167 
HR 2868 RFS 
‘‘(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 treat-
ment works or the Administrator under any other 
provision of law except as provided in subsection 
(d)(5). 
‘‘(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 under 
subsection (b)(3)(B). 
‘‘(ii) Documents directly related to the 
Administrator’s review of assessments and 
plans described in clause (i) and, as appli-
VerDate Nov 24 2008 
23:44 Nov 09, 2009
Jkt 089200
PO 00000
Frm 00167
Fmt 6652
Sfmt 6201
E:\BILLS\H2868.RFS
H2868
wwoods2 on DSK1DXX6B1PROD with BILLS
168 
HR 2868 RFS 
cable, the State’s review of an assessment 
developed under subsection (b)(3)(B). 
‘‘(iii) Documents directly related to 
inspections and audits under this section. 
‘‘(iv) Orders, notices, or letters re-
garding the compliance of a treatment 
works described in subsection (a)(1) with 
the requirements of this section. 
‘‘(v) Information required to be pro-
vided to, or documents and records created 
by, the Administrator under subsection 
(b)(2). 
‘‘(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 for the purposes of 
this section that the Administrator has de-
termined by regulation would be detri-
mental to the security of a treatment 
works if disclosed. 
‘‘(B) 
DETRIMENT
REQUIREMENT.—For 
purposes of clauses (ii), (iii), (iv), (v), and (vi) 
VerDate Nov 24 2008 
23:44 Nov 09, 2009
Jkt 089200
PO 00000
Frm 00168
Fmt 6652
Sfmt 6201
E:\BILLS\H2868.RFS
H2868
wwoods2 on DSK1DXX6B1PROD with BILLS
169 
HR 2868 RFS 
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 a treatment works if disclosed; 
and 
‘‘(ii) are developed by the Adminis-
trator, the State, or the treatment works 
for the purposes of this section. 
‘‘(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 
treatment works compliance with the 
requirements of this title and the Ad-
ministrator’s implementation of such 
requirements; and 
VerDate Nov 24 2008 
23:44 Nov 09, 2009
Jkt 089200
PO 00000
Frm 00169
Fmt 6652
Sfmt 6201
E:\BILLS\H2868.RFS
H2868
wwoods2 on DSK1DXX6B1PROD with BILLS
170 
HR 2868 RFS 
‘‘(II) not detrimental to the secu-
rity of one or more treatment works 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— 
‘‘(I) information that is required 
to be made publicly available under 
any other provision of law; and 
‘‘(II) information that a treat-
ment works has lawfully disclosed 
other than in a submission to the Ad-
ministrator pursuant to a requirement 
of this title. 
‘‘(j) VIOLATIONS.—For the purposes of section 309 
of this Act, any violation of any requirement of this sec-
tion, including any regulations promulgated pursuant to 
this section, by an owner or operator of a treatment works 
VerDate Nov 24 2008 
23:44 Nov 09, 2009
Jkt 089200
PO 00000
Frm 00170
Fmt 6652
Sfmt 6201
E:\BILLS\H2868.RFS
H2868
wwoods2 on DSK1DXX6B1PROD with BILLS
171 
HR 2868 RFS 
described in subsection (a)(1) shall be treated in the same 
manner as a violation of a permit condition under section 
402 of this Act. 
‘‘(k) REPORT TO CONGRESS.— 
‘‘(1) PERIODIC
REPORT.—Not later than 3 
years after the effective date of the regulations 
issued under subsection (b) and every 3 years there-
after, the Administrator shall transmit to the Com-
mittee on Transportation and Infrastructure of the 
House of Representatives and the Committee on En-
vironment and Public Works of the Senate a report 
on progress in achieving compliance with this sec-
tion. 
‘‘(2) CONTENTS OF THE REPORT.—Each such 
report shall include, at a minimum, the following: 
‘‘(A) A generalized summary of measures 
implemented by the owner or operator of a 
treatment works identified under subsection 
(a)(1) in order to meet each risk-based per-
formance standard established by this section. 
‘‘(B) A summary of how the treatment 
works, differentiated by risk-based tier assign-
ment, are complying with the requirements of 
this section during the period covered by the re-
port and how the Administrator is imple-
VerDate Nov 24 2008 
23:44 Nov 09, 2009
Jkt 089200
PO 00000
Frm 00171
Fmt 6652
Sfmt 6201
E:\BILLS\H2868.RFS
H2868
wwoods2 on DSK1DXX6B1PROD with BILLS
172 
HR 2868 RFS 
menting and enforcing such requirements dur-
ing such period, including— 
‘‘(i) the number of treatment works 
that provided the Administrator with infor-
mation 
pursuant 
to 
subsection 
(b)(2)(B)(iii); 
‘‘(ii) the number of treatment works 
assigned to each risk-based tier; 
‘‘(iii) the number of vulnerability as-
sessments and site security plans sub-
mitted by treatment works; 
‘‘(iv) the number of vulnerability as-
sessments and site security plans approved 
or found to have a significant deficiency 
under subsection (d)(2) by the Adminis-
trator; 
‘‘(v) the number of treatment works 
without approved vulnerability assessments 
or site security plans; 
‘‘(vi) the number of treatment works 
that have been assigned to a different risk- 
based tier due to implementation of a 
method to reduce the consequences of a 
chemical release from an intentional act 
VerDate Nov 24 2008 
23:44 Nov 09, 2009
Jkt 089200
PO 00000
Frm 00172
Fmt 6652
Sfmt 6201
E:\BILLS\H2868.RFS
H2868
wwoods2 on DSK1DXX6B1PROD with BILLS
173 
HR 2868 RFS 
and a description of the types of such im-
plemented methods; 
‘‘(vii) the number of audits and in-
spections conducted by the Administrator; 
and 
‘‘(viii) any other regulatory data the 
Administrator determines appropriate to 
describe the compliance of owners or oper-
ators of treatment works with the require-
ments of this section and the Administra-
tor’s implementation of such requirements. 
‘‘(3) PUBLIC
AVAILABILITY.—A report sub-
mitted under this section shall be made publicly 
available. 
‘‘(l) GRANTS
FOR VULNERABILITY ASSESSMENTS, 
SECURITY ENHANCEMENTS, AND WORKER TRAINING 
PROGRAMS.— 
‘‘(1) IN
GENERAL.—The Administrator may 
make a grant to a State, municipality, or inter-
municipal or interstate agency— 
‘‘(A) to conduct or update a vulnerability 
assessment, site security plan, or emergency re-
sponse plan for a publicly owned treatment 
works identified under subsection (a)(1); 
VerDate Nov 24 2008 
23:44 Nov 09, 2009
Jkt 089200
PO 00000
Frm 00173
Fmt 6652
Sfmt 6201
E:\BILLS\H2868.RFS
H2868
wwoods2 on DSK1DXX6B1PROD with BILLS
174 
HR 2868 RFS 
‘‘(B) to implement a security enhancement 
at a publicly owned treatment works identified 
under subsection (a)(1), including a method to 
reduce the consequences of a chemical release 
from an intentional act, identified in an ap-
proved site security plan and listed in para-
graph (2); 
‘‘(C) to implement an additional security 
enhancement at a publicly owned treatment 
works identified under subsection (a)(1), includ-
ing a method to reduce the consequences of a 
chemical release from an intentional act, identi-
fied in an approved site security plan; and 
‘‘(D) to provide for security-related train-
ing of employees or contractor employees of the 
treatment works and training for first respond-
ers and emergency response providers. 
‘‘(2) 
GRANTS
FOR
SECURITY
ENHANCE-
MENTS.— 
‘‘(A) PREAPPROVED SECURITY ENHANCE-
MENTS.—The Administrator may make a grant 
under paragraph (1)(B) to implement a secu-
rity enhancement of a treatment works for one 
or more of the following: 
VerDate Nov 24 2008 
23:44 Nov 09, 2009
Jkt 089200
PO 00000
Frm 00174
Fmt 6652
Sfmt 6201
E:\BILLS\H2868.RFS
H2868
wwoods2 on DSK1DXX6B1PROD with BILLS
175 
HR 2868 RFS 
‘‘(i) Purchase and installation of 
equipment for access control, intrusion 
prevention and delay, and detection of in-
truders and hazardous or dangerous sub-
stances, including— 
‘‘(I) barriers, fencing, and gates; 
‘‘(II) security lighting and cam-
eras; 
‘‘(III) metal grates, wire mesh, 
and outfall entry barriers; 
‘‘(IV) securing of manhole covers 
and fill and vent pipes; 
‘‘(V) installation and re-keying of 
doors and locks; and 
‘‘(VI) smoke, chemical, and ex-
plosive mixture detection systems. 
‘‘(ii) Security improvements to elec-
tronic, computer, or other automated sys-
tems and remote security systems, includ-
ing controlling access to such systems, in-
trusion detection and prevention, and sys-
tem backup. 
‘‘(iii) Participation in training pro-
grams and the purchase of training manu-
VerDate Nov 24 2008 
23:44 Nov 09, 2009
Jkt 089200
PO 00000
Frm 00175
Fmt 6652
Sfmt 6201
E:\BILLS\H2868.RFS
H2868
wwoods2 on DSK1DXX6B1PROD with BILLS
176 
HR 2868 RFS 
als and guidance materials relating to se-
curity. 
‘‘(iv) Security screening of employees 
or contractor support services. 
‘‘(B) ADDITIONAL
SECURITY
ENHANCE-
MENTS.—The Administrator may make a grant 
under paragraph (1)(C) for additional security 
enhancements not listed in subparagraph (A) 
that are identified in an approved site security 
plan. The additional security enhancements 
may include the implementation of a method to 
reduce the consequences of a chemical release 
from an intentional act. 
‘‘(C) LIMITATION
ON
USE
OF
FUNDS.— 
Grants under this subsection may not be used 
for personnel costs or operation or maintenance 
of facilities, equipment, or systems. 
‘‘(D) 
FEDERAL
SHARE.—The 
Federal 
share of the cost of activities funded by a grant 
under paragraph (1) may not exceed 75 per-
cent. 
‘‘(3) ELIGIBILITY.—To be eligible for a grant 
under this subsection, a State, municipality, or 
intermunicipal or interstate agency shall submit in-
formation to the Administrator at such time, in such 
VerDate Nov 24 2008 
23:44 Nov 09, 2009
Jkt 089200
PO 00000
Frm 00176
Fmt 6652
Sfmt 6201
E:\BILLS\H2868.RFS
H2868
wwoods2 on DSK1DXX6B1PROD with BILLS
177 
HR 2868 RFS 
form, and with such assurances as the Administrator 
may require. 
‘‘(m) PREEMPTION.—This section does not preclude 
or deny the right of any State or political subdivision 
thereof to adopt or enforce any regulation, requirement, 
or standard of performance with respect to a treatment 
works that is more stringent than a regulation, require-
ment, or standard of performance under this section. 
‘‘(n) AUTHORIZATION OF APPROPRIATIONS.—There 
is authorized to be appropriated to the Administrator 
$200,000,000 for each of fiscal years 2010 through 2014 
for making grants under subsection (l). Such sums shall 
remain available until expended. 
‘‘(o) 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 treatment works.’’. 
Passed the House of Representatives November 6, 
2009. 
Attest: 
LORRAINE C. MILLER, 
Clerk. 
VerDate Nov 24 2008 
23:44 Nov 09, 2009
Jkt 089200
PO 00000
Frm 00177
Fmt 6652
Sfmt 6201
E:\BILLS\H2868.RFS
H2868
wwoods2 on DSK1DXX6B1PROD with BILLS