‘‘(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 
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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-
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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 
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‘‘(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. 
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‘‘(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 
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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 
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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. 
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‘‘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 
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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 
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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. 
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‘‘(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; 
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‘‘(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. 
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‘‘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 
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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-
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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 
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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; 
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‘‘(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 
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‘‘(K) any other regulatory data the Sec-
retary deems appropriate to describe facility 
compliance with the requirements of this title 
and the Secretary’s implementation of such re-
quirements. 
‘‘(b) PUBLIC AVAILABILITY.—A report submitted 
under this section shall be made publicly available. 
‘‘SEC. 2120. AUTHORIZATION OF APPROPRIATIONS. 
‘‘There is authorized to be appropriated to the Sec-
retary of Homeland Security to carry out this title— 
‘‘(1) $325,000,000 for fiscal year 2011, of 
which $100,000,000 shall be made available to pro-
vide funding for methods to reduce the consequences 
of a terrorist attack, of which up to $3,000,000 shall 
be made available for grants authorized under sec-
tion 2111(c)(1); 
‘‘(2) $300,000,000 for fiscal year 2012, of 
which $75,000,000 shall be made available to pro-
vide funding for methods to reduce the consequences 
of a terrorist attack, of which up to $3,000,000 shall 
be made available for grants authorized under sec-
tion 2111(c)(1); and 
‘‘(3) $275,000,000 for fiscal year 2013, of 
which $50,000,000 shall be made available to pro-
vide funding for methods to reduce the consequences 
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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.— 
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(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 
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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-
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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: 
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(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 
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‘‘(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 
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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— 
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‘‘(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, 
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100 
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 
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101 
‘‘(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; 
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102 
‘‘(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 
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103 
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). 
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110 
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 
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