IB 
Union Calendar No. 179 
111TH CONGRESS 
1ST SESSION H. R. 3258 
[Report No. 111–313] 
To amend the Safe Drinking Water Act to enhance the security of the 
public water systems of the United States. 
IN THE HOUSE OF REPRESENTATIVES 
JULY 20, 2009 
Mr. WAXMAN (for himself, Mr. MARKEY of Massachusetts, Mr. PALLONE, 
Mrs. CAPPS, Mr. SARBANES, and Ms. SCHAKOWSKY) introduced the fol-
lowing bill; which was referred to the Committee on Energy and Com-
merce 
OCTOBER 23, 2009 
Additional sponsors: Ms. SHEA-PORTER, Mr. HINCHEY, Mr. COHEN, Mrs. 
MALONEY, and Mr. BERMAN 
OCTOBER 23, 2009 
Reported with an amendment, committed to the Committee of the Whole 
House on the State of the Union, and ordered to be printed 
[Strike out all after the enacting clause and insert the part printed in italic] 
[For text of introduced bill, see copy of bill as introduced on July 20, 2009] 
A BILL 
To amend the Safe Drinking Water Act to enhance the 
security of the public water systems of the United States. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Drinking Water System 
Security Act of 2009’’. 
SEC. 2. 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; EMER-
GENCY 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 
‘‘(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 vulner-
ability assessment, to revise the assessment 
to be in accordance with this section; 
‘‘(ii) to update the vulnerability assess-
ment not less than every 5 years and 
promptly after any change at the system 
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that could cause the reassignment of the sys-
tem to a different risk-based tier under sub-
section (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; 
‘‘(iv) to develop an emergency response 
plan (or, if the system has already devel-
oped an emergency response plan, to revise 
the plan to be in accordance with this sec-
tion) and revise the plan not less than every 
5 years thereafter; and 
‘‘(v) to provide annual training to em-
ployees and contractor employees of covered 
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 Administrator, 
presents a security risk making regulation under 
this section appropriate. 
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‘‘(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— 
‘‘(A) provision of threat-related and other 
baseline information to covered water systems; 
‘‘(B) designation of substances of concern; 
‘‘(C) development of risk-based performance 
standards; 
‘‘(D) establishment of risk-based tiers and 
process for the assignment of covered water sys-
tems 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; 
‘‘(G) security at co-managed drinking water 
and wastewater facilities; and 
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‘‘(H) 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 substance 
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, 
dispersability, combustibility, and flammability 
of the substance and the amount of the substance 
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 successor 
regulations). 
‘‘(6) BASELINE
INFORMATION.—The Adminis-
trator, after consultation with appropriate depart-
ments and agencies of the Federal Government and 
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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 ap-
propriate thereafter, provide baseline information to 
covered water systems regarding which kinds of inten-
tional 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 con-
cern at the covered water system; or 
‘‘(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 required by 
this section. The standards shall be separate and, as appro-
priate, increasingly stringent based on the level of risk asso-
ciated with the covered water system’s risk-based tier as-
signment under subsection (d). In developing such stand-
ards, the Administrator shall take into account section 
27.230 of title 6, Code of Federal Regulations (or any suc-
cessor regulations). 
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‘‘(c) VULNERABILITY ASSESSMENT.—The regulations 
under subsection (a)(1) shall require each covered water sys-
tem to assess the system’s vulnerability to a range of inten-
tional 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; 
‘‘(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 sub-
section (a)(1) shall provide for 4 risk-based tiers applicable 
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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 determine 
the appropriate risk-based tier for the covered 
water system. 
‘‘(B) FACTORS TO CONSIDER.—The Admin-
istrator shall assign (and reassign when appro-
priate) each covered water system to one of the 
risk-based tiers established pursuant to this sub-
section. In assigning a covered water system to 
a risk-based tier, the Administrator shall con-
sider the potential consequences (such as death, 
injury, or serious adverse effects to human 
health, the environment, critical infrastructure, 
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 supply 
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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). 
‘‘(e) DEVELOPMENT AND IMPLEMENTATION OF SITE 
SECURITY PLANS.—The regulations under subsection (a)(1) 
shall permit each covered water system, in developing 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 re-
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sponsibilities that employees and contractor employees 
are expected to perform to deter or respond to the in-
tentional acts described in subsection (d)(1)(B). 
‘‘(2) TRAINING FOR EMPLOYEES.—Each covered 
water system shall annually provide employees and 
contractor employees with roles or responsibilities de-
scribed in paragraph (1) with a minimum of 8 hours 
of training on carrying out those roles or responsibil-
ities. 
‘‘(3) EMPLOYEE PARTICIPATION.—In developing, 
revising, or updating a vulnerability assessment, site 
security plan, and emergency response plan required 
under this section, a covered water system shall in-
clude— 
‘‘(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 cer-
tified 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 bargaining 
relationship with the private or public owner or 
operator of the system or with a contractor to 
that system.
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‘‘(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 substance of 
concern from an intentional act such as— 
‘‘(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, for-
mulations, or processes; 
‘‘(B) the modification of pressures, tempera-
tures, or concentrations of a substance of con-
cern; 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 sys-
tem that possesses or plans to possess a substance of 
concern in excess of the release threshold quantity set 
by the Administrator under subsection (a)(5), the reg-
ulations under subsection (a)(1) shall require the cov-
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ered water system to include in its site security plan 
an assessment of methods to reduce the consequences 
of a chemical release from an intentional act at the 
covered water system. The covered water system shall 
provide such assessment to the Administrator and the 
State exercising primary enforcement responsibility 
for the covered water system, if any. The regulations 
under subsection (a)(1) shall require the system, in 
preparing the assessment, to consider factors appro-
priate to the system’s security, public health, or envi-
ronmental mission, and include— 
‘‘(A) a description of the methods to reduce 
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 adverse 
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; 
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‘‘(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 
‘‘(ii) that possesses or plans to possess 
a substance of concern in excess of the re-
lease threshold quantity set by the Adminis-
trator 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 system 
is not located in such a State, shall, in accord-
ance with a timeline set by the Administrator— 
‘‘(i) determine whether to require the 
covered water system to implement the 
methods; and 
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‘‘(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 
to reduce the consequences of a chemical release 
from an intentional act, 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 covered water 
system is not located in such a State, shall con-
sider 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 effects to 
human health resulting directly from a 
chemical release from an intentional act at 
the covered water system; 
‘‘(ii) would not increase the interim 
storage of a substance of concern by the cov-
ered water system; 
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‘‘(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 
‘‘(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 chemical 
release from an intentional act, the State exer-
cising 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 oppor-
tunity to appeal the determination to require 
such implementation made pursuant to subpara-
graph (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-
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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 system, 
if any, require the covered water system to sub-
mit a revised assessment not later than 60 days 
after the Administrator notifies such system. The 
Administrator may require such additional revi-
sions as are necessary to ensure that the system 
meets the requirements of paragraph (2) and the 
applicable regulations. 
‘‘(B) LATE ASSESSMENTS.—If the Adminis-
trator finds that a covered water system, in con-
ducting its assessment pursuant to paragraph 
(2), did not complete such assessment in accord-
ance with the deadline set by the Administrator, 
the Administrator may, after notifying the cov-
ered water system and the State exercising pri-
mary enforcement responsibility for that system, 
if any, take appropriate enforcement 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 
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State, or the Administrator, if the system is not 
located in such a State, shall review a revised as-
sessment that meets the requirements of para-
graph (2) and applicable regulations to deter-
mine whether the covered water system will be 
required to implement methods to reduce the con-
sequences 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 covered water 
system to implement methods to reduce the con-
sequences of a chemical release from an inten-
tional act, as required by paragraph (3)(B), the 
Administrator shall so notify the State and cov-
ered water system. If, beyond the thirtieth day 
after the Administrator’s notification under the 
preceding sentence, the State has failed to make 
the determination described in such sentence, the 
Administrator shall so notify the State and cov-
ered water system and shall determine whether to 
require the covered water system to implement 
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methods to reduce the consequences of a chemical 
release from an intentional act based on the fac-
tors described in paragraph (3)(C). 
‘‘(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 consequences 
of a chemical release from an intentional act (as 
required by the State or the Administrator under 
paragraph (3)(B) or the Administrator under 
subparagraph (A)), the Administrator shall so 
notify the State and the covered water system. If, 
beyond the thirtieth day after the Administra-
tor’s notification under the preceding sentence, 
the State has not commenced appropriate en-
forcement action, the Administrator shall so no-
tify the State and may commence an enforce-
ment action against the system, including by 
seeking or imposing civil penalties under sub-
section (o), to require implementation of such 
methods. 
‘‘(C) CONSIDERATION OF CONTINUED PRI-
MARY
ENFORCEMENT
RESPONSIBILITY.—For a 
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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-
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 3 AND TIER 4.—For covered water 
systems required to conduct an assessment under 
paragraph (2) and assigned by the Administrator to 
tier 3 or tier 4 under subsection (d), the Adminis-
trator shall issue guidance and, as appropriate, pro-
vide or recommend tools, methodologies, or computer 
software, to assist such covered water systems in com-
plying 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 system 
to submit its vulnerability assessment and site secu-
rity plan to the Administrator for review according 
to deadlines set by the Administrator. The Adminis-
trator shall review each vulnerability assessment and 
site security plan submitted under this section and— 
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‘‘(A) if the assessment or plan has any sig-
nificant deficiency described in paragraph (2), 
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, deter-
mines 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 provide 
a vulnerability assessment or site security plan de-
scribed in this section to any State, regional, local, or 
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tribal governmental entity solely by reason of the re-
quirement set forth in paragraph (1) that the system 
submit such an assessment and plan to the Adminis-
trator. 
‘‘(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 sys-
tem’s most current vulnerability assessment and site 
security plan. 
‘‘(2) CERTIFICATION.—Each covered water sys-
tem shall certify to the Administrator that the system 
has completed an emergency response plan. The sys-
tem shall submit such certification to the Adminis-
trator not later than 6 months after the system’s first 
completion or revision of a vulnerability assessment 
under this section and shall submit an additional cer-
tification following any update of the emergency re-
sponse plan. 
‘‘(3) CONTENTS.—A covered water system’s emer-
gency 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 
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‘‘(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 vulnerability 
assessment, site security plan, and emergency response 
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 Administrator 
or duly designated representatives of the Adminis-
trator, as appropriate, shall have access to the owners, 
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operators, employees and contractor employees, and 
employee representatives, if any, of such covered 
water system. 
‘‘(3) CONFIDENTIAL COMMUNICATION OF INFOR-
MATION; AIDING
INSPECTIONS.—The Administrator, 
or a duly designated representative of the Adminis-
trator, shall offer non-supervisory employees of a cov-
ered water system the opportunity confidentially to 
communicate information relevant to the employer’s 
compliance or noncompliance with this section, in-
cluding compliance or noncompliance with any regu-
lation or requirement adopted by the Administrator 
in furtherance of the purposes of this section. A rep-
resentative of each certified or recognized bargaining 
agent described in subsection (f)(3)(B), if any, or, if 
none, a non-supervisory employee, shall be given an 
opportunity to accompany the Administrator, or the 
duly designated representative of the Administrator, 
during the physical inspection 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 des-
ignated representative of the Administrator on such 
inspection. 
‘‘(l) PROTECTION OF INFORMATION.— 
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‘‘(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 disclosure 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, as 
described in paragraph (7). 
‘‘(B) SHARING
OF
PROTECTED
INFORMA-
TION.—The regulations under subparagraph (A) 
shall provide standards for and facilitate the ap-
propriate sharing of protected information with 
and between Federal, State, local, and tribal au-
thorities, first responders, law enforcement offi-
cials, designated supervisory and non-super-
visory covered water system personnel with secu-
rity, operational, or fiduciary responsibility for 
the system, and designated facility employee rep-
resentatives, if any. Such standards shall include 
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procedures for the sharing of all portions of a 
covered water system’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 rep-
resentative of each certified or recognized bar-
gaining agent representing such employees, if 
any, or, if none, with at least one supervisory 
and at least one non-supervisory employee with 
roles and responsibilities under subsection (f)(1). 
‘‘(C) PENALTIES.—Protected information, 
as described in paragraph (7), shall not be 
shared except in accordance with the standards 
provided by the regulations under subparagraph 
(A). Any person who purposefully publishes, di-
vulges, discloses, or makes known protected infor-
mation in any manner or to any extent not au-
thorized by the standards provided by the regula-
tions under subparagraph (A), shall, upon con-
viction, be imprisoned 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, 
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shall be removed from Federal office or employ-
ment. 
‘‘(3) TREATMENT OF INFORMATION IN ADJUDICA-
TIVE PROCEEDINGS.—In any judicial or administra-
tive proceeding, protected information, as described in 
paragraph (7), shall be treated in a manner con-
sistent with the treatment of Sensitive Security Infor-
mation under section 525 of the Department of 
Homeland Security Appropriations 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 govern-
ment agency under any other law; or 
‘‘(B) to comply with any other 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 
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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. 
‘‘(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, including 
any assessment developed pursuant to sub-
section (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 in-
spections and audits under this section. 
‘‘(iv) Orders, notices, or letters regard-
ing the compliance of a covered water sys-
tem with the requirements of this section. 
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‘‘(v) Information required to be pro-
vided to, or documents and records created 
by, the Administrator under subsection (d). 
‘‘(vi) Documents directly related to se-
curity drills and training exercises, security 
threats and breaches of security, and main-
tenance, calibration, and testing of security 
equipment. 
‘‘(vii) Other information, documents, 
and records developed exclusively for the 
purposes of this section that the Adminis-
trator determines would be detrimental to 
the security of one or more covered water 
systems if disclosed. 
‘‘(B) DETRIMENT REQUIREMENT.—For pur-
poses 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) 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 for the purposes of this section. 
‘‘(C) EXCLUSIONS.—For purposes of this 
section, protected information does not include— 
‘‘(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 regu-
lations promulgated thereunder) shall not apply to any 
public water system subject to this Act: 
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‘‘(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 Homeland 
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 stand-
ard of performance with respect to a covered water system 
that is more stringent than a regulation, requirement, or 
standard of performance under this section. 
‘‘(o) VIOLATIONS.— 
‘‘(1) IN GENERAL.—A covered water system that 
violates any requirement of this section, including by 
not implementing all or part of its site security 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 occurs. 
‘‘(2) PROCEDURE.—When the Administrator de-
termines that a covered water system is subject to a 
civil penalty under paragraph (1), the Administrator, 
after consultation with the State, for covered water 
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systems located in a State exercising primary respon-
sibility for the covered water system, and, after con-
sidering the severity of the violation or deficiency 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 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 CONSEQUENCES 
OF
A
CHEMICAL
RELEASE
FROM
AN
INTENTIONAL 
ACT.—Except as provided in subsections (g)(4) and 
(g)(5), if a covered water system is located in a State 
exercising primary enforcement responsibility for the 
system, the Administrator may not issue an order or 
commence a civil action under this section for any de-
ficiency in the content or implementation of the por-
tion of the system’s site security plan relating to 
methods to reduce the consequences of a chemical re-
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lease 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 sub-
section (a)(1), and every 3 years thereafter, the Ad-
ministrator shall transmit to the Committee on En-
ergy 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 es-
tablished by this section. 
‘‘(B) A summary of how the covered water 
systems, 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 implementing 
and enforcing such requirements during such pe-
riod including— 
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‘‘(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 submitted 
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 inspec-
tions conducted by the Administrator or 
duly designated representatives of the Ad-
ministrator; 
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‘‘(viii) the number of orders for com-
pliance issued by the Administrator; 
‘‘(ix) the administrative penalties as-
sessed by the Administrator for non-compli-
ance with the requirements of this section; 
‘‘(x) the civil penalties assessed by 
courts for non-compliance with the require-
ments of this section; and 
‘‘(xi) any other regulatory data the Ad-
ministrator determines appropriate to de-
scribe covered water system compliance with 
the requirements of this section and the Ad-
ministrator’s implementation of such re-
quirements. 
‘‘(2) PUBLIC AVAILABILITY.—A report submitted 
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 co-
operative agreements with, States, based on an alloca-
tion formula established by the Administrator, to as-
sist the States in implementing this section. 
‘‘(2) RESEARCH, TRAINING, AND TECHNICAL AS-
SISTANCE GRANTS.—The Administrator may award 
grants to, or enter into cooperative agreements with, 
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non-profit organizations to provide research, 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 agree-
ments with, covered water systems to assist 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 re-
lease of a substance of concern from an in-
tentional act; and 
‘‘(iii) implementing any other security 
reviews and enhancements necessary to com-
ply 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 
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covered water systems that have the greatest 
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 employees 
with roles or responsibilities described in sub-
section (f)(1) and first responders and emergency 
response providers who would respond to an in-
tentional act at a covered water system. 
‘‘(B) ADMINISTRATION.—The Administrator 
shall enter into an agreement with the National 
Institute of Environmental Health Sciences to 
make and administer grants under this para-
graph. 
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‘‘(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 providers 
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 nonprofit 
organization with demonstrated experience in 
implementing and operating successful worker or 
first responder health and safety or security 
training programs. 
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‘‘(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 im-
plement methods to reduce the consequences 
of a chemical release from an intentional 
act at covered water systems with priority 
given to covered water systems assigned to 
tier one or tier two under subsection (d); 
and 
‘‘(B) such sums as may be necessary for fis-
cal years 2012 through 2015. 
‘‘(2) 
SECURITY
ENHANCEMENTS.—Funding 
under this subsection for basic security enhancements 
shall not include expenditures for personnel costs or 
monitoring, operation, or maintenance of facilities, 
equipment, or systems.’’. 
(b) REGULATIONS; TRANSITION.— 
(1) REGULATIONS.—Not later than 2 years after 
the date of the enactment of this Act, the Adminis-
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trator of the Environmental Protection Agency shall 
promulgate final regulations to carry out section 1433 
of the Safe Drinking Water Act, as amended by sub-
section (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 section 
or the amendment made by this section shall affect the 
application of section 1433 of the Safe Drinking 
Water Act, as in effect before the effective date of the 
regulations promulgated under paragraph (1), to any 
violation of such section 1433 occurring before such 
effective date, and the requirements of such section 
1433 shall remain in force and effect with respect to 
such violation until the violation has been corrected 
or enforcement proceedings completed, whichever is 
later. 
SEC. 3. STUDY TO ASSESS THE THREAT OF CONTAMINA-
TION OF DRINKING WATER DISTRIBUTION 
SYSTEMS. 
Not later than 180 days after the date of the enactment 
of this Act, the Administrator of the Environmental Protec-
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tion Agency, in consultation with the Secretary of Home-
land Security, shall— 
(1) conduct a study to assess the threat of con-
tamination of drinking water being distributed 
through public water systems, including fire main 
systems; and 
(2) submit a report to the Congress on the results 
of such study. 
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Union Calendar No. 179 
111TH CONGRESS 
1ST SESSION 
H. R. 3258 
[Report No. 111–313] 
A BILL 
To amend the Safe Drinking Water Act to enhance 
the security of the public water systems of the 
United States. 
OCTOBER 23, 2009 
Reported with an amendment, committed to the Com-
mittee of the Whole House on the State of the Union, 
and ordered to be printed 
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