa-
cility terrorist incident and the point at which 
the chemical facility terrorist incident becomes 
successful, including measures to— 
VerDate Nov 24 2008 
23:44 Nov 09, 2009
Jkt 089200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H2868.RFS
H2868
wwoods2 on DSK1DXX6B1PROD with BILLS
HR 2868 RFS 
‘‘(i) deter vehicles from penetrating 
the chemical facility perimeter, gaining un-
authorized access to restricted areas, or 
otherwise presenting a hazard to poten-
tially critical targets; 
‘‘(ii) deter chemical facility terrorist 
incidents through visible, professional, well- 
maintained security measures and systems, 
including security personnel, detection sys-
tems, barriers and barricades, and hard-
ened or reduced value targets; 
‘‘(iii) detect chemical facility terrorist 
incidents at early stages through counter- 
surveillance, frustration of opportunity to 
observe potential targets, surveillance and 
sensing systems, and barriers and barri-
cades; and 
‘‘(iv) delay a chemical facility terrorist 
incident for a sufficient period of time so 
as to allow appropriate response through 
on-site security response, barriers and bar-
ricades, hardened targets, and well-coordi-
nated response planning. 
VerDate Nov 24 2008 
23:44 Nov 09, 2009
Jkt 089200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H2868.RFS
H2868
wwoods2 on DSK1DXX6B1PROD with BILLS
HR 2868 RFS 
‘‘(E) Securing and monitoring the ship-
ping, receipt, and storage of a substance of con-
cern for the chemical facility. 
‘‘(F) Deterring theft or diversion of a sub-
stance of concern. 
‘‘(G) Deterring insider sabotage. 
‘‘(H) Deterring cyber sabotage, including 
by preventing unauthorized onsite or remote ac-
cess to critical process controls, including super-
visory control and data acquisition systems, dis-
tributed control systems, process control sys-
tems, industrial control systems, critical busi-
ness systems, and other sensitive computerized 
systems. 
‘‘(I) Developing and exercising an internal 
emergency plan for owners, operators, and cov-
ered individuals of a covered chemical facility 
for responding to chemical facility terrorist inci-
dents at the facility, including the provision of 
appropriate information to any local emergency 
planning committee, local law enforcement offi-
cials, and emergency response providers to en-
sure an effective, collective response to terrorist 
incidents. 
VerDate Nov 24 2008 
23:44 Nov 09, 2009
Jkt 089200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\H2868.RFS
H2868
wwoods2 on DSK1DXX6B1PROD with BILLS
HR 2868 RFS 
‘‘(J) Maintaining effective monitoring, 
communications, and warning systems, includ-
ing— 
‘‘(i) measures designed to ensure that 
security systems and equipment are in 
good working order and inspected, tested, 
calibrated, and otherwise maintained; 
‘‘(ii) measures designed to regularly 
test security systems, note deficiencies, 
correct for detected deficiencies, and record 
results so that they are available for in-
spection by the Secretary; and 
‘‘(iii) measures to allow the chemical 
facility to promptly identify and respond to 
security system and equipment failures or 
malfunctions. 
‘‘(K) Ensuring mandatory annual security 
training, exercises, and drills of chemical facil-
ity personnel appropriate to their roles, respon-
sibilities, and access to a substance of concern, 
including participation by local law enforce-
ment, and local emergency response providers, 
and appropriate supervisory and non-super-
visory facility employees and their employee 
representatives, if any. 
VerDate Nov 24 2008 
23:44 Nov 09, 2009
Jkt 089200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6201
E:\BILLS\H2868.RFS
H2868
wwoods2 on DSK1DXX6B1PROD with BILLS
HR 2868 RFS 
‘‘(P) Identifying, investigating, reporting, 
and maintaining records of significant security 
incidents and suspicious activities at or near the 
covered chemical facility. 
‘‘(Q) Establishing one or more officials and 
an organization responsible for— 
‘‘(i) security; 
‘‘(ii) compliance with the standards 
under this paragraph; 
‘‘(iii) serving as the point of contact 
for incident management purposes with 
Federal, State, local, and tribal agencies, 
law enforcement, and emergency response 
providers; and 
‘‘(iv) coordination with Federal, State, 
local, and tribal agencies, law enforcement, 
and emergency response providers regard-
ing plans and security measures for the 
collective response to a chemical facility 
terrorist incident. 
‘‘(R) Maintaining appropriate records re-
lating to the security of the facility, including a 
copy of the most recent security vulnerability 
assessment and site security plan, at the chem-
ical facility. 
VerDate Nov 24 2008 
23:44 Nov 09, 2009
Jkt 089200
PO 00000
Frm 00010
Fmt 6652
Sfmt 6201
E:\BILLS\H2868.RFS
H2868
wwoods2 on DSK1DXX6B1PROD with BILLS
HR 2868 RFS 
‘‘(S) Assessing and, as appropriate, uti-
lizing methods to reduce the consequences of a 
terrorist attack. 
‘‘(T) Methods to recover or mitigate the 
release of a substance of concern in the event 
of a chemical facility terrorist incident. 
‘‘(U) Any additional security performance 
standards the Secretary may specify. 
‘‘(3) The term ‘chemical facility terrorist inci-
dent’ means any act or attempted act of terrorism 
or terrorist activity committed at, near, or against a 
chemical facility, including— 
‘‘(A) the release of a substance of concern 
from a chemical facility; 
‘‘(B) the theft, misappropriation, or misuse 
of a substance of concern from a chemical facil-
ity; or 
‘‘(C) the sabotage of a chemical facility or 
a substance of concern at a chemical facility. 
‘‘(4) The term ‘employee representative’ means 
the representative of the certified or recognized bar-
gaining agent engaged in a collective bargaining re-
lationship with a private or public owner or operator 
of a chemical facility. 
VerDate Nov 24 2008 
23:44 Nov 09, 2009
Jkt 089200
PO 00000
Frm 00011
Fmt 6652
Sfmt 6201
E:\BILLS\H2868.RFS
H2868
wwoods2 on DSK1DXX6B1PROD with BILLS
HR 2868 RFS 
‘‘(5) The term ‘covered individual’ means a per-
manent, temporary, full-time, or part-time employee 
of a covered chemical facility or an employee of an 
entity with which the covered chemical facility has 
entered into a contract who is performing respon-
sibilities at the facility pursuant to the contract. 
‘‘(6) The term ‘covered chemical facility’ means 
a chemical facility that meets the criteria of section 
2102(b)(1). 
‘‘(7) The term ‘environment’ means— 
‘‘(A) the navigable waters, the waters of 
the contiguous zone, and the ocean waters of 
which the natural resources are under the ex-
clusive management authority of the United 
States under the Magnuson-Stevens Fishery 
Conservation and Management Act (16 U.S.C. 
1801 et seq.); and 
‘‘(B) any other surface water, ground 
water, drinking water supply, land surface or 
subsurface strata, or ambient air within the 
United States or under the jurisdiction of the 
United States. 
‘‘(8) The term ‘owner or operator’ with respect 
to a facility means any of the following: 
‘‘(A) The person who owns the facility. 
VerDate Nov 24 2008 
23:44 Nov 09, 2009
Jkt 089200
PO 00000
Frm 00012
Fmt 6652
Sfmt 6201
E:\BILLS\H2868.RFS
H2868
wwoods2 on DSK1DXX6B1PROD with BILLS
HR 2868 RFS 
‘‘(B) The person who has responsibility for 
daily operation of the facility. 
‘‘(C) The person who leases the facility. 
‘‘(9) The term ‘person’ means an individual, 
trust, firm, joint stock company, corporation (includ-
ing a government corporation), partnership, associa-
tion, State, municipality, commission, political sub-
division of a State, or any interstate body and shall 
include each department, agency, and instrumen-
tality of the United States. 
‘‘(10) The term ‘release’ means any spilling, 
leaking, pumping, pouring, emitting, emptying, dis-
charging, injecting, escaping, leaching, dumping, or 
disposing into the environment (including the aban-
donment or discarding of barrels, containers, and 
other closed receptacles containing any hazardous 
substance or pollutant or contaminant). 
‘‘(11) The term ‘substance of concern’ means a 
chemical substance in quantity and form that is so 
designated by the Secretary under section 2102(a). 
‘‘(12) The term ‘method to reduce the con-
sequences of a terrorist attack’ means a measure 
used at a chemical facility that reduces or eliminates 
the potential consequences of a chemical facility ter-
rorist incident, including— 
VerDate Nov 24 2008 
23:44 Nov 09, 2009
Jkt 089200
PO 00000
Frm 00013
Fmt 6652
Sfmt 6201
E:\BILLS\H2868.RFS
H2868
wwoods2 on DSK1DXX6B1PROD with BILLS
HR 2868 RFS 
‘‘(A) the elimination or reduction in the 
amount of a substance of concern possessed or 
planned to be possessed by an owner or oper-
ator of a covered chemical facility through the 
use of alternate substances, formulations, or 
processes; 
‘‘(B) the modification of pressures, tem-
peratures, or concentrations of a substance of 
concern; and 
‘‘(C) the reduction or elimination of onsite 
handling of a substance of concern through im-
provement of inventory control or chemical use 
efficiency. 
‘‘(13) The term ‘academic laboratory’ means a 
facility or area owned by an institution of higher 
education (as defined under section 101 of the High-
er Education Act of 1965 (20 U.S.C. 1001)) or a 
non-profit research institute or teaching hospital 
that has a formal affiliation with an institution of 
higher education, including photo laboratories, art 
studios, field laboratories, research farms, chemical 
stockrooms, and preparatory laboratories, where rel-
atively small quantities of chemicals and other sub-
stances, as determined by the Secretary, are used on 
a non-production basis for teaching, research, or di-
VerDate Nov 24 2008 
23:44 Nov 09, 2009
Jkt 089200
PO 00000
Frm 00014
Fmt 6652
Sfmt 6201
E:\BILLS\H2868.RFS
H2868
wwoods2 on DSK1DXX6B1PROD with BILLS
HR 2868 RFS 
agnostic purposes, and are stored and used in con-
tainers that are typically manipulated by one person. 
‘‘SEC. 2102. RISK-BASED DESIGNATION AND RANKING OF 
CHEMICAL FACILITIES. 
‘‘(a) SUBSTANCES OF CONCERN.— 
‘‘(1) DESIGNATION BY THE SECRETARY.—The 
Secretary may designate any chemical substance as 
a substance of concern and establish the threshold 
quantity for each such substance of concern. 
‘‘(2) MATTERS FOR CONSIDERATION.—In desig-
nating a chemical substance or establishing or ad-
justing the threshold quantity for a chemical sub-
stance under paragraph (1), the Secretary shall con-
sider the potential extent of death, injury, and seri-
ous adverse effects to human health, the environ-
ment, critical infrastructure, public health, homeland 
security, national security, and the national economy 
that could result from a chemical facility terrorist 
incident. 
‘‘(b) LIST OF COVERED CHEMICAL FACILITIES.— 
‘‘(1) CRITERIA FOR LIST OF FACILITIES.—The 
Secretary shall maintain a list of covered chemical 
facilities that the Secretary determines are of suffi-
cient security risk for inclusion on the list based on 
the following criteria: 
VerDate Nov 24 2008 
23:44 Nov 09, 2009
Jkt 089200
PO 00000
Frm 00015
Fmt 6652
Sfmt 6201
E:\BILLS\H2868.RFS
H2868
wwoods2 on DSK1DXX6B1PROD with BILLS
HR 2868 RFS 
‘‘(A) The potential threat or likelihood that 
the chemical facility will be the target of a 
chemical facility terrorist incident. 
‘‘(B) The potential extent and likelihood of 
death, injury, or serious adverse effects to 
human health, the environment, critical infra-
structure, public health, homeland security, na-
tional security, and the national economy that 
could result from a chemical facility terrorist 
incident. 
‘‘(C) The proximity of the chemical facility 
to large population centers. 
‘‘(2) SUBMISSION OF INFORMATION.—The Sec-
retary may require the submission of information 
with respect to the quantities of substances of con-
cern that an owner or operator of a chemical facility 
possesses or plans to possess in order to determine 
whether to designate a chemical facility as a covered 
chemical facility for purposes of this title. 
‘‘(c) ASSIGNMENT
OF CHEMICAL FACILITIES
TO 
RISK-BASED TIERS.— 
‘‘(1) ASSIGNMENT.—The Secretary shall assign 
each covered chemical facility to one of four risk- 
based tiers established by the Secretary, with tier 
VerDate Nov 24 2008 
23:44 Nov 09, 2009
Jkt 089200
PO 00000
Frm 00016
Fmt 6652
Sfmt 6201
E:\BILLS\H2868.RFS
H2868
wwoods2 on DSK1DXX6B1PROD with BILLS
HR 2868 RFS 
one representing the highest degree of risk and tier 
four the lowest degree of risk. 
‘‘(2) PROVISION OF INFORMATION.—The Sec-
retary may request, and the owner or operator of a 
covered chemical facility shall provide, any additional 
information beyond any information required to be 
submitted under subsection (b)(2) that may be nec-
essary for the Secretary to assign the chemical facil-
ity to the appropriate tier under paragraph (1). 
‘‘(3) NOTIFICATION.—Not later than 60 days 
after the date on which the Secretary determines 
that a chemical facility is a covered chemical facility 
or is no longer a covered chemical facility or changes 
the tier assignment under paragraph (1) of a cov-
ered chemical facility, the Secretary shall notify the 
owner or operator of that chemical facility of that 
determination or change together with the reason for 
the determination or change and, upon the request 
of the owner or operator of a covered chemical facil-
ity, provide to the owner or operator of the covered 
chemical facility the following information: 
‘‘(A) The number of individuals at risk of 
death, injury, or severe adverse effects to 
human health as a result of a worst case chem-
VerDate Nov 24 2008 
23:44 Nov 09, 2009
Jkt 089200
PO 00000
Frm 00017
Fmt 6652
Sfmt 6201
E:\BILLS\H2868.RFS
H2868
wwoods2 on DSK1DXX6B1PROD with BILLS
HR 2868 RFS 
ical facility terrorist incident at the covered 
chemical facility. 
‘‘(B) Information related to the criticality 
of the covered chemical facility. 
‘‘(C) The proximity or interrelationship of 
the covered chemical facility to other critical in-
frastructure. 
‘‘(d) REQUIREMENT FOR REVIEW.—The Secretary— 
‘‘(1) shall periodically review— 
‘‘(A) the designation of a chemical sub-
stance as a substance of concern and the 
threshold quantity for the substance under sub-
section (a)(1); and 
‘‘(B) the criteria under subsection (b)(1); 
and 
‘‘(2) may, at any time, determine whether a 
chemical facility is a covered chemical facility or 
change the tier to which such a facility is assigned 
under subsection (c)(1). 
‘‘(e) PROVISION
OF THREAT-RELATED INFORMA-
TION.—In order to effectively assess the vulnerabilities to 
a covered chemical facility, the Secretary shall provide to 
the owner, operator, or security officer of a covered chem-
ical facility threat information regarding probable threats 
VerDate Nov 24 2008 
23:44 Nov 09, 2009
Jkt 089200
PO 00000
Frm 00018
Fmt 6652
Sfmt 6201
E:\BILLS\H2868.RFS
H2868
wwoods2 on DSK1DXX6B1PROD with BILLS
HR 2868 RFS 
to the facility and methods that could be used in a chem-
ical facility terrorist incident. 
‘‘SEC. 2103. SECURITY VULNERABILITY ASSESSMENTS AND 
SITE SECURITY PLANS. 
‘‘(a) IN GENERAL.— 
‘‘(1) REQUIREMENT.—The Secretary shall— 
‘‘(A) establish standards, protocols, and 
procedures for security vulnerability assess-
ments and site security plans to be required for 
covered chemical facilities; 
‘‘(B) require the owner or operator of each 
covered chemical facility to— 
‘‘(i) conduct an assessment of the vul-
nerability of the covered chemical facility 
to a range of chemical facility terrorist in-
cidents, including an incident that results 
in a worst-case release of a substance of 
concern, and submit such assessment to 
the Secretary; 
‘‘(ii) prepare and implement a site se-
curity plan for that covered chemical facil-
ity that addresses the security vulnerability 
assessment and meets the risk-based chem-
ical security performance standards under 
VerDate Nov 24 2008 
23:44 Nov 09, 2009
Jkt 089200
PO 00000
Frm 00019
Fmt 6652
Sfmt 6201
E:\BILLS\H2868.RFS
H2868
wwoods2 on DSK1DXX6B1PROD with BILLS
HR 2868 RFS 
subsection (c) and submit such plan to the 
Secretary; 
‘‘(iii) include at least one supervisory 
and at least one non-supervisory employee 
of the covered chemical facility, and at 
least one employee representative from 
each bargaining agent at the covered 
chemical facility, if any, in developing the 
security vulnerability assessment and site 
security plan required under this section; 
and 
‘‘(iv) include, with the submission of a 
security vulnerability assessment and the 
site security plan of the covered chemical 
facility under this section, a signed state-
ment by the owner or operator of the cov-
ered chemical facility that certifies that the 
submission is provided to the Secretary 
with knowledge of the penalty provisions 
under section 2107; 
‘‘(C) set deadlines, by tier, for the comple-
tion of security vulnerability assessments and 
site security plans; 
‘‘(D) upon request, as necessary, and to 
the extent that resources permit, provide tech-
VerDate Nov 24 2008 
23:44 Nov 09, 2009
Jkt 089200
PO 00000
Frm 00020
Fmt 6652
Sfmt 6201
E:\BILLS\H2868.RFS
H2868
wwoods2 on DSK1DXX6B1PROD with BILLS
HR 2868 RFS 
nical assistance to a covered chemical facility 
conducting a vulnerability assessment or site se-
curity plan required under this section; 
‘‘(E) establish specific deadlines and re-
quirements for the submission by a covered 
chemical facility of information describing— 
‘‘(i) any change in the use by the cov-
ered chemical facility of more than a 
threshold amount of any substance of con-
cern that may affect the requirements of 
the chemical facility under this title; or 
‘‘(ii) any material modification to a 
covered chemical facility’s operations or 
site that may affect the security vulner-
ability assessment or site security plan 
submitted by the covered chemical facility; 
‘‘(F) require the owner or operator of a 
covered chemical facility to review and resubmit 
a security vulnerability assessment or site secu-
rity plan not less frequently than once every 5 
years; 
‘‘(G) not later than 180 days after the 
date on which the Secretary receives a security 
vulnerability assessment or site security plan 
under this title, review and approve or dis-
VerDate Nov 24 2008 
23:44 Nov 09, 2009
Jkt 089200
PO 00000
Frm 00021
Fmt 6652
Sfmt 6201
E:\BILLS\H2868.RFS
H2868
wwoods2 on DSK1DXX6B1PROD with BILLS
HR 2868 RFS 
approve such assessment or plan and notify the 
covered chemical facility of such approval or 
disapproval; and 
‘‘(H) establish, as appropriate, modified or 
separate standards, protocols, and procedures 
for security vulnerability assessments and site 
security plans for covered chemical facilities 
that are also academic laboratories. 
‘‘(2) 
INHERENTLY
GOVERNMENTAL
FUNC-
TION.—The approval or disapproval of a security 
vulnerability assessment or site security plan under 
this section is an inherently governmental function. 
‘‘(b) PARTICIPATION IN PREPARATION OF SECURITY 
VULNERABILITY
ASSESSMENTS
OR
SITE
SECURITY 
PLANS.—Any person selected by the owner or operator of 
a covered chemical facility or by a certified or recognized 
bargaining agent of a covered chemical facility to partici-
pate in the development of the security vulnerability as-
sessment or site security plan required under this section 
for such covered chemical facility shall be permitted to 
participate if the person possesses knowledge, experience, 
training, or education relevant to the portion of the secu-
rity vulnerability assessment or site security plan on which 
the person is participating. 
VerDate Nov 24 2008 
23:44 Nov 09, 2009
Jkt 089200
PO 00000
Frm 00022
Fmt 6652
Sfmt 6201
E:\BILLS\H2868.RFS
H2868
wwoods2 on DSK1DXX6B1PROD with BILLS
HR 2868 RFS 
‘‘(c) RISK-BASED CHEMICAL SECURITY PERFORM-
ANCE STANDARDS.—The Secretary shall establish risk- 
based chemical security performance standards for the site 
security plans required to be prepared by covered chemical 
facilities. In establishing such standards, the Secretary 
shall— 
‘‘(1) require separate and, as appropriate, in-
creasingly stringent risk-based chemical security per-
formance standards for site security plans as the 
level of risk associated with the tier increases; and 
‘‘(2) permit each covered chemical facility sub-
mitting a site security plan to select a combination 
of security measures that satisfy the risk-based 
chemical security performance standards established 
by the Secretary under this subsection. 
‘‘(d) CO-LOCATED CHEMICAL FACILITIES.—The Sec-
retary may allow an owner or operator of a covered chem-
ical facility that is located geographically close, as deter-
mined by the Secretary, to another covered chemical facil-
ity to develop and implement coordinated security vulner-
ability assessments and site security plans. 
‘‘(e) ALTERNATE SECURITY PROGRAMS SATISFYING 
REQUIREMENTS FOR SECURITY VULNERABILITY ASSESS-
MENT AND SITE SECURITY PLAN.— 
VerDate Nov 24 2008 
23:44 Nov 09, 2009
Jkt 089200
PO 00000
Frm 00023
Fmt 6652
Sfmt 6201
E:\BILLS\H2868.RFS
H2868
wwoods2 on DSK1DXX6B1PROD with BILLS
HR 2868 RFS 
‘‘(1) ACCEPTANCE OF PROGRAM.—In response 
to a request by an owner or operator of a covered 
chemical facility, the Secretary may accept an alter-
nate security program submitted by the owner or op-
erator of the facility as a component of the security 
vulnerability assessment or site security plan re-
quired under this section, if the Secretary deter-
mines that such alternate security program, in com-
bination with other components of the security vul-
nerability assessment and site security plan sub-
mitted by the owner or operator of the facility— 
‘‘(A) meets the requirements of this title 
and the regulations promulgated pursuant to 
this title; 
‘‘(B) provides an equivalent level of secu-
rity to the level of security established pursuant 
to the regulations promulgated pursuant to this 
title; and 
‘‘(C) includes employee participation as re-
quired under subsection (a)(1)(B)(iii). 
‘‘(2) SECRETARIAL REVIEW REQUIRED.—Noth-
ing in this subsection shall relieve the Secretary of 
the obligation— 
VerDate Nov 24 2008 
23:44 Nov 09, 2009
Jkt 089200
PO 00000
Frm 00024
Fmt 6652
Sfmt 6201
E:\BILLS\H2868.RFS
H2868
wwoods2 on DSK1DXX6B1PROD with BILLS
HR 2868 RFS 
‘‘(A) to review a security vulnerability as-
sessment and site security plan submitted by a 
covered chemical facility under this section; and 
‘‘(B) to approve or disapprove each such 
assessment or plan on an individual basis ac-
cording to the deadlines established under sub-
section (a). 
‘‘(3) COVERED FACILITY’S OBLIGATIONS UNAF-
FECTED.—Nothing in this subsection shall relieve 
any covered chemical facility of the obligation and 
responsibility to comply with all of the requirements 
of this title. 
‘‘(4) PERSONNEL
SURETY
ALTERNATE
SECU-
RITY PROGRAM.—In response to an application from 
a non-profit, personnel surety accrediting organiza-
tion acting on behalf of, and with written authoriza-
tion from, the owner or operator of a covered chem-
ical facility, the Secretary may accept a personnel 
surety alternate security program that meets the re-
quirements of section 2115 and provides for a back-
ground check process that is— 
‘‘(A) expedited, affordable, reliable, and ac-
curate; 
‘‘(B) fully protective of the rights of cov-
ered individuals through procedures that are 
VerDate Nov 24 2008 
23:44 Nov 09, 2009
Jkt 089200
PO 00000
Frm 00025
Fmt 6652
Sfmt 6201
E:\BILLS\H2868.RFS
H2868
wwoods2 on DSK1DXX6B1PROD with BILLS
HR 2868 RFS 
consistent with the privacy protections available 
under the Fair Credit Reporting Act (15 U.S.C. 
1681 et seq.); and 
‘‘(C) a single background check consistent 
with a risk-based tiered program. 
‘‘(f) OTHER AUTHORITIES.— 
‘‘(1) REGULATION OF MARITIME FACILITIES.— 
‘‘(A) 
RISK-BASED
TIERING.—Notwith-
standing any other provision of law, the owner 
or operator of a chemical facility required to 
submit a facility security plan under section 
70103(c) of title 46, United States Code, shall 
be required to submit information to the Sec-
retary necessary to determine whether to des-
ignate such a facility as a covered chemical fa-
cility and to assign the facility to a risk-based 
tier under section 2102 of this title. 
‘‘(B) ADDITIONAL MEASURES.—In the case 
of a facility designated as a covered chemical 
facility under this title for which a facility secu-
rity plan is required to be submitted under sec-
tion 70103(c) of title 46, United States Code, 
the Commandant of the Coast Guard, after con-
sultation with the Secretary, shall require the 
owner or operator of such facility to update the 
VerDate Nov 24 2008 
23:44 Nov 09, 2009
Jkt 089200
PO 00000
Frm 00026
Fmt 6652
Sfmt 6201
E:\BILLS\H2868.RFS
H2868
wwoods2 on DSK1DXX6B1PROD with BILLS
HR 2868 RFS 
vulnerability assessments and facility security 
plans required under that section, if necessary, 
to ensure an equivalent level of security for sub-
stances of concern, including the requirements 
under section 2111, in the same manner as 
other covered chemical facilities in this title. 
‘‘(C) PERSONNEL SURETY.— 
‘‘(i) 
EXCEPTION.—A 
facility 
des-
ignated as a covered chemical facility 
under this title that has had its facility se-
curity 
plan 
approved 
under 
section 
70103(c) of title 46, United States Code, 
shall not be required to update or amend 
such plan in order to meet the require-
ments of section 2115 of this title. 
‘‘(ii) EQUIVALENT ACCESS.—An indi-
vidual described in section 2115(a)(1)(B) 
who has been granted access to restricted 
areas or critical assets by the owner or op-
erator of a facility for which a security 
plan is required to be submitted under sec-
tion 70103(c) of title 46, United States 
Code, may be considered by that owner or 
operator to have satisfied the requirement 
for passing a security background check 
VerDate Nov 24 2008 
23:44 Nov 09, 2009
Jkt 089200
PO 00000
Frm 00027
Fmt 6652
Sfmt 6201
E:\BILLS\H2868.RFS
H2868
wwoods2 on DSK1DXX6B1PROD with BILLS
HR 2868 RFS 
otherwise required under section 2115 for 
purposes of granting the individual access 
to restricted areas or critical assets of a 
covered chemical facility that is owned or 
operated by the same owner or operator. 
‘‘(D) INFORMATION
SHARING
AND
PRO-
TECTION.—Notwithstanding section 70103(d) 
of title 46, United States Code, the Com-
mandant of the Coast Guard, after consultation 
with the Secretary, shall apply the information 
sharing and protection requirements in section 
2110 of this title to a facility described in sub-
paragraph (B). 
‘‘(E) ENFORCEMENT.—The Secretary shall 
establish, by rulemaking, procedures to ensure 
that an owner or operator of a covered chemical 
facility required to update the vulnerability as-
sessment and facility security plan for the facil-
ity under subparagraph (B) is in compliance 
with the requirements of this title. 
‘‘(F) FORMAL
AGREEMENT.—The Sec-
retary shall— 
‘‘(i) require the Office of Infrastruc-
ture Protection and the Coast Guard to 
enter into a formal agreement detailing 
VerDate Nov 24 2008 
23:44 Nov 09, 2009
Jkt 089200
PO 00000
Frm 00028
Fmt 6652
Sfmt 6201
E:\BILLS\H2868.RFS
H2868
wwoods2 on DSK1DXX6B1PROD with BILLS
HR 2868 RFS 
their respective roles and responsibilities in 
carrying out the requirements of this title, 
which shall ensure that the enforcement 
and compliance requirements under this 
title and section 70103 of title 46, United 
States Code, are not conflicting or duplica-
tive; and 
‘‘(ii) designate the agency responsible 
for enforcing the requirements of this title 
with respect to covered chemical facilities 
for which facility security plans are re-
quired to be submitted under section 
70103(c) of title 46, United States Code, 
consistent with the requirements of sub-
paragraphs (B) and (D). 
‘‘(2) COORDINATION
OF
STORAGE
LICENSING 
OR PERMITTING REQUIREMENT.—In the case of any 
storage required to be licensed or permitted under 
chapter 40 of title 18, United States Code, the Sec-
retary shall prescribe the rules and regulations for 
the implementation of this section with the concur-
rence of the Attorney General and avoid unnecessary 
duplication of regulatory requirements. 
‘‘(g) ROLE OF EMPLOYEES.— 
VerDate Nov 24 2008 
23:44 Nov 09, 2009
Jkt 089200
PO 00000
Frm 00029
Fmt 6652
Sfmt 6201
E:\BILLS\H2868.RFS
H2868
wwoods2 on DSK1DXX6B1PROD with BILLS
HR 2868 RFS 
‘‘(1) DESCRIPTION OF ROLE REQUIRED.—Site 
security plans required under this section shall de-
scribe the roles or responsibilities that covered indi-
viduals are expected to perform to deter or respond 
to a chemical facility terrorist incident. 
‘‘(2) ANNUAL TRAINING FOR EMPLOYEES.—The 
owner or operator of a covered chemical facility re-
quired to submit a site security plan under this sec-
tion shall annually provide each covered individual 
with a role or responsibility referred to in paragraph 
(1) at the facility with a minimum of 8 hours of 
training. Such training shall, as relevant to the role 
or responsibility of such covered individual— 
‘‘(A) include an identification and discus-
sion of substances of concern; 
‘‘(B) include a discussion of possible con-
sequences of a chemical facility terrorist inci-
dent; 
‘‘(C) review and exercise the covered chem-
ical facility’s site security plan, including any 
requirements for differing threat levels; 
‘‘(D) include a review of information pro-
tection requirements; 
‘‘(E) include a discussion of physical and 
cyber security equipment, systems, and methods 
VerDate Nov 24 2008 
23:44 Nov 09, 2009
Jkt 089200
PO 00000
Frm 00030
Fmt 6652
Sfmt 6201
E:\BILLS\H2868.RFS
H2868
wwoods2 on DSK1DXX6B1PROD with BILLS
HR 2868 RFS 
used to achieve chemical security performance 
standards; 
‘‘(F) allow training with other relevant 
participants, including Federal, State, local, 
and tribal authorities, and first responders, 
where appropriate; 
‘‘(G) use existing national voluntary con-
sensus standards, chosen jointly with employee 
representatives, if any; 
‘‘(H) allow instruction through government 
training programs, chemical facilities, academic 
institutions, nonprofit organizations, industry 
and private organizations, employee organiza-
tions, and other relevant entities that provide 
such training; 
‘‘(I) use multiple training media and meth-
ods; and 
‘‘(J) include a discussion of appropriate 
emergency response procedures, including pro-
cedures to mitigate the effects of a chemical fa-
cility terrorist incident. 
‘‘(3) 
EQUIVALENT
TRAINING.—During 
any 
year, with respect to any covered individual with 
roles or responsibilities under paragraph (1), an 
owner or operator of a covered chemical facility may 
VerDate Nov 24 2008 
23:44 Nov 09, 2009
Jkt 089200
PO 00000
Frm 00031
Fmt 6652
Sfmt 6201
E:\BILLS\H2868.RFS
H2868
wwoods2 on DSK1DXX6B1PROD with BILLS
HR 2868 RFS 
satisfy any of the training requirements for such 
covered individual under subparagraph (A), (B), (C), 
(D), (E), or (J) of paragraph (2) through training 
that such owner or operator certifies, in a manner 
prescribed by the Secretary, is equivalent. 
‘‘(4) WORKER TRAINING GRANT PROGRAM.— 
‘‘(A) AUTHORITY.—The Secretary shall es-
tablish a grant program to award grants to or 
enter into cooperative agreements with eligible 
entities to provide for the training and edu-
cation of covered individuals with roles or re-
sponsibilities described in paragraph (1) and 
first responders and emergency response pro-
viders who would respond to a chemical facility 
terrorist incident. 
‘‘(B) ADMINISTRATION.—The Secretary 
shall seek to enter into an agreement with the 
Director of the National Institute for Environ-
mental Health Sciences, or with the head of an-
other Federal or State agency, to make and ad-
minister grants or cooperative agreements 
under this paragraph. 
‘‘(C) USE
OF
FUNDS.—The recipient of 
funds under this paragraph shall use such 
funds to provide for the training and education 
VerDate Nov 24 2008 
23:44 Nov 09, 2009
Jkt 089200
PO 00000
Frm 00032
Fmt 6652
Sfmt 6201
E:\BILLS\H2868.RFS
H2868
wwoods2 on DSK1DXX6B1PROD with BILLS
HR 2868 RFS 
of covered individuals with roles or responsibil-
ities described in paragraph (1), first respond-
ers, and emergency response providers, includ-
ing— 
‘‘(i) the annual mandatory training 
specified in paragraph (2); and 
‘‘(ii) other appropriate training to 
protect nearby persons, property, critical 
infrastructure, or the environment from 
the effects of a chemical facility terrorist 
incident. 
‘‘(D) ELIGIBLE ENTITIES.—For purposes 
of this paragraph, an eligible entity is a non-
profit organization with demonstrated experi-
ence in implementing and operating successful 
worker or first responder health and safety or 
security training programs. 
‘‘(E) PRESUMPTION OF CONGRESS RELAT-
ING TO COMPETITIVE PROCEDURES.— 
‘‘(i) PRESUMPTION.—It is the pre-
sumption of Congress that grants awarded 
under this paragraph will be awarded 
using competitive procedures based on 
merit. 
VerDate Nov 24 2008 
23:44 Nov 09, 2009
Jkt 089200
PO 00000
Frm 00033
Fmt 6652
Sfmt 6201
E:\BILLS\H2868.RFS
H2868
wwoods2 on DSK1DXX6B1PROD with BILLS
HR 2868 RFS 
‘‘(ii) 
REPORT
TO
CONGRESS.—If 
grants are awarded under this paragraph 
using procedures other than competitive 
procedures, the Secretary shall submit to 
Congress a report explaining why competi-
tive procedures were not used. 
‘‘(F) PROHIBITION ON EARMARKS.—None 
of the funds appropriated to carry out this 
paragraph may be used for a congressional ear-
mark as defined in clause 9d, of Rule XXI of 
the rules of the House of Representatives of the 
111th Congress. 
‘‘(h) STATE, REGIONAL, OR LOCAL GOVERNMENTAL 
ENTITIES.—No covered chemical facility shall be required 
under State, local, or tribal law to provide a vulnerability 
assessment or site security plan described under this title 
to any State, regional, local, or tribal government entity 
solely by reason of the requirement under subsection (a) 
that the covered chemical facility submit such an assess-
ment and plan to the Secretary. 
‘‘SEC. 2104. SITE INSPECTIONS. 
‘‘(a) RIGHT OF ENTRY.—For purposes of carrying 
out this title, the Secretary shall have, at a reasonable 
time and on presentation of credentials, a right of entry 
to, on, or through any property of a covered chemical facil-
VerDate Nov 24 2008 
23:44 Nov 09, 2009
Jkt 089200
PO 00000
Frm 00034
Fmt 6652
Sfmt 6201
E:\BILLS\H2868.RFS
H2868
wwoods2 on DSK1DXX6B1PROD with BILLS
HR 2868 RFS 
ity or any property on which any record required to be 
maintained under this section is located. 
‘‘(b) INSPECTIONS AND VERIFICATIONS.— 
‘‘(1) IN
GENERAL.—The Secretary shall, at 
such time and place as the Secretary determines to 
be reasonable and appropriate, conduct chemical fa-
cility security inspections and verifications. 
‘‘(2) REQUIREMENTS.—To ensure and evaluate 
compliance with this title, including any regulations 
or requirements adopted by the Secretary in further-
ance of the purposes of this title, in conducting an 
inspection or verification under paragraph (1), the 
Secretary shall have access to the owners, operators, 
employees, and employee representatives, if any, of 
a covered chemical facility. 
‘‘(c) UNANNOUNCED INSPECTIONS.—In addition to 
any inspection conducted pursuant to subsection (b), the 
Secretary shall require covered chemical facilities assigned 
to tier 1 and tier 2 under section 2102(c)(1) to undergo 
unannounced facility inspections. The inspections required 
under this subsection shall be— 
‘‘(1) conducted without prior notice to the facil-
ity; 
‘‘(2) designed to evaluate at the chemical facil-
ity undergoing inspection— 
VerDate Nov 24 2008 
23:44 Nov 09, 2009
Jkt 089200
PO 00000
Frm 00035
Fmt 6652
Sfmt 6201
E:\BILLS\H2868.RFS
H2868
wwoods2 on DSK1DXX6B1PROD with BILLS
HR 2868 RFS 
‘‘(A) the ability of the chemical facility to 
prevent a chemical facility terrorist incident 
that the site security plan of the facility is in-
tended to prevent; 
‘‘(B) the ability of the chemical facility to 
protect against security threats that are re-
quired to be addressed by the site security plan 
of the facility; and 
‘‘(C) any weaknesses in the site security 
plan of the chemical facility; 
‘‘(3) conducted so as not to affect the actual se-
curity, physical integrity, safety, or regular oper-
ations of the chemical facility or its employees while 
the inspection is conducted; and 
‘‘(4) conducted— 
‘‘(A) every two years in the case of a cov-
ered chemical facility assigned to tier 1; and 
‘‘(B) every four years in the case of a cov-
ered chemical facility assigned to tier 2. 
‘‘(d) CHEMICAL FACILITY INSPECTORS AUTHOR-
IZED.—During fiscal years 2011 and 2012, subject to the 
availability of appropriations for such purpose, the Sec-
retary shall increase by not fewer than 100 the total num-
ber of chemical facility inspectors within the Department 
to ensure compliance with this title. 
VerDate Nov 24 2008 
23:44 Nov 09, 2009
Jkt 089200
PO 00000
Frm 00036
Fmt 6652
Sfmt 6201
E:\BILLS\H2868.RFS
H2868
wwoods2 on DSK1DXX6B1PROD with BILLS
HR 2868 RFS 
‘‘(e) CONFIDENTIAL COMMUNICATIONS.—The Sec-
retary shall offer non-supervisory employees the oppor-
tunity to confidentially communicate information relevant 
to the employer’s compliance or non-compliance with this 
title, including compliance or non-compliance with any 
regulation or requirement adopted by the Secretary in fur-
therance of the purposes of this title. An employee rep-
resentative of each certified or recognized bargaining 
agent at the covered chemical facility, if any, or, if none, 
a non-supervisory employee, shall be given the opportunity 
to accompany the Secretary during a physical inspection 
of such covered chemical facility for the purpose of aiding 
in such inspection, if representatives of the owner or oper-
ator of the covered chemical facility will also be accom-
panying the Secretary on such inspection. 
‘‘SEC. 2105. RECORDS. 
‘‘(a) REQUEST FOR RECORDS.—In carrying out this 
title, the Secretary may require submission of, or on pres-
entation of credentials may at reasonable times obtain ac-
cess to and copy, any records, including any records main-
tained in electronic format, necessary for— 
‘‘(1) reviewing or analyzing a security vulner-
ability assessment or site security plan submitted 
under section 2103; or 
VerDate Nov 24 2008 
23:44 Nov 09, 2009
Jkt 089200
PO 00000
Frm 00037
Fmt 6652
Sfmt 6201
E:\BILLS\H2868.RFS
H2868
wwoods2 on DSK1DXX6B1PROD with BILLS
HR 2868 RFS 
‘‘(2) assessing the implementation of such a site 
security plan. 
‘‘(b) PROPER HANDLING OF RECORDS.—In accessing 
or copying any records under subsection (a), the Secretary 
shall ensure that such records are handled and secured 
appropriately in accordance with section 2110. 
‘‘SEC. 2106. TIMELY SHARING OF THREAT INFORMATION. 
‘‘(a) RESPONSIBILITIES OF SECRETARY.—Upon the 
receipt of information concerning a threat that is relevant 
to a certain covered chemical facility, the Secretary shall 
provide such information in a timely manner, to the max-
imum extent practicable under applicable authority and in 
the interests of national security, to the owner, operator, 
or security officer of that covered chemical facility, to a 
representative of each recognized or certified bargaining 
agent at the facility, if any, and to relevant State, local, 
and tribal authorities, including the State Homeland Secu-
rity Advisor, if any. 
‘‘(b) RESPONSIBILITIES OF OWNER OR OPERATOR.— 
The Secretary shall require the owner or operator of a 
covered chemical facility to provide to the Secretary in a 
timely manner, information concerning a threat about any 
significant security incident or threat to the covered chem-
ical facility or any intentional or unauthorized penetration 
VerDate Nov 24 2008 
23:44 Nov 09, 2009
Jkt 089200
PO 00000
Frm 00038
Fmt 6652
Sfmt 6201
E:\BILLS\H2868.RFS
H2868
wwoods2 on DSK1DXX6B1PROD with BILLS
HR 2868 RFS 
of the physical security or cyber security of the covered 
chemical facility whether successful or unsuccessful. 
‘‘SEC. 2107. ENFORCEMENT. 
‘‘(a) REVIEW OF SECURITY VULNERABILITY ASSESS-
MENT AND SITE SECURITY PLAN.— 
‘‘(1) DISAPPROVAL.—The Secretary shall dis-
approve a security vulnerability assessment or site 
security plan submitted under this title if the Sec-
retary determines, in his or her discretion, that— 
‘‘(A) the security vulnerability assessment 
or site security plan does not comply with the 
standards, protocols, or procedures under sec-
tion 2103(a)(1)(A); or 
‘‘(B) in the case of a site security plan— 
‘‘(i) the plan or the implementation of 
the 
plan 
is 
insufficient 
to 
address 
vulnerabilities identified in a security vul-
nerability assessment, site inspection, or 
unannounced inspection of the covered 
chemical facility; or 
‘‘(ii) the plan fails to meet all applica-
ble chemical facility security performance 
standards. 
‘‘(2) NOTIFICATION OF DISAPPROVAL.—If the 
Secretary disapproves the security vulnerability as-
VerDate Nov 24 2008 
23:44 Nov 09, 2009
Jkt 089200
PO 00000
Frm 00039
Fmt 6652
Sfmt 6201
E:\BILLS\H2868.RFS
H2868
wwoods2 on DSK1DXX6B1PROD with BILLS
HR 2868 RFS 
sessment or site security plan submitted by a cov-
ered chemical facility under this title or the imple-
mentation of a site security plan by such a chemical 
facility, the Secretary shall provide the owner or op-
erator of the covered chemical facility a written noti-
fication of the disapproval not later than 14 days 
after the date on which the Secretary disapproves 
such assessment or plan, that— 
‘‘(A) includes a clear explanation of defi-
ciencies in the assessment, plan, or implementa-
tion of the plan; and 
‘‘(B) requires the owner or operator of the 
covered chemical facility to revise the assess-
ment or plan to address any deficiencies and, 
by such date as the Secretary determines is ap-
propriate, to submit to the Secretary the re-
vised assessment or plan. 
‘‘(b) REMEDIES.— 
‘‘(1) ORDER FOR COMPLIANCE.—Whenever the 
Secretary determines that the owner or operator of 
a covered chemical facility has violated or is in viola-
tion of any requirement of this title or has failed or 
is failing to address any deficiencies in the assess-
ment, plan, or implementation of the plan by such 
VerDate Nov 24 2008 
23:44 Nov 09, 2009
Jkt 089200
PO 00000
Frm 00040
Fmt 6652
Sfmt 6201
E:\BILLS\H2868.RFS
H2868
wwoods2 on DSK1DXX6B1PROD with BILLS
HR 2868 RFS 
date as the Secretary determines to be appropriate, 
the Secretary may— 
‘‘(A) after providing notice to the owner or 
operator of the covered chemical facility and an 
opportunity, pursuant to the regulations issued 
under this title, for such owner or operator to 
seek departmental review of the Secretary’s de-
termination, issue an order assessing an admin-
istrative penalty of not more than $25,000 for 
each day on which a past or current violation 
occurs or a failure to comply continues, requir-
ing compliance immediately or within a speci-
fied time period, or both; or 
‘‘(B) in a civil action, obtain appropriate 
equitable relief, a civil penalty of not more than 
$25,000 for each day on which a past or cur-
rent violation occurs or a failure to comply con-
tinues, or both. 
‘‘(2) ORDER
TO
CEASE
OPERATIONS.—When-
ever the Secretary determines that the owner or op-
erator of a covered chemical facility continues to be 
in noncompliance after an order for compliance is 
issued under paragraph (1), the Secretary may issue 
an order to the owner or operator to cease oper-
VerDate Nov 24 2008 
23:44 Nov 09, 2009
Jkt 089200
PO 00000
Frm 00041
Fmt 6652
Sfmt 6201
E:\BILLS\H2868.RFS
H2868
wwoods2 on DSK1DXX6B1PROD with BILLS
HR 2868 RFS 
ations at the facility until compliance is achieved to 
the satisfaction of the Secretary. 
‘‘(c) APPLICABILITY
OF
PENALTIES.—A penalty 
under subsection (b)(1) may be awarded for any violation 
of this title, including a violation of the whistleblower pro-
tections under section 2108. 
‘‘SEC. 2108. WHISTLEBLOWER PROTECTIONS. 
‘‘(a) ESTABLISHMENT.—The Secretary shall estab-
lish and provide information to the public regarding a 
process by which any person may submit a report to the 
Secretary 
regarding 
problems, 
deficiencies, 
or 
vulnerabilities at a covered chemical facility associated 
with the risk of a chemical facility terrorist incident. 
‘‘(b) CONFIDENTIALITY.—The Secretary shall keep 
confidential the identity of a person who submits a report 
under subsection (a), and any such report shall be treated 
as protected information under section 2110 to the extent 
that it does not consist of publicly available information. 
‘‘(c) ACKNOWLEDGMENT OF RECEIPT.—If a report 
submitted under subsection (a) identifies the person sub-
mitting the report, the Secretary shall respond promptly 
to such person to acknowledge receipt of the report. 
‘‘(d) STEPS
TO ADDRESS PROBLEMS.—The Sec-
retary shall review and consider the information provided 
in any report submitted under subsection (a) and shall, 
VerDate Nov 24 2008 
23:44 Nov 09, 2009
Jkt 089200
PO 00000
Frm 00042
Fmt 6652
Sfmt 6201
E:\BILLS\H2868.RFS
H2868
wwoods2 on DSK1DXX6B1PROD with BILLS
HR 2868 RFS 
as necessary, take appropriate steps under this title to ad-
dress any problem, deficiency, or vulnerability identified 
in the report. 
‘‘(e) RETALIATION PROHIBITED.— 
‘‘(1) PROHIBITION.—No owner or operator of a 
covered chemical facility, for-profit or not-for-profit 
corporation, association, or any contractor, subcon-
tractor or agent thereof, may discharge any em-
ployee or otherwise discriminate against any em-
ployee with respect to the employee’s compensation, 
terms, conditions, or other privileges of employment 
because the employee (or any person acting pursu-
ant to a request of the employee)— 
‘‘(A) notified the Secretary, the owner or 
operator of a covered chemical facility, or the 
employee’s employer of an alleged violation of 
this title, including notification of such an al-
leged violation through communications related 
to carrying out the employee’s job duties; 
‘‘(B) refused to participate in any conduct 
that the employee reasonably believes is in non-
compliance with a requirement of this title, if 
the employee has identified the alleged non-
compliance to the employer; 
VerDate Nov 24 2008 
23:44 Nov 09, 2009
Jkt 089200
PO 00000
Frm 00043
Fmt 6652
Sfmt 6201
E:\BILLS\H2868.RFS
H2868
wwoods2 on DSK1DXX6B1PROD with BILLS
HR 2868 RFS 
‘‘(C) testified before or otherwise provided 
information relevant for Congress or for any 
Federal or State proceeding regarding any pro-
vision (or proposed provision) of this title; 
‘‘(D) commenced, caused to be commenced, 
or is about to commence or cause to be com-
menced a proceeding under this title; 
‘‘(E) testified or is about to testify in any 
such proceeding; or 
‘‘(F) assisted or participated or is about to 
assist or participate in any manner in such a 
proceeding or in any other manner in such a 
proceeding or in any other action to carry out 
the purposes of this title. 
‘‘(2) ENFORCEMENT
ACTION.—Any employee 
covered by this section who alleges discrimination by 
an employer in violation of paragraph (1) may bring 
an action governed by the rules and procedures, 
legal burdens of proof, and remedies applicable 
under subsections (d) through (h) of section 20109 
of title 49, United States Code. A party may seek 
district court review as set forth in subsection (d)(3) 
of such section not later than 90 days after receiving 
a written final determination by the Secretary of 
Labor. 
VerDate Nov 24 2008 
23:44 Nov 09, 2009
Jkt 089200
PO 00000
Frm 00044
Fmt 6652
Sfmt 6201
E:\BILLS\H2868.RFS
H2868
wwoods2 on DSK1DXX6B1PROD with BILLS
HR 2868 RFS 
‘‘(3) PROHIBITED PERSONNEL PRACTICES AF-
FECTING THE DEPARTMENT.— 
‘‘(A) IN GENERAL.—Notwithstanding any 
other provision of law, any individual holding or 
applying for a position within the Department 
shall be covered by— 
‘‘(i) paragraphs (1), (8), and (9) of 
section 2302(b) of title 5, United States 
Code; 
‘‘(ii) any provision of law imple-
menting any of such paragraphs by pro-
viding any right or remedy available to an 
employee or applicant for employment in 
the civil service; and 
‘‘(iii) any rule or regulation prescribed 
under any such paragraph. 
‘‘(B) RULE OF CONSTRUCTION.—Nothing 
in this paragraph shall be construed to affect 
any rights, apart from those referred to in sub-
paragraph (A), to which an individual described 
in that subparagraph might otherwise be enti-
tled to under law. 
‘‘SEC. 2109. FEDERAL PREEMPTION. 
‘‘This title does not preclude or deny any right of any 
State or political subdivision thereof to adopt or enforce 
VerDate Nov 24 2008 
23:44 Nov 09, 2009
Jkt 089200
PO 00000
Frm 00045
Fmt 6652
Sfmt 6201
E:\BILLS\H2868.RFS
H2868
wwoods2 on DSK1DXX6B1PROD with BILLS
HR 2868 RFS 
any regulation, requirement, or standard of performance 
with respect to a covered chemical facility that is more 
stringent than a regulation, requirement, or standard of 
performance issued under this title, or otherwise impair 
any right or jurisdiction of any State or political subdivi-
sion thereof with respect to covered chemical facilities 
within that State or political subdivision thereof. 
‘‘SEC. 2110. PROTECTION OF INFORMATION. 
‘‘(a) PROHIBITION OF PUBLIC DISCLOSURE OF PRO-
TECTED INFORMATION.—Protected information, as de-
scribed in subsection (g)— 
‘‘(1) shall be exempt from disclosure under sec-
tion 552 of title 5, United States Code; and 
‘‘(2) shall not be made available pursuant to 
any State, local, or tribal law requiring disclosure of 
information or records. 
‘‘(b) INFORMATION SHARING.— 
‘‘(1) IN
GENERAL.—The Secretary shall pre-
scribe such regulations, and may issue such orders, 
as necessary to prohibit the unauthorized disclosure 
of protected information, as described in subsection 
(g). 
‘‘(2) SHARING OF PROTECTED INFORMATION.— 
The regulations under paragraph (1) shall provide 
standards for and facilitate the appropriate sharing 
VerDate Nov 24 2008 
23:44 Nov 09, 2009
Jkt 089200
PO 00000
Frm 00046
Fmt 6652
Sfmt 6201
E:\BILLS\H2868.RFS
H2868
wwoods2 on DSK1DXX6B1PROD with BILLS
HR 2868 RFS 
of protected information with and between Federal, 
State, local, and tribal authorities, emergency re-
sponse providers, law enforcement officials, des-
ignated supervisory and nonsupervisory covered 
chemical facility personnel with security, operational, 
or fiduciary responsibility for the facility, and des-
ignated facility employee representatives, if any. 
Such standards shall include procedures for the 
sharing of all portions of a covered chemical facili-
ty’s vulnerability assessment and site security plan 
relating to the roles and responsibilities of covered 
individuals under section 2103(g)(1) with a rep-
resentative of each certified or recognized bargaining 
agent representing such covered individuals, if any, 
or, if none, with at least one supervisory and at least 
one non-supervisory employee with roles or respon-
sibilities under section 2103(g)(1). 
‘‘(3) PENALTIES.—Protected information, as 
described in subsection (g), shall not be shared ex-
cept in accordance with the regulations under para-
graph (1). Whoever discloses protected information 
in knowing violation of the regulations and orders 
issued under paragraph (1) shall be fined under title 
18, United States Code, imprisoned for not more 
than one year, or both, and, in the case of a Federal 
VerDate Nov 24 2008 
23:44 Nov 09, 2009
Jkt 089200
PO 00000
Frm 00047
Fmt 6652
Sfmt 6201
E:\BILLS\H2868.RFS
H2868
wwoods2 on DSK1DXX6B1PROD with BILLS
HR 2868 RFS 
officeholder or employee, shall be removed from Fed-
eral office or employment. 
‘‘(c) TREATMENT OF INFORMATION IN ADJUDICA-
TIVE PROCEEDINGS.—In any judicial or administrative 
proceeding, protected information described in subsection 
(g) shall be treated in a manner consistent with the treat-
ment of sensitive security information under section 525 
of the Department of Homeland Security Appropriations 
Act, 2007 (Public Law 109–295; 120 Stat. 1381). 
‘‘(d) OTHER OBLIGATIONS UNAFFECTED.—Except 
as provided in section 2103(h), nothing in this section af-
fects any obligation of the owner or operator of a chemical 
facility under any other law to submit or make available 
information required by such other law to facility employ-
ees, employee organizations, or a Federal, State, tribal, 
or local government. 
‘‘(e) SUBMISSION OF INFORMATION TO CONGRESS.— 
Nothing in this title shall permit or authorize the with-
holding of information from Congress or any committee 
or subcommittee thereof. 
‘‘(f) DISCLOSURE OF INDEPENDENTLY FURNISHED 
INFORMATION.—Nothing in this title shall affect any au-
thority or obligation of a Federal, State, local, or tribal 
government agency to protect or disclose any record or 
information that the Federal, State, local, or tribal govern-
VerDate Nov 24 2008 
23:44 Nov 09, 2009
Jkt 089200
PO 00000
Frm 00048
Fmt 6652
Sfmt 6201
E:\BILLS\H2868.RFS
H2868
wwoods2 on DSK1DXX6B1PROD with BILLS
HR 2868 RFS 
ment agency obtains from a chemical facility under any 
other law. 
‘‘(g) PROTECTED INFORMATION.— 
‘‘(1) IN GENERAL.—For purposes of this title, 
the term ‘protected information’ means any of the 
following: 
‘‘(A) Security vulnerability assessments 
and site security plans, including any assess-
ment required under section 2111. 
‘‘(B) Portions of the following documents, 
records, orders, notices, or letters that the Sec-
retary has determined by regulation would be 
detrimental to chemical facility security if dis-
closed and that are developed by the Secretary 
or the owner or operator of a covered chemical 
facility for the purposes of this title: 
‘‘(i) Documents directly related to the 
Secretary’s review and approval or dis-
approval of vulnerability assessments and 
site security plans under this title. 
‘‘(ii) Documents directly related to in-
spections and audits under this title. 
‘‘(iii) Orders, notices, or letters re-
garding the compliance of a covered chem-
VerDate Nov 24 2008 
23:44 Nov 09, 2009
Jkt 089200
PO 00000
Frm 00049
Fmt 6652
Sfmt 6201
E:\BILLS\H2868.RFS
H2868
wwoods2 on DSK1DXX6B1PROD with BILLS
HR 2868 RFS 
ical facility with the requirements of this 
title. 
‘‘(iv) 
Information, 
documents, 
or 
records required to be provided to or cre-
ated by the Secretary under subsection (b) 
or (c) of section 2102. 
‘‘(v) Documents directly related to se-
curity drills and training exercises, security 
threats and breaches of security, and 
maintenance, calibration, and testing of se-
curity equipment. 
‘‘(C) Other information, documents, or 
records developed exclusively for the purposes of 
this title that the Secretary has determined by 
regulation would, if disclosed, be detrimental to 
chemical facility security. 
‘‘(2) 
EXCLUSIONS.—Notwithstanding 
para-
graph (1), the term ‘protected information’ does not 
include— 
‘‘(A) information, other than a security 
vulnerability assessment or site security plan, 
that the Secretary has determined by regulation 
to be— 
‘‘(i) appropriate to describe facility 
compliance with the requirements of this 
VerDate Nov 24 2008 
23:44 Nov 09, 2009
Jkt 089200
PO 00000
Frm 00050
Fmt 6652
Sfmt 6201
E:\BILLS\H2868.RFS
H2868
wwoods2 on DSK1DXX6B1PROD with BILLS
HR 2868 RFS 
title and the Secretary’s implementation of 
such requirements; and 
‘‘(ii) not detrimental to chemical facil-
ity security if disclosed; or 
‘‘(B) information, whether or not also con-
tained in a security vulnerability assessment, 
site security plan, or in a document, record, 
order, notice, or letter, or portion thereof, de-
scribed in subparagraph (B) or (C) of para-
graph (1), that is obtained from another source 
with respect to which the Secretary has not 
made a determination under either such sub-
paragraph, including— 
‘‘(i) information that is required to be 
made publicly available under any other 
provision of law; and 
‘‘(ii) information that a chemical facil-
ity has lawfully disclosed other than in a 
submission to the Secretary pursuant to a 
requirement of this title. 
‘‘SEC. 2111. METHODS TO REDUCE THE CONSEQUENCES OF 
A TERRORIST ATTACK. 
‘‘(a) ASSESSMENT REQUIRED.— 
‘‘(1) ASSESSMENT.—The owner or operator of 
a covered chemical facility shall include in the site 
VerDate Nov 24 2008 
23:44 Nov 09, 2009
Jkt 089200
PO 00000
Frm 00051
Fmt 6652
Sfmt 6201
E:\BILLS\H2868.RFS
H2868
wwoods2 on DSK1DXX6B1PROD with BILLS
HR 2868 RFS 
security plan conducted pursuant to section 2103, 
an assessment of methods to reduce the con-
sequences of a terrorist attack on that chemical fa-
cility, including— 
‘‘(A) a description of the methods to re-
duce the consequences of a terrorist attack im-
plemented and considered for implementation 
by the covered chemical facility; 
‘‘(B) the degree to which each method to 
reduce the consequences of a terrorist attack, if 
already implemented, has reduced, or, if imple-
mented, could reduce, the potential extent of 
death, injury, or serious adverse effects to 
human health resulting from a release of a sub-
stance of concern; 
‘‘(C) the technical feasibility, costs, avoided 
costs (including liabilities), personnel implica-
tions, savings, and applicability of implementing 
each method to reduce the consequences of a 
terrorist attack; and 
‘‘(D) any other information that the owner 
or operator of the covered chemical facility con-
sidered in conducting the assessment. 
‘‘(2) FEASIBLE.—For the purposes of this sec-
tion, the term ‘feasible’ means feasible with the use 
VerDate Nov 24 2008 
23:44 Nov 09, 2009
Jkt 089200
PO 00000
Frm 00052
Fmt 6652
Sfmt 6201
E:\BILLS\H2868.RFS
H2868
wwoods2 on DSK1DXX6B1PROD with BILLS
HR 2868 RFS 
of best technology, techniques, and other means that 
the Secretary finds, after examination for efficacy 
under field conditions and not solely under labora-
tory conditions, are available for use at the covered 
chemical facility. 
‘‘(b) IMPLEMENTATION.— 
‘‘(1) IMPLEMENTATION.— 
‘‘(A) IN GENERAL.—The owner or operator 
of a covered chemical facility that is assigned to 
tier 1 or tier 2 because of the potential extent 
and likelihood of death, injury, and serious ad-
verse effects to human health, the environment, 
critical infrastructure, public health, homeland 
security, national security, and the national 
economy from a release of a substance of con-
cern at the covered chemical facility, shall im-
plement methods to reduce the consequences of 
a terrorist attack on the chemical facility if the 
Director of the Office of Chemical Facility Se-
curity determines, in his or her discretion, using 
the assessment conducted pursuant to sub-
section (a), that the implementation of such 
methods at the facility— 
‘‘(i) would significantly reduce the 
risk of death, injury, or serious adverse ef-
VerDate Nov 24 2008 
23:44 Nov 09, 2009
Jkt 089200
PO 00000
Frm 00053
Fmt 6652
Sfmt 6201
E:\BILLS\H2868.RFS
H2868
wwoods2 on DSK1DXX6B1PROD with BILLS
HR 2868 RFS 
homeland security, national security, 
and the national economy from a re-
lease of a substance of concern at the 
covered chemical facility; and 
‘‘(IV) would not significantly in-
crease the potential extent and likeli-
hood of death, injury, and serious ad-
verse effects to human health, the en-
vironment, 
critical 
infrastructure, 
public health, homeland security, na-
tional security, and the national econ-
omy from a release of a substance of 
concern due to a terrorist attack on 
the transportation infrastructure of 
the United States; 
‘‘(ii) can feasibly be incorporated into 
the operation of the covered chemical facil-
ity; and 
‘‘(iii) would not significantly and de-
monstrably impair the ability of the owner 
or operator of the covered chemical facility 
to continue the business of the facility at 
its location. 
‘‘(B) WRITTEN
DETERMINATION.—A de-
termination by the Director of the Office of 
VerDate Nov 24 2008 
23:44 Nov 09, 2009
Jkt 089200
PO 00000
Frm 00055
Fmt 6652
Sfmt 6201
E:\BILLS\H2868.RFS
H2868
wwoods2 on DSK1DXX6B1PROD with BILLS
HR 2868 RFS 
Chemical Facility Security pursuant to sub-
paragraph (A) shall be made in writing and in-
clude the basis and reasons for such determina-
tion, including the Director’s analysis of the 
covered chemical facility’s assessment of the 
technical feasibility, costs, avoided costs (includ-
ing liabilities), personnel implications, savings, 
and applicability of implementing each method 
to reduce the consequences of a terrorist attack. 
‘‘(C) MARITIME FACILITIES.—With respect 
to a covered chemical facility for which a secu-
rity plan is required under section 70103(c) of 
title 46, United States Code, a written deter-
mination pursuant to subparagraph (A) shall be 
made only after consultation with the Captain 
of the Port for the area in which the covered 
chemical facility is located. 
‘‘(2) REVIEW OF INABILITY TO COMPLY.— 
‘‘(A) IN GENERAL.—An owner or operator 
of a covered chemical facility who is unable to 
comply with the Director’s determination under 
paragraph (1) shall, within 120 days of receipt 
of the Director’s determination, provide to the 
Secretary a written explanation that includes 
the reasons therefor. Such written explanation 
VerDate Nov 24 2008 
23:44 Nov 09, 2009
Jkt 089200
PO 00000
Frm 00056
Fmt 6652
Sfmt 6201
E:\BILLS\H2868.RFS
H2868
wwoods2 on DSK1DXX6B1PROD with BILLS
HR 2868 RFS 
shall specify whether the owner or operator’s in-
ability to comply arises under clause (ii) or (iii) 
of paragraph (1)(A), or both. 
‘‘(B) REVIEW.—Not later than 120 days 
after receipt of an explanation submitted under 
subparagraph (A), the Secretary, after con-
sulting with the owner or operator of the cov-
ered chemical facility who submitted such expla-
nation, as well as experts in the subjects of en-
vironmental health and safety, security, chem-
istry, design and engineering, process controls 
and implementation, maintenance, production 
and operations, chemical process safety, and oc-
cupational health, as appropriate, shall provide 
to the owner or operator a written determina-
tion, in his or her discretion, of whether imple-
mentation shall be required pursuant to para-
graph (1). If the Secretary determines that im-
plementation is required, the Secretary shall 
issue an order that establishes the basis for 
such determination, including the findings of 
the relevant experts, the specific methods se-
lected for implementation, and a schedule for 
implementation of the methods at the facility. 
‘‘(c) AGRICULTURAL SECTOR.— 
VerDate Nov 24 2008 
23:44 Nov 09, 2009
Jkt 089200
PO 00000
Frm 00057
Fmt 6652
Sfmt 6201
E:\BILLS\H2868.RFS
H2868
wwoods2 on DSK1DXX6B1PROD with BILLS
HR 2868 RFS 
‘‘(1) GUIDANCE
FOR
FARM
SUPPLIES
MER-
CHANT WHOLESALERS.—The Secretary shall provide 
guidance and, as appropriate, tools, methodologies or 
computer software, to assist farm supplies merchant 
wholesalers in complying with the requirements of 
this section.
The Secretary may award grants to 
farm supplies merchant wholesalers to assist with 
compliance with subsection (a), and in awarding 
such grants, shall give priority to farm supplies mer-
chant wholesalers that have the greatest need for 
such grants. 
‘‘(2) ASSESSMENT
OF
AGRICULTURAL
IM-
PACTS.—Not later than 6 months after the date of 
the enactment of this title, the Secretary shall trans-
mit an assessment of the potential impacts of com-
pliance with provisions of this section regarding the 
assessment and, as appropriate, implementation, of 
methods to reduce the consequences of a terrorist 
attack on the agricultural sector to the Committee 
on Energy and Commerce of the House of Rep-
resentatives, the Committee on Homeland Security 
of the House of Representatives, the Committee on 
Homeland Security and Governmental Affairs of the 
Senate, the Committee on Agriculture of the House 
of Representatives, and the Committee on Agri-
VerDate Nov 24 2008 
23:44 Nov 09, 2009
Jkt 089200
PO 00000
Frm 00058
Fmt 6652
Sfmt 6201
E:\BILLS\H2868.RFS
H2868
wwoods2 on DSK1DXX6B1PROD with BILLS
HR 2868 RFS 
culture, Nutrition and Forestry of the Senate.
Such assessment shall be conducted by the Secretary 
in consultation with other appropriate Federal agen-
cies and shall include the following: 
‘‘(A) Data on the scope of agricultural fa-
cilities covered by this title, including the num-
ber and type of manufacturers, retailers, aerial 
commercial applicators and distributors of pes-
ticide and fertilizer required to assess methods 
to reduce the consequences of a terrorist attack 
under subsection (a) and the number and type 
of manufacturers, retailers, aerial commercial 
applicators and distributors of pesticide and 
fertilizer assigned to tier 1 or tier 2 by the Sec-
retary
because of
the potential extent and
likelihood of death, injury, and serious adverse 
effects to human health, the environment, crit-
ical infrastructure, public health, homeland se-
curity, national security, and the national econ-
omy from the release of a substance of concern 
at the facility. 
‘‘(B) A survey of known methods, proc-
esses or practices, other than elimination of or 
cessation of manufacture of the pesticide or fer-
tilizer, that manufacturers, retailers, aerial 
VerDate Nov 24 2008 
23:44 Nov 09, 2009
Jkt 089200
PO 00000
Frm 00059
Fmt 6652
Sfmt 6201
E:\BILLS\H2868.RFS
H2868
wwoods2 on DSK1DXX6B1PROD with BILLS
HR 2868 RFS 
commercial applicators, and distributors of pes-
ticide and fertilizer could use to reduce the con-
sequences of a terrorist attack, including an as-
sessment of the costs and technical feasibility of 
each such method, process, or practice. 
‘‘(C) An analysis of how the
assessment 
of methods to reduce the consequences of a
terrorist attack under subsection (a) by
manu-
facturers, retailers, aerial commercial applica-
tors, and distributors of pesticide and fertilizer,
and,
as appropriate, the
implementation of 
methods to reduce the consequences of a
ter-
rorist attack by
such manufacturers, retailers, 
aerial commercial applicators, and distributors 
of pesticide and fertilizer
subject to
sub-
section (b),
are likely to impact agricultural 
endusers. 
‘‘(D) Recommendations for how to miti-
gate any adverse impacts identified pursuant to 
subparagraph (C). 
‘‘(3) DEFINITIONS.—In this subsection: 
‘‘(A) FARM SUPPLIES MERCHANT WHOLE-
SALER.—The term ‘farm supplies merchant 
wholesaler’ means a covered chemical facility 
that is primarily engaged in the merchant 
VerDate Nov 24 2008 
23:44 Nov 09, 2009
Jkt 089200
PO 00000
Frm 00060
Fmt 6652
Sfmt 6201
E:\BILLS\H2868.RFS
H2868
wwoods2 on DSK1DXX6B1PROD with BILLS
HR 2868 RFS 
wholesale distribution of farm supplies, such as 
animal feeds, fertilizers, agricultural chemicals, 
pesticides, plant seeds, and plant bulbs. 
‘‘(B) AGRICULTURAL
END-USERS.—The 
term ‘agricultural end-users’ means facilities 
such as— 
‘‘(i) farms, including crop, fruit, nut, 
and vegetable farms; 
‘‘(ii) ranches and rangeland; 
‘‘(iii) poultry, dairy, and equine facili-
ties; 
‘‘(iv) turfgrass growers; 
‘‘(v) golf courses; 
‘‘(vi) nurseries; 
‘‘(vii) floricultural operations; and 
‘‘(viii) public and private parks. 
‘‘(d) SMALL COVERED CHEMICAL FACILITIES.— 
‘‘(1) GUIDANCE FOR SMALL COVERED CHEM-
ICAL FACILITIES.—The Secretary may provide guid-
ance and, as appropriate, tools, methodologies, or 
computer software, to assist small covered chemical 
facilities in complying with the requirements of this 
section. 
‘‘(2) ASSESSMENT OF IMPACTS ON SMALL COV-
ERED CHEMICAL FACILITIES.—Not later than 6 
VerDate Nov 24 2008 
23:44 Nov 09, 2009
Jkt 089200
PO 00000
Frm 00061
Fmt 6652
Sfmt 6201
E:\BILLS\H2868.RFS
H2868
wwoods2 on DSK1DXX6B1PROD with BILLS
HR 2868 RFS 
months after the date of the enactment of this title, 
the Secretary shall transmit to the Committee on 
Energy and Commerce of the House of Representa-
tives, the Committee on Homeland Security of the 
House of Representatives, and the Committee on 
Homeland Security and Governmental Affairs of the 
Senate an assessment of the potential effects on 
small covered chemical facilities of compliance with 
provisions of this section regarding the assessment 
and, as appropriate, implementation, of methods to 
reduce the consequences of a terrorist attack. Such 
assessment shall include— 
‘‘(A) data on the scope of facilities covered 
by this title, including the number and type of 
small covered chemical facilities that are re-
quired to assess methods to reduce the con-
sequences of a terrorist attack under subsection 
(a) and the number and type of small covered 
chemical facilities assigned to tier 1 or tier 2 
under section 2102(c)(1) by the Secretary be-
cause of the potential extent and likelihood of 
death, injury, and serious adverse effects to 
human health, the environment, critical infra-
structure, public health, homeland security, na-
tional security, and the national economy from 
VerDate Nov 24 2008 
23:44 Nov 09, 2009
Jkt 089200
PO 00000
Frm 00062
Fmt 6652
Sfmt 6201
E:\BILLS\H2868.RFS
H2868
wwoods2 on DSK1DXX6B1PROD with BILLS
HR 2868 RFS 
the release of a substance of concern at the fa-
cility; and 
‘‘(B) a discussion of how the Secretary 
plans to apply the requirement that before re-
quiring a small covered chemical facility that is 
required to implement methods to reduce the 
consequences of a terrorist attack under sub-
section (b) the Secretary shall first determine 
that the implementation of such methods at the 
small covered chemical facility not significantly 
and demonstrably impair the ability of the 
owner or operator of the covered chemical facil-
ity to continue the business of the facility at its 
location. 
‘‘(3) DEFINITION.—For purposes of this sub-
section, the term ‘small covered chemical facility’ 
means a covered chemical facility that has fewer 
than 350 employees employed at the covered chem-
ical facility, and is not a branch or subsidiary of an-
other entity. 
‘‘(e) PROVISION OF INFORMATION ON ALTERNATIVE 
APPROACHES.— 
‘‘(1) IN GENERAL.—The Secretary shall make 
available information on the use and availability of 
VerDate Nov 24 2008 
23:44 Nov 09, 2009
Jkt 089200
PO 00000
Frm 00063
Fmt 6652
Sfmt 6201
E:\BILLS\H2868.RFS
H2868
wwoods2 on DSK1DXX6B1PROD with BILLS
HR 2868 RFS 
methods to reduce the consequences of a chemical 
facility terrorist incident. 
‘‘(2) INFORMATION TO BE INCLUDED.—The in-
formation under paragraph (1) may include informa-
tion about— 
‘‘(A) general and specific types of such 
methods; 
‘‘(B) combinations of chemical sources, 
substances of concern, and hazardous processes 
or conditions for which such methods could be 
appropriate; 
‘‘(C) the availability of specific methods to 
reduce the consequences of a terrorist attack; 
‘‘(D) the costs and cost savings resulting 
from the use of such methods; 
‘‘(E) emerging technologies that could be 
transferred from research models or prototypes 
to practical applications; 
‘‘(F) the availability of technical assistance 
and best practices; and 
‘‘(G) such other matters that the Secretary 
determines are appropriate. 
‘‘(3) PUBLIC AVAILABILITY.—Information made 
available under this subsection shall not identify any 
specific chemical facility, violate the protection of in-
VerDate Nov 24 2008 
23:44 Nov 09, 2009
Jkt 089200
PO 00000
Frm 00064
Fmt 6652
Sfmt 6201
E:\BILLS\H2868.RFS
H2868
wwoods2 on DSK1DXX6B1PROD with BILLS
HR 2868 RFS 
formation provisions under section 2110, or disclose 
any proprietary information. 
‘‘(f) FUNDING FOR METHODS TO REDUCE THE CON-
SEQUENCES OF A TERRORIST ATTACK.—The Secretary 
may make funds available to help defray the cost of imple-
menting methods to reduce the consequences of a terrorist 
attack to covered chemical facilities that are required by 
the Secretary to implement such methods. 
‘‘SEC. 2112. APPLICABILITY. 
‘‘This title shall not apply to— 
‘‘(1) any chemical facility that is owned and op-
erated by the Secretary of Defense; 
‘‘(2) the transportation in commerce, including 
incidental storage, of any substance of concern regu-
lated as a hazardous material under chapter 51 of 
title 49, United States Code; 
‘‘(3) all or a specified portion of any chemical 
facility that— 
‘‘(A) is subject to regulation by the Nu-
clear Regulatory Commission (hereinafter in 
this paragraph referred to as the ‘Commission’) 
or a State that has entered into an agreement 
with the Commission under section 274 b. of 
the Atomic Energy Act of 1954 (42 U.S.C. 
2021 b.); 
VerDate Nov 24 2008 
23:44 Nov 09, 2009
Jkt 089200
PO 00000
Frm 00065
Fmt 6652
Sfmt 6201
E:\BILLS\H2868.RFS
H2868
wwoods2 on DSK1DXX6B1PROD with BILLS
HR 2868 RFS 
‘‘(B) has had security controls imposed by 
the Commission or State, whichever has the 
regulatory authority, on the entire facility or 
the specified portion of the facility; and 
‘‘(C) has been designated by the Commis-
sion, after consultation with the State, if any, 
that regulates the facility, and the Secretary, as 
excluded from the application of this title; 
‘‘(4) any public water system subject to the 
Safe Drinking Water Act (42 U.S.C. 300f et seq.); 
or 
‘‘(5) any treatment works, as defined in section 
212 of the Federal Water Pollution Control Act (33 
U.S.C. 1292). 
‘‘SEC. 2113. SAVINGS CLAUSE. 
‘‘(a) IN GENERAL.—Nothing in this title shall affect 
or modify in any way any obligation or liability of any 
person under any other Federal law, including section 112 
of the Clean Air Act (42 U.S.C. 7412), the Federal Water 
Pollution Control Act (33 U.S.C. 1251 et seq.), the Re-
source Conservation and Recovery Act of 1976 (42 U.S.C. 
6901 et seq.), the National Environmental Policy Act of 
1969 (42 U.S.C. 4321 et seq.), the Occupational Safety 
and Health Act (29 U.S.C. 651 et seq.), the National 
Labor Relations Act (29 U.S.C. 151 et seq.), the Emer-
VerDate Nov 24 2008 
23:44 Nov 09, 2009
Jkt 089200
PO 00000
Frm 00066
Fmt 6652
Sfmt 6201
E:\BILLS\H2868.RFS
H2868
wwoods2 on DSK1DXX6B1PROD with BILLS
HR 2868 RFS 
gency Planning and Community Right to Know Act of 
1986 (42 U.S.C. 11001 et seq.), the Safe Drinking Water 
Act (42 U.S.C. 300f et seq.), the Maritime Transportation 
Security Act of 2002 (Public Law 107–295), the Com-
prehensive Environmental Response, Compensation, and 
Liability Act of 1980 (42 U.S.C. 9601 et seq.), the Toxic 
Substances Control Act (15 U.S.C. 2601 et seq.), and the 
Fair Credit Reporting Act (15 U.S.C. 1681 et seq.). 
‘‘(b) OTHER REQUIREMENTS.—Nothing in this title 
shall preclude or deny the right of any State or political 
subdivision thereof to adopt or enforce any regulation, re-
quirement, or standard of performance relating to environ-
mental protection, health, or safety. 
‘‘(c) ACCESS.—Nothing in this title shall abridge or 
deny access to a chemical facility site to any person where 
required or permitted under any other law or regulation. 
‘‘SEC. 2114. OFFICE OF CHEMICAL FACILITY SECURITY. 
‘‘(a) IN GENERAL.—There is established in the De-
partment an Office of Chemical Facility Security, headed 
by a Director, who shall be a member of the Senior Execu-
tive Service in accordance with subchapter VI of chapter 
53 of title 5, United States Code, under section 5382 of 
that title, and who shall be responsible for carrying out 
the responsibilities of the Secretary under this title. 
VerDate Nov 24 2008 
23:44 Nov 09, 2009
Jkt 089200
PO 00000
Frm 00067
Fmt 6652
Sfmt 6201
E:\BILLS\H2868.RFS
H2868
wwoods2 on DSK1DXX6B1PROD with BILLS
HR 2868 RFS 
‘‘(b) PROFESSIONAL QUALIFICATIONS.—The indi-
vidual selected by the Secretary as the Director of the Of-
fice of Chemical Facility Security shall have professional 
qualifications and experience necessary for effectively di-
recting the Office of Chemical Facility Security and car-
rying out the requirements of this title, including a dem-
onstrated knowledge of physical infrastructure protection, 
cybersecurity, chemical facility security, hazard analysis, 
chemical process engineering, chemical process safety re-
views, or other such qualifications that the Secretary de-
termines to be necessary. 
‘‘(c) SELECTION
PROCESS.—The Secretary shall 
make a reasonable effort to select an individual to serve 
as the Director from among a group of candidates that 
is diverse with respect to race, ethnicity, age, gender, and 
disability characteristics and submit to the Committee on 
Homeland Security and the Committee on Energy and 
Commerce of the House of Representatives and the Com-
mittee on Homeland Security and Governmental Affairs 
of the Senate information on the selection process, includ-
ing details on efforts to assure diversity among the can-
didates considered for this position. 
‘‘(d) OUTREACH SUPPORT.— 
‘‘(1) POINT OF CONTACT.—The Secretary shall 
designate a point of contact for the Administrator of 
VerDate Nov 24 2008 
23:44 Nov 09, 2009
Jkt 089200
PO 00000
Frm 00068
Fmt 6652
Sfmt 6201
E:\BILLS\H2868.RFS
H2868
wwoods2 on DSK1DXX6B1PROD with BILLS
HR 2868 RFS 
the Environmental Protection Agency, and the head 
of any other agency designated by the Secretary, 
with respect to the requirements of this title. 
‘‘(2) OUTREACH.—The Secretary shall, as ap-
propriate, and in accordance with this title, inform 
State emergency response commissions appointed 
pursuant to section 301(a) of the Emergency Plan-
ning and Community Right-To-Know Act of 1986 
(42 U.S.C. 11001) and local emergency planning 
committees appointed pursuant to section 301(c) of 
such Act, and any other entity designated by the 
Secretary, of the findings of the Office of Chemical 
Facility Security so that such commissions and com-
mittees may update emergency planning and train-
ing procedures. 
‘‘SEC. 2115. SECURITY BACKGROUND CHECKS OF COVERED 
INDIVIDUALS AT CERTAIN CHEMICAL FACILI-
TIES. 
‘‘(a) REGULATIONS ISSUED BY THE SECRETARY.— 
‘‘(1) IN GENERAL.— 
‘‘(A) REQUIREMENT.—The Secretary shall 
issue regulations to require covered chemical fa-
cilities to establish personnel surety for individ-
uals described in subparagraph (B) by con-
ducting appropriate security background checks 
VerDate Nov 24 2008 
23:44 Nov 09, 2009
Jkt 089200
PO 00000
Frm 00069
Fmt 6652
Sfmt 6201
E:\BILLS\H2868.RFS
H2868
wwoods2 on DSK1DXX6B1PROD with BILLS
HR 2868 RFS 
and 
ensuring 
appropriate 
credentials 
for 
unescorted visitors and chemical facility per-
sonnel, including permanent and part-time per-
sonnel, temporary personnel, and contract per-
sonnel, including— 
‘‘(i) measures designed to verify and 
validate identity; 
‘‘(ii) measures designed to check 
criminal history; 
‘‘(iii) measures designed to verify and 
validate legal authorization to work; and 
‘‘(iv) measures designed to identify 
people with terrorist ties. 
‘‘(B) INDIVIDUALS DESCRIBED.—For pur-
poses of subparagraph (A), an individual de-
scribed in this subparagraph is— 
‘‘(i) a covered individual who has 
unescorted access to restricted areas or 
critical assets or who is provided with a 
copy of a security vulnerability assessment 
or site security plan; 
‘‘(ii) a person associated with a cov-
ered chemical facility, including any des-
ignated employee representative, who is 
VerDate Nov 24 2008 
23:44 Nov 09, 2009
Jkt 089200
PO 00000
Frm 00070
Fmt 6652
Sfmt 6201
E:\BILLS\H2868.RFS
H2868
wwoods2 on DSK1DXX6B1PROD with BILLS
HR 2868 RFS 
provided with a copy of a security vulner-
ability assessment or site security plan; or 
‘‘(iii) a person who is determined by 
the Secretary to require a security back-
ground check based on chemical facility se-
curity performance standards. 
‘‘(2) REGULATIONS.—The regulations required 
by paragraph (1) shall set forth— 
‘‘(A) the scope of the security background 
checks, including the types of disqualifying of-
fenses and the time period covered for each per-
son subject to a security background check 
under paragraph (1); 
‘‘(B) the processes to conduct the security 
background checks; 
‘‘(C) the necessary biographical informa-
tion and other data required in order to con-
duct the security background checks; 
‘‘(D) a redress process for an adversely-af-
fected person consistent with subsections (b) 
and (c); and 
‘‘(E) a prohibition on an owner or operator 
of a covered chemical facility misrepresenting to 
an employee or other relevant person, including 
an arbiter involved in a labor arbitration, the 
VerDate Nov 24 2008 
23:44 Nov 09, 2009
Jkt 089200
PO 00000
Frm 00071
Fmt 6652
Sfmt 6201
E:\BILLS\H2868.RFS
H2868
wwoods2 on DSK1DXX6B1PROD with BILLS
HR 2868 RFS 
scope, application, or meaning of any rules, reg-
ulations, directives, or guidance issued by the 
Secretary related to security background check 
requirements for covered individuals when con-
ducting a security background check. 
‘‘(b) MISREPRESENTATION OF ADVERSE EMPLOY-
MENT DECISIONS.—The regulations required by sub-
section (a)(1) shall set forth that it shall be a misrepresen-
tation under subsection (a)(2)(E) to attribute an adverse 
employment decision, including removal or suspension of 
the employee, to such regulations unless the owner or op-
erator finds, after opportunity for appropriate redress 
under the processes provided under subsection (c)(1) and 
(c)(2), that the person subject to such adverse employment 
decision— 
‘‘(1) has been convicted of, has been found not 
guilty of by reason of insanity, or is under want, 
warrant, or indictment for, a permanent disquali-
fying criminal offense listed in part 1572 of title 49, 
Code of Federal Regulations; 
‘‘(2) was convicted of, or found not guilty of by 
reason of insanity, an interim disqualifying criminal 
offense listed in part 1572 of title 49, Code of Fed-
eral Regulations, within 7 years of the date on which 
VerDate Nov 24 2008 
23:44 Nov 09, 2009
Jkt 089200
PO 00000
Frm 00072
Fmt 6652
Sfmt 6201
E:\BILLS\H2868.RFS
H2868
wwoods2 on DSK1DXX6B1PROD with BILLS
HR 2868 RFS 
the covered chemical facility performs the security 
background check; 
‘‘(3) was incarcerated for an interim disquali-
fying criminal offense listed in part 1572 of title 49, 
Code of Federal Regulations, and released from in-
carceration within 5 years of the date that the chem-
ical facility performs the security background check; 
‘‘(4) is determined by the Secretary to be on 
the consolidated terrorist watchlist; or 
‘‘(5) is determined, as a result of the security 
background check, not to be legally authorized to 
work in the United States. 
‘‘(c) REDRESS PROCESSES.—Upon the issuance of 
regulations under subsection (a), the Secretary shall— 
‘‘(1) require the owner or operator to provide 
an adequate and prompt redress process for a per-
son subject to a security background check under 
subsection (a)(1) who is subjected to an adverse em-
ployment decision, including removal or suspension 
of the employee, due to such regulations that is con-
sistent with the appeals process established for em-
ployees subject to consumer reports under the Fair 
Credit Reporting Act (15 U.S.C. 1681 et seq.), as 
in force on the date of the enactment of this title; 
VerDate Nov 24 2008 
23:44 Nov 09, 2009
Jkt 089200
PO 00000
Frm 00073
Fmt 6652
Sfmt 6201
E:\BILLS\H2868.RFS
H2868
wwoods2 on DSK1DXX6B1PROD with BILLS
HR 2868 RFS 
‘‘(2) provide an adequate and prompt redress 
process for a person subject to a security back-
ground check under subsection (a)(1) who is sub-
jected to an adverse employment decision, including 
removal or suspension of the employee, due to a de-
termination by the Secretary under subsection 
(b)(4), that is consistent with the appeals process es-
tablished under section 70105(c) of title 46, United 
States Code, including all rights to hearings before 
an administrative law judge, scope of review, and a 
review of an unclassified summary of classified evi-
dence equivalent to the summary provided in part 
1515 of title 49, Code of Federal Regulations; 
‘‘(3) provide an adequate and prompt redress 
process for a person subject to a security back-
ground check under subsection (a)(1) who is sub-
jected to an adverse employment decision, including 
removal or suspension of the employee, due to a vio-
lation of subsection (a)(2)(E), which shall not pre-
clude the exercise of any other rights available under 
collective bargaining agreements or applicable laws; 
‘‘(4) establish a reconsideration process de-
scribed in subsection (d) for a person subject to an 
adverse employment decision that was attributed by 
VerDate Nov 24 2008 
23:44 Nov 09, 2009
Jkt 089200
PO 00000
Frm 00074
Fmt 6652
Sfmt 6201
E:\BILLS\H2868.RFS
H2868
wwoods2 on DSK1DXX6B1PROD with BILLS
HR 2868 RFS 
an owner or operator to the regulations required by 
subsection (a)(1); 
‘‘(5) have the authority to order an appropriate 
remedy, including reinstatement of the person sub-
ject to a security background check under subsection 
(a)(1), if the Secretary determines that the adverse 
employment decision was made in violation of the 
regulations required under subsection (a)(1) or as a 
result of an erroneous determination by the Sec-
retary under subsection (b)(4); 
‘‘(6) ensure that the redress processes required 
under paragraphs (1), (2), or (3) afford to the per-
son a full disclosure of any public-record event cov-
ered by subsection (b) that provides the basis for an 
adverse employment decision; and 
‘‘(7) ensure that the person subject to a secu-
rity background check under subsection (a)(1) re-
ceives the person’s full wages and benefits until all 
redress processes under this subsection are ex-
hausted. 
‘‘(d) RECONSIDERATION PROCESS.— 
‘‘(1) IN GENERAL.—The reconsideration proc-
ess required under subsection (c)(4) shall— 
‘‘(A) require the Secretary to determine, 
within 30 days after receiving a petition sub-
VerDate Nov 24 2008 
23:44 Nov 09, 2009
Jkt 089200
PO 00000
Frm 00075
Fmt 6652
Sfmt 6201
E:\BILLS\H2868.RFS
H2868
wwoods2 on DSK1DXX6B1PROD with BILLS
HR 2868 RFS 
mitted by a person subject to an adverse em-
ployment decision that was attributed by an 
owner or operator to the regulations required 
by subsection (a)(1), whether such person poses 
a security risk to the covered chemical facility; 
and 
‘‘(B) include procedures consistent with 
section 70105(c) of title 46, United States 
Code, including all rights to hearings before an 
administrative law judge, scope of review, and 
a review of an unclassified summary of classi-
fied evidence equivalent to the summary pro-
vided in part 1515 of title 49, Code of Federal 
Regulations. 
‘‘(2) DETERMINATION BY THE SECRETARY.—In 
making a determination described under paragraph 
(1)(A), the Secretary shall— 
‘‘(A) 
give 
consideration 
to 
the 
cir-
cumstance of any disqualifying act or offense, 
restitution made by the person, Federal and 
State mitigation remedies, and other factors 
from which it may be concluded that the person 
does not pose a security risk to the covered 
chemical facility; and 
VerDate Nov 24 2008 
23:44 Nov 09, 2009
Jkt 089200
PO 00000
Frm 00076
Fmt 6652
Sfmt 6201
E:\BILLS\H2868.RFS
H2868
wwoods2 on DSK1DXX6B1PROD with BILLS
HR 2868 RFS 
‘‘(B) provide his or her determination as to 
whether such person poses a security risk to the 
covered chemical facility to the petitioner and to 
the owner or operator of the covered chemical 
facility. 
‘‘(3) OWNER
OR
OPERATOR
RECONSIDER-
ATION.—If the Secretary determines pursuant to 
paragraph (1)(A) that the person does not pose a se-
curity risk to the covered chemical facility, it shall 
thereafter constitute a prohibited misrepresentation 
for the owner or operator of the covered chemical fa-
cility to continue to attribute the adverse employ-
ment decision to the regulations under subsection 
(a)(1). 
‘‘(e) RESTRICTIONS ON USE AND MAINTENANCE OF 
INFORMATION.—Information obtained under this section 
by the Secretary or the owner or operator of a covered 
chemical facility shall be handled as follows: 
‘‘(1) Such information may not be made avail-
able to the public. 
‘‘(2) Such information may not be accessed by 
employees of the facility except for such employees 
who are directly involved with collecting the informa-
tion or conducting or evaluating security background 
checks. 
VerDate Nov 24 2008 
23:44 Nov 09, 2009
Jkt 089200
PO 00000
Frm 00077
Fmt 6652
Sfmt 6201
E:\BILLS\H2868.RFS
H2868
wwoods2 on DSK1DXX6B1PROD with BILLS
HR 2868 RFS 
‘‘(3) Such information shall be maintained con-
fidentially by the facility and the Secretary and may 
be used only for making determinations under this 
section. 
‘‘(4) The Secretary may share such information 
with other Federal, State, local, and tribal law en-
forcement agencies. 
‘‘(f) SAVINGS CLAUSE.— 
‘‘(1) RIGHTS AND RESPONSIBILITIES.—Nothing 
in this section shall be construed to abridge any 
right or responsibility of a person subject to a secu-
rity background check under subsection (a)(1) or an 
owner or operator of a covered chemical facility 
under any other Federal, State, local, or tribal law 
or collective bargaining agreement. 
‘‘(2) EXISTING RIGHTS.—Nothing in this sec-
tion shall be construed as creating any new right or 
modifying any existing right of an individual to ap-
peal a determination by the Secretary as a result of 
a check against a terrorist watch list. 
‘‘(g) PREEMPTION.—Nothing in this section shall be 
construed to preempt, alter, or affect a Federal, State, 
local, or tribal law that requires criminal history back-
ground checks, checks on the authorization of an indi-
vidual to work in the United States, or other background 
VerDate Nov 24 2008 
23:44 Nov 09, 2009
Jkt 089200
PO 00000
Frm 00078
Fmt 6652
Sfmt 6201
E:\BILLS\H2868.RFS
H2868
wwoods2 on DSK1DXX6B1PROD with BILLS
HR 2868 RFS 
checks of persons subject to security background checks 
under subsection (a)(1). 
‘‘(h) DEFINITION
OF
SECURITY
BACKGROUND 
CHECK.—The term ‘security background check’ means a 
review at no cost to any person subject to a security back-
ground check under subsection (a)(1) of the following for 
the purpose of identifying individuals who may pose a 
threat to chemical facility security, to national security, 
or of terrorism: 
‘‘(1) Relevant databases to verify and validate 
identity. 
‘‘(2) Relevant criminal history databases. 
‘‘(3) In the case of an alien (as defined in sec-
tion 101 of the Immigration and Nationality Act (8 
U.S.C. 1101(a)(3))), the relevant databases to deter-
mine the status of the alien under the immigration 
laws of the United States. 
‘‘(4) The consolidated terrorist watchlist. 
‘‘(5) Other relevant information or databases, 
as determined by the Secretary. 
‘‘(i) DEPARTMENT-CONDUCTED
SECURITY
BACK-
GROUND
CHECK.—The regulations under subsection 
(a)(1) shall set forth a process by which the Secretary, 
on an ongoing basis, shall determine whether alternate se-
curity background checks conducted by the Secretary are 
VerDate Nov 24 2008 
23:44 Nov 09, 2009
Jkt 089200
PO 00000
Frm 00079
Fmt 6652
Sfmt 6201
E:\BILLS\H2868.RFS
H2868
wwoods2 on DSK1DXX6B1PROD with BILLS
HR 2868 RFS 
sufficient to meet the requirements of this section such 
that no additional security background check under this 
section is required for an individual for whom such a 
qualifying alternate security background check was con-
ducted. The Secretary may require the owner or operator 
of a covered chemical facility to which the individual will 
have unescorted access to sensitive or restricted areas to 
submit identifying information about the individual and 
the alternate security background check conducted for 
that individual to the Secretary in order to enable the Sec-
retary to verify the validity of the alternate security back-
ground check. Such regulations shall provide that no secu-
rity background check under this section is required for 
an individual holding a transportation security card issued 
under section 70105 of title 46, United States Code. 
‘‘(j) TERMINATION OF EMPLOYMENT.—If, as the re-
sult of a security background check, an owner or operator 
of a covered chemical facility finds that a covered indi-
vidual is not legally authorized to work in the United 
States, the owner or operator shall cease to employ the 
covered individual, subject to the appropriate redress proc-
esses available to such individual under this section. 
VerDate Nov 24 2008 
23:44 Nov 09, 2009
Jkt 089200
PO 00000
Frm 00080
Fmt 6652
Sfmt 6201
E:\BILLS\H2868.RFS
H2868
wwoods2 on DSK1DXX6B1PROD with BILLS
HR 2868 RFS 
‘‘SEC. 2116. CITIZEN ENFORCEMENT. 
‘‘(a) IN GENERAL.—Except as provided in subsection 
(c), any person may commence a civil action on such per-
son’s own behalf— 
‘‘(1) against any governmental entity (including 
the United States and any other governmental in-
strumentality or agency, to the extent permitted by 
the eleventh amendment to the Constitution, and 
any federally owned-contractor operated facility) al-
leged to be in violation of any order that has become 
effective pursuant to this title; or 
‘‘(2) against the Secretary, for an alleged fail-
ure to perform any act or duty under this title that 
is not discretionary for the Secretary. 
‘‘(b) COURT OF JURISDICTION.— 
‘‘(1) IN
GENERAL.—Any action under sub-
section (a)(1) shall be brought in the district court 
for the district in which the alleged violation oc-
curred. Any action brought under subsection (a)(2) 
may be brought in the district court for the district 
in which the alleged violation occurred or in the 
United States District Court for the District of Co-
lumbia. 
‘‘(2) RELIEF.—The district court shall have ju-
risdiction, without regard to the amount in con-
troversy or the citizenship of the parties to enforce 
VerDate Nov 24 2008 
23:44 Nov 09, 2009
Jkt 089200
PO 00000
Frm 00081
Fmt 6652
Sfmt 6201
E:\BILLS\H2868.RFS
H2868
wwoods2 on DSK1DXX6B1PROD with BILLS
HR 2868 RFS 
the order referred to in subsection (a)(1), to order 
such governmental entity to take such action as may 
be necessary, or both, or, in an action commenced 
under subsection (a)(2), to order the Secretary to 
perform the non-discretionary act or duty, and to 
order any civil penalties, as appropriate, under sec-
tion 2107. 
‘‘(c) ACTIONS PROHIBITED.—No action may be com-
menced under subsection (a) prior to 60 days after the 
date on which the person commencing the action has given 
notice of the alleged violation to— 
‘‘(1) the Secretary; and 
‘‘(2) in the case of an action under subsection 
(a)(1), any governmental entity alleged to be in vio-
lation of an order. 
‘‘(d) NOTICE.—Notice under this section shall be 
given in such manner as the Secretary shall prescribe by 
regulation. 
‘‘(e) INTERVENTION.—In any action under this sec-
tion, the Secretary, if not a party, may intervene as a mat-
ter of right. 
‘‘(f) COSTS; BOND.—The court, in issuing any final 
order in any action brought pursuant to this section, may 
award costs of litigation (including reasonable attorney 
and expert witness fees) to the prevailing or substantially 
VerDate Nov 24 2008 
23:44 Nov 09, 2009
Jkt 089200
PO 00000
Frm 00082
Fmt 6652
Sfmt 6201
E:\BILLS\H2868.RFS
H2868
wwoods2 on DSK1DXX6B1PROD with BILLS
HR 2868 RFS 
prevailing party, whenever the court determines such an 
award is appropriate. The court may, if a temporary re-
straining order or preliminary injunction is sought, require 
the filing of a bond or equivalent security in accordance 
with the Federal Rules of Civil Procedure. 
‘‘(g) OTHER RIGHTS PRESERVED.—Nothing in this 
section shall restrict any right which any person (or class 
of persons) may have under any statute or common law. 
‘‘SEC. 2117. CITIZEN PETITIONS. 
‘‘(a) REGULATIONS.—The Secretary shall issue regu-
lations to establish a citizen petition process for petitions 
described in subsection (b). Such regulations shall in-
clude— 
‘‘(1) the format for such petitions; 
‘‘(2) the procedure for investigation of petitions; 
‘‘(3) the procedure for response to such peti-
tions, including timelines; 
‘‘(4) the procedure for referral to and review by 
the Office of the Inspector General of the Depart-
ment without deference to the Secretary’s deter-
mination with respect to the petition; and 
‘‘(5) the procedure for rejection or acceptance 
by the Secretary of the recommendation of the Of-
fice of the Inspector General. 
VerDate Nov 24 2008 
23:44 Nov 09, 2009
Jkt 089200
PO 00000
Frm 00083
Fmt 6652
Sfmt 6201
E:\BILLS\H2868.RFS
H2868
wwoods2 on DSK1DXX6B1PROD with BILLS
HR 2868 RFS 
‘‘(b) PETITIONS.—The regulations issued pursuant to 
subsection (a) shall allow any person to file a petition with 
the Secretary— 
‘‘(1) identifying any person (including the 
United States and any other governmental instru-
mentality or agency, to the extent permitted by the 
eleventh amendment to the Constitution) alleged to 
be in violation of any standard, regulation, condi-
tion, requirement, prohibition, plan, or order that 
has become effective under this title; and 
‘‘(2) describing the alleged violation of any 
standard, regulation, condition, requirement, prohi-
bition, plan, or order that has become effective 
under this title by that person. 
‘‘(c) REQUIREMENTS.—Upon issuance of regulations 
under subsection (a), the Secretary shall— 
‘‘(1) accept all petitions described under sub-
section (b) that meet the requirements of the regula-
tions promulgated under subsection (a); 
‘‘(2) investigate all allegations contained in ac-
cepted petitions; 
‘‘(3) determine whether enforcement action will 
be taken concerning the alleged violation or viola-
tions; 
VerDate Nov 24 2008 
23:44 Nov 09, 2009
Jkt 089200
PO 00000
Frm 00084
Fmt 6652
Sfmt 6201
E:\BILLS\H2868.RFS
H2868
wwoods2 on DSK1DXX6B1PROD with BILLS
HR 2868 RFS 
‘‘(4) respond to all accepted petitions promptly 
and in writing; 
‘‘(5) include in all responses to petitions a brief 
and concise statement, to the extent permitted under 
section 2110, of the allegations, the steps taken to 
investigate, the determination made, and the reasons 
for such determination; 
‘‘(6) maintain an internal record including all 
protected information related to the determination; 
‘‘(7) with respect to any petition for which the 
Secretary has not made a timely response or the 
Secretary’s response is unsatisfactory to the peti-
tioner, provide the petitioner with the opportunity to 
request— 
‘‘(A) a review of the full record by the In-
spector General of the Department, including a 
review of protected information; and 
‘‘(B) the formulation of recommendations 
by the Inspector General and submittal of such 
recommendations to the Secretary and, to the 
extent permitted under section 2110, to the pe-
titioner; and 
‘‘(8) respond to a recommendation submitted by 
the Inspector General under paragraph (7) by adopt-
ing or rejecting the recommendation. 
VerDate Nov 24 2008 
23:44 Nov 09, 2009
Jkt 089200
PO 00000
Frm 00085
Fmt 6652
Sfmt 6201
E:\BILLS\H2868.RFS
H2868
wwoods2 on DSK1DXX6B1PROD with BILLS
HR 2868 RFS 
‘‘SEC. 2118. NOTIFICATION SYSTEM TO ADDRESS PUBLIC 
CONCERNS. 
‘‘(a) ESTABLISHMENT.—The Secretary shall estab-
lish a notification system, which shall provide any indi-
vidual the ability to report a suspected security deficiency 
or suspected non-compliance with this title. Such notifica-
tion system shall provide for the ability to report the sus-
pected security deficiency or non-compliance via telephonic 
and Internet-based means. 
‘‘(b) ACKNOWLEDGMENT.—When the Secretary re-
ceives a report through the notification system established 
under subsection (a), the Secretary shall respond to such 
report in a timely manner, but in no case shall the Sec-
retary respond to such a report later than 30 days after 
receipt of the report. 
‘‘(c) STEPS TO ADDRESS PROBLEMS.—The Secretary 
shall review each report received through the notification 
system established under subsection (a) and shall, as nec-
essary, take appropriate enforcement action under section 
2107. 
‘‘(d) FEEDBACK REQUIRED.—Upon request, the Sec-
retary shall provide the individual who reported the sus-
pected security deficiency or non-compliance through the 
notification system established under subsection (a) a 
written response that includes the Secretary’s findings 
with respect to the report submitted by the individual and 
VerDate Nov 24 2008 
23:44 Nov 09, 2009
Jkt 089200
PO 00000
Frm 00086
Fmt 6652
Sfmt 6201
E:\BILLS\H2868.RFS
H2868
wwoods2 on DSK1DXX6B1PROD with BILLS
HR 2868 RFS 
what, if any, compliance action was taken in response to 
such report. 
‘‘(e) INSPECTOR GENERAL REPORT REQUIRED.— 
The Inspector General of the Department shall submit to 
the Committee on Homeland Security and the Committee 
on Energy and Commerce of the House of Representatives 
and the Committee on Homeland Security and Govern-
mental Affairs of the Senate an annual report on the re-
ports received under the notification system established 
under subsection (a) and the Secretary’s disposition of 
such reports. 
‘‘SEC. 2119. ANNUAL REPORT TO CONGRESS. 
‘‘(a) ANNUAL REPORT.—Not later than one year 
after the date of the enactment of this title, annually 
thereafter for the next four years, and biennially there-
after, the Secretary shall submit to the Committee on 
Homeland Security and the Committee on Energy and 
Commerce of the House of Representatives and the Com-
mittee on Homeland Security and Governmental Affairs 
of the Senate a report on progress in achieving compliance 
with this title. Each such report shall include the fol-
lowing: 
‘‘(1) A qualitative discussion of how covered 
chemical facilities, differentiated by tier, have re-
VerDate Nov 24 2008 
23:44 Nov 09, 2009
Jkt 089200
PO 00000
Frm 00087
Fmt 6652
Sfmt 6201
E:\BILLS\H2868.RFS
H2868
wwoods2 on DSK1DXX6B1PROD with BILLS
HR 2868 RFS 
duced the risks of chemical facility terrorist inci-
dents at such facilities, including— 
‘‘(A) a generalized summary of measures 
implemented by covered chemical facilities in 
order to meet each risk-based chemical facility 
performance standard established by this title, 
and those that the facilities already had in 
place— 
‘‘(i) in the case of the first report 
under this section, before the issuance of 
the final rule implementing the regulations 
known as the ‘Chemical Facility Anti-Ter-
rorism Standards’, issued on April 9, 
2007; and 
‘‘(ii) in the case of each subsequent 
report, since the submittal of the most re-
cent report submitted under this section; 
and 
‘‘(B) any other generalized summary the 
Secretary deems appropriate to describe the 
measures covered chemical facilities are imple-
menting to comply with the requirements of 
this title. 
‘‘(2) A quantitative summary of how the cov-
ered chemical facilities, differentiated by tier, are 
VerDate Nov 24 2008 
23:44 Nov 09, 2009
Jkt 089200
PO 00000
Frm 00088
Fmt 6652
Sfmt 6201
E:\BILLS\H2868.RFS
H2868
wwoods2 on DSK1DXX6B1PROD with BILLS
HR 2868 RFS 
complying with the requirements of this title during 
the period covered by the report and how the Sec-
retary is implementing and enforcing such require-
ments during such period, including— 
‘‘(A) the number of chemical facilities that 
provided the Secretary with information about 
possessing substances of concern, as described 
in section 2102(b)(2); 
‘‘(B) the number of covered chemical facili-
ties assigned to each tier; 
‘‘(C) the number of security vulnerability 
assessments and site security plans submitted 
by covered chemical facilities; 
‘‘(D) the number of security vulnerability 
assessments and site security plans approved 
and disapproved by the Secretary; 
‘‘(E) the number of covered chemical facili-
ties without approved security vulnerability as-
sessments or site security plans; 
‘‘(F) the number of chemical facilities that 
have been assigned to a different tier or are no 
longer regulated by the Secretary due to imple-
mentation of a method to reduce the con-
sequences of a terrorist attack and a descrip-
tion of such implemented methods; 
VerDate Nov 24 2008 
23:44 Nov 09, 2009
Jkt 089200
PO 00000
Frm 00089
Fmt 6652
Sfmt 6201
E:\BILLS\H2868.RFS
H2868
wwoods2 on DSK1DXX6B1PROD with BILLS
HR 2868 RFS 
‘‘(G) the number of orders for compliance 
issued by the Secretary; 
‘‘(H) the administrative penalties assessed 
by the Secretary for non-compliance with the 
requirements of this title; 
‘‘(I) the civil penalties assessed by the 
court for non-compliance with the requirements 
of this title; 
‘‘(J) the number of terrorist watchlist 
checks conducted by the Secretary in order to 
comply with the requirements of this title, the 
number of appeals conducted by the Secretary 
pursuant to the processes described under para-
graphs (2), (3) and (4) of section 2115(c), ag-
gregate information regarding the time taken 
for such appeals, aggregate information regard-
ing the manner in which such appeals were re-
solved, and, based on information provided to 
the Secretary annually by each owner or oper-
ator of a covered chemical facility, the number 
of persons subjected to adverse employment de-
cisions that were attributed by the owner or op-
erator to the regulations required by section 
2115; and 
VerDate Nov 24 2008 
23:44 Nov 09, 2009
Jkt 089200
PO 00000
Frm 00090
Fmt 6652
Sfmt 6201
E:\BILLS\H2868.RFS
H2868
wwoods2 on DSK1DXX6B1PROD with BILLS
HR 2868 RFS 
of a terrorist attack, of which up to $3,000,000 shall 
be made available for grants authorized under sec-
tion 2111(c)(1).’’. 
(b) CLERICAL AMENDMENT.—The table of contents 
in section 1(b) of such Act is amended by adding at the 
end the following: 
‘‘TITLE XXI—REGULATION OF SECURITY PRACTICES AT 
CHEMICAL FACILITIES 
‘‘Sec. 2101. Definitions. 
‘‘Sec. 2102. Risk-based designation and ranking of chemical facilities. 
‘‘Sec. 2103. Security vulnerability assessments and site security plans. 
‘‘Sec. 2104. Site inspections. 
‘‘Sec. 2105. Records. 
‘‘Sec. 2106. Timely sharing of threat information. 
‘‘Sec. 2107. Enforcement. 
‘‘Sec. 2108. Whistleblower protections. 
‘‘Sec. 2109. Federal preemption. 
‘‘Sec. 2110. Protection of information. 
‘‘Sec. 2111. Methods to reduce the consequences of a terrorist attack. 
‘‘Sec. 2112. Applicability. 
‘‘Sec. 2113. Savings clause. 
‘‘Sec. 2114. Office of Chemical Facility Security. 
‘‘Sec. 2115. Security background checks of covered individuals at certain chem-
ical facilities. 
‘‘Sec. 2116. Citizen enforcement. 
‘‘Sec. 2117. Citizen petitions. 
‘‘Sec. 2118. Notification system to address public concerns. 
‘‘Sec. 2119. Annual report to Congress. 
‘‘Sec. 2120. Authorization of appropriations.’’. 
(c) CONFORMING REPEAL.— 
(1) REPEAL.—The Department of Homeland 
Security Appropriations Act, 2007 (Public Law 
109–295) is amended by striking section 550. 
(2) EFFECTIVE DATE.—The amendment made 
by paragraph (1) shall take effect on the date of the 
enactment of this title. 
(d) REGULATIONS.— 
VerDate Nov 24 2008 
23:44 Nov 09, 2009
Jkt 089200
PO 00000
Frm 00092
Fmt 6652
Sfmt 6201
E:\BILLS\H2868.RFS
H2868
wwoods2 on DSK1DXX6B1PROD with BILLS
HR 2868 RFS 
(1) DEADLINE.—The Secretary shall issue pro-
posed rules to carry out title XXI of the Homeland 
Security Act of 2002, as added by subsection (a), by 
not later than 6 months after the date of the enact-
ment of this Act, and shall issue final rules to carry 
out such title by not later than 18 months after the 
date of the enactment of this Act. 
(2) CONSULTATION.—In developing and imple-
menting the rules required under paragraph (1), the 
Secretary shall consult with the Administrator of the 
Environmental Protection Agency, and other per-
sons, as appropriate, regarding— 
(A) the designation of substances of con-
cern; 
(B) methods to reduce the consequences of 
a terrorist attack; 
(C) security at drinking water facilities 
and wastewater treatment works; 
(D) the treatment of protected informa-
tion; and 
(E) such other matters as the Secretary 
determines necessary. 
(3) SENSE OF CONGRESS REGARDING CFATS.— 
It is the sense of Congress that the Secretary of 
Homeland Security was granted statutory authority 
VerDate Nov 24 2008 
23:44 Nov 09, 2009
Jkt 089200
PO 00000
Frm 00093
Fmt 6652
Sfmt 6201
E:\BILLS\H2868.RFS
H2868
wwoods2 on DSK1DXX6B1PROD with BILLS
HR 2868 RFS 
under section 550 of the Department of Homeland 
Security Appropriations Act (Public Law 109–295) 
to regulate security practices at chemical facilities 
until October 1, 2009. Pursuant to that section the 
Secretary prescribed regulations known as the 
Chemical Facility Anti-Terrorism Standards, or 
‘‘CFATS’’ (referred to in this section as ‘‘CFATS 
regulations’’). 
(4) 
INTERIM
USE
AND
AMENDMENT
OF 
CFATS.—Until the final rules prescribed pursuant to 
paragraph (1) take effect, in carrying out title XXI 
of the Homeland Security Act of 2002, as added by 
subsection (a), the Secretary may, to the extent the 
Secretary determines appropriate— 
(A) continue to carry out the CFATS reg-
ulations, as in effect immediately before the 
date of the enactment of this title; 
(B) amend any of such regulations as may 
be necessary to ensure that such regulations are 
consistent with the requirements of this title 
and the amendments made by this title; and 
(C) continue using any tools developed for 
purposes of such regulations, including the list 
of substances of concern, usually referred to as 
‘‘Appendix A’’, and the chemical security as-
VerDate Nov 24 2008 
23:44 Nov 09, 2009
Jkt 089200
PO 00000
Frm 00094
Fmt 6652
Sfmt 6201
E:\BILLS\H2868.RFS
H2868
wwoods2 on DSK1DXX6B1PROD with BILLS
HR 2868 RFS 
sessment tool (which includes facility registra-
tion, a top-screen questionnaire, a security vul-
nerability assessment tool, a site security plan 
template, and a chemical vulnerability informa-
tion repository). 
(5) UPDATE OF FACILITY PLANS ASSESSMENTS 
AND PLANS PREPARED UNDER CFATS.—The owner 
or operator of a covered chemical facility, who, be-
fore the effective date of the final regulations issued 
under title XXI of the Homeland Security Act of 
2002, as added by subsection (a), submits a security 
vulnerability assessment or site security plan under 
the CFATS regulations, shall be required to update 
or amend the facility’s security vulnerability assess-
ment and site security plan to reflect any additional 
requirements of this title or the amendments made 
by this title, according to a timeline established by 
the Secretary. 
(e) 
REVIEW
OF
DESIGNATION
OF
SODIUM 
FLUOROACETATE AS A SUBSTANCE OF CONCERN.—The 
Secretary of Homeland Security shall review the designa-
tion of sodium fluoroacetate as a substance of concern 
pursuant to subsection (d) of section 2102 of the Home-
land Security Act of 2002, as added by subsection (a), 
by the earlier of the following dates: 
VerDate Nov 24 2008 
23:44 Nov 09, 2009
Jkt 089200
PO 00000
Frm 00095
Fmt 6652
Sfmt 6201
E:\BILLS\H2868.RFS
H2868
wwoods2 on DSK1DXX6B1PROD with BILLS
HR 2868 RFS 
(1) The date of the first periodic review con-
ducted pursuant to such subsection after the date of 
the enactment of this title. 
(2) The date that is one year after the date of 
the enactment of this title. 
TITLE II—DRINKING WATER 
SECURITY 
SEC. 201. SHORT TITLE. 
This title may be cited as the ‘‘Drinking Water Sys-
tem Security Act of 2009’’. 
SEC. 202. INTENTIONAL ACTS AFFECTING THE SECURITY 
OF COVERED WATER SYSTEMS. 
(a) AMENDMENT OF SAFE DRINKING WATER ACT.— 
Section 1433 of the Safe Drinking Water Act (42 U.S.C. 
300i–2) is amended to read as follows: 
‘‘SEC. 1433. INTENTIONAL ACTS. 
‘‘(a) RISK-BASED PERFORMANCE STANDARDS; VUL-
NERABILITY
ASSESSMENTS; SITE
SECURITY
PLANS; 
EMERGENCY RESPONSE PLANS.— 
‘‘(1) IN
GENERAL.—The Administrator shall 
issue regulations— 
‘‘(A) establishing risk-based performance 
standards for the security of covered water sys-
tems; and 
VerDate Nov 24 2008 
23:44 Nov 09, 2009
Jkt 089200
PO 00000
Frm 00096
Fmt 6652
Sfmt 6201
E:\BILLS\H2868.RFS
H2868
wwoods2 on DSK1DXX6B1PROD with BILLS
HR 2868 RFS 
‘‘(B) establishing requirements and dead-
lines for each covered water system— 
‘‘(i) to conduct a vulnerability assess-
ment or, if the system already has a vul-
nerability assessment, to revise the assess-
ment to be in accordance with this section, 
and submit such assessment to the Admin-
istrator; 
‘‘(ii) to update and resubmit the vul-
nerability assessment not less than every 5 
years and promptly after any change at 
the system that could cause the reassign-
ment of the system to a different risk- 
based tier under subsection (d); 
‘‘(iii) to develop, implement, and, as 
appropriate, revise a site security plan not 
less than every 5 years and promptly after 
a revision to the vulnerability assessment 
and submit such plan to the Adminis-
trator; 
‘‘(iv) to develop an emergency re-
sponse plan or, if the system has already 
developed an emergency response plan, to 
revise the plan to be in accordance with 
VerDate Nov 24 2008 
23:44 Nov 09, 2009
Jkt 089200
PO 00000
Frm 00097
Fmt 6652
Sfmt 6201
E:\BILLS\H2868.RFS
H2868
wwoods2 on DSK1DXX6B1PROD with BILLS
HR 2868 RFS 
this section, and revise the plan not less 
than every 5 years thereafter; and 
‘‘(v) to provide annual training to em-
ployees and contractor employees of cov-
ered water systems on implementing site 
security plans and emergency response 
plans. 
‘‘(2) COVERED WATER SYSTEMS.—For purposes 
of this section, the term ‘covered water system’ 
means a public water system that— 
‘‘(A) is a community water system serving 
a population greater than 3,300; or 
‘‘(B) in the discretion of the Adminis-
trator, presents a security risk making regula-
tion under this section appropriate. 
‘‘(3) CONSULTATION
WITH
STATE
AUTHORI-
TIES.—In developing and carrying out the regula-
tions under paragraph (1), the Administrator shall 
consult with States exercising primary enforcement 
responsibility for public water systems. 
‘‘(4) CONSULTATION WITH OTHER PERSONS.— 
In developing and carrying out the regulations under 
paragraph (1), the Administrator shall consult with 
the Secretary of Homeland Security, and, as appro-
priate, other persons regarding— 
VerDate Nov 24 2008 
23:44 Nov 09, 2009
Jkt 089200
PO 00000
Frm 00098
Fmt 6652
Sfmt 6201
E:\BILLS\H2868.RFS
H2868
wwoods2 on DSK1DXX6B1PROD with BILLS
HR 2868 RFS 
‘‘(A) provision of threat-related and other 
baseline information to covered water systems; 
‘‘(B) designation of substances of concern; 
‘‘(C) development of risk-based perform-
ance standards; 
‘‘(D) establishment of risk-based tiers and 
process for the assignment of covered water 
systems to risk-based tiers; 
‘‘(E) process for the development and eval-
uation of vulnerability assessments, site security 
plans, and emergency response plans; 
‘‘(F) treatment of protected information; 
and 
‘‘(G) such other matters as the Adminis-
trator determines necessary. 
‘‘(5) SUBSTANCES OF CONCERN.—For purposes 
of this section, the Administrator, in consultation 
with the Secretary of Homeland Security— 
‘‘(A) may designate any chemical sub-
stance as a substance of concern; 
‘‘(B) at the time any substance is des-
ignated pursuant to subparagraph (A), shall es-
tablish by rule a threshold quantity for the re-
lease or theft of the substance, taking into ac-
count 
the 
toxicity, 
reactivity, 
volatility, 
VerDate Nov 24 2008 
23:44 Nov 09, 2009
Jkt 089200
PO 00000
Frm 00099
Fmt 6652
Sfmt 6201
E:\BILLS\H2868.RFS
H2868
wwoods2 on DSK1DXX6B1PROD with BILLS
100 
HR 2868 RFS 
dispersability, combustibility, and flammability 
of the substance and the amount of the sub-
stance that, as a result of a release, is known 
to cause or may be reasonably anticipated to 
cause death, injury, or serious adverse effects to 
human health or the environment; and 
‘‘(C) in making such a designation, shall 
take into account appendix A to part 27 of title 
6, Code of Federal Regulations (or any suc-
cessor regulations). 
‘‘(6) BASELINE INFORMATION.—The Adminis-
trator, after consultation with appropriate depart-
ments and agencies of the Federal Government and 
with State, local, and tribal governments, shall, for 
purposes of facilitating compliance with the require-
ments of this section, promptly after the effective 
date of the regulations under subsection (a)(1) and 
as appropriate thereafter, provide baseline informa-
tion to covered water systems regarding which kinds 
of intentional acts are the probable threats to— 
‘‘(A) substantially disrupt the ability of the 
system to provide a safe and reliable supply of 
drinking water; 
‘‘(B) cause the release of a substance of 
concern at the covered water system; or 
VerDate Nov 24 2008 
23:44 Nov 09, 2009
Jkt 089200
PO 00000
Frm 00100
Fmt 6652
Sfmt 6201
E:\BILLS\H2868.RFS
H2868
wwoods2 on DSK1DXX6B1PROD with BILLS
101 
HR 2868 RFS 
‘‘(C) cause the theft, misuse, or misappro-
priation of a substance of concern. 
‘‘(b) RISK-BASED PERFORMANCE STANDARDS.—The 
regulations under subsection (a)(1) shall set forth risk- 
based performance standards for site security plans re-
quired by this section. The standards shall be separate 
and, as appropriate, increasingly stringent based on the 
level of risk associated with the covered water system’s 
risk-based tier assignment under subsection (d). In devel-
oping such standards, the Administrator shall take into 
account section 27.230 of title 6, Code of Federal Regula-
tions (or any successor regulations). 
‘‘(c) VULNERABILITY
ASSESSMENT.—The regula-
tions under subsection (a)(1) shall require each covered 
water system to assess the system’s vulnerability to a 
range of intentional acts, including an intentional act that 
results in a release of a substance of concern that is known 
to cause or may be reasonably anticipated to cause death, 
injury, or serious adverse effects to human health or the 
environment. At a minimum, the vulnerability assessment 
shall include a review of— 
‘‘(1) pipes and constructed conveyances; 
‘‘(2) physical barriers; 
VerDate Nov 24 2008 
23:44 Nov 09, 2009
Jkt 089200
PO 00000
Frm 00101
Fmt 6652
Sfmt 6201
E:\BILLS\H2868.RFS
H2868
wwoods2 on DSK1DXX6B1PROD with BILLS
102 
HR 2868 RFS 
‘‘(3) water collection, pretreatment, treatment, 
storage, and distribution facilities, including fire hy-
drants; 
‘‘(4) electronic, computer, and other automated 
systems that are used by the covered water system; 
‘‘(5) the use, storage, or handling of various 
chemicals, including substances of concern; 
‘‘(6) the operation and maintenance of the cov-
ered water system; and 
‘‘(7) the covered water system’s resiliency and 
ability to ensure continuity of operations in the 
event of a disruption caused by an intentional act. 
‘‘(d) RISK-BASED TIERS.—The regulations under 
subsection (a)(1) shall provide for 4 risk-based tiers appli-
cable to covered water systems, with tier one representing 
the highest degree of security risk. 
‘‘(1) ASSIGNMENT OF RISK-BASED TIERS.— 
‘‘(A) SUBMISSION OF INFORMATION.—The 
Administrator may require a covered water sys-
tem to submit information in order to deter-
mine the appropriate risk-based tier for the cov-
ered water system. 
‘‘(B) FACTORS
TO
CONSIDER.—The Ad-
ministrator shall assign (and reassign when ap-
propriate) each covered water system to one of 
VerDate Nov 24 2008 
23:44 Nov 09, 2009
Jkt 089200
PO 00000
Frm 00102
Fmt 6652
Sfmt 6201
E:\BILLS\H2868.RFS
H2868
wwoods2 on DSK1DXX6B1PROD with BILLS
103 
HR 2868 RFS 
the risk-based tiers established pursuant to this 
subsection. In assigning a covered water system 
to a risk-based tier, the Administrator shall 
consider the potential consequences (such as 
death, injury, or serious adverse effects to 
human health, the environment, critical infra-
structure, national security, and the national 
economy) from— 
‘‘(i) an intentional act to cause a re-
lease, including a worst-case release, of a 
substance of concern at the covered water 
system; 
‘‘(ii) an intentional act to introduce a 
contaminant into the drinking water sup-
ply or disrupt the safe and reliable supply 
of drinking water; and 
‘‘(iii) an intentional act to steal, mis-
appropriate, or misuse substances of con-
cern. 
‘‘(2) EXPLANATION FOR RISK-BASED TIER AS-
SIGNMENT.—The Administrator shall provide each 
covered water system assigned to a risk-based tier 
with the reasons for the tier assignment and whether 
such system is required to submit an assessment 
under subsection (g)(2). 
VerDate Nov 24 2008 
23:44 Nov 09, 2009
Jkt 089200
PO 00000
Frm 00103
Fmt 6652
Sfmt 6201
E:\BILLS\H2868.RFS
H2868
wwoods2 on DSK1DXX6B1PROD with BILLS
104 
HR 2868 RFS 
‘‘(e) DEVELOPMENT AND IMPLEMENTATION OF SITE 
SECURITY PLANS.—The regulations under subsection 
(a)(1) shall permit each covered water system, in devel-
oping and implementing its site security plan required by 
this section, to select layered security and preparedness 
measures that, in combination, appropriately— 
‘‘(1) address the security risks identified in its 
vulnerability assessment; and 
‘‘(2) comply with the applicable risk-based per-
formance standards required under this section. 
‘‘(f) ROLE OF EMPLOYEES.— 
‘‘(1) DESCRIPTION
OF
ROLE.—Site security 
plans and emergency response plans required under 
this section shall describe the appropriate roles or 
responsibilities that employees and contractor em-
ployees are expected to perform to deter or respond 
to the intentional acts described in subsection 
(d)(1)(B). 
‘‘(2) TRAINING
FOR
EMPLOYEES.—Each cov-
ered water system shall annually provide employees 
and contractor employees with roles or responsibil-
ities described in paragraph (1) with a minimum of 
8 hours of training on carrying out those roles or re-
sponsibilities. 
VerDate Nov 24 2008 
23:44 Nov 09, 2009
Jkt 089200
PO 00000
Frm 00104
Fmt 6652
Sfmt 6201
E:\BILLS\H2868.RFS
H2868
wwoods2 on DSK1DXX6B1PROD with BILLS
105 
HR 2868 RFS 
‘‘(3) EMPLOYEE
PARTICIPATION.—In devel-
oping, revising, or updating a vulnerability assess-
ment, site security plan, and emergency response 
plan required under this section, a covered water 
system shall include— 
‘‘(A) at least one supervisory and at least 
one non-supervisory employee of the covered 
water system; and 
‘‘(B) at least one representative of each 
certified or recognized bargaining agent rep-
resenting facility employees or contractor em-
ployees with roles or responsibilities described 
in paragraph (1), if any, in a collective bar-
gaining relationship with the private or public 
owner or operator of the system or with a con-
tractor to that system.
‘‘(g) METHODS TO REDUCE THE CONSEQUENCES OF 
A CHEMICAL RELEASE FROM AN INTENTIONAL ACT.— 
‘‘(1) DEFINITION.—In this section, the term 
‘method to reduce the consequences of a chemical re-
lease from an intentional act’ means a measure at 
a covered water system that reduces or eliminates 
the potential consequences of a release of a sub-
stance of concern from an intentional act such as— 
VerDate Nov 24 2008 
23:44 Nov 09, 2009
Jkt 089200
PO 00000
Frm 00105
Fmt 6652
Sfmt 6201
E:\BILLS\H2868.RFS
H2868
wwoods2 on DSK1DXX6B1PROD with BILLS
106 
HR 2868 RFS 
‘‘(A) the elimination or reduction in the 
amount of a substance of concern possessed or 
planned to be possessed by a covered water sys-
tem through the use of alternate substances, 
formulations, or processes; 
‘‘(B) the modification of pressures, tem-
peratures, or concentrations of a substance of 
concern; and 
‘‘(C) the reduction or elimination of onsite 
handling of a substance of concern through im-
provement of inventory control or chemical use 
efficiency. 
‘‘(2) ASSESSMENT.—For each covered water 
system that possesses or plans to possess a sub-
stance of concern in excess of the release threshold 
quantity set by the Administrator under subsection 
(a)(5), the regulations under subsection (a)(1) shall 
require the covered water system to include in its 
site security plan an assessment of methods to re-
duce the consequences of a chemical release from an 
intentional act at the covered water system. The cov-
ered water system shall provide such assessment to 
the Administrator and the State exercising primary 
enforcement responsibility for the covered water sys-
tem, if any. The regulations under subsection (a)(1) 
VerDate Nov 24 2008 
23:44 Nov 09, 2009
Jkt 089200
PO 00000
Frm 00106
Fmt 6652
Sfmt 6201
E:\BILLS\H2868.RFS
H2868
wwoods2 on DSK1DXX6B1PROD with BILLS
107 
HR 2868 RFS 
shall require the system, in preparing the assess-
ment, to consider factors appropriate to the system’s 
security, public health, or environmental mission, 
and include— 
‘‘(A) a description of the methods to re-
duce the consequences of a chemical release 
from an intentional act; 
‘‘(B) how each described method to reduce 
the consequences of a chemical release from an 
intentional act could, if applied, reduce the po-
tential extent of death, injury, or serious ad-
verse effects to human health resulting from a 
chemical release; 
‘‘(C) how each described method to reduce 
the consequences of a chemical release from an 
intentional act could, if applied, affect the pres-
ence of contaminants in treated water, human 
health, or the environment; 
‘‘(D) whether each described method to re-
duce the consequences of a chemical release 
from an intentional act at the covered water 
system is feasible, as defined in section 
1412(b)(4)(D), but not including cost calcula-
tions under subparagraph (E); 
VerDate Nov 24 2008 
23:44 Nov 09, 2009
Jkt 089200
PO 00000
Frm 00107
Fmt 6652
Sfmt 6201
E:\BILLS\H2868.RFS
H2868
wwoods2 on DSK1DXX6B1PROD with BILLS
108 
HR 2868 RFS 
‘‘(E) the costs (including capital and oper-
ational costs) and avoided costs (including sav-
ings and liabilities) associated with applying 
each described method to reduce the con-
sequences of a chemical release from an inten-
tional act at the covered water system; 
‘‘(F) any other relevant information that 
the covered water system relied on in con-
ducting the assessment; and 
‘‘(G) a statement of whether the covered 
water system has implemented or plans to im-
plement one or more methods to reduce the 
consequences of a chemical release from an in-
tentional act, a description of any such meth-
ods, and, in the case of a covered water system 
described in paragraph (3)(A), an explanation 
of the reasons for any decision not to imple-
ment any such methods. 
‘‘(3) REQUIRED METHODS.— 
‘‘(A) APPLICATION.—This paragraph ap-
plies to a covered water system— 
‘‘(i) that is assigned to one of the two 
highest risk-based tiers under subsection 
(d); and 
VerDate Nov 24 2008 
23:44 Nov 09, 2009
Jkt 089200
PO 00000
Frm 00108
Fmt 6652
Sfmt 6201
E:\BILLS\H2868.RFS
H2868
wwoods2 on DSK1DXX6B1PROD with BILLS
109 
HR 2868 RFS 
‘‘(ii) that possesses or plans to possess 
a substance of concern in excess of the re-
lease threshold quantity set by the Admin-
istrator under subsection (a)(5). 
‘‘(B) HIGHEST-RISK SYSTEMS.—If, on the 
basis of its assessment under paragraph (2), a 
covered water system described in subparagraph 
(A) decides not to implement methods to reduce 
the consequences of a chemical release from an 
intentional act, the State exercising primary en-
forcement responsibility for the covered water 
system, if the system is located in such a State, 
or the Administrator, if the covered water sys-
tem is not located in such a State, shall, in ac-
cordance with a timeline set by the Adminis-
trator— 
‘‘(i) determine whether to require the 
covered water system to implement the 
methods; and 
‘‘(ii) for States exercising primary en-
forcement responsibility, report such deter-
mination to the Administrator. 
‘‘(C) STATE OR ADMINISTRATOR’S CONSID-
ERATIONS.—Before requiring, pursuant to sub-
paragraph (B), the implementation of a method 
VerDate Nov 24 2008 
23:44 Nov 09, 2009
Jkt 089200
PO 00000
Frm 00109
Fmt 6652
Sfmt 6201
E:\BILLS\H2868.RFS
H2868
wwoods2 on DSK1DXX6B1PROD with BILLS
110 
HR 2868 RFS 
to reduce the consequences of a chemical re-
lease from an intentional act, the State exer-
cising primary enforcement responsibility for 
the covered water system, if the system is lo-
cated in such a State, or the Administrator, if 
the covered water system is not located in such 
a State, shall consider factors appropriate to 
the security, public health, and environmental 
missions of covered water systems, including an 
examination of whether the method— 
‘‘(i) would significantly reduce the 
risk of death, injury, or serious adverse ef-
fects to human health resulting directly 
from a chemical release from an inten-
tional act at the covered water system; 
‘‘(ii) would not increase the interim 
storage of a substance of concern by the 
covered water system; 
‘‘(iii) would not render the covered 
water system unable to comply with other 
requirements of this Act or drinking water 
standards established by the State or polit-
ical subdivision in which the system is lo-
cated; and 
VerDate Nov 24 2008 
23:44 Nov 09, 2009
Jkt 089200
PO 00000
Frm 00110
Fmt 6652
Sfmt 6201
E:\BILLS\H2868.RFS
H2868
wwoods2 on DSK1DXX6B1PROD with BILLS
111 
HR 2868 RFS 
‘‘(iv) is feasible, as defined in section 
1412(b)(4)(D), to be incorporated into the 
operation of the covered water system. 
‘‘(D) APPEAL.—Before requiring, pursuant 
to subparagraph (B), the implementation of a 
method to reduce the consequences of a chem-
ical release from an intentional act, the State 
exercising primary enforcement responsibility 
for the covered water system, if the system is 
located in such a State, or the Administrator, 
if the covered water system is not located in 
such a State, shall provide such covered water 
system an opportunity to appeal the determina-
tion to require such implementation made pur-
suant to subparagraph (B) by such State or the 
Administrator. 
‘‘(4) INCOMPLETE OR LATE ASSESSMENTS.— 
‘‘(A) INCOMPLETE ASSESSMENTS.—If the 
Administrator finds that the covered water sys-
tem, in conducting its assessment under para-
graph (2), did not meet the requirements of 
paragraph (2) and the applicable regulations, 
the Administrator shall, after notifying the cov-
ered water system and the State exercising pri-
mary enforcement responsibility for that sys-
VerDate Nov 24 2008 
23:44 Nov 09, 2009
Jkt 089200
PO 00000
Frm 00111
Fmt 6652
Sfmt 6201
E:\BILLS\H2868.RFS
H2868
wwoods2 on DSK1DXX6B1PROD with BILLS
112 
HR 2868 RFS 
tem, if any, require the covered water system to 
submit a revised assessment not later than 60 
days after the Administrator notifies such sys-
tem. The Administrator may require such addi-
tional revisions as are necessary to ensure that 
the system meets the requirements of para-
graph (2) and the applicable regulations. 
‘‘(B) LATE ASSESSMENTS.—If the Admin-
istrator finds that a covered water system, in 
conducting its assessment pursuant to para-
graph (2), did not complete such assessment in 
accordance with the deadline set by the Admin-
istrator, the Administrator may, after notifying 
the covered water system and the State exer-
cising primary enforcement responsibility for 
that system, if any, take appropriate enforce-
ment action under subsection (o). 
‘‘(C) REVIEW.—The State exercising pri-
mary enforcement responsibility for the covered 
water system, if the system is located in such 
a State, or the Administrator, if the system is 
not located in such a State, shall review a re-
vised assessment that meets the requirements 
of paragraph (2) and applicable regulations to 
determine whether the covered water system 
VerDate Nov 24 2008 
23:44 Nov 09, 2009
Jkt 089200
PO 00000
Frm 00112
Fmt 6652
Sfmt 6201
E:\BILLS\H2868.RFS
H2868
wwoods2 on DSK1DXX6B1PROD with BILLS
113 
HR 2868 RFS 
will be required to implement methods to reduce 
the consequences of an intentional act pursuant 
to paragraph (3). 
‘‘(5) ENFORCEMENT.— 
‘‘(A) FAILURE BY STATE TO MAKE DETER-
MINATION.—Whenever the Administrator finds 
that a State exercising primary enforcement re-
sponsibility for a covered water system has 
failed to determine whether to require the cov-
ered water system to implement methods to re-
duce the consequences of a chemical release 
from an intentional act, as required by para-
graph (3)(B), the Administrator shall so notify 
the State and covered water system. If, beyond 
the thirtieth day after the Administrator’s noti-
fication under the preceding sentence, the State 
has failed to make the determination described 
in such sentence, the Administrator shall so no-
tify the State and covered water system and 
shall determine whether to require the covered 
water system to implement methods to reduce 
the consequences of a chemical release from an 
intentional act based on the factors described in 
paragraph (3)(C). 
VerDate Nov 24 2008 
23:44 Nov 09, 2009
Jkt 089200
PO 00000
Frm 00113
Fmt 6652
Sfmt 6201
E:\BILLS\H2868.RFS
H2868
wwoods2 on DSK1DXX6B1PROD with BILLS
114 
HR 2868 RFS 
‘‘(B) FAILURE BY STATE TO BRING EN-
FORCEMENT
ACTION.—If the Administrator 
finds, with respect to a period in which a State 
has primary enforcement responsibility for a 
covered water system, that the system has 
failed to implement methods to reduce the con-
sequences of a chemical release from an inten-
tional act (as required by the State or the Ad-
ministrator under paragraph (3)(B) or the Ad-
ministrator under subparagraph (A)), the Ad-
ministrator shall so notify the State and the 
covered water system. If, beyond the thirtieth 
day after the Administrator’s notification under 
the preceding sentence, the State has not com-
menced appropriate enforcement action, the Ad-
ministrator shall so notify the State and may 
take appropriate enforcement action under sub-
section (o), to require implementation of such 
methods. 
‘‘(C) CONSIDERATION OF CONTINUED PRI-
MARY ENFORCEMENT RESPONSIBILITY.—For a 
State with primary enforcement responsibility 
for a covered water system, the Administrator 
may consider the failure of such State to make 
a determination as described under subpara-
VerDate Nov 24 2008 
23:44 Nov 09, 2009
Jkt 089200
PO 00000
Frm 00114
Fmt 6652
Sfmt 6201
E:\BILLS\H2868.RFS
H2868
wwoods2 on DSK1DXX6B1PROD with BILLS
115 
HR 2868 RFS 
graph (A) or to bring enforcement action as de-
scribed under subparagraph (B) when deter-
mining whether a State may retain primary en-
forcement responsibility under this Act. 
‘‘(6) GUIDANCE FOR COVERED WATER SYSTEMS 
ASSIGNED
TO
TIER
AND
TIER
4.—For covered 
water systems required to conduct an assessment 
under paragraph (2) and assigned by the Adminis-
trator to tier 3 or tier 4 under subsection (d), the 
Administrator shall issue guidance and, as appro-
priate, provide or recommend tools, methodologies, 
or computer software, to assist such covered water 
systems in complying with the requirements of this 
section. 
‘‘(h) REVIEW BY ADMINISTRATOR.— 
‘‘(1) IN GENERAL.—The regulations under sub-
section (a)(1) shall require each covered water sys-
tem to submit its vulnerability assessment and site 
security plan to the Administrator for review accord-
ing to deadlines set by the Administrator. The Ad-
ministrator shall review each vulnerability assess-
ment and site security plan submitted under this 
section and— 
‘‘(A) if the assessment or plan has any sig-
nificant deficiency described in paragraph (2), 
VerDate Nov 24 2008 
23:44 Nov 09, 2009
Jkt 089200
PO 00000
Frm 00115
Fmt 6652
Sfmt 6201
E:\BILLS\H2868.RFS
H2868
wwoods2 on DSK1DXX6B1PROD with BILLS
116 
HR 2868 RFS 
require the covered water system to correct the 
deficiency; or 
‘‘(B) approve such assessment or plan. 
‘‘(2) SIGNIFICANT
DEFICIENCIES.—A vulner-
ability assessment or site security plan of a covered 
water system has a significant deficiency under this 
subsection if the Administrator, in consultation, as 
appropriate, with the State exercising primary en-
forcement responsibility for such system, if any, de-
termines that— 
‘‘(A) such assessment does not comply with 
the regulations established under section (a)(1); 
or 
‘‘(B) such plan— 
‘‘(i) fails to address vulnerabilities 
identified in a vulnerability assessment; or 
‘‘(ii) fails to meet applicable risk- 
based performance standards.
‘‘(3) STATE, REGIONAL, OR
LOCAL
GOVERN-
MENTAL ENTITIES.—No covered water system shall 
be required under State, local, or tribal law to pro-
vide a vulnerability assessment or site security plan 
described in this section to any State, regional, local, 
or tribal governmental entity solely by reason of the 
requirement set forth in paragraph (1) that the sys-
VerDate Nov 24 2008 
23:44 Nov 09, 2009
Jkt 089200
PO 00000
Frm 00116
Fmt 6652
Sfmt 6201
E:\BILLS\H2868.RFS
H2868
wwoods2 on DSK1DXX6B1PROD with BILLS
117 
HR 2868 RFS 
tem submit such an assessment and plan to the Ad-
ministrator. 
‘‘(i) EMERGENCY RESPONSE PLAN.— 
‘‘(1) IN GENERAL.—Each covered water system 
shall prepare or revise, as appropriate, an emergency 
response plan that incorporates the results of the 
system’s most current vulnerability assessment and 
site security plan. 
‘‘(2) CERTIFICATION.—Each covered water sys-
tem shall certify to the Administrator that the sys-
tem has completed an emergency response plan. The 
system shall submit such certification to the Admin-
istrator not later than 6 months after the system’s 
first completion or revision of a vulnerability assess-
ment under this section and shall submit an addi-
tional certification following any update of the emer-
gency response plan. 
‘‘(3) CONTENTS.—A covered water system’s 
emergency response plan shall include— 
‘‘(A) plans, procedures, and identification 
of equipment that can be implemented or used 
in the event of an intentional act at the covered 
water system; and 
‘‘(B) actions, procedures, and identification 
of equipment that can obviate or significantly 
VerDate Nov 24 2008 
23:44 Nov 09, 2009
Jkt 089200
PO 00000
Frm 00117
Fmt 6652
Sfmt 6201
E:\BILLS\H2868.RFS
H2868
wwoods2 on DSK1DXX6B1PROD with BILLS
118 
HR 2868 RFS 
lessen the impact of intentional acts on public 
health and the safety and supply of drinking 
water provided to communities and individuals. 
‘‘(4) COORDINATION.—As part of its emergency 
response plan, each covered water system shall pro-
vide appropriate information to any local emergency 
planning committee, local law enforcement officials, 
and local emergency response providers to ensure an 
effective, collective response. 
‘‘(j) MAINTENANCE
OF RECORDS.—Each covered 
water system shall maintain an updated copy of its vulner-
ability assessment, site security plan, and emergency re-
sponse plan. 
‘‘(k) AUDIT; INSPECTION.— 
‘‘(1) IN
GENERAL.—Notwithstanding section 
1445(b)(2), the Administrator, or duly designated 
representatives of the Administrator, shall audit and 
inspect covered water systems, as necessary, for pur-
poses of determining compliance with this section. 
‘‘(2) ACCESS.—In conducting an audit or in-
spection of a covered water system, the Adminis-
trator or duly designated representatives of the Ad-
ministrator, as appropriate, shall have access to the 
owners, operators, employees and contractor employ-
VerDate Nov 24 2008 
23:44 Nov 09, 2009
Jkt 089200
PO 00000
Frm 00118
Fmt 6652
Sfmt 6201
E:\BILLS\H2868.RFS
H2868
wwoods2 on DSK1DXX6B1PROD with BILLS
119 
HR 2868 RFS 
ees, and employee representatives, if any, of such 
covered water system. 
‘‘(3) CONFIDENTIAL
COMMUNICATION
OF
IN-
FORMATION; AIDING
INSPECTIONS.—The Adminis-
trator, or a duly designated representative of the 
Administrator, shall offer non-supervisory employees 
of a covered water system the opportunity confiden-
tially to communicate information relevant to the 
employer’s compliance or noncompliance with this 
section, including compliance or noncompliance with 
any regulation or requirement adopted by the Ad-
ministrator in furtherance of the purposes of this 
section. A representative of each certified or recog-
nized bargaining agent described in subsection 
(f)(3)(B), if any, or, if none, a non-supervisory em-
ployee, shall be given an opportunity to accompany 
the Administrator, or the duly designated represent-
ative of the Administrator, during the physical in-
spection of any covered water system for the purpose 
of aiding such inspection, if representatives of the 
covered water system will also be accompanying the 
Administrator or the duly designated representative 
of the Administrator on such inspection. 
‘‘(l) PROTECTION OF INFORMATION.— 
VerDate Nov 24 2008 
23:44 Nov 09, 2009
Jkt 089200
PO 00000
Frm 00119
Fmt 6652
Sfmt 6201
E:\BILLS\H2868.RFS
H2868
wwoods2 on DSK1DXX6B1PROD with BILLS
120 
HR 2868 RFS 
‘‘(1) PROHIBITION OF PUBLIC DISCLOSURE OF 
PROTECTED
INFORMATION.—Protected information 
shall— 
‘‘(A) be exempt from disclosure under sec-
tion 552 of title 5, United States Code; and 
‘‘(B) not be made available pursuant to 
any State, local, or tribal law requiring disclo-
sure of information or records. 
‘‘(2) INFORMATION SHARING.— 
‘‘(A) IN
GENERAL.—The Administrator 
shall prescribe such regulations, and may issue 
such orders, as necessary to prohibit the unau-
thorized disclosure of protected information. 
‘‘(B) SHARING OF PROTECTED INFORMA-
TION.—The regulations under subparagraph 
(A) shall provide standards for and facilitate 
the appropriate sharing of protected informa-
tion with and between Federal, State, local, and 
tribal authorities, first responders, law enforce-
ment officials, designated supervisory and non- 
supervisory covered water system personnel 
with security, operational, or fiduciary responsi-
bility for the system, and designated facility 
employee representatives, if any. Such stand-
ards shall include procedures for the sharing of 
VerDate Nov 24 2008 
23:44 Nov 09, 2009
Jkt 089200
PO 00000
Frm 00120
Fmt 6652
Sfmt 6201
E:\BILLS\H2868.RFS
H2868
wwoods2 on DSK1DXX6B1PROD with BILLS
121 
HR 2868 RFS 
all portions of a covered water system’s vulner-
ability assessment and site security plan relat-
ing to the roles and responsibilities of system 
employees or contractor employees under sub-
section (f)(1) with a representative of each cer-
tified or recognized bargaining agent rep-
resenting such employees, if any, or, if none, 
with at least one supervisory and at least one 
non-supervisory employee with roles and re-
sponsibilities under subsection (f)(1). 
‘‘(C) PENALTIES.—Protected information 
shall not be shared except in accordance with 
the standards provided by the regulations under 
subparagraph (A). Whoever discloses protected 
information in knowing violation of the regula-
tions and orders issued under subparagraph (A) 
shall be fined under title 18, United States 
Code, imprisoned for not more than one year, 
or both, and, in the case of a Federal office-
holder or employee, shall be removed from Fed-
eral office or employment. 
‘‘(3) TREATMENT OF INFORMATION IN ADJU-
DICATIVE PROCEEDINGS.—In any judicial or admin-
istrative proceeding, protected information shall be 
treated in a manner consistent with the treatment of 
VerDate Nov 24 2008 
23:44 Nov 09, 2009
Jkt 089200
PO 00000
Frm 00121
Fmt 6652
Sfmt 6201
E:\BILLS\H2868.RFS
H2868
wwoods2 on DSK1DXX6B1PROD with BILLS
122 
HR 2868 RFS 
Sensitive Security Information under section 525 of 
the Department of Homeland Security Appropria-
tions Act, 2007 (Public Law 109–295; 120 Stat. 
1381). 
‘‘(4) OTHER OBLIGATIONS UNAFFECTED.—Ex-
cept as provided in subsection (h)(3), nothing in this 
section amends or affects an obligation of a covered 
water system— 
‘‘(A) to submit or make available informa-
tion to system employees, employee organiza-
tions, or a Federal, State, tribal, or local gov-
ernment agency under any other provision of 
law; or 
‘‘(B) to comply with any other provision of 
law. 
‘‘(5) CONGRESSIONAL OVERSIGHT.—Nothing in 
this section permits or authorizes the withholding of 
information from Congress or any committee or sub-
committee thereof. 
‘‘(6) DISCLOSURE
OF
INDEPENDENTLY
FUR-
NISHED
INFORMATION.—Nothing in this section 
amends or affects any authority or obligation of a 
Federal, State, local, or tribal agency to protect or 
disclose any record or information that the Federal, 
State, local, or tribal agency obtains from a covered 
VerDate Nov 24 2008 
23:44 Nov 09, 2009
Jkt 089200
PO 00000
Frm 00122
Fmt 6652
Sfmt 6201
E:\BILLS\H2868.RFS
H2868
wwoods2 on DSK1DXX6B1PROD with BILLS
123 
HR 2868 RFS 
water system or the Administrator under any other 
provision of law. 
‘‘(7) PROTECTED INFORMATION.— 
‘‘(A) IN GENERAL.—For purposes of this 
section, the term ‘protected information’ means 
any of the following: 
‘‘(i) Vulnerability assessments and 
site security plans under this section, in-
cluding any assessment developed pursuant 
to subsection (g)(2). 
‘‘(ii) Documents directly related to the 
Administrator’s review of assessments and 
plans described in clause (i) and, as appli-
cable, the State’s review of an assessment 
prepared under subsection (g)(2). 
‘‘(iii) Documents directly related to 
inspections and audits under this section. 
‘‘(iv) Orders, notices, or letters re-
garding the compliance of a covered water 
system with the requirements of this sec-
tion. 
‘‘(v) 
Information, 
documents, 
or 
records required to be provided to or cre-
ated by, the Administrator under sub-
section (d). 
VerDate Nov 24 2008 
23:44 Nov 09, 2009
Jkt 089200
PO 00000
Frm 00123
Fmt 6652
Sfmt 6201
E:\BILLS\H2868.RFS
H2868
wwoods2 on DSK1DXX6B1PROD with BILLS
124 
HR 2868 RFS 
‘‘(vi) Documents directly related to se-
curity drills and training exercises, security 
threats and breaches of security, and 
maintenance, calibration, and testing of se-
curity equipment. 
‘‘(vii) Other information, documents, 
and records developed exclusively for the 
purposes of this section that the Adminis-
trator has determined by regulation would 
be detrimental to the security of one or 
more covered water systems if disclosed. 
‘‘(B) 
DETRIMENT
REQUIREMENT.—For 
purposes of clauses (ii), (iii), (iv), (v), and (vi) 
of subparagraph (A), the only portions of docu-
ments, records, orders, notices, and letters that 
shall be considered protected information are 
those portions that— 
‘‘(i) the Secretary has determined by 
regulation would be detrimental to the se-
curity of one or more covered water sys-
tems if disclosed; and 
‘‘(ii) are developed by the Adminis-
trator, the State, or the covered water sys-
tem for the purposes of this section. 
VerDate Nov 24 2008 
23:44 Nov 09, 2009
Jkt 089200
PO 00000
Frm 00124
Fmt 6652
Sfmt 6201
E:\BILLS\H2868.RFS
H2868
wwoods2 on DSK1DXX6B1PROD with BILLS
125 
HR 2868 RFS 
‘‘(C) EXCLUSIONS.—Notwithstanding sub-
paragraphs (A) and (B), the term ‘protected in-
formation’ does not include— 
‘‘(i) information, other than a security 
vulnerability assessment or site security 
plan, that the Administrator has deter-
mined by regulation to be— 
‘‘(I) appropriate to describe sys-
tem compliance with the requirements 
of this title and the Administrator’s 
implementation of such requirements; 
and 
‘‘(II) not detrimental to the secu-
rity of one or more covered water sys-
tems if disclosed; or 
‘‘(ii) information, whether or not also 
contained in a security vulnerability assess-
ment, site security plan, or in a document, 
record, order, notice, or letter, or portion 
thereof, described in any of clauses (ii) 
through (vii) of subparagraph (A) that is 
obtained from another source with respect 
to which the Administrator has not made 
a determination under either subparagraph 
(A)(vii) or (B), including— 
VerDate Nov 24 2008 
23:44 Nov 09, 2009
Jkt 089200
PO 00000
Frm 00125
Fmt 6652
Sfmt 6201
E:\BILLS\H2868.RFS
H2868
wwoods2 on DSK1DXX6B1PROD with BILLS
126 
HR 2868 RFS 
‘‘(I) information that is required 
to be made publicly available under 
any other provision of law; and 
‘‘(II) information that a covered 
water system has lawfully disclosed 
other than in a submission to the Ad-
ministrator pursuant to a requirement 
of this title. 
‘‘(m) RELATION TO CHEMICAL FACILITY SECURITY 
REQUIREMENTS.—Title XXI of the Homeland Security 
Act of 2002 and title I of the Chemical and Water Secu-
rity Act of 2009 shall not apply to any public water system 
subject to this Act. 
‘‘(n) PREEMPTION.—This section does not preclude 
or deny the right of any State or political subdivision 
thereof to adopt or enforce any regulation, requirement, 
or standard of performance with respect to a covered 
water system that is more stringent than a regulation, re-
quirement, or standard of performance under this section. 
‘‘(o) VIOLATIONS.— 
‘‘(1) IN
GENERAL.—A covered water system 
that violates any requirement of this section, includ-
ing by not implementing all or part of its site secu-
rity plan by such date as the Administrator requires, 
shall be liable for a civil penalty of not more than 
VerDate Nov 24 2008 
23:44 Nov 09, 2009
Jkt 089200
PO 00000
Frm 00126
Fmt 6652
Sfmt 6201
E:\BILLS\H2868.RFS
H2868
wwoods2 on DSK1DXX6B1PROD with BILLS
127 
HR 2868 RFS 
$25,000 for each day on which
the violation oc-
curs. 
‘‘(2) PROCEDURE.—When the Administrator 
determines that a covered water system is subject to 
a civil penalty under paragraph (1), the Adminis-
trator, after consultation with the State, for covered 
water systems located in a State exercising primary 
responsibility for the covered water system, and, 
after considering the severity of the violation or defi-
ciency and the record of the covered water system in 
carrying out the requirements of this section, may— 
‘‘(A) after notice and an opportunity for 
the covered water system to be heard, issue an 
order assessing a penalty under such paragraph 
for any past or current violation, requiring com-
pliance immediately or within a specified time 
period; or 
‘‘(B) commence a civil action in the United 
States district court in the district in which the 
violation occurred for appropriate relief, includ-
ing temporary or permanent injunction. 
‘‘(3) 
METHODS
TO
REDUCE
THE
CON-
SEQUENCES OF A CHEMICAL RELEASE FROM AN IN-
TENTIONAL ACT.—Except as provided in subsections 
(g)(4) and (g)(5), if a covered water system is lo-
VerDate Nov 24 2008 
23:44 Nov 09, 2009
Jkt 089200
PO 00000
Frm 00127
Fmt 6652
Sfmt 6201
E:\BILLS\H2868.RFS
H2868
wwoods2 on DSK1DXX6B1PROD with BILLS
128 
HR 2868 RFS 
cated in a State exercising primary enforcement re-
sponsibility for the system, the Administrator may 
not issue an order or commence a civil action under 
this section for any deficiency in the content or im-
plementation of the portion of the system’s site secu-
rity plan relating to methods to reduce the con-
sequences of a chemical release from an intentional 
act (as defined in subsection (g)(1)). 
‘‘(p) REPORT TO CONGRESS.— 
‘‘(1) PERIODIC
REPORT.—Not later than 3 
years after the effective date of the regulations 
under subsection (a)(1), and every 3 years there-
after, the Administrator shall transmit to the Com-
mittee on Energy and Commerce of the House of 
Representatives and the Committee on Environment 
and Public Works of the Senate a report on progress 
in achieving compliance with this section. Each such 
report shall include, at a minimum, the following: 
‘‘(A) A generalized summary of measures 
implemented by covered water systems in order 
to meet each risk-based performance standard 
established by this section. 
‘‘(B) A summary of how the covered water 
systems, differentiated by risk-based tier as-
signment, are complying with the requirements 
VerDate Nov 24 2008 
23:44 Nov 09, 2009
Jkt 089200
PO 00000
Frm 00128
Fmt 6652
Sfmt 6201
E:\BILLS\H2868.RFS
H2868
wwoods2 on DSK1DXX6B1PROD with BILLS
129 
HR 2868 RFS 
of this section during the period covered by the 
report and how the Administrator is imple-
menting and enforcing such requirements dur-
ing such period including— 
‘‘(i) the number of public water sys-
tems that provided the Administrator with 
information pursuant to subsection (d)(1); 
‘‘(ii) the number of covered water sys-
tems assigned to each risk-based tier; 
‘‘(iii) the number of vulnerability as-
sessments and site security plans sub-
mitted by covered water systems; 
‘‘(iv) the number of vulnerability as-
sessments and site security plans approved 
and disapproved by the Administrator; 
‘‘(v) the number of covered water sys-
tems without approved vulnerability assess-
ments or site security plans; 
‘‘(vi) the number of covered water sys-
tems that have been assigned to a different 
risk-based tier due to implementation of a 
method to reduce the consequences of a 
chemical release from an intentional act 
and a description of the types of such im-
plemented methods; 
VerDate Nov 24 2008 
23:44 Nov 09, 2009
Jkt 089200
PO 00000
Frm 00129
Fmt 6652
Sfmt 6201
E:\BILLS\H2868.RFS
H2868
wwoods2 on DSK1DXX6B1PROD with BILLS
130 
HR 2868 RFS 
‘‘(vii) the number of audits and in-
spections conducted by the Administrator 
or duly designated representatives of the 
Administrator; 
‘‘(viii) the number of orders for com-
pliance issued by the Administrator; 
‘‘(ix) the administrative penalties as-
sessed by the Administrator for non-com-
pliance with the requirements of this sec-
tion; 
‘‘(x) the civil penalties assessed by 
courts for non-compliance with the require-
ments of this section; and 
‘‘(xi) any other regulatory data the 
Administrator determines appropriate to 
describe covered water system compliance 
with the requirements of this section and 
the Administrator’s implementation of 
such requirements. 
‘‘(2) PUBLIC
AVAILABILITY.—A report sub-
mitted under this section shall be made publicly 
available. 
‘‘(q) GRANT PROGRAMS.— 
‘‘(1) IMPLEMENTATION GRANTS TO STATES.— 
The Administrator may award grants to, or enter 
VerDate Nov 24 2008 
23:44 Nov 09, 2009
Jkt 089200
PO 00000
Frm 00130
Fmt 6652
Sfmt 6201
E:\BILLS\H2868.RFS
H2868
wwoods2 on DSK1DXX6B1PROD with BILLS
131 
HR 2868 RFS 
into cooperative agreements with, States, based on 
an allocation formula established by the Adminis-
trator, to assist the States in implementing this sec-
tion. 
‘‘(2) RESEARCH, TRAINING, AND
TECHNICAL 
ASSISTANCE
GRANTS.—The 
Administrator 
may 
award grants to, or enter into cooperative agree-
ments with, non-profit organizations to provide re-
search, training, and technical assistance to covered 
water systems to assist them in carrying out their 
responsibilities under this section. 
‘‘(3) PREPARATION GRANTS.— 
‘‘(A) GRANTS.—The Administrator may 
award grants to, or enter into cooperative 
agreements with, covered water systems to as-
sist such systems in— 
‘‘(i) preparing and updating vulner-
ability assessments, site security plans, and 
emergency response plans; 
‘‘(ii) 
assessing 
and 
implementing 
methods to reduce the consequences of a 
release of a substance of concern from an 
intentional act; and 
VerDate Nov 24 2008 
23:44 Nov 09, 2009
Jkt 089200
PO 00000
Frm 00131
Fmt 6652
Sfmt 6201
E:\BILLS\H2868.RFS
H2868
wwoods2 on DSK1DXX6B1PROD with BILLS
132 
HR 2868 RFS 
‘‘(iii) implementing any other security 
reviews and enhancements necessary to 
comply with this section. 
‘‘(B) PRIORITY.— 
‘‘(i) NEED.—The Administrator, in 
awarding grants or entering into coopera-
tive agreements for purposes described in 
subparagraph (A)(i), shall give priority to 
covered water systems that have the great-
est need. 
‘‘(ii) SECURITY RISK.—The Adminis-
trator, in awarding grants or entering into 
cooperative agreements for purposes de-
scribed in subparagraph (A)(ii), shall give 
priority to covered water systems that pose 
the greatest security risk. 
‘‘(4) WORKER TRAINING GRANTS PROGRAM AU-
THORITY.— 
‘‘(A) IN
GENERAL.—The Administrator 
shall establish a grant program to award grants 
to eligible entities to provide for training and 
education of employees and contractor employ-
ees with roles or responsibilities described in 
subsection (f)(1) and first responders and emer-
VerDate Nov 24 2008 
23:44 Nov 09, 2009
Jkt 089200
PO 00000
Frm 00132
Fmt 6652
Sfmt 6201
E:\BILLS\H2868.RFS
H2868
wwoods2 on DSK1DXX6B1PROD with BILLS
133 
HR 2868 RFS 
gency response providers who would respond to 
an intentional act at a covered water system. 
‘‘(B) 
ADMINISTRATION.—The 
Adminis-
trator shall enter into an agreement with the 
National Institute of Environmental Health 
Sciences to make and administer grants under 
this paragraph. 
‘‘(C) USE OF FUNDS.—The recipient of a 
grant under this paragraph shall use the grant 
to provide for— 
‘‘(i) training and education of employ-
ees and contractor employees with roles or 
responsibilities described in subsection 
(f)(1), including the annual mandatory 
training specified in subsection (f)(2) or 
training for first responders in protecting 
nearby persons, property, or the environ-
ment from the effects of a release of a sub-
stance of concern at the covered water sys-
tem, with priority given to covered water 
systems assigned to tier one or tier two 
under subsection (d); and 
‘‘(ii) appropriate training for first re-
sponders and emergency response pro-
VerDate Nov 24 2008 
23:44 Nov 09, 2009
Jkt 089200
PO 00000
Frm 00133
Fmt 6652
Sfmt 6201
E:\BILLS\H2868.RFS
H2868
wwoods2 on DSK1DXX6B1PROD with BILLS
134 
HR 2868 RFS 
viders who would respond to an intentional 
act at a covered water system. 
‘‘(D) ELIGIBLE ENTITIES.—For purposes 
of this paragraph, an eligible entity is a non-
profit organization with demonstrated experi-
ence in implementing and operating successful 
worker or first responder health and safety or 
security training programs. 
‘‘(r) AUTHORIZATION OF APPROPRIATIONS.— 
‘‘(1) IN GENERAL.—To carry out this section, 
there are authorized to be appropriated— 
‘‘(A) $315,000,000 for fiscal year 2011, of 
which up to— 
‘‘(i) $30,000,000 may be used for ad-
ministrative costs incurred by the Adminis-
trator or the States, as appropriate; and 
‘‘(ii) $125,000,000 may be used to 
implement methods to reduce the con-
sequences of a chemical release from an in-
tentional act at covered water systems with 
priority given to covered water systems as-
signed to tier one or tier two under sub-
section (d); and 
‘‘(B) such sums as may be necessary for 
fiscal years 2012 through 2015. 
VerDate Nov 24 2008 
23:44 Nov 09, 2009
Jkt 089200
PO 00000
Frm 00134
Fmt 6652
Sfmt 6201
E:\BILLS\H2868.RFS
H2868
wwoods2 on DSK1DXX6B1PROD with BILLS
135 
HR 2868 RFS 
‘‘(2) 
SECURITY
ENHANCEMENTS.—Funding 
under this subsection for basic security enhance-
ments shall not include expenditures for personnel 
costs or monitoring, operation, or maintenance of fa-
cilities, equipment, or systems.’’. 
(b) REGULATIONS; TRANSITION.— 
(1) REGULATIONS.—Not later than 2 years 
after the date of the enactment of this title, the Ad-
ministrator of the Environmental Protection Agency 
shall promulgate final regulations to carry out sec-
tion 1433 of the Safe Drinking Water Act, as 
amended by subsection (a). 
(2) EFFECTIVE DATE.—Until the effective date 
of the regulations promulgated under paragraph (1), 
section 1433 of the Safe Drinking Water Act, as in 
effect on the day before the date of the enactment 
of this title, shall continue to apply. 
(3) SAVINGS PROVISION.—Nothing in this sec-
tion or the amendment made by this section shall af-
fect the application of section 1433 of the Safe 
Drinking Water Act, as in effect before the effective 
date of the regulations promulgated under para-
graph (1), to any violation of such section 1433 oc-
curring before such effective date, and the require-
ments of such section 1433 shall remain in force and 
VerDate Nov 24 2008 
23:44 Nov 09, 2009
Jkt 089200
PO 00000
Frm 00135
Fmt 6652
Sfmt 6201
E:\BILLS\H2868.RFS
H2868
wwoods2 on DSK1DXX6B1PROD with BILLS
136 
HR 2868 RFS 
effect with respect to such violation until the viola-
tion has been corrected or enforcement proceedings 
completed, whichever is later. 
SEC. 203. STUDY TO ASSESS THE THREAT OF CONTAMINA-
TION OF DRINKING WATER DISTRIBUTION 
SYSTEMS. 
Not later than 180 days after the date of the enact-
ment of this title, the Administrator of the Environmental 
Protection Agency, in consultation with the Secretary of 
Homeland Security, shall— 
(1) conduct a study to assess the threat to 
drinking water posed by an intentional act of con-
tamination, and the vulnerability of public water sys-
tems, including fire hydrants, to such a threat; and 
(2) submit a report to the Congress on the re-
sults of such study. 
TITLE III—WASTEWATER 
TREATMENT WORKS SECURITY 
SEC. 301. SHORT TITLE. 
This title may be cited as the ‘‘Wastewater Treat-
ment Works Security Act of 2009’’. 
SEC. 302. WASTEWATER TREATMENT WORKS SECURITY. 
(a) IN GENERAL.—Title II of the Federal Water Pol-
lution Control Act (33 U.S.C. 1281 et seq.) is amended 
by adding at the end the following: 
VerDate Nov 24 2008 
23:44 Nov 09, 2009
Jkt 089200
PO 00000
Frm 00136
Fmt 6652
Sfmt 6201
E:\BILLS\H2868.RFS
H2868
wwoods2 on DSK1DXX6B1PROD with BILLS
137 
HR 2868 RFS 
‘‘SEC. 222. WASTEWATER TREATMENT WORKS SECURITY. 
‘‘(a) ASSESSMENT OF TREATMENT WORKS VULNER-
ABILITY AND IMPLEMENTATION OF SITE SECURITY AND 
EMERGENCY RESPONSE PLANS.— 
‘‘(1) IN GENERAL.—Each owner or operator of 
a treatment works with either a treatment capacity 
of at least 2,500,000 gallons per day or, in the dis-
cretion of the Administrator, that presents a secu-
rity risk making coverage under this section appro-
priate shall, consistent with regulations developed 
under subsection (b)— 
‘‘(A) conduct and, as required, update a 
vulnerability assessment of its treatment works; 
‘‘(B) develop, periodically update, and im-
plement a site security plan for the treatment 
works; and 
‘‘(C) develop and, as required, revise an 
emergency response plan for the treatment 
works. 
‘‘(2) VULNERABILITY ASSESSMENT.— 
‘‘(A) DEFINITION.—In this section, the 
term ‘vulnerability assessment’ means an as-
sessment of the vulnerability of a treatment 
works to intentional acts that may— 
VerDate Nov 24 2008 
23:44 Nov 09, 2009
Jkt 089200
PO 00000
Frm 00137
Fmt 6652
Sfmt 6201
E:\BILLS\H2868.RFS
H2868
wwoods2 on DSK1DXX6B1PROD with BILLS
138 
HR 2868 RFS 
‘‘(i) substantially disrupt the ability of 
the treatment works to safely and reliably 
operate; or 
‘‘(ii) have a substantial adverse effect 
on critical infrastructure, public health or 
safety, or the environment. 
‘‘(B) REVIEW.—A vulnerability assessment 
shall include an identification of the vulner-
ability of the treatment works’— 
‘‘(i) facilities, systems, and devices 
used in the storage, treatment, recycling, 
or reclamation of municipal sewage or in-
dustrial wastes; 
‘‘(ii) intercepting sewers, outfall sew-
ers, sewage collection systems, and other 
constructed conveyances under the control 
of the owner or operator of the treatment 
works; 
‘‘(iii) electronic, computer, and other 
automated systems; 
‘‘(iv) pumping, power, and other 
equipment; 
‘‘(v) use, storage, and handling of var-
ious chemicals, including substances of 
VerDate Nov 24 2008 
23:44 Nov 09, 2009
Jkt 089200
PO 00000
Frm 00138
Fmt 6652
Sfmt 6201
E:\BILLS\H2868.RFS
H2868
wwoods2 on DSK1DXX6B1PROD with BILLS
139 
HR 2868 RFS 
concern, as identified by the Adminis-
trator; 
‘‘(vi) operation and maintenance pro-
cedures; and 
‘‘(vii) ability to ensure continuity of 
operations. 
‘‘(3) SITE SECURITY PLAN.— 
‘‘(A) DEFINITION.—In this section, the 
term ‘site security plan’ means a process devel-
oped by the owner or operator of a treatment 
works to address security risks identified in a 
vulnerability assessment developed for the treat-
ment works. 
‘‘(B) IDENTIFICATION
OF
SECURITY
EN-
HANCEMENTS.—A site security plan carried out 
under paragraph (1)(B) shall identify specific 
security enhancements, including procedures, 
countermeasures, or equipment, that, when im-
plemented 
or 
utilized, 
will 
reduce 
the 
vulnerabilities identified in a vulnerability as-
sessment (including the identification of the ex-
tent to which implementation or utilization of 
such security enhancements may impact the op-
erations of the treatment works in meeting the 
goals and requirements of this Act). 
VerDate Nov 24 2008 
23:44 Nov 09, 2009
Jkt 089200
PO 00000
Frm 00139
Fmt 6652
Sfmt 6201
E:\BILLS\H2868.RFS
H2868
wwoods2 on DSK1DXX6B1PROD with BILLS
140 
HR 2868 RFS 
‘‘(b) RULEMAKING AND GUIDANCE DOCUMENTS.— 
‘‘(1) IN GENERAL.—Not later than December 
31, 2010, the Administrator, after providing notice 
and an opportunity for public comment, shall issue 
regulations— 
‘‘(A) establishing risk-based performance 
standards for the security of a treatment works 
identified under subsection (a)(1); and 
‘‘(B) establishing requirements and dead-
lines for each owner or operator of a treatment 
works identified under subsection (a)(1)— 
‘‘(i) to conduct and submit to the Ad-
ministrator a vulnerability assessment or, 
if the owner or operator of a treatment 
works already has conducted a vulner-
ability assessment, to revise and submit to 
the Administrator such assessment in ac-
cordance with this section; 
‘‘(ii) to update and submit to the Ad-
ministrator the vulnerability assessment 
not less than every 5 years and promptly 
after any change at the treatment works 
that could cause the reassignment of the 
treatment works to a different risk-based 
tier under paragraph (2)(B); 
VerDate Nov 24 2008 
23:44 Nov 09, 2009
Jkt 089200
PO 00000
Frm 00140
Fmt 6652
Sfmt 6201
E:\BILLS\H2868.RFS
H2868
wwoods2 on DSK1DXX6B1PROD with BILLS
141 
HR 2868 RFS 
‘‘(iii) to develop and implement a site 
security plan and to update such plan not 
less than every 5 years and promptly after 
an update to the vulnerability assessment; 
‘‘(iv) to develop an emergency re-
sponse plan (or, if the owner or operator of 
a treatment works has already developed 
an emergency response plan, to revise the 
plan to be in accordance with this section) 
and to revise the plan not less than every 
5 years and promptly after an update to 
the vulnerability assessment; and 
‘‘(v) to provide annual training to em-
ployees of the treatment works on imple-
menting site security plans and emergency 
response plans. 
‘‘(2) RISK-BASED
TIERS
AND
PERFORMANCE 
STANDARDS.— 
‘‘(A) IN GENERAL.—In developing regula-
tions under this subsection, the Administrator 
shall— 
‘‘(i) provide for 4 risk-based tiers ap-
plicable to treatment works identified 
under subsection (a)(1), with tier one rep-
VerDate Nov 24 2008 
23:44 Nov 09, 2009
Jkt 089200
PO 00000
Frm 00141
Fmt 6652
Sfmt 6201
E:\BILLS\H2868.RFS
H2868
wwoods2 on DSK1DXX6B1PROD with BILLS
142 
HR 2868 RFS 
resenting the highest degree of security 
risk; and 
‘‘(ii) establish risk-based performance 
standards for site security plans and emer-
gency response plans required under this 
section. 
‘‘(B) RISK-BASED TIERS.— 
‘‘(i) ASSIGNMENT
OF
RISK-BASED 
TIERS.—The Administrator shall assign 
(and reassign when appropriate) each 
treatment works identified under sub-
section (a)(1) to one of the risk-based tiers 
established pursuant to this paragraph. 
‘‘(ii) FACTORS TO CONSIDER.—In as-
signing a treatment works to a risk-based 
tier, the Administrator shall consider— 
‘‘(I) the size of the treatment 
works; 
‘‘(II) the proximity of the treat-
ment works to large population cen-
ters; 
‘‘(III) the adverse impacts of an 
intentional act, including a worst-case 
release of a substance of concern des-
ignated under subsection (c), on the 
VerDate Nov 24 2008 
23:44 Nov 09, 2009
Jkt 089200
PO 00000
Frm 00142
Fmt 6652
Sfmt 6201
E:\BILLS\H2868.RFS
H2868
wwoods2 on DSK1DXX6B1PROD with BILLS
143 
HR 2868 RFS 
operation of the treatment works or 
on 
critical 
infrastructure, 
public 
health or safety, or the environment; 
and 
‘‘(IV) any other factor that the 
Administrator determines to be appro-
priate. 
‘‘(iii) INFORMATION
REQUEST
FOR 
TREATMENT
WORKS.—The Administrator 
may require the owner or operator of a 
treatment works identified under sub-
section (a)(1) to submit information in 
order to determine the appropriate risk- 
based tier for the treatment works. 
‘‘(iv) EXPLANATION FOR RISK-BASED 
TIER
ASSIGNMENT.—The 
Administrator 
shall provide the owner or operator of each 
treatment works assigned to a risk-based 
tier with the reasons for the tier assign-
ment and whether such owner or operator 
of a treatment works is required to submit 
an assessment under paragraph (3)(B). 
‘‘(C) RISK-BASED
PERFORMANCE
STAND-
ARDS.— 
VerDate Nov 24 2008 
23:44 Nov 09, 2009
Jkt 089200
PO 00000
Frm 00143
Fmt 6652
Sfmt 6201
E:\BILLS\H2868.RFS
H2868
wwoods2 on DSK1DXX6B1PROD with BILLS
144 
HR 2868 RFS 
‘‘(i) CLASSIFICATION.—In establishing 
risk-based performance standards under 
subparagraph (A)(ii), the Administrator 
shall ensure that the standards are sepa-
rate and, as appropriate, increasingly more 
stringent based on the level of risk associ-
ated with the risk-based tier assignment 
under subparagraph (B) for the treatment 
works. 
‘‘(ii) CONSIDERATION.—In carrying 
out this subparagraph, the Administrator 
shall take into account section 27.230 of 
title 6, Code of Federal Regulations (or 
any successor regulation). 
‘‘(D) SITE SECURITY PLANS.— 
‘‘(i) IN GENERAL.—In developing reg-
ulations under this subsection, the Admin-
istrator shall permit the owner or operator 
of a treatment works identified under sub-
section (a)(1), in developing and imple-
menting a site security plan, to select lay-
ered security and preparedness measures 
that, in combination— 
VerDate Nov 24 2008 
23:44 Nov 09, 2009
Jkt 089200
PO 00000
Frm 00144
Fmt 6652
Sfmt 6201
E:\BILLS\H2868.RFS
H2868
wwoods2 on DSK1DXX6B1PROD with BILLS
145 
HR 2868 RFS 
‘‘(I) address the security risks 
identified in its vulnerability assess-
ment; and 
‘‘(II) comply with the applicable 
risk-based performance standards re-
quired by this subsection. 
‘‘(3) 
METHODS
TO
REDUCE
THE
CON-
SEQUENCES OF A CHEMICAL RELEASE FROM AN IN-
TENTIONAL ACT.— 
‘‘(A) DEFINITION.—In this section, the 
term ‘method to reduce the consequences of a 
chemical release from an intentional act’ means 
a measure at a treatment works identified 
under subsection (a)(1) that reduces or elimi-
nates the potential consequences of a release of 
a substance of concern designated under sub-
section (c) from an intentional act, such as— 
‘‘(i) the elimination of or a reduction 
in the amount of a substance of concern 
possessed or planned to be possessed by a 
treatment works through the use of alter-
nate substances, formulations, or proc-
esses; 
VerDate Nov 24 2008 
23:44 Nov 09, 2009
Jkt 089200
PO 00000
Frm 00145
Fmt 6652
Sfmt 6201
E:\BILLS\H2868.RFS
H2868
wwoods2 on DSK1DXX6B1PROD with BILLS
146 
HR 2868 RFS 
‘‘(ii) the modification of pressures, 
temperatures, or concentrations of a sub-
stance of concern; and 
‘‘(iii) the reduction or elimination of 
onsite handling of a substance of concern 
through the improvement of inventory con-
trol or chemical use efficiency. 
‘‘(B) ASSESSMENT.— 
‘‘(i) IN GENERAL.—In developing the 
regulations under this subsection, for each 
treatment works identified under sub-
section (a)(1) that possesses or plans to 
possess a substance of concern in excess of 
the release threshold quantity set by the 
Administrator under subsection (c)(2), the 
Administrator shall require the treatment 
works to include in its site security plan an 
assessment of methods to reduce the con-
sequences of a chemical release from an in-
tentional act at the treatment works. 
‘‘(ii) CONSIDERATIONS
FOR
ASSESS-
MENT.—In 
developing 
the 
regulations 
under this subsection, the Administrator 
shall require the owner or operator of each 
treatment works, in preparing the assess-
VerDate Nov 24 2008 
23:44 Nov 09, 2009
Jkt 089200
PO 00000
Frm 00146
Fmt 6652
Sfmt 6201
E:\BILLS\H2868.RFS
H2868
wwoods2 on DSK1DXX6B1PROD with BILLS
148 
HR 2868 RFS 
act at the treatment works is feasible, 
as determined by the Administrator; 
‘‘(IV) the costs (including capital 
and operational costs) and avoided 
costs (including potential savings) as-
sociated with applying each described 
method to reduce the consequences of 
a chemical release from an intentional 
act at the treatment works; 
‘‘(V) any other relevant informa-
tion that the owner or operator of a 
treatment works relied on in con-
ducting the assessment; and 
‘‘(VI) a statement of whether the 
owner or operator of a treatment 
works has implemented or plans to 
implement a method to reduce the 
consequences of a chemical release 
from an intentional act, a description 
of any such method, and, in the case 
of a treatment works described in sub-
paragraph (C)(i), an explanation of 
the reasons for any decision not to 
implement any such method. 
‘‘(C) REQUIRED METHODS.— 
VerDate Nov 24 2008 
23:44 Nov 09, 2009
Jkt 089200
PO 00000
Frm 00148
Fmt 6652
Sfmt 6201
E:\BILLS\H2868.RFS
H2868
wwoods2 on DSK1DXX6B1PROD with BILLS
149 
HR 2868 RFS 
‘‘(i) 
APPLICATION.—This 
subpara-
graph applies to a treatment works identi-
fied under subsection (a)(1) that— 
‘‘(I) is assigned to one of the two 
highest risk-based tiers established 
under paragraph (2)(A); and 
‘‘(II) possesses or plans to pos-
sess a substance of concern in excess 
of the threshold quantity set by the 
Administrator under subsection (c)(2). 
‘‘(ii) HIGHEST-RISK SYSTEMS.—If, on 
the basis of its assessment developed pur-
suant to subparagraph (B), the owner or 
operator of a treatment works described in 
clause (i) decides not to implement a meth-
od to reduce the consequences of a chem-
ical release from an intentional act, in ac-
cordance with a timeline set by the Admin-
istrator— 
‘‘(I) the Administrator or, where 
applicable, a State with an approved 
program under section 402, shall de-
termine whether to require the owner 
or operator of a treatment works to 
implement such method; and 
VerDate Nov 24 2008 
23:44 Nov 09, 2009
Jkt 089200
PO 00000
Frm 00149
Fmt 6652
Sfmt 6201
E:\BILLS\H2868.RFS
H2868
wwoods2 on DSK1DXX6B1PROD with BILLS
150 
HR 2868 RFS 
‘‘(II) in the case of a State with 
such approved program, the State 
shall report such determination to the 
Administrator. 
‘‘(iii) CONSIDERATIONS.—Before re-
quiring the implementation of a method to 
reduce the consequences of a chemical re-
lease from an intentional act under clause 
(ii), the Administrator or a State, as the 
case may be, shall consider factors appro-
priate to address the responsibilities of the 
treatment works to meet the goals and re-
quirements of this Act, including an exam-
ination of whether the method— 
‘‘(I) would significantly reduce 
the risk of death, injury, or serious 
adverse effects to human health re-
sulting from a chemical release from 
an intentional act at the treatment 
works; 
‘‘(II) would not increase the in-
terim storage by the treatment works 
of a substance of concern designated 
under subsection (c); 
VerDate Nov 24 2008 
23:44 Nov 09, 2009
Jkt 089200
PO 00000
Frm 00150
Fmt 6652
Sfmt 6201
E:\BILLS\H2868.RFS
H2868
wwoods2 on DSK1DXX6B1PROD with BILLS
151 
HR 2868 RFS 
‘‘(III) could impact the oper-
ations of the treatment works in meet-
ing the goals and requirements of this 
Act or any more stringent standards 
established by the State or munici-
pality in which the treatment works is 
located; and 
‘‘(IV) is feasible, as determined 
by the Administrator, to be incor-
porated into the operations of the 
treatment works. 
‘‘(D) APPEAL.—Before requiring the im-
plementation of a method to reduce the con-
sequences of a chemical release from an inten-
tional act under clause (ii), the Administrator 
or a State, as the case may be, shall provide the 
owner or operator of the treatment works an 
opportunity to appeal the determination to re-
quire such implementation. 
‘‘(E) INCOMPLETE
OR
LATE
ASSESS-
MENTS.— 
‘‘(i) INCOMPLETE
ASSESSMENTS.—If 
the Administrator determines that a treat-
ment works fails to meet the requirements 
of subparagraph (B) and the applicable 
VerDate Nov 24 2008 
23:44 Nov 09, 2009
Jkt 089200
PO 00000
Frm 00151
Fmt 6652
Sfmt 6201
E:\BILLS\H2868.RFS
H2868
wwoods2 on DSK1DXX6B1PROD with BILLS
152 
HR 2868 RFS 
regulations, the Administrator shall, after 
notifying the owner or operator of a treat-
ment works and the State in which the 
treatment works is located, require the 
owner or operator of the treatment works 
to submit a revised assessment not later 
than 60 days after the Administrator noti-
fies the owner or operator. The Adminis-
trator may require such additional revi-
sions as are necessary to ensure that the 
treatment works meets the requirements of 
subparagraph (B) and the applicable regu-
lations. 
‘‘(ii) LATE ASSESSMENTS.—If the Ad-
ministrator finds that the owner or oper-
ator of a treatment works, in conducting 
an assessment pursuant to subparagraph 
(B), did not complete such assessment in 
accordance with the deadline set by the 
Administrator, the Administrator may, 
after notifying the owner or operator of the 
treatment works and the State in which 
the treatment works is located, take appro-
priate enforcement action under subsection 
(j). 
VerDate Nov 24 2008 
23:44 Nov 09, 2009
Jkt 089200
PO 00000
Frm 00152
Fmt 6652
Sfmt 6201
E:\BILLS\H2868.RFS
H2868
wwoods2 on DSK1DXX6B1PROD with BILLS
153 
HR 2868 RFS 
‘‘(iii) REVIEW.—A State with an ap-
proved program under section 402 or the 
Administrator, as the case may be, shall 
review a revised assessment that meets the 
requirements of subparagraph (B) and ap-
plicable regulations to determine whether 
the treatment works will be required to im-
plement methods to reduce the con-
sequences of a chemical release from an in-
tentional act pursuant to subparagraph 
(C). 
‘‘(F) ENFORCEMENT.— 
‘‘(i) FAILURE BY STATE TO MAKE DE-
TERMINATION.— 
‘‘(I) IN
GENERAL.—If the Ad-
ministrator determines that a State 
with an approved program under sec-
tion 402 failed to determine whether 
to require a treatment works to imple-
ment a method to reduce the con-
sequences of a chemical release from 
an intentional act, as required by sub-
paragraph (C)(ii), the Administrator 
shall notify the State and the owner 
or operator of the treatment works. 
VerDate Nov 24 2008 
23:44 Nov 09, 2009
Jkt 089200
PO 00000
Frm 00153
Fmt 6652
Sfmt 6201
E:\BILLS\H2868.RFS
H2868
wwoods2 on DSK1DXX6B1PROD with BILLS