‘‘(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-
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-
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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 
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.— 
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‘‘(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-
ees, and employee representatives, if any, of such 
covered water system. 
‘‘(l) PROTECTION OF INFORMATION.— 
‘‘(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) SHARING OF PROTECTED INFORMA-
TION.—The Administrator shall provide stand-
ards for and facilitate the appropriate sharing 
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of protected information with and between Fed-
eral, State, local, and tribal authorities, first re-
sponders, law enforcement officials, designated 
supervisory and non-supervisory covered water 
system personnel with security, operational, or 
fiduciary responsibility for the system, and des-
ignated facility employee representatives, if any. 
Such standards shall include procedures for the 
sharing of all portions of a covered water sys-
tem’s vulnerability assessment and site security 
plan relating to the roles and responsibilities of 
system employees or contractor employees 
under subsection (f)(1) with a representative of 
each certified or recognized bargaining agent 
representing such employees, if any, or, if none, 
with at least one supervisory and at least one 
non-supervisory employee with roles and re-
sponsibilities under subsection (f)(1). 
‘‘(B) PENALTIES.—Protected information, 
as described in paragraph (7), shall not be 
shared except in accordance with the standards 
created under subparagraph (A). Any person 
who purposefully publishes, divulges, discloses, 
or makes known protected information in any 
manner or to any extent not authorized by the 
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standards set by the Administrator under sub-
paragraph (A), shall, upon conviction, be im-
prisoned for not more than one year or fined in 
accordance with the provisions of chapter 227 
of title 18, United States Code, applicable to 
class A misdemeanors, or both, and, in the case 
of Federal employees or officeholders, shall be 
removed from Federal office or employment. 
‘‘(3) TREATMENT OF INFORMATION IN ADJU-
DICATIVE PROCEEDINGS.—In any judicial or admin-
istrative proceeding, protected information, as de-
scribed in paragraph (7), shall be treated in a man-
ner consistent with the treatment of Sensitive Secu-
rity Information under section 525 of the Depart-
ment of Homeland Security Appropriations Act, 
2007 (Public Law 109–295; 120 Stat. 1381). 
‘‘(4) OTHER
OBLIGATIONS
UNAFFECTED.— 
Nothing in this section amends or affects an obliga-
tion 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 law; or 
‘‘(B) to comply with any other law. 
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‘‘(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 
water system or the Administrator under any other 
law except as provided in subsection (h)(3). 
‘‘(7) PROTECTED INFORMATION.— 
‘‘(A) IN GENERAL.—For purposes of this 
section, protected information is any of the fol-
lowing: 
‘‘(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). 
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‘‘(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 required to be pro-
vided to, or documents and records created 
by, the Administrator under subsection 
(d). 
‘‘(vi) Other documents and records 
developed exclusively for the purposes of 
this section that the Administrator deter-
mines 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), and (v) 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) would be detrimental to the secu-
rity of one or more covered water systems 
if disclosed; and 
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‘‘(ii) are developed by the Adminis-
trator, the State, or the covered water sys-
tem exclusively for the purposes of this 
section. 
‘‘(C) EXCLUSIONS.—For purposes of this 
section, protected information does not in-
clude— 
‘‘(i) information that is otherwise pub-
licly available, including information that is 
required to be made publicly available 
under any law; 
‘‘(ii) information that a covered water 
system has lawfully disclosed other than in 
accordance with this section; and 
‘‘(iii) information that, if disclosed, 
would not be detrimental to the security of 
one or more covered water systems, includ-
ing aggregate regulatory data that the Ad-
ministrator determines appropriate to de-
scribe system compliance with the require-
ments of this section and the Administra-
tor’s implementation of such requirements. 
‘‘(m) RELATION TO CHEMICAL FACILITY SECURITY 
REQUIREMENTS.—The following provisions (and any reg-
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ulations promulgated thereunder) shall not apply to any 
public water system subject to this Act: 
‘‘(1) Title XXI of the Homeland Security Act 
of 2002 (as proposed to be added by H.R. 2868, the 
Chemical Facility Anti-Terrorism Act of 2009). 
‘‘(2) Section 550 of the Department of Home-
land Security Appropriations Act, 2007 (Public Law 
109–295). 
‘‘(3) The Chemical Facility Anti-Terrorism Act 
of 2009. 
‘‘(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 
$25,000 for each day on which
the violation oc-
curs. 
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‘‘(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 civil penalty under such para-
graph for any past or current violation, requir-
ing compliance immediately or within a speci-
fied 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-
cated in a State exercising primary enforcement re-
sponsibility for the system, the Administrator may 
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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 
of this section during the period covered by the 
report and how the Administrator is imple-
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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; 
‘‘(vii) the number of audits and in-
spections conducted by the Administrator 
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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 
into cooperative agreements with, States, based on 
an allocation formula established by the Adminis-
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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.—The Adminis-
trator may award grants to, or enter into coopera-
tive agreements with, covered water systems to as-
sist such systems in— 
‘‘(A) preparing and updating vulnerability 
assessments, site security plans, and emergency 
response plans; 
‘‘(B) assessing and implementing methods 
to reduce the consequences of a release of a 
substance of concern from an intentional act; 
and 
‘‘(C) implementing any other security re-
views and enhancements necessary to comply 
with this section. 
‘‘(4) WORKER TRAINING GRANTS PROGRAM AU-
THORITY.— 
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‘‘(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-
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-
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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-
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.—To 
carry out this section, there are authorized to be appro-
priated— 
‘‘(1) $315,000,000 for fiscal year 2011, of 
which up to— 
‘‘(A) $30,000,000 may be used for admin-
istrative costs incurred by the Administrator or 
the States, as appropriate; and 
‘‘(B) $125,000,000 may be used to imple-
ment methods to reduce the consequences of a 
chemical release from an intentional act at cov-
ered water systems with priority given to cov-
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ered water systems
assigned to tier one or tier 
two under subsection (d); and 
‘‘(2) such sums as may be necessary for fiscal 
years 2012 through 2015.’’. 
(b) REGULATIONS; TRANSITION.— 
(1) REGULATIONS.—Not later than 2 years 
after the date of the enactment of this Act, 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 
effect with respect to such violation until the viola-
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tion has been corrected or enforcement proceedings 
completed, whichever is later. 
Æ 
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