[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2868 Engrossed in House (EH)]

111th CONGRESS
  1st Session
                                H. R. 2868

_______________________________________________________________________

                                 AN ACT


 
  To amend the Homeland Security Act of 2002 to enhance security and 
protect against acts of terrorism against chemical facilities, to amend 
  the Safe Drinking Water Act to enhance the security of public water 
   systems, and to amend the Federal Water Pollution Control Act to 
   enhance the security of wastewater treatment works, and for other 
                               purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Chemical and Water 
Security Act of 2009''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
                  TITLE I--CHEMICAL FACILITY SECURITY

Sec. 101. Short title.
Sec. 102. Findings and purpose.
Sec. 103. Extension, modification, and recodification of authority of 
                            Secretary of Homeland Security to regulate 
                            security practices at chemical facilities.
                   TITLE II--DRINKING WATER SECURITY

Sec. 201. Short title.
Sec. 202. Intentional acts affecting the security of covered water 
                            systems.
Sec. 203. Study to assess the threat of contamination of drinking water 
                            distribution systems.
             TITLE III--WASTEWATER TREATMENT WORKS SECURITY

Sec. 301. Short title.
Sec. 302. Wastewater treatment works security.

                  TITLE I--CHEMICAL FACILITY SECURITY

SEC. 101. SHORT TITLE.

    This title may be cited as the ``Chemical Facility Anti-Terrorism 
Act of 2009''.

SEC. 102. FINDINGS AND PURPOSE.

    (a) Findings.--Congress makes the following findings:
            (1) The Nation's chemical sector represents a target that 
        terrorists could exploit to cause consequences, including 
        death, injury, or serious adverse effects to human health, the 
        environment, critical infrastructure, public health, homeland 
        security, national security, and the national economy.
            (2) Chemical facilities that pose such potential 
        consequences and that are vulnerable to terrorist attacks must 
        be protected.
            (3) The Secretary of Homeland Security has statutory 
        authority pursuant to section 550 of the Department of Homeland 
        Security Appropriations Act, 2007 (Public Law 109-295) to 
        regulate the security practices at chemical facilities that are 
        at significant risk of being terrorist targets.
            (4) The Secretary of Homeland Security issued interim final 
        regulations called the Chemical Facility Anti-Terrorism 
        Standards, which became effective on June 8, 2007.
    (b) Purpose.--The purpose of this title is to modify and make 
permanent the authority of the Secretary of Homeland Security to 
regulate security practices at chemical facilities.

SEC. 103. EXTENSION, MODIFICATION, AND RECODIFICATION OF AUTHORITY OF 
              SECRETARY OF HOMELAND SECURITY TO REGULATE SECURITY 
              PRACTICES AT CHEMICAL FACILITIES.

    (a) In General.--The Homeland Security Act of 2002 (6 U.S.C. 101 et 
seq.) is amended by adding at the end the following new title:

  ``TITLE XXI--REGULATION OF SECURITY PRACTICES AT CHEMICAL FACILITIES

``SEC. 2101. DEFINITIONS.

    ``In this title, the following definitions apply:
            ``(1) The term `chemical facility' means any facility--
                    ``(A) at which the owner or operator of the 
                facility possesses or plans to possess at any relevant 
                point in time a substance of concern; or
                    ``(B) that meets other risk-related criteria 
                identified by the Secretary.
            ``(2) The term `chemical facility security performance 
        standards' means risk-based standards established by the 
        Secretary to ensure or enhance the security of a chemical 
        facility against a chemical facility terrorist incident that 
        are designed to address the following:
                    ``(A) Restricting the area perimeter.
                    ``(B) Securing site assets.
                    ``(C) Screening and controlling access to the 
                facility and to restricted areas within the facility by 
                screening or inspecting individuals and vehicles as 
                they enter, including--
                            ``(i) measures to deter the unauthorized 
                        introduction of dangerous substances and 
                        devices that may facilitate a chemical facility 
                        terrorist incident or actions having serious 
                        negative consequences for the population 
                        surrounding the chemical facility; and
                            ``(ii) measures implementing a regularly 
                        updated identification system that checks the 
                        identification of chemical facility personnel 
                        and other persons seeking access to the 
                        chemical facility and that discourages abuse 
                        through established disciplinary measures.
                    ``(D) Methods to deter, detect, and delay a 
                chemical facility terrorist incident, creating 
                sufficient time between detection of a chemical 
                facility terrorist incident and the point at which the 
                chemical facility terrorist incident becomes 
                successful, including measures to--
                            ``(i) deter vehicles from penetrating the 
                        chemical facility perimeter, gaining 
                        unauthorized access to restricted areas, or 
                        otherwise presenting a hazard to potentially 
                        critical targets;
                            ``(ii) deter chemical facility terrorist 
                        incidents through visible, professional, well-
                        maintained security measures and systems, 
                        including security personnel, detection 
                        systems, barriers and barricades, and hardened 
                        or reduced value targets;
                            ``(iii) detect chemical facility terrorist 
                        incidents at early stages through counter-
                        surveillance, frustration of opportunity to 
                        observe potential targets, surveillance and 
                        sensing systems, and barriers and barricades; 
                        and
                            ``(iv) delay a chemical facility terrorist 
                        incident for a sufficient period of time so as 
                        to allow appropriate response through on-site 
                        security response, barriers and barricades, 
                        hardened targets, and well-coordinated response 
                        planning.
                    ``(E) Securing and monitoring the shipping, 
                receipt, and storage of a substance of concern for the 
                chemical facility.
                    ``(F) Deterring theft or diversion of a substance 
                of concern.
                    ``(G) Deterring insider sabotage.
                    ``(H) Deterring cyber sabotage, including by 
                preventing unauthorized onsite or remote access to 
                critical process controls, including supervisory 
                control and data acquisition systems, distributed 
                control systems, process control systems, industrial 
                control systems, critical business systems, and other 
                sensitive computerized systems.
                    ``(I) Developing and exercising an internal 
                emergency plan for owners, operators, and covered 
                individuals of a covered chemical facility for 
                responding to chemical facility terrorist incidents at 
                the facility, including the provision of appropriate 
                information to any local emergency planning committee, 
                local law enforcement officials, and emergency response 
                providers to ensure an effective, collective response 
                to terrorist incidents.
                    ``(J) Maintaining effective monitoring, 
                communications, and warning systems, including--
                            ``(i) measures designed to ensure that 
                        security systems and equipment are in good 
                        working order and inspected, tested, 
                        calibrated, and otherwise maintained;
                            ``(ii) measures designed to regularly test 
                        security systems, note deficiencies, correct 
                        for detected deficiencies, and record results 
                        so that they are available for inspection by 
                        the Secretary; and
                            ``(iii) measures to allow the chemical 
                        facility to promptly identify and respond to 
                        security system and equipment failures or 
                        malfunctions.
                    ``(K) Ensuring mandatory annual security training, 
                exercises, and drills of chemical facility personnel 
                appropriate to their roles, responsibilities, and 
                access to a substance of concern, including 
                participation by local law enforcement, and local 
                emergency response providers, and appropriate 
                supervisory and non-supervisory facility employees and 
                their employee representatives, if any.
                    ``(L) Performing personnel surety for individuals 
                with access to restricted areas or critical assets by 
                conducting appropriate background checks and ensuring 
                appropriate credentials for unescorted visitors and 
                chemical facility personnel, including permanent and 
                part-time personnel, temporary personnel, and contract 
                personnel, including--
                            ``(i) measures designed to verify and 
                        validate identity;
                            ``(ii) measures designed to check criminal 
                        history;
                            ``(iii) measures designed to verify and 
                        validate legal authorization to work; and
                            ``(iv) measures designed to identify people 
                        with terrorist ties.
                    ``(M) Escalating the level of protective measures 
                for periods of elevated threat.
                    ``(N) Specific threats, vulnerabilities, or risks 
                identified by the Secretary for that chemical facility.
                    ``(O) Reporting of significant security incidents 
                to the Secretary and to appropriate local law 
                enforcement officials.
                    ``(P) Identifying, investigating, reporting, and 
                maintaining records of significant security incidents 
                and suspicious activities at or near the covered 
                chemical facility.
                    ``(Q) Establishing one or more officials and an 
                organization responsible for--
                            ``(i) security;
                            ``(ii) compliance with the standards under 
                        this paragraph;
                            ``(iii) serving as the point of contact for 
                        incident management purposes with Federal, 
                        State, local, and tribal agencies, law 
                        enforcement, and emergency response providers; 
                        and
                            ``(iv) coordination with Federal, State, 
                        local, and tribal agencies, law enforcement, 
                        and emergency response providers regarding 
                        plans and security measures for the collective 
                        response to a chemical facility terrorist 
                        incident.
                    ``(R) Maintaining appropriate records relating to 
                the security of the facility, including a copy of the 
                most recent security vulnerability assessment and site 
                security plan, at the chemical facility.
                    ``(S) Assessing and, as appropriate, utilizing 
                methods to reduce the consequences of a terrorist 
                attack.
                    ``(T) Methods to recover or mitigate the release of 
                a substance of concern in the event of a chemical 
                facility terrorist incident.
                    ``(U) Any additional security performance standards 
                the Secretary may specify.
            ``(3) The term `chemical facility terrorist incident' means 
        any act or attempted act of terrorism or terrorist activity 
        committed at, near, or against a chemical facility, including--
                    ``(A) the release of a substance of concern from a 
                chemical facility;
                    ``(B) the theft, misappropriation, or misuse of a 
                substance of concern from a chemical facility; or
                    ``(C) the sabotage of a chemical facility or a 
                substance of concern at a chemical facility.
            ``(4) The term `employee representative' means the 
        representative of the certified or recognized bargaining agent 
        engaged in a collective bargaining relationship with a private 
        or public owner or operator of a chemical facility.
            ``(5) The term `covered individual' means a permanent, 
        temporary, full-time, or part-time employee of a covered 
        chemical facility or an employee of an entity with which the 
        covered chemical facility has entered into a contract who is 
        performing responsibilities at the facility pursuant to the 
        contract.
            ``(6) The term `covered chemical facility' means a chemical 
        facility that meets the criteria of section 2102(b)(1).
            ``(7) The term `environment' means--
                    ``(A) the navigable waters, the waters of the 
                contiguous zone, and the ocean waters of which the 
                natural resources are under the exclusive management 
                authority of the United States under the Magnuson-
                Stevens Fishery Conservation and Management Act (16 
                U.S.C. 1801 et seq.); and
                    ``(B) any other surface water, ground water, 
                drinking water supply, land surface or subsurface 
                strata, or ambient air within the United States or 
                under the jurisdiction of the United States.
            ``(8) The term `owner or operator' with respect to a 
        facility means any of the following:
                    ``(A) The person who owns the facility.
                    ``(B) The person who has responsibility for daily 
                operation of the facility.
                    ``(C) The person who leases the facility.
            ``(9) The term `person' means an individual, trust, firm, 
        joint stock company, corporation (including a government 
        corporation), partnership, association, State, municipality, 
        commission, political subdivision of a State, or any interstate 
        body and shall include each department, agency, and 
        instrumentality of the United States.
            ``(10) The term `release' means any spilling, leaking, 
        pumping, pouring, emitting, emptying, discharging, injecting, 
        escaping, leaching, dumping, or disposing into the environment 
        (including the abandonment or discarding of barrels, 
        containers, and other closed receptacles containing any 
        hazardous substance or pollutant or contaminant).
            ``(11) The term `substance of concern' means a chemical 
        substance in quantity and form that is so designated by the 
        Secretary under section 2102(a).
            ``(12) The term `method to reduce the consequences of a 
        terrorist attack' means a measure used at a chemical facility 
        that reduces or eliminates the potential consequences of a 
        chemical facility terrorist incident, including--
                    ``(A) the elimination or reduction in the amount of 
                a substance of concern possessed or planned to be 
                possessed by an owner or operator of a covered chemical 
                facility through the use of alternate substances, 
                formulations, or processes;
                    ``(B) the modification of pressures, temperatures, 
                or concentrations of a substance of concern; and
                    ``(C) the reduction or elimination of onsite 
                handling of a substance of concern through improvement 
                of inventory control or chemical use efficiency.
            ``(13) The term `academic laboratory' means a facility or 
        area owned by an institution of higher education (as defined 
        under section 101 of the Higher Education Act of 1965 (20 
        U.S.C. 1001)) or a non-profit research institute or teaching 
        hospital that has a formal affiliation with an institution of 
        higher education, including photo laboratories, art studios, 
        field laboratories, research farms, chemical stockrooms, and 
        preparatory laboratories, where relatively small quantities of 
        chemicals and other substances, as determined by the Secretary, 
        are used on a non-production basis for teaching, research, or 
        diagnostic purposes, and are stored and used in containers that 
        are typically manipulated by one person.

``SEC. 2102. RISK-BASED DESIGNATION AND RANKING OF CHEMICAL FACILITIES.

    ``(a) Substances of Concern.--
            ``(1) Designation by the secretary.--The Secretary may 
        designate any chemical substance as a substance of concern and 
        establish the threshold quantity for each such substance of 
        concern.
            ``(2) Matters for consideration.--In designating a chemical 
        substance or establishing or adjusting the threshold quantity 
        for a chemical substance under paragraph (1), the Secretary 
        shall consider the potential extent of death, injury, and 
        serious adverse effects to human health, the environment, 
        critical infrastructure, public health, homeland security, 
        national security, and the national economy that could result 
        from a chemical facility terrorist incident.
    ``(b) List of Covered Chemical Facilities.--
            ``(1) Criteria for list of facilities.--The Secretary shall 
        maintain a list of covered chemical facilities that the 
        Secretary determines are of sufficient security risk for 
        inclusion on the list based on the following criteria:
                    ``(A) The potential threat or likelihood that the 
                chemical facility will be the target of a chemical 
                facility terrorist incident.
                    ``(B) The potential extent and likelihood of death, 
                injury, or serious adverse effects to human health, the 
                environment, critical infrastructure, public health, 
                homeland security, national security, and the national 
                economy that could result from a chemical facility 
                terrorist incident.
                    ``(C) The proximity of the chemical facility to 
                large population centers.
            ``(2) Submission of information.--The Secretary may require 
        the submission of information with respect to the quantities of 
        substances of concern that an owner or operator of a chemical 
        facility possesses or plans to possess in order to determine 
        whether to designate a chemical facility as a covered chemical 
        facility for purposes of this title.
    ``(c) Assignment of Chemical Facilities to Risk-Based Tiers.--
            ``(1) Assignment.--The Secretary shall assign each covered 
        chemical facility to one of four risk-based tiers established 
        by the Secretary, with tier one representing the highest degree 
        of risk and tier four the lowest degree of risk.
            ``(2) Provision of information.--The Secretary may request, 
        and the owner or operator of a covered chemical facility shall 
        provide, any additional information beyond any information 
        required to be submitted under subsection (b)(2) that may be 
        necessary for the Secretary to assign the chemical facility to 
        the appropriate tier under paragraph (1).
            ``(3) Notification.--Not later than 60 days after the date 
        on which the Secretary determines that a chemical facility is a 
        covered chemical facility or is no longer a covered chemical 
        facility or changes the tier assignment under paragraph (1) of 
        a covered chemical facility, the Secretary shall notify the 
        owner or operator of that chemical facility of that 
        determination or change together with the reason for the 
        determination or change and, upon the request of the owner or 
        operator of a covered chemical facility, provide to the owner 
        or operator of the covered chemical facility the following 
        information:
                    ``(A) The number of individuals at risk of death, 
                injury, or severe adverse effects to human health as a 
                result of a worst case chemical facility terrorist 
                incident at the covered chemical facility.
                    ``(B) Information related to the criticality of the 
                covered chemical facility.
                    ``(C) The proximity or interrelationship of the 
                covered chemical facility to other critical 
                infrastructure.
    ``(d) Requirement for Review.--The Secretary--
            ``(1) shall periodically review--
                    ``(A) the designation of a chemical substance as a 
                substance of concern and the threshold quantity for the 
                substance under subsection (a)(1); and
                    ``(B) the criteria under subsection (b)(1); and
            ``(2) may, at any time, determine whether a chemical 
        facility is a covered chemical facility or change the tier to 
        which such a facility is assigned under subsection (c)(1).
    ``(e) Provision of Threat-related Information.--In order to 
effectively assess the vulnerabilities to a covered chemical facility, 
the Secretary shall provide to the owner, operator, or security officer 
of a covered chemical facility threat information regarding probable 
threats to the facility and methods that could be used in a chemical 
facility terrorist incident.

``SEC. 2103. SECURITY VULNERABILITY ASSESSMENTS AND SITE SECURITY 
              PLANS.

    ``(a) In General.--
            ``(1) Requirement.--The Secretary shall--
                    ``(A) establish standards, protocols, and 
                procedures for security vulnerability assessments and 
                site security plans to be required for covered chemical 
                facilities;
                    ``(B) require the owner or operator of each covered 
                chemical facility to--
                            ``(i) conduct an assessment of the 
                        vulnerability of the covered chemical facility 
                        to a range of chemical facility terrorist 
                        incidents, including an incident that results 
                        in a worst-case release of a substance of 
                        concern, and submit such assessment to the 
                        Secretary;
                            ``(ii) prepare and implement a site 
                        security plan for that covered chemical 
                        facility that addresses the security 
                        vulnerability assessment and meets the risk-
                        based chemical security performance standards 
                        under subsection (c) and submit such plan to 
                        the Secretary;
                            ``(iii) include at least one supervisory 
                        and at least one non-supervisory employee of 
                        the covered chemical facility, and at least one 
                        employee representative from each bargaining 
                        agent at the covered chemical facility, if any, 
                        in developing the security vulnerability 
                        assessment and site security plan required 
                        under this section; and
                            ``(iv) include, with the submission of a 
                        security vulnerability assessment and the site 
                        security plan of the covered chemical facility 
                        under this section, a signed statement by the 
                        owner or operator of the covered chemical 
                        facility that certifies that the submission is 
                        provided to the Secretary with knowledge of the 
                        penalty provisions under section 2107;
                    ``(C) set deadlines, by tier, for the completion of 
                security vulnerability assessments and site security 
                plans;
                    ``(D) upon request, as necessary, and to the extent 
                that resources permit, provide technical assistance to 
                a covered chemical facility conducting a vulnerability 
                assessment or site security plan required under this 
                section;
                    ``(E) establish specific deadlines and requirements 
                for the submission by a covered chemical facility of 
                information describing--
                            ``(i) any change in the use by the covered 
                        chemical facility of more than a threshold 
                        amount of any substance of concern that may 
                        affect the requirements of the chemical 
                        facility under this title; or
                            ``(ii) any material modification to a 
                        covered chemical facility's operations or site 
                        that may affect the security vulnerability 
                        assessment or site security plan submitted by 
                        the covered chemical facility;
                    ``(F) require the owner or operator of a covered 
                chemical facility to review and resubmit a security 
                vulnerability assessment or site security plan not less 
                frequently than once every 5 years;
                    ``(G) not later than 180 days after the date on 
                which the Secretary receives a security vulnerability 
                assessment or site security plan under this title, 
                review and approve or disapprove such assessment or 
                plan and notify the covered chemical facility of such 
                approval or disapproval; and
                    ``(H) establish, as appropriate, modified or 
                separate standards, protocols, and procedures for 
                security vulnerability assessments and site security 
                plans for covered chemical facilities that are also 
                academic laboratories.
            ``(2) Inherently governmental function.--The approval or 
        disapproval of a security vulnerability assessment or site 
        security plan under this section is an inherently governmental 
        function.
    ``(b) Participation in Preparation of Security Vulnerability 
Assessments or Site Security Plans.--Any person selected by the owner 
or operator of a covered chemical facility or by a certified or 
recognized bargaining agent of a covered chemical facility to 
participate in the development of the security vulnerability assessment 
or site security plan required under this section for such covered 
chemical facility shall be permitted to participate if the person 
possesses knowledge, experience, training, or education relevant to the 
portion of the security vulnerability assessment or site security plan 
on which the person is participating.
    ``(c) Risk-based Chemical Security Performance Standards.--The 
Secretary shall establish risk-based chemical security performance 
standards for the site security plans required to be prepared by 
covered chemical facilities. In establishing such standards, the 
Secretary shall--
            ``(1) require separate and, as appropriate, increasingly 
        stringent risk-based chemical security performance standards 
        for site security plans as the level of risk associated with 
        the tier increases; and
            ``(2) permit each covered chemical facility submitting a 
        site security plan to select a combination of security measures 
        that satisfy the risk-based chemical security performance 
        standards established by the Secretary under this subsection.
    ``(d) Co-Located Chemical Facilities.--The Secretary may allow an 
owner or operator of a covered chemical facility that is located 
geographically close, as determined by the Secretary, to another 
covered chemical facility to develop and implement coordinated security 
vulnerability assessments and site security plans.
    ``(e) Alternate Security Programs Satisfying Requirements for 
Security Vulnerability Assessment and Site Security Plan.--
            ``(1) Acceptance of program.--In response to a request by 
        an owner or operator of a covered chemical facility, the 
        Secretary may accept an alternate security program submitted by 
        the owner or operator of the facility as a component of the 
        security vulnerability assessment or site security plan 
        required under this section, if the Secretary determines that 
        such alternate security program, in combination with other 
        components of the security vulnerability assessment and site 
        security plan submitted by the owner or operator of the 
        facility--
                    ``(A) meets the requirements of this title and the 
                regulations promulgated pursuant to this title;
                    ``(B) provides an equivalent level of security to 
                the level of security established pursuant to the 
                regulations promulgated pursuant to this title; and
                    ``(C) includes employee participation as required 
                under subsection (a)(1)(B)(iii).
            ``(2) Secretarial review required.--Nothing in this 
        subsection shall relieve the Secretary of the obligation--
                    ``(A) to review a security vulnerability assessment 
                and site security plan submitted by a covered chemical 
                facility under this section; and
                    ``(B) to approve or disapprove each such assessment 
                or plan on an individual basis according to the 
                deadlines established under subsection (a).
            ``(3) Covered facility's obligations unaffected.--Nothing 
        in this subsection shall relieve any covered chemical facility 
        of the obligation and responsibility to comply with all of the 
        requirements of this title.
            ``(4) Personnel surety alternate security program.--In 
        response to an application from a non-profit, personnel surety 
        accrediting organization acting on behalf of, and with written 
        authorization from, the owner or operator of a covered chemical 
        facility, the Secretary may accept a personnel surety alternate 
        security program that meets the requirements of section 2115 
        and provides for a background check process that is--
                    ``(A) expedited, affordable, reliable, and 
                accurate;
                    ``(B) fully protective of the rights of covered 
                individuals through procedures that are consistent with 
                the privacy protections available under the Fair Credit 
                Reporting Act (15 U.S.C. 1681 et seq.); and
                    ``(C) a single background check consistent with a 
                risk-based tiered program.
    ``(f) Other Authorities.--
            ``(1) Regulation of maritime facilities.--
                    ``(A) Risk-based tiering.--Notwithstanding any 
                other provision of law, the owner or operator of a 
                chemical facility required to submit a facility 
                security plan under section 70103(c) of title 46, 
                United States Code, shall be required to submit 
                information to the Secretary necessary to determine 
                whether to designate such a facility as a covered 
                chemical facility and to assign the facility to a risk-
                based tier under section 2102 of this title.
                    ``(B) Additional measures.--In the case of a 
                facility designated as a covered chemical facility 
                under this title for which a facility security plan is 
                required to be submitted under section 70103(c) of 
                title 46, United States Code, the Commandant of the 
                Coast Guard, after consultation with the Secretary, 
                shall require the owner or operator of such facility to 
                update the vulnerability assessments and facility 
                security plans required under that section, if 
                necessary, to ensure an equivalent level of security 
                for substances of concern, including the requirements 
                under section 2111, in the same manner as other covered 
                chemical facilities in this title.
                    ``(C) Personnel surety.--
                            ``(i) Exception.--A facility designated as 
                        a covered chemical facility under this title 
                        that has had its facility security plan 
                        approved under section 70103(c) of title 46, 
                        United States Code, shall not be required to 
                        update or amend such plan in order to meet the 
                        requirements of section 2115 of this title.
                            ``(ii) Equivalent access.--An individual 
                        described in section 2115(a)(1)(B) who has been 
                        granted access to restricted areas or critical 
                        assets by the owner or operator of a facility 
                        for which a security plan is required to be 
                        submitted under section 70103(c) of title 46, 
                        United States Code, may be considered by that 
                        owner or operator to have satisfied the 
                        requirement for passing a security background 
                        check otherwise required under section 2115 for 
                        purposes of granting the individual access to 
                        restricted areas or critical assets of a 
                        covered chemical facility that is owned or 
                        operated by the same owner or operator.
                    ``(D) Information sharing and protection.--
                Notwithstanding section 70103(d) of title 46, United 
                States Code, the Commandant of the Coast Guard, after 
                consultation with the Secretary, shall apply the 
                information sharing and protection requirements in 
                section 2110 of this title to a facility described in 
                subparagraph (B).
                    ``(E) Enforcement.--The Secretary shall establish, 
                by rulemaking, procedures to ensure that an owner or 
                operator of a covered chemical facility required to 
                update the vulnerability assessment and facility 
                security plan for the facility under subparagraph (B) 
                is in compliance with the requirements of this title.
                    ``(F) Formal agreement.--The Secretary shall--
                            ``(i) require the Office of Infrastructure 
                        Protection and the Coast Guard to enter into a 
                        formal agreement detailing their respective 
                        roles and responsibilities in carrying out the 
                        requirements of this title, which shall ensure 
                        that the enforcement and compliance 
                        requirements under this title and section 70103 
                        of title 46, United States Code, are not 
                        conflicting or duplicative; and
                            ``(ii) designate the agency responsible for 
                        enforcing the requirements of this title with 
                        respect to covered chemical facilities for 
                        which facility security plans are required to 
                        be submitted under section 70103(c) of title 
                        46, United States Code, consistent with the 
                        requirements of subparagraphs (B) and (D).
            ``(2) Coordination of storage licensing or permitting 
        requirement.--In the case of any storage required to be 
        licensed or permitted under chapter 40 of title 18, United 
        States Code, the Secretary shall prescribe the rules and 
        regulations for the implementation of this section with the 
        concurrence of the Attorney General and avoid unnecessary 
        duplication of regulatory requirements.
    ``(g) Role of Employees.--
            ``(1) Description of role required.--Site security plans 
        required under this section shall describe the roles or 
        responsibilities that covered individuals are expected to 
        perform to deter or respond to a chemical facility terrorist 
        incident.
            ``(2) Annual training for employees.--The owner or operator 
        of a covered chemical facility required to submit a site 
        security plan under this section shall annually provide each 
        covered individual with a role or responsibility referred to in 
        paragraph (1) at the facility with a minimum of 8 hours of 
        training. Such training shall, as relevant to the role or 
        responsibility of such covered individual--
                    ``(A) include an identification and discussion of 
                substances of concern;
                    ``(B) include a discussion of possible consequences 
                of a chemical facility terrorist incident;
                    ``(C) review and exercise the covered chemical 
                facility's site security plan, including any 
                requirements for differing threat levels;
                    ``(D) include a review of information protection 
                requirements;
                    ``(E) include a discussion of physical and cyber 
                security equipment, systems, and methods used to 
                achieve chemical security performance standards;
                    ``(F) allow training with other relevant 
                participants, including Federal, State, local, and 
                tribal authorities, and first responders, where 
                appropriate;
                    ``(G) use existing national voluntary consensus 
                standards, chosen jointly with employee 
                representatives, if any;
                    ``(H) allow instruction through government training 
                programs, chemical facilities, academic institutions, 
                nonprofit organizations, industry and private 
                organizations, employee organizations, and other 
                relevant entities that provide such training;
                    ``(I) use multiple training media and methods; and
                    ``(J) include a discussion of appropriate emergency 
                response procedures, including procedures to mitigate 
                the effects of a chemical facility terrorist incident.
            ``(3) Equivalent training.--During any year, with respect 
        to any covered individual with roles or responsibilities under 
        paragraph (1), an owner or operator of a covered chemical 
        facility may satisfy any of the training requirements for such 
        covered individual under subparagraph (A), (B), (C), (D), (E), 
        or (J) of paragraph (2) through training that such owner or 
        operator certifies, in a manner prescribed by the Secretary, is 
        equivalent.
            ``(4) Worker training grant program.--
                    ``(A) Authority.--The Secretary shall establish a 
                grant program to award grants to or enter into 
                cooperative agreements with eligible entities to 
                provide for the training and education of covered 
                individuals with roles or responsibilities described in 
                paragraph (1) and first responders and emergency 
                response providers who would respond to a chemical 
                facility terrorist incident.
                    ``(B) Administration.--The Secretary shall seek to 
                enter into an agreement with the Director of the 
                National Institute for Environmental Health Sciences, 
                or with the head of another Federal or State agency, to 
                make and administer grants or cooperative agreements 
                under this paragraph.
                    ``(C) Use of funds.--The recipient of funds under 
                this paragraph shall use such funds to provide for the 
                training and education of covered individuals with 
                roles or responsibilities described in paragraph (1), 
                first responders, and emergency response providers, 
                including--
                            ``(i) the annual mandatory training 
                        specified in paragraph (2); and
                            ``(ii) other appropriate training to 
                        protect nearby persons, property, critical 
                        infrastructure, or the environment from the 
                        effects of a chemical facility terrorist 
                        incident.
                    ``(D) Eligible entities.--For purposes of this 
                paragraph, an eligible entity is a nonprofit 
                organization with demonstrated experience in 
                implementing and operating successful worker or first 
                responder health and safety or security training 
                programs.
                    ``(E) Presumption of congress relating to 
                competitive procedures.--
                            ``(i) Presumption.--It is the presumption 
                        of Congress that grants awarded under this 
                        paragraph will be awarded using competitive 
                        procedures based on merit.
                            ``(ii) Report to congress.--If grants are 
                        awarded under this paragraph using procedures 
                        other than competitive procedures, the 
                        Secretary shall submit to Congress a report 
                        explaining why competitive procedures were not 
                        used.
                    ``(F) Prohibition on earmarks.--None of the funds 
                appropriated to carry out this paragraph may be used 
                for a congressional earmark as defined in clause 9d, of 
                Rule XXI of the rules of the House of Representatives 
                of the 111th Congress.
    ``(h) State, Regional, or Local Governmental Entities.--No covered 
chemical facility shall be required under State, local, or tribal law 
to provide a vulnerability assessment or site security plan described 
under this title to any State, regional, local, or tribal government 
entity solely by reason of the requirement under subsection (a) that 
the covered chemical facility submit such an assessment and plan to the 
Secretary.

``SEC. 2104. SITE INSPECTIONS.

    ``(a) Right of Entry.--For purposes of carrying out this title, the 
Secretary shall have, at a reasonable time and on presentation of 
credentials, a right of entry to, on, or through any property of a 
covered chemical facility or any property on which any record required 
to be maintained under this section is located.
    ``(b) Inspections and Verifications.--
            ``(1) In general.--The Secretary shall, at such time and 
        place as the Secretary determines to be reasonable and 
        appropriate, conduct chemical facility security inspections and 
        verifications.
            ``(2) Requirements.--To ensure and evaluate compliance with 
        this title, including any regulations or requirements adopted 
        by the Secretary in furtherance of the purposes of this title, 
        in conducting an inspection or verification under paragraph 
        (1), the Secretary shall have access to the owners, operators, 
        employees, and employee representatives, if any, of a covered 
        chemical facility.
    ``(c) Unannounced Inspections.--In addition to any inspection 
conducted pursuant to subsection (b), the Secretary shall require 
covered chemical facilities assigned to tier 1 and tier 2 under section 
2102(c)(1) to undergo unannounced facility inspections. The inspections 
required under this subsection shall be--
            ``(1) conducted without prior notice to the facility;
            ``(2) designed to evaluate at the chemical facility 
        undergoing inspection--
                    ``(A) the ability of the chemical facility to 
                prevent a chemical facility terrorist incident that the 
                site security plan of the facility is intended to 
                prevent;
                    ``(B) the ability of the chemical facility to 
                protect against security threats that are required to 
                be addressed by the site security plan of the facility; 
                and
                    ``(C) any weaknesses in the site security plan of 
                the chemical facility;
            ``(3) conducted so as not to affect the actual security, 
        physical integrity, safety, or regular operations of the 
        chemical facility or its employees while the inspection is 
        conducted; and
            ``(4) conducted--
                    ``(A) every two years in the case of a covered 
                chemical facility assigned to tier 1; and
                    ``(B) every four years in the case of a covered 
                chemical facility assigned to tier 2.
    ``(d) Chemical Facility Inspectors Authorized.--During fiscal years 
2011 and 2012, subject to the availability of appropriations for such 
purpose, the Secretary shall increase by not fewer than 100 the total 
number of chemical facility inspectors within the Department to ensure 
compliance with this title.
    ``(e) Confidential Communications.--The Secretary shall offer non-
supervisory employees the opportunity to confidentially communicate 
information relevant to the employer's compliance or non-compliance 
with this title, including compliance or non-compliance with any 
regulation or requirement adopted by the Secretary in furtherance of 
the purposes of this title. An employee representative of each 
certified or recognized bargaining agent at the covered chemical 
facility, if any, or, if none, a non-supervisory employee, shall be 
given the opportunity to accompany the Secretary during a physical 
inspection of such covered chemical facility for the purpose of aiding 
in such inspection, if representatives of the owner or operator of the 
covered chemical facility will also be accompanying the Secretary on 
such inspection.

``SEC. 2105. RECORDS.

    ``(a) Request for Records.--In carrying out this title, the 
Secretary may require submission of, or on presentation of credentials 
may at reasonable times obtain access to and copy, any records, 
including any records maintained in electronic format, necessary for--
            ``(1) reviewing or analyzing a security vulnerability 
        assessment or site security plan submitted under section 2103; 
        or
            ``(2) assessing the implementation of such a site security 
        plan.
    ``(b) Proper Handling of Records.--In accessing or copying any 
records under subsection (a), the Secretary shall ensure that such 
records are handled and secured appropriately in accordance with 
section 2110.

``SEC. 2106. TIMELY SHARING OF THREAT INFORMATION.

    ``(a) Responsibilities of Secretary.--Upon the receipt of 
information concerning a threat that is relevant to a certain covered 
chemical facility, the Secretary shall provide such information in a 
timely manner, to the maximum extent practicable under applicable 
authority and in the interests of national security, to the owner, 
operator, or security officer of that covered chemical facility, to a 
representative of each recognized or certified bargaining agent at the 
facility, if any, and to relevant State, local, and tribal authorities, 
including the State Homeland Security Advisor, if any.
    ``(b) Responsibilities of Owner or Operator.--The Secretary shall 
require the owner or operator of a covered chemical facility to provide 
to the Secretary in a timely manner, information concerning a threat 
about any significant security incident or threat to the covered 
chemical facility or any intentional or unauthorized penetration of the 
physical security or cyber security of the covered chemical facility 
whether successful or unsuccessful.

``SEC. 2107. ENFORCEMENT.

    ``(a) Review of Security Vulnerability Assessment and Site Security 
Plan.--
            ``(1) Disapproval.--The Secretary shall disapprove a 
        security vulnerability assessment or site security plan 
        submitted under this title if the Secretary determines, in his 
        or her discretion, that--
                    ``(A) the security vulnerability assessment or site 
                security plan does not comply with the standards, 
                protocols, or procedures under section 2103(a)(1)(A); 
                or
                    ``(B) in the case of a site security plan--
                            ``(i) the plan or the implementation of the 
                        plan is insufficient to address vulnerabilities 
                        identified in a security vulnerability 
                        assessment, site inspection, or unannounced 
                        inspection of the covered chemical facility; or
                            ``(ii) the plan fails to meet all 
                        applicable chemical facility security 
                        performance standards.
            ``(2) Notification of disapproval.--If the Secretary 
        disapproves the security vulnerability assessment or site 
        security plan submitted by a covered chemical facility under 
        this title or the implementation of a site security plan by 
        such a chemical facility, the Secretary shall provide the owner 
        or operator of the covered chemical facility a written 
        notification of the disapproval not later than 14 days after 
        the date on which the Secretary disapproves such assessment or 
        plan, that--
                    ``(A) includes a clear explanation of deficiencies 
                in the assessment, plan, or implementation of the plan; 
                and
                    ``(B) requires the owner or operator of the covered 
                chemical facility to revise the assessment or plan to 
                address any deficiencies and, by such date as the 
                Secretary determines is appropriate, to submit to the 
                Secretary the revised assessment or plan.
    ``(b) Remedies.--
            ``(1) Order for compliance.--Whenever the Secretary 
        determines that the owner or operator of a covered chemical 
        facility has violated or is in violation of any requirement of 
        this title or has failed or is failing to address any 
        deficiencies in the assessment, plan, or implementation of the 
        plan by such date as the Secretary determines to be 
        appropriate, the Secretary may--
                    ``(A) after providing notice to the owner or 
                operator of the covered chemical facility and an 
                opportunity, pursuant to the regulations issued under 
                this title, for such owner or operator to seek 
                departmental review of the Secretary's determination, 
                issue an order assessing an administrative penalty of 
                not more than $25,000 for each day on which a past or 
                current violation occurs or a failure to comply 
                continues, requiring compliance immediately or within a 
                specified time period, or both; or
                    ``(B) in a civil action, obtain appropriate 
                equitable relief, a civil penalty of not more than 
                $25,000 for each day on which a past or current 
                violation occurs or a failure to comply continues, or 
                both.
            ``(2) Order to cease operations.--Whenever the Secretary 
        determines that the owner or operator of a covered chemical 
        facility continues to be in noncompliance after an order for 
        compliance is issued under paragraph (1), the Secretary may 
        issue an order to the owner or operator to cease operations at 
        the facility until compliance is achieved to the satisfaction 
        of the Secretary.
    ``(c) Applicability of Penalties.--A penalty under subsection 
(b)(1) may be awarded for any violation of this title, including a 
violation of the whistleblower protections under section 2108.

``SEC. 2108. WHISTLEBLOWER PROTECTIONS.

    ``(a) Establishment.--The Secretary shall establish and provide 
information to the public regarding a process by which any person may 
submit a report to the Secretary regarding problems, deficiencies, or 
vulnerabilities at a covered chemical facility associated with the risk 
of a chemical facility terrorist incident.
    ``(b) Confidentiality.--The Secretary shall keep confidential the 
identity of a person who submits a report under subsection (a), and any 
such report shall be treated as protected information under section 
2110 to the extent that it does not consist of publicly available 
information.
    ``(c) Acknowledgment of Receipt.--If a report submitted under 
subsection (a) identifies the person submitting the report, the 
Secretary shall respond promptly to such person to acknowledge receipt 
of the report.
    ``(d) Steps to Address Problems.--The Secretary shall review and 
consider the information provided in any report submitted under 
subsection (a) and shall, as necessary, take appropriate steps under 
this title to address any problem, deficiency, or vulnerability 
identified in the report.
    ``(e) Retaliation Prohibited.--
            ``(1) Prohibition.--No owner or operator of a covered 
        chemical facility, for-profit or not-for-profit corporation, 
        association, or any contractor, subcontractor or agent thereof, 
        may discharge any employee or otherwise discriminate against 
        any employee with respect to the employee's compensation, 
        terms, conditions, or other privileges of employment because 
        the employee (or any person acting pursuant to a request of the 
        employee)--
                    ``(A) notified the Secretary, the owner or operator 
                of a covered chemical facility, or the employee's 
                employer of an alleged violation of this title, 
                including notification of such an alleged violation 
                through communications related to carrying out the 
                employee's job duties;
                    ``(B) refused to participate in any conduct that 
                the employee reasonably believes is in noncompliance 
                with a requirement of this title, if the employee has 
                identified the alleged noncompliance to the employer;
                    ``(C) testified before or otherwise provided 
                information relevant for Congress or for any Federal or 
                State proceeding regarding any provision (or proposed 
                provision) of this title;
                    ``(D) commenced, caused to be commenced, or is 
                about to commence or cause to be commenced a proceeding 
                under this title;
                    ``(E) testified or is about to testify in any such 
                proceeding; or
                    ``(F) assisted or participated or is about to 
                assist or participate in any manner in such a 
                proceeding or in any other manner in such a proceeding 
                or in any other action to carry out the purposes of 
                this title.
            ``(2) Enforcement action.--Any employee covered by this 
        section who alleges discrimination by an employer in violation 
        of paragraph (1) may bring an action governed by the rules and 
        procedures, legal burdens of proof, and remedies applicable 
        under subsections (d) through (h) of section 20109 of title 49, 
        United States Code. A party may seek district court review as 
        set forth in subsection (d)(3) of such section not later than 
        90 days after receiving a written final determination by the 
        Secretary of Labor.
            ``(3) Prohibited personnel practices affecting the 
        department.--
                    ``(A) In general.--Notwithstanding any other 
                provision of law, any individual holding or applying 
                for a position within the Department shall be covered 
                by--
                            ``(i) paragraphs (1), (8), and (9) of 
                        section 2302(b) of title 5, United States Code;
                            ``(ii) any provision of law implementing 
                        any of such paragraphs by providing any right 
                        or remedy available to an employee or applicant 
                        for employment in the civil service; and
                            ``(iii) any rule or regulation prescribed 
                        under any such paragraph.
                    ``(B) Rule of construction.--Nothing in this 
                paragraph shall be construed to affect any rights, 
                apart from those referred to in subparagraph (A), to 
                which an individual described in that subparagraph 
                might otherwise be entitled to under law.

``SEC. 2109. FEDERAL PREEMPTION.

    ``This title does not preclude or deny any right of any State or 
political subdivision thereof to adopt or enforce any regulation, 
requirement, or standard of performance with respect to a covered 
chemical facility that is more stringent than a regulation, 
requirement, or standard of performance issued under this title, or 
otherwise impair any right or jurisdiction of any State or political 
subdivision thereof with respect to covered chemical facilities within 
that State or political subdivision thereof.

``SEC. 2110. PROTECTION OF INFORMATION.

    ``(a) Prohibition of Public Disclosure of Protected Information.--
Protected information, as described in subsection (g)--
            ``(1) shall be exempt from disclosure under section 552 of 
        title 5, United States Code; and
            ``(2) shall not be made available pursuant to any State, 
        local, or tribal law requiring disclosure of information or 
        records.
    ``(b) Information Sharing.--
            ``(1) In general.--The Secretary shall prescribe such 
        regulations, and may issue such orders, as necessary to 
        prohibit the unauthorized disclosure of protected information, 
        as described in subsection (g).
            ``(2) Sharing of protected information.--The regulations 
        under paragraph (1) shall provide standards for and facilitate 
        the appropriate sharing of protected information with and 
        between Federal, State, local, and tribal authorities, 
        emergency response providers, law enforcement officials, 
        designated supervisory and nonsupervisory covered chemical 
        facility personnel with security, operational, or fiduciary 
        responsibility for the facility, and designated facility 
        employee representatives, if any. Such standards shall include 
        procedures for the sharing of all portions of a covered 
        chemical facility's vulnerability assessment and site security 
        plan relating to the roles and responsibilities of covered 
        individuals under section 2103(g)(1) with a representative of 
        each certified or recognized bargaining agent representing such 
        covered individuals, if any, or, if none, with at least one 
        supervisory and at least one non-supervisory employee with 
        roles or responsibilities under section 2103(g)(1).
            ``(3) Penalties.--Protected information, as described in 
        subsection (g), shall not be shared except in accordance with 
        the regulations under paragraph (1). Whoever discloses 
        protected information in knowing violation of the regulations 
        and orders issued under paragraph (1) shall be fined under 
        title 18, United States Code, imprisoned for not more than one 
        year, or both, and, in the case of a Federal officeholder or 
        employee, shall be removed from Federal office or employment.
    ``(c) Treatment of Information in Adjudicative Proceedings.--In any 
judicial or administrative proceeding, protected information described 
in subsection (g) shall be treated in a manner consistent with the 
treatment of sensitive security information under section 525 of the 
Department of Homeland Security Appropriations Act, 2007 (Public Law 
109-295; 120 Stat. 1381).
    ``(d) Other Obligations Unaffected.--Except as provided in section 
2103(h), nothing in this section affects any obligation of the owner or 
operator of a chemical facility under any other law to submit or make 
available information required by such other law to facility employees, 
employee organizations, or a Federal, State, tribal, or local 
government.
    ``(e) Submission of Information to Congress.--Nothing in this title 
shall permit or authorize the withholding of information from Congress 
or any committee or subcommittee thereof.
    ``(f) Disclosure of Independently Furnished Information.--Nothing 
in this title shall affect any authority or obligation of a Federal, 
State, local, or tribal government agency to protect or disclose any 
record or information that the Federal, State, local, or tribal 
government agency obtains from a chemical facility under any other law.
    ``(g) Protected Information.--
            ``(1) In general.--For purposes of this title, the term 
        `protected information' means any of the following:
                    ``(A) Security vulnerability assessments and site 
                security plans, including any assessment required under 
                section 2111.
                    ``(B) Portions of the following documents, records, 
                orders, notices, or letters that the Secretary has 
                determined by regulation would be detrimental to 
                chemical facility security if disclosed and that are 
                developed by the Secretary or the owner or operator of 
                a covered chemical facility for the purposes of this 
                title:
                            ``(i) Documents directly related to the 
                        Secretary's review and approval or disapproval 
                        of vulnerability assessments and site security 
                        plans under this title.
                            ``(ii) Documents directly related to 
                        inspections and audits under this title.
                            ``(iii) Orders, notices, or letters 
                        regarding the compliance of a covered chemical 
                        facility with the requirements of this title.
                            ``(iv) Information, documents, or records 
                        required to be provided to or created by the 
                        Secretary under subsection (b) or (c) of 
                        section 2102.
                            ``(v) Documents directly related to 
                        security drills and training exercises, 
                        security threats and breaches of security, and 
                        maintenance, calibration, and testing of 
                        security equipment.
                    ``(C) Other information, documents, or records 
                developed exclusively for the purposes of this title 
                that the Secretary has determined by regulation would, 
                if disclosed, be detrimental to chemical facility 
                security.
            ``(2) Exclusions.--Notwithstanding paragraph (1), the term 
        `protected information' does not include--
                    ``(A) information, other than a security 
                vulnerability assessment or site security plan, that 
                the Secretary has determined by regulation to be--
                            ``(i) appropriate to describe facility 
                        compliance with the requirements of this title 
                        and the Secretary's implementation of such 
                        requirements; and
                            ``(ii) not detrimental to chemical facility 
                        security if disclosed; or
                    ``(B) information, whether or not also contained in 
                a security vulnerability assessment, site security 
                plan, or in a document, record, order, notice, or 
                letter, or portion thereof, described in subparagraph 
                (B) or (C) of paragraph (1), that is obtained from 
                another source with respect to which the Secretary has 
                not made a determination under either such 
                subparagraph, including--
                            ``(i) information that is required to be 
                        made publicly available under any other 
                        provision of law; and
                            ``(ii) information that a chemical facility 
                        has lawfully disclosed other than in a 
                        submission to the Secretary pursuant to a 
                        requirement of this title.

``SEC. 2111. METHODS TO REDUCE THE CONSEQUENCES OF A TERRORIST ATTACK.

    ``(a) Assessment Required.--
            ``(1) Assessment.--The owner or operator of a covered 
        chemical facility shall include in the site security plan 
        conducted pursuant to section 2103, an assessment of methods to 
        reduce the consequences of a terrorist attack on that chemical 
        facility, including--
                    ``(A) a description of the methods to reduce the 
                consequences of a terrorist attack implemented and 
                considered for implementation by the covered chemical 
                facility;
                    ``(B) the degree to which each method to reduce the 
                consequences of a terrorist attack, if already 
                implemented, has reduced, or, if implemented, could 
                reduce, the potential extent of death, injury, or 
                serious adverse effects to human health resulting from 
                a release of a substance of concern;
                    ``(C) the technical feasibility, costs, avoided 
                costs (including liabilities), personnel implications, 
                savings, and applicability of implementing each method 
                to reduce the consequences of a terrorist attack; and
                    ``(D) any other information that the owner or 
                operator of the covered chemical facility considered in 
                conducting the assessment.
            ``(2) Feasible.--For the purposes of this section, the term 
        `feasible' means feasible with the use of best technology, 
        techniques, and other means that the Secretary finds, after 
        examination for efficacy under field conditions and not solely 
        under laboratory conditions, are available for use at the 
        covered chemical facility.
    ``(b) Implementation.--
            ``(1) Implementation.--
                    ``(A) In general.--The owner or operator of a 
                covered chemical facility that is assigned to tier 1 or 
                tier 2 because of the potential extent and likelihood 
                of death, injury, and serious adverse effects to human 
                health, the environment, critical infrastructure, 
                public health, homeland security, national security, 
                and the national economy from a release of a substance 
                of concern at the covered chemical facility, shall 
                implement methods to reduce the consequences of a 
                terrorist attack on the chemical facility if the 
                Director of the Office of Chemical Facility Security 
                determines, in his or her discretion, using the 
                assessment conducted pursuant to subsection (a), that 
                the implementation of such methods at the facility--
                            ``(i) would significantly reduce the risk 
                        of death, injury, or serious adverse effects to 
                        human health resulting from a chemical facility 
                        terrorist incident but--
                                    ``(I) would not increase the 
                                interim storage of a substance of 
                                concern outside the facility;
                                    ``(II) would not directly result in 
                                the creation of a new covered chemical 
                                facility assigned to tier 1 or tier 2 
                                because of the potential extent and 
                                likelihood of death, injury, and 
                                serious adverse effects to human 
                                health, the environment, critical 
                                infrastructure, public health, homeland 
                                security, national security, and the 
                                national economy from a release of a 
                                substance of concern at the covered 
                                chemical facility;
                                    ``(III) would not result in the 
                                reassignment of an existing covered 
                                chemical facility from tier 3 or tier 4 
                                to tier 1 or tier 2 because of the 
                                potential extent and likelihood of 
                                death, injury, and serious adverse 
                                effects to human health, the 
                                environment, critical infrastructure, 
                                public health, homeland security, 
                                national security, and the national 
                                economy from a release of a substance 
                                of concern at the covered chemical 
                                facility; and
                                    ``(IV) would not significantly 
                                increase the potential extent and 
                                likelihood of death, injury, and 
                                serious adverse effects to human 
                                health, the environment, critical 
                                infrastructure, public health, homeland 
                                security, national security, and the 
                                national economy from a release of a 
                                substance of concern due to a terrorist 
                                attack on the transportation 
                                infrastructure of the United States;
                            ``(ii) can feasibly be incorporated into 
                        the operation of the covered chemical facility; 
                        and
                            ``(iii) would not significantly and 
                        demonstrably impair the ability of the owner or 
                        operator of the covered chemical facility to 
                        continue the business of the facility at its 
                        location.
                    ``(B) Written determination.--A determination by 
                the Director of the Office of Chemical Facility 
                Security pursuant to subparagraph (A) shall be made in 
                writing and include the basis and reasons for such 
                determination, including the Director's analysis of the 
                covered chemical facility's assessment of the technical 
                feasibility, costs, avoided costs (including 
                liabilities), personnel implications, savings, and 
                applicability of implementing each method to reduce the 
                consequences of a terrorist attack.
                    ``(C) Maritime facilities.--With respect to a 
                covered chemical facility for which a security plan is 
                required under section 70103(c) of title 46, United 
                States Code, a written determination pursuant to 
                subparagraph (A) shall be made only after consultation 
                with the Captain of the Port for the area in which the 
                covered chemical facility is located.
            ``(2) Review of inability to comply.--
                    ``(A) In general.--An owner or operator of a 
                covered chemical facility who is unable to comply with 
                the Director's determination under paragraph (1) shall, 
                within 120 days of receipt of the Director's 
                determination, provide to the Secretary a written 
                explanation that includes the reasons therefor. Such 
                written explanation shall specify whether the owner or 
                operator's inability to comply arises under clause (ii) 
                or (iii) of paragraph (1)(A), or both.
                    ``(B) Review.--Not later than 120 days after 
                receipt of an explanation submitted under subparagraph 
                (A), the Secretary, after consulting with the owner or 
                operator of the covered chemical facility who submitted 
                such explanation, as well as experts in the subjects of 
                environmental health and safety, security, chemistry, 
                design and engineering, process controls and 
                implementation, maintenance, production and operations, 
                chemical process safety, and occupational health, as 
                appropriate, shall provide to the owner or operator a 
                written determination, in his or her discretion, of 
                whether implementation shall be required pursuant to 
                paragraph (1). If the Secretary determines that 
                implementation is required, the Secretary shall issue 
                an order that establishes the basis for such 
                determination, including the findings of the relevant 
                experts, the specific methods selected for 
                implementation, and a schedule for implementation of 
                the methods at the facility.
    ``(c) Agricultural Sector.--
            ``(1) Guidance for farm supplies merchant wholesalers.--The 
        Secretary shall provide guidance and, as appropriate, tools, 
        methodologies or computer software, to assist farm supplies 
        merchant wholesalers in complying with the requirements of this 
        section.   The Secretary may award grants to farm supplies 
        merchant wholesalers to assist with compliance with subsection 
        (a), and in awarding such grants, shall give priority to farm 
        supplies merchant wholesalers that have the greatest need for 
        such grants.
            ``(2) Assessment of agricultural impacts.--Not later than 6 
        months after the date of the enactment of this title, the 
        Secretary shall transmit an assessment of the potential impacts 
        of compliance with provisions of this section regarding the 
        assessment and, as appropriate, implementation, of methods to 
        reduce the consequences of a terrorist attack on the 
        agricultural sector to the Committee on Energy and Commerce of 
        the House of Representatives, the Committee on Homeland 
        Security of the House of Representatives, the Committee on 
        Homeland Security and Governmental Affairs of the Senate, the 
        Committee on Agriculture of the House of Representatives, and 
        the Committee on Agriculture, Nutrition and Forestry of the 
        Senate.   Such assessment shall be conducted by the Secretary 
        in consultation with other appropriate Federal agencies and 
        shall include the following:
                    ``(A) Data on the scope of agricultural facilities 
                covered by this title, including the number and type of 
                manufacturers, retailers, aerial commercial applicators 
                and distributors of pesticide and fertilizer required 
                to assess methods to reduce the consequences of a 
                terrorist attack under subsection (a) and the number 
                and type of manufacturers, retailers, aerial commercial 
                applicators and distributors of pesticide and 
                fertilizer assigned to tier 1 or tier 2 by the 
                Secretary   because of  the potential extent and  
                likelihood of death, injury, and serious adverse 
                effects to human health, the environment, critical 
                infrastructure, public health, homeland security, 
                national security, and the national economy from the 
                release of a substance of concern at the facility.
                    ``(B) A survey of known methods, processes or 
                practices, other than elimination of or cessation of 
                manufacture of the pesticide or fertilizer, that 
                manufacturers, retailers, aerial commercial 
                applicators, and distributors of pesticide and 
                fertilizer could use to reduce the consequences of a 
                terrorist attack, including an assessment of the costs 
                and technical feasibility of each such method, process, 
                or practice.
                    ``(C) An analysis of how the  assessment of methods 
                to reduce the consequences of a  terrorist attack under 
                subsection (a) by  manufacturers, retailers, aerial 
                commercial applicators, and distributors of pesticide 
                and fertilizer,  and,  as appropriate, the  
                implementation of methods to reduce the consequences of 
                a  terrorist attack by  such manufacturers, retailers, 
                aerial commercial applicators, and distributors of 
                pesticide and fertilizer  subject to  subsection (b),  
                are likely to impact agricultural endusers.
                    ``(D) Recommendations for how to mitigate any 
                adverse impacts identified pursuant to subparagraph 
                (C).
            ``(3) Definitions.--In this subsection:
                    ``(A) Farm supplies merchant wholesaler.--The term 
                `farm supplies merchant wholesaler' means a covered 
                chemical facility that is primarily engaged in the 
                merchant wholesale distribution of farm supplies, such 
                as animal feeds, fertilizers, agricultural chemicals, 
                pesticides, plant seeds, and plant bulbs.
                    ``(B) Agricultural end-users.--The term 
                `agricultural end-users' means facilities such as--
                            ``(i) farms, including crop, fruit, nut, 
                        and vegetable farms;
                            ``(ii) ranches and rangeland;
                            ``(iii) poultry, dairy, and equine 
                        facilities;
                            ``(iv) turfgrass growers;
                            ``(v) golf courses;
                            ``(vi) nurseries;
                            ``(vii) floricultural operations; and
                            ``(viii) public and private parks.
    ``(d) Small Covered Chemical Facilities.--
            ``(1) Guidance for small covered chemical facilities.--The 
        Secretary may provide guidance and, as appropriate, tools, 
        methodologies, or computer software, to assist small covered 
        chemical facilities in complying with the requirements of this 
        section.
            ``(2) Assessment of Impacts on Small Covered Chemical 
        Facilities.--Not later than 6 months after the date of the 
        enactment of this title, the Secretary shall transmit to the 
        Committee on Energy and Commerce of the House of 
        Representatives, the Committee on Homeland Security of the 
        House of Representatives, and the Committee on Homeland 
        Security and Governmental Affairs of the Senate an assessment 
        of the potential effects on small covered chemical facilities 
        of compliance with provisions of this section regarding the 
        assessment and, as appropriate, implementation, of methods to 
        reduce the consequences of a terrorist attack. Such assessment 
        shall include--
                    ``(A) data on the scope of facilities covered by 
                this title, including the number and type of small 
                covered chemical facilities that are required to assess 
                methods to reduce the consequences of a terrorist 
                attack under subsection (a) and the number and type of 
                small covered chemical facilities assigned to tier 1 or 
                tier 2 under section 2102(c)(1) by the Secretary 
                because of the potential extent and likelihood of 
                death, injury, and serious adverse effects to human 
                health, the environment, critical infrastructure, 
                public health, homeland security, national security, 
                and the national economy from the release of a 
                substance of concern at the facility; and
                    ``(B) a discussion of how the Secretary plans to 
                apply the requirement that before requiring a small 
                covered chemical facility that is required to implement 
                methods to reduce the consequences of a terrorist 
                attack under subsection (b) the Secretary shall first 
                determine that the implementation of such methods at 
                the small covered chemical facility not significantly 
                and demonstrably impair the ability of the owner or 
                operator of the covered chemical facility to continue 
                the business of the facility at its location.
            ``(3) Definition.--For purposes of this subsection, the 
        term `small covered chemical facility' means a covered chemical 
        facility that has fewer than 350 employees employed at the 
        covered chemical facility, and is not a branch or subsidiary of 
        another entity.
    ``(e) Provision of Information on Alternative Approaches.--
            ``(1) In general.--The Secretary shall make available 
        information on the use and availability of methods to reduce 
        the consequences of a chemical facility terrorist incident.
            ``(2) Information to be included.--The information under 
        paragraph (1) may include information about--
                    ``(A) general and specific types of such methods;
                    ``(B) combinations of chemical sources, substances 
                of concern, and hazardous processes or conditions for 
                which such methods could be appropriate;
                    ``(C) the availability of specific methods to 
                reduce the consequences of a terrorist attack;
                    ``(D) the costs and cost savings resulting from the 
                use of such methods;
                    ``(E) emerging technologies that could be 
                transferred from research models or prototypes to 
                practical applications;
                    ``(F) the availability of technical assistance and 
                best practices; and
                    ``(G) such other matters that the Secretary 
                determines are appropriate.
            ``(3) Public availability.--Information made available 
        under this subsection shall not identify any specific chemical 
        facility, violate the protection of information provisions 
        under section 2110, or disclose any proprietary information.
    ``(f) Funding for Methods To Reduce the Consequences of a Terrorist 
Attack.--The Secretary may make funds available to help defray the cost 
of implementing methods to reduce the consequences of a terrorist 
attack to covered chemical facilities that are required by the 
Secretary to implement such methods.

``SEC. 2112. APPLICABILITY.

    ``This title shall not apply to--
            ``(1) any chemical facility that is owned and operated by 
        the Secretary of Defense;
            ``(2) the transportation in commerce, including incidental 
        storage, of any substance of concern regulated as a hazardous 
        material under chapter 51 of title 49, United States Code;
            ``(3) all or a specified portion of any chemical facility 
        that--
                    ``(A) is subject to regulation by the Nuclear 
                Regulatory Commission (hereinafter in this paragraph 
                referred to as the `Commission') or a State that has 
                entered into an agreement with the Commission under 
                section 274 b. of the Atomic Energy Act of 1954 (42 
                U.S.C. 2021 b.);
                    ``(B) has had security controls imposed by the 
                Commission or State, whichever has the regulatory 
                authority, on the entire facility or the specified 
                portion of the facility; and
                    ``(C) has been designated by the Commission, after 
                consultation with the State, if any, that regulates the 
                facility, and the Secretary, as excluded from the 
                application of this title;
            ``(4) any public water system subject to the Safe Drinking 
        Water Act (42 U.S.C. 300f et seq.); or
            ``(5) any treatment works, as defined in section 212 of the 
        Federal Water Pollution Control Act (33 U.S.C. 1292).

``SEC. 2113. SAVINGS CLAUSE.

    ``(a) In General.--Nothing in this title shall affect or modify in 
any way any obligation or liability of any person under any other 
Federal law, including section 112 of the Clean Air Act (42 U.S.C. 
7412), the Federal Water Pollution Control Act (33 U.S.C. 1251 et 
seq.), the Resource Conservation and Recovery Act of 1976 (42 U.S.C. 
6901 et seq.), the National Environmental Policy Act of 1969 (42 U.S.C. 
4321 et seq.), the Occupational Safety and Health Act (29 U.S.C. 651 et 
seq.), the National Labor Relations Act (29 U.S.C. 151 et seq.), the 
Emergency Planning and Community Right to Know Act of 1986 (42 U.S.C. 
11001 et seq.), the Safe Drinking Water Act (42 U.S.C. 300f et seq.), 
the Maritime Transportation Security Act of 2002 (Public Law 107-295), 
the Comprehensive Environmental Response, Compensation, and Liability 
Act of 1980 (42 U.S.C. 9601 et seq.), the Toxic Substances Control Act 
(15 U.S.C. 2601 et seq.), and the Fair Credit Reporting Act (15 U.S.C. 
1681 et seq.).
    ``(b) Other Requirements.--Nothing in this title shall preclude or 
deny the right of any State or political subdivision thereof to adopt 
or enforce any regulation, requirement, or standard of performance 
relating to environmental protection, health, or safety.
    ``(c) Access.--Nothing in this title shall abridge or deny access 
to a chemical facility site to any person where required or permitted 
under any other law or regulation.

``SEC. 2114. OFFICE OF CHEMICAL FACILITY SECURITY.

    ``(a) In General.--There is established in the Department an Office 
of Chemical Facility Security, headed by a Director, who shall be a 
member of the Senior Executive Service in accordance with subchapter VI 
of chapter 53 of title 5, United States Code, under section 5382 of 
that title, and who shall be responsible for carrying out the 
responsibilities of the Secretary under this title.
    ``(b) Professional Qualifications.--The individual selected by the 
Secretary as the Director of the Office of Chemical Facility Security 
shall have professional qualifications and experience necessary for 
effectively directing the Office of Chemical Facility Security and 
carrying out the requirements of this title, including a demonstrated 
knowledge of physical infrastructure protection, cybersecurity, 
chemical facility security, hazard analysis, chemical process 
engineering, chemical process safety reviews, or other such 
qualifications that the Secretary determines to be necessary.
    ``(c) Selection Process.--The Secretary shall make a reasonable 
effort to select an individual to serve as the Director from among a 
group of candidates that is diverse with respect to race, ethnicity, 
age, gender, and disability characteristics and submit to the Committee 
on Homeland Security and the Committee on Energy and Commerce of the 
House of Representatives and the Committee on Homeland Security and 
Governmental Affairs of the Senate information on the selection 
process, including details on efforts to assure diversity among the 
candidates considered for this position.
    ``(d) Outreach Support.--
            ``(1) Point of contact.--The Secretary shall designate a 
        point of contact for the Administrator of the Environmental 
        Protection Agency, and the head of any other agency designated 
        by the Secretary, with respect to the requirements of this 
        title.
            ``(2) Outreach.--The Secretary shall, as appropriate, and 
        in accordance with this title, inform State emergency response 
        commissions appointed pursuant to section 301(a) of the 
        Emergency Planning and Community Right-To-Know Act of 1986 (42 
        U.S.C. 11001) and local emergency planning committees appointed 
        pursuant to section 301(c) of such Act, and any other entity 
        designated by the Secretary, of the findings of the Office of 
        Chemical Facility Security so that such commissions and 
        committees may update emergency planning and training 
        procedures.

``SEC. 2115. SECURITY BACKGROUND CHECKS OF COVERED INDIVIDUALS AT 
              CERTAIN CHEMICAL FACILITIES.

    ``(a) Regulations Issued by the Secretary.--
            ``(1) In general.--
                    ``(A) Requirement.--The Secretary shall issue 
                regulations to require covered chemical facilities to 
                establish personnel surety for individuals described in 
                subparagraph (B) by conducting appropriate security 
                background checks and ensuring appropriate credentials 
                for unescorted visitors and chemical facility 
                personnel, including permanent and part-time personnel, 
                temporary personnel, and contract personnel, 
                including--
                            ``(i) measures designed to verify and 
                        validate identity;
                            ``(ii) measures designed to check criminal 
                        history;
                            ``(iii) measures designed to verify and 
                        validate legal authorization to work; and
                            ``(iv) measures designed to identify people 
                        with terrorist ties.
                    ``(B) Individuals described.--For purposes of 
                subparagraph (A), an individual described in this 
                subparagraph is--
                            ``(i) a covered individual who has 
                        unescorted access to restricted areas or 
                        critical assets or who is provided with a copy 
                        of a security vulnerability assessment or site 
                        security plan;
                            ``(ii) a person associated with a covered 
                        chemical facility, including any designated 
                        employee representative, who is provided with a 
                        copy of a security vulnerability assessment or 
                        site security plan; or
                            ``(iii) a person who is determined by the 
                        Secretary to require a security background 
                        check based on chemical facility security 
                        performance standards.
            ``(2) Regulations.--The regulations required by paragraph 
        (1) shall set forth--
                    ``(A) the scope of the security background checks, 
                including the types of disqualifying offenses and the 
                time period covered for each person subject to a 
                security background check under paragraph (1);
                    ``(B) the processes to conduct the security 
                background checks;
                    ``(C) the necessary biographical information and 
                other data required in order to conduct the security 
                background checks;
                    ``(D) a redress process for an adversely-affected 
                person consistent with subsections (b) and (c); and
                    ``(E) a prohibition on an owner or operator of a 
                covered chemical facility misrepresenting to an 
                employee or other relevant person, including an arbiter 
                involved in a labor arbitration, the scope, 
                application, or meaning of any rules, regulations, 
                directives, or guidance issued by the Secretary related 
                to security background check requirements for covered 
                individuals when conducting a security background 
                check.
    ``(b) Misrepresentation of Adverse Employment Decisions.--The 
regulations required by subsection (a)(1) shall set forth that it shall 
be a misrepresentation under subsection (a)(2)(E) to attribute an 
adverse employment decision, including removal or suspension of the 
employee, to such regulations unless the owner or operator finds, after 
opportunity for appropriate redress under the processes provided under 
subsection (c)(1) and (c)(2), that the person subject to such adverse 
employment decision--
            ``(1) has been convicted of, has been found not guilty of 
        by reason of insanity, or is under want, warrant, or indictment 
        for, a permanent disqualifying criminal offense listed in part 
        1572 of title 49, Code of Federal Regulations;
            ``(2) was convicted of, or found not guilty of by reason of 
        insanity, an interim disqualifying criminal offense listed in 
        part 1572 of title 49, Code of Federal Regulations, within 7 
        years of the date on which the covered chemical facility 
        performs the security background check;
            ``(3) was incarcerated for an interim disqualifying 
        criminal offense listed in part 1572 of title 49, Code of 
        Federal Regulations, and released from incarceration within 5 
        years of the date that the chemical facility performs the 
        security background check;
            ``(4) is determined by the Secretary to be on the 
        consolidated terrorist watchlist; or
            ``(5) is determined, as a result of the security background 
        check, not to be legally authorized to work in the United 
        States.
    ``(c) Redress Processes.--Upon the issuance of regulations under 
subsection (a), the Secretary shall--
            ``(1) require the owner or operator to provide an adequate 
        and prompt redress process for a person subject to a security 
        background check under subsection (a)(1) who is subjected to an 
        adverse employment decision, including removal or suspension of 
        the employee, due to such regulations that is consistent with 
        the appeals process established for employees subject to 
        consumer reports under the Fair Credit Reporting Act (15 U.S.C. 
        1681 et seq.), as in force on the date of the enactment of this 
        title;
            ``(2) provide an adequate and prompt redress process for a 
        person subject to a security background check under subsection 
        (a)(1) who is subjected to an adverse employment decision, 
        including removal or suspension of the employee, due to a 
        determination by the Secretary under subsection (b)(4), that is 
        consistent with the appeals process established 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 
        evidence 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 background check under subsection 
        (a)(1) who is subjected to an adverse employment decision, 
        including removal or suspension of the employee, due to a 
        violation of subsection (a)(2)(E), which shall not preclude the 
        exercise of any other rights available under collective 
        bargaining agreements or applicable laws;
            ``(4) establish a reconsideration process described in 
        subsection (d) for a person subject to an adverse employment 
        decision that was attributed by 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 subject 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 Secretary 
        under subsection (b)(4);
            ``(6) ensure that the redress processes required under 
        paragraphs (1), (2), or (3) afford to the person a full 
        disclosure of any public-record event covered by subsection (b) 
        that provides the basis for an adverse employment decision; and
            ``(7) ensure that the person subject to a security 
        background check under subsection (a)(1) receives the person's 
        full wages and benefits until all redress processes under this 
        subsection are exhausted.
    ``(d) Reconsideration Process.--
            ``(1) In general.--The reconsideration process required 
        under subsection (c)(4) shall--
                    ``(A) require the Secretary to determine, within 30 
                days after receiving a petition submitted by a person 
                subject to an adverse employment 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 classified evidence equivalent to the 
                summary provided 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 circumstance 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
                    ``(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 reconsideration.--If the Secretary 
        determines pursuant to paragraph (1)(A) that the person does 
        not pose a security risk to the covered chemical facility, it 
        shall thereafter constitute a prohibited misrepresentation for 
        the owner or operator of the covered chemical facility to 
        continue to attribute the adverse employment 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 available 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 information or conducting or 
        evaluating security background checks.
            ``(3) Such information shall be maintained confidentially 
        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 enforcement 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 security 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 section shall be 
        construed as creating any new right or modifying any existing 
        right of an individual to appeal 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 background checks, checks on the 
authorization of an individual to work in the United States, or other 
background 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 background 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 section 101 of 
        the Immigration and Nationality Act (8 U.S.C. 1101(a)(3))), the 
        relevant databases to determine 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 Background Check.--The 
regulations under subsection (a)(1) shall set forth a process by which 
the Secretary, on an ongoing basis, shall determine whether alternate 
security background checks conducted by the Secretary are 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 
conducted. 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 
Secretary to verify the validity of the alternate security background 
check. Such regulations shall provide that no security 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 result of a security 
background check, an owner or operator of a covered chemical facility 
finds that a covered individual 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 processes 
available to such individual under this section.

``SEC. 2116. CITIZEN ENFORCEMENT.

    ``(a) In General.--Except as provided in subsection (c), any person 
may commence a civil action on such person's own behalf--
            ``(1) against any governmental entity (including the United 
        States and any other governmental instrumentality or agency, to 
        the extent permitted by the eleventh amendment to the 
        Constitution, and any federally owned-contractor operated 
        facility) alleged to be in violation of any order that has 
        become effective pursuant to this title; or
            ``(2) against the Secretary, for an alleged failure 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 subsection (a)(1) shall 
        be brought in the district court for the district in which the 
        alleged violation occurred. 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 Columbia.
            ``(2) Relief.--The district court shall have jurisdiction, 
        without regard to the amount in controversy or the citizenship 
        of the parties to enforce 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 section 2107.
    ``(c) Actions Prohibited.--No action may be commenced 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 violation 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 section, the 
Secretary, if not a party, may intervene as a matter 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 prevailing party, whenever the court 
determines such an award is appropriate. The court may, if a temporary 
restraining 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 regulations to 
establish a citizen petition process for petitions described in 
subsection (b). Such regulations shall include--
            ``(1) the format for such petitions;
            ``(2) the procedure for investigation of petitions;
            ``(3) the procedure for response to such petitions, 
        including timelines;
            ``(4) the procedure for referral to and review by the 
        Office of the Inspector General of the Department without 
        deference to the Secretary's determination with respect to the 
        petition; and
            ``(5) the procedure for rejection or acceptance by the 
        Secretary of the recommendation of the Office of the Inspector 
        General.
    ``(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 instrumentality or agency, to the 
        extent permitted by the eleventh amendment to the Constitution) 
        alleged to be in violation of any standard, regulation, 
        condition, requirement, prohibition, plan, or order that has 
        become effective under this title; and
            ``(2) describing the alleged violation of any standard, 
        regulation, condition, requirement, prohibition, 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 subsection (b) 
        that meet the requirements of the regulations promulgated under 
        subsection (a);
            ``(2) investigate all allegations contained in accepted 
        petitions;
            ``(3) determine whether enforcement action will be taken 
        concerning the alleged violation or violations;
            ``(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 petitioner, provide the petitioner with 
        the opportunity to request--
                    ``(A) a review of the full record by the Inspector 
                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 petitioner; and
            ``(8) respond to a recommendation submitted by the 
        Inspector General under paragraph (7) by adopting or rejecting 
        the recommendation.

``SEC. 2118. NOTIFICATION SYSTEM TO ADDRESS PUBLIC CONCERNS.

    ``(a) Establishment.--The Secretary shall establish a notification 
system, which shall provide any individual the ability to report a 
suspected security deficiency or suspected non-compliance with this 
title. Such notification system shall provide for the ability to report 
the suspected security deficiency or non-compliance via telephonic and 
Internet-based means.
    ``(b) Acknowledgment.--When the Secretary receives 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 Secretary 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 necessary, take appropriate enforcement 
action under section 2107.
    ``(d) Feedback Required.--Upon request, the Secretary shall provide 
the individual who reported the suspected 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 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 Governmental Affairs of the 
Senate an annual report on the reports 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 thereafter, the Secretary 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 
Governmental Affairs of the Senate a report on progress in achieving 
compliance with this title. Each such report shall include the 
following:
            ``(1) A qualitative discussion of how covered chemical 
        facilities, differentiated by tier, have reduced the risks of 
        chemical facility terrorist incidents 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-Terrorism Standards', 
                        issued on April 9, 2007; and
                            ``(ii) in the case of each subsequent 
                        report, since the submittal of the most recent 
                        report submitted under this section; and
                    ``(B) any other generalized summary the Secretary 
                deems appropriate to describe the measures covered 
                chemical facilities are implementing to comply with the 
                requirements of this title.
            ``(2) A quantitative summary of how the covered chemical 
        facilities, differentiated by tier, are complying with the 
        requirements of this title during the period covered by the 
        report and how the Secretary is implementing and enforcing such 
        requirements 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 facilities 
                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 facilities 
                without approved security vulnerability assessments 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 implementation of a 
                method to reduce the consequences of a terrorist attack 
                and a description of such implemented methods;
                    ``(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 paragraphs (2), (3) and (4) of section 
                2115(c), aggregate information regarding the time taken 
                for such appeals, aggregate information regarding the 
                manner in which such appeals were resolved, and, based 
                on information provided to the Secretary annually by 
                each owner or operator of a covered chemical facility, 
                the number of persons subjected to adverse employment 
                decisions that were attributed by the owner or operator 
                to the regulations required by section 2115; and
                    ``(K) any other regulatory data the Secretary deems 
                appropriate to describe facility compliance with the 
                requirements of this title and the Secretary's 
                implementation of such requirements.
    ``(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 Secretary 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 provide 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 section 2111(c)(1);
            ``(2) $300,000,000 for fiscal year 2012, of which 
        $75,000,000 shall be made available to provide 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 section 2111(c)(1); and
            ``(3) $275,000,000 for fiscal year 2013, of which 
        $50,000,000 shall be made available to provide 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 section 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 chemical 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.--
            (1) Deadline.--The Secretary shall issue proposed 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 enactment 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 implementing the rules 
        required under paragraph (1), the Secretary shall consult with 
        the Administrator of the Environmental Protection Agency, and 
        other persons, as appropriate, regarding--
                    (A) the designation of substances of concern;
                    (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 information; 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 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 regulations, 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 assessment tool (which includes 
                facility registration, a top-screen questionnaire, a 
                security vulnerability assessment tool, a site security 
                plan template, and a chemical vulnerability information 
                repository).
            (5) Update of facility plans assessments and plans prepared 
        under cfats.--The owner or operator of a covered chemical 
        facility, who, before 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 assessment 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 
designation of sodium fluoroacetate as a substance of concern pursuant 
to subsection (d) of section 2102 of the Homeland Security Act of 2002, 
as added by subsection (a), by the earlier of the following dates:
            (1) The date of the first periodic review conducted 
        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 System 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; Vulnerability 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 systems; and
                    ``(B) establishing requirements and deadlines for 
                each covered water system--
                            ``(i) to conduct a vulnerability assessment 
                        or, if the system already has a vulnerability 
                        assessment, to revise the assessment to be in 
                        accordance with this section, and submit such 
                        assessment to the Administrator;
                            ``(ii) to update and resubmit the 
                        vulnerability assessment not less than every 5 
                        years and promptly after any change at the 
                        system that could cause the reassignment 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 Administrator;
                            ``(iv) to develop an emergency response 
                        plan or, if the system has already developed an 
                        emergency response plan, to revise the plan to 
                        be in accordance with this section, and revise 
                        the plan not less than every 5 years 
                        thereafter; and
                            ``(v) to provide annual training to 
                        employees 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.
            ``(3) Consultation with state authorities.--In developing 
        and carrying out the regulations 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 appropriate, 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 systems to risk-
                based tiers;
                    ``(E) process for the development and evaluation of 
                vulnerability assessments, site security plans, and 
                emergency response plans;
                    ``(F) treatment of protected information; and
                    ``(G) such other matters as the Administrator 
                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 designated 
                pursuant to subparagraph (A), shall establish by rule a 
                threshold quantity for the release or theft of the 
                substance, taking into account 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 Administrator, after 
        consultation with appropriate departments and agencies of the 
        Federal Government and with State, local, and tribal 
        governments, shall, for purposes of facilitating compliance 
        with the requirements of this section, promptly after the 
        effective date of the regulations under subsection (a)(1) and 
        as appropriate thereafter, provide baseline information 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
                    ``(C) cause the theft, misuse, or misappropriation 
                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 appropriate, increasingly stringent based on the level 
of risk associated with the covered water system's risk-based tier 
assignment under subsection (d). In developing such standards, the 
Administrator shall take into account section 27.230 of title 6, Code 
of Federal Regulations (or any successor regulations).
    ``(c) Vulnerability Assessment.--The regulations 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;
            ``(3) water collection, pretreatment, treatment, storage, 
        and distribution facilities, including fire hydrants;
            ``(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 covered 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 applicable 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 system to submit 
                information in order to determine the appropriate risk-
                based tier for the covered water system.
                    ``(B) Factors to consider.--The Administrator shall 
                assign (and reassign when appropriate) each covered 
                water system to one of 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 infrastructure, 
                national security, and the national economy) from--
                            ``(i) an intentional act to cause a 
                        release, 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 or 
                        disrupt the safe and reliable supply of 
                        drinking water; and
                            ``(iii) an intentional act to steal, 
                        misappropriate, or misuse substances of 
                        concern.
            ``(2) Explanation for risk-based tier assignment.--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 performance 
        standards required under this section.
    ``(f) Role of Employees.--
            ``(1) Description of role.--Site security plans and 
        emergency response plans required under this section shall 
        describe the appropriate roles or responsibilities that 
        employees and contractor employees are expected to perform to 
        deter or respond to the intentional 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 described in paragraph (1) with a 
        minimum of 8 hours of training on carrying out those roles or 
        responsibilities.
            ``(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 include--
                    ``(A) at least one supervisory and at least one 
                non-supervisory employee of the covered water system; 
                and
                    ``(B) at least one representative of each certified 
                or recognized bargaining agent representing facility 
                employees or contractor employees 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.  
    ``(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 release 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 system through the use of 
                alternate substances, formulations, or processes;
                    ``(B) the modification of pressures, temperatures, 
                or concentrations of a substance of concern; and
                    ``(C) the reduction or elimination of onsite 
                handling of a substance of concern through improvement 
                of inventory control or chemical use efficiency.
            ``(2) Assessment.--For each covered water system 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 regulations under subsection 
        (a)(1) shall require the covered 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 appropriate to the system's security, public 
        health, or environmental 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 potential 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 presence of 
                contaminants in treated water, human health, or the 
                environment;
                    ``(D) whether each described method to reduce the 
                consequences of a chemical release from an intentional 
                act at the covered water system is feasible, as defined 
                in section 1412(b)(4)(D), but not including cost 
                calculations under subparagraph (E);
                    ``(E) the costs (including capital and operational 
                costs) and avoided costs (including savings and 
                liabilities) associated with applying each described 
                method to reduce the consequences of a chemical release 
                from an intentional act at the covered water system;
                    ``(F) any other relevant information that the 
                covered water system relied on in conducting the 
                assessment; and
                    ``(G) a statement of whether the covered water 
                system has implemented or plans to implement one or 
                more methods to reduce the consequences of a chemical 
                release from an intentional act, a description of any 
                such methods, and, in the case of a covered water 
                system described in paragraph (3)(A), an explanation of 
                the reasons for any decision not to implement any such 
                methods.
            ``(3) Required methods.--
                    ``(A) Application.--This paragraph applies 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 release 
                        threshold quantity set by the Administrator 
                        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 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, in 
                accordance with a timeline set by the Administrator--
                            ``(i) determine whether to require the 
                        covered water system to implement the methods; 
                        and
                            ``(ii) for States exercising primary 
                        enforcement responsibility, report such 
                        determination to the Administrator.
                    ``(C) State or administrator's considerations.--
                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 exercising primary enforcement responsibility for 
                the covered water system, if the system is located in 
                such a State, or the Administrator, if the covered 
                water system is not located in such a State, shall 
                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 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 
                        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 political 
                        subdivision in which the system is located; 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 exercising primary 
                enforcement responsibility for the covered water 
                system, if the system is located in such a State, or 
                the Administrator, if the covered water system is not 
                located in such a State, shall provide such covered 
                water system an opportunity to appeal the determination 
                to require such implementation made pursuant to 
                subparagraph (B) by such State or the Administrator.
            ``(4) Incomplete or late assessments.--
                    ``(A) Incomplete assessments.--If the Administrator 
                finds that the covered water system, in conducting its 
                assessment under paragraph (2), did not meet the 
                requirements of paragraph (2) and the applicable 
                regulations, the Administrator shall, after notifying 
                the covered water system and the State exercising 
                primary enforcement responsibility for that system, if 
                any, require the covered water system to submit a 
                revised assessment not later than 60 days after the 
                Administrator notifies such system. The Administrator 
                may require such additional revisions as are necessary 
                to ensure that the system meets the requirements of 
                paragraph (2) and the applicable regulations.
                    ``(B) Late assessments.--If the Administrator finds 
                that a covered water system, in conducting its 
                assessment pursuant to paragraph (2), did not complete 
                such assessment in accordance with the deadline set by 
                the Administrator, the Administrator may, after 
                notifying the covered water system and the State 
                exercising primary enforcement responsibility for that 
                system, if any, take appropriate enforcement action 
                under subsection (o).
                    ``(C) Review.--The State exercising primary 
                enforcement responsibility for the covered water 
                system, if the system is located in such a State, or 
                the Administrator, if the system is not located in such 
                a State, shall review a revised assessment that meets 
                the requirements of paragraph (2) and applicable 
                regulations to determine whether the covered water 
                system will be required to implement methods to reduce 
                the consequences of an intentional act pursuant to 
                paragraph (3).
            ``(5) Enforcement.--
                    ``(A) Failure by state to make determination.--
                Whenever the Administrator finds that a State 
                exercising primary enforcement responsibility for a 
                covered water system has failed to determine whether to 
                require the covered water system to implement methods 
                to reduce the consequences of a chemical release from 
                an intentional act, as required by paragraph (3)(B), 
                the Administrator shall so notify the State and covered 
                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 covered 
                water system and shall determine whether to require the 
                covered water system to implement methods to reduce the 
                consequences of a chemical release from an intentional 
                act based on the factors described in paragraph (3)(C).
                    ``(B) Failure by state to bring enforcement 
                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 Administrator's notification 
                under the preceding sentence, the State has not 
                commenced appropriate enforcement action, the 
                Administrator shall so notify the State and may take 
                appropriate enforcement action under subsection (o), to 
                require implementation of such methods.
                    ``(C) Consideration of continued primary 
                enforcement responsibility.--For a State with primary 
                enforcement responsibility for a covered water system, 
                the Administrator may consider the failure of such 
                State to make a determination as described under 
                subparagraph (A) or to bring enforcement action as 
                described under subparagraph (B) when determining 
                whether a State may retain primary enforcement 
                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 
        Administrator shall issue guidance and, as appropriate, provide 
        or recommend tools, methodologies, or computer software, to 
        assist such covered water systems in complying with the 
        requirements of this section.
    ``(h) Review by Administrator.--
            ``(1) In general.--The regulations under subsection (a)(1) 
        shall require each covered water system to submit its 
        vulnerability assessment and site security plan to the 
        Administrator for review according to deadlines set by the 
        Administrator. The Administrator shall review each 
        vulnerability assessment and site security plan submitted under 
        this section and--
                    ``(A) if the assessment or plan has any significant 
                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 vulnerability 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 enforcement responsibility for such system, 
        if any, determines 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 governmental entities.--No 
        covered water system shall be required under State, local, or 
        tribal law to provide a vulnerability assessment or site 
        security plan described in this section to any State, regional, 
        local, or tribal governmental entity solely by reason of the 
        requirement set forth in paragraph (1) that the system submit 
        such an assessment and plan to the Administrator.
    ``(i) Emergency Response Plan.--
            ``(1) In general.--Each covered water system shall prepare 
        or revise, as appropriate, an emergency response plan that 
        incorporates the results of the system's most current 
        vulnerability assessment and site security plan.
            ``(2) Certification.--Each covered water system shall 
        certify to the Administrator that the system has completed an 
        emergency response plan. The system shall submit such 
        certification to the Administrator 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 certification following any update of the emergency 
        response plan.
            ``(3) Contents.--A covered water system's emergency 
        response plan shall include--
                    ``(A) plans, procedures, and identification of 
                equipment that can be implemented or used in the event 
                of an intentional act at the covered water system; and
                    ``(B) actions, procedures, and identification of 
                equipment that can obviate or significantly lessen the 
                impact of intentional acts on public health and the 
                safety and supply of drinking water provided to 
                communities and individuals.
            ``(4) Coordination.--As part of its emergency response 
        plan, each covered water system shall provide 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 purposes of determining compliance with this 
        section.
            ``(2) Access.--In conducting an audit or inspection of a 
        covered water system, the Administrator or duly designated 
        representatives of the Administrator, as appropriate, shall 
        have access to the owners, operators, employees and contractor 
        employees, and employee representatives, if any, of such 
        covered water system.
            ``(3) Confidential communication of information; aiding 
        inspections.--The Administrator, or a duly designated 
        representative of the Administrator, shall offer non-
        supervisory employees of a covered water system the opportunity 
        confidentially to communicate information relevant to the 
        employer's compliance or noncompliance with this section, 
        including compliance or noncompliance with any regulation or 
        requirement adopted by the Administrator in furtherance of the 
        purposes of this section. A representative 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 designated representative of the Administrator on such 
        inspection.
    ``(l) Protection of Information.--
            ``(1) Prohibition of public disclosure of protected 
        information.--Protected information shall--
                    ``(A) be exempt from disclosure under section 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 unauthorized disclosure of 
                protected information.
                    ``(B) Sharing of protected information.--The 
                regulations under subparagraph (A) shall provide 
                standards for and facilitate the appropriate sharing of 
                protected information with and between Federal, State, 
                local, and tribal authorities, first responders, law 
                enforcement officials, designated supervisory and non-
                supervisory covered water system personnel with 
                security, operational, or fiduciary responsibility for 
                the system, and designated facility employee 
                representatives, if any. Such standards shall include 
                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 representative 
                of each certified or recognized bargaining agent 
                representing such employees, if any, or, if none, with 
                at least one supervisory and at least one non-
                supervisory employee with roles and responsibilities 
                under subsection (f)(1).
                    ``(C) Penalties.--Protected information shall not 
                be shared except in accordance with the standards 
                provided by the regulations under subparagraph (A). 
                Whoever discloses protected information in knowing 
                violation of the regulations and orders issued under 
                subparagraph (A) shall be fined under title 18, United 
                States Code, imprisoned for not more than one year, or 
                both, and, in the case of a Federal officeholder or 
                employee, shall be removed from Federal office or 
                employment.
            ``(3) Treatment of information in adjudicative 
        proceedings.--In any judicial or administrative proceeding, 
        protected information shall be treated in a manner consistent 
        with the treatment of Sensitive Security Information under 
        section 525 of the Department of Homeland Security 
        Appropriations Act, 2007 (Public Law 109-295; 120 Stat. 1381).
            ``(4) Other obligations unaffected.--Except 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 information to 
                system employees, employee organizations, or a Federal, 
                State, tribal, or local government agency under any 
                other provision of law; or
                    ``(B) to comply with any other provision of law.
            ``(5) Congressional oversight.--Nothing in this section 
        permits or authorizes the withholding of information from 
        Congress or any committee or subcommittee thereof.
            ``(6) Disclosure of independently furnished information.--
        Nothing in this section amends or affects any authority or 
        obligation of a Federal, State, local, or tribal agency to 
        protect or disclose any record or information that the Federal, 
        State, local, or tribal agency obtains from a covered water 
        system or the Administrator under any other provision of law.
            ``(7) Protected information.--
                    ``(A) In general.--For purposes of this section, 
                the term `protected information' means any of the 
                following:
                            ``(i) Vulnerability assessments and site 
                        security plans under this section, including 
                        any assessment developed pursuant to subsection 
                        (g)(2).
                            ``(ii) Documents directly related to the 
                        Administrator's review of assessments and plans 
                        described in clause (i) and, as applicable, the 
                        State's review of an assessment prepared under 
                        subsection (g)(2).
                            ``(iii) Documents directly related to 
                        inspections and audits under this section.
                            ``(iv) Orders, notices, or letters 
                        regarding the compliance of a covered water 
                        system with the requirements of this section.
                            ``(v) Information, documents, or records 
                        required to be provided to or created by, the 
                        Administrator under subsection (d).
                            ``(vi) Documents directly related to 
                        security drills and training exercises, 
                        security threats and breaches of security, and 
                        maintenance, calibration, and testing of 
                        security equipment.
                            ``(vii) Other information, documents, and 
                        records developed exclusively for the purposes 
                        of this section that the Administrator has 
                        determined by regulation would be detrimental 
                        to the security of one or more covered water 
                        systems if disclosed.
                    ``(B) Detriment requirement.--For purposes of 
                clauses (ii), (iii), (iv), (v), and (vi) of 
                subparagraph (A), the only portions of documents, 
                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 security 
                        of one or more covered water systems if 
                        disclosed; and
                            ``(ii) are developed by the Administrator, 
                        the State, or the covered water system for the 
                        purposes of this section.
                    ``(C) Exclusions.--Notwithstanding subparagraphs 
                (A) and (B), the term `protected information' does not 
                include--
                            ``(i) information, other than a security 
                        vulnerability assessment or site security plan, 
                        that the Administrator has determined by 
                        regulation to be--
                                    ``(I) appropriate to describe 
                                system compliance with the requirements 
                                of this title and the Administrator's 
                                implementation of such requirements; 
                                and
                                    ``(II) not detrimental to the 
                                security of one or more covered water 
                                systems if disclosed; or
                            ``(ii) information, whether or not also 
                        contained in a security vulnerability 
                        assessment, 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 covered 
                                water system has lawfully disclosed 
                                other than in a submission to the 
                                Administrator pursuant to a requirement 
                                of this title.
    ``(m) Relation to Chemical Facility Security Requirements.--Title 
XXI of the Homeland Security Act of 2002 and title I of the Chemical 
and Water Security Act of 2009 shall not apply to any public water 
system subject to this Act.
    ``(n) Preemption.--This section does not preclude or deny the right 
of any State or political subdivision thereof to adopt or enforce any 
regulation, requirement, or standard of performance with respect to a 
covered water system that is more stringent than a regulation, 
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 determines that a 
        covered water system is subject to a civil penalty under 
        paragraph (1), the Administrator, after consultation with the 
        State, for covered water systems located in a State exercising 
        primary responsibility for the covered water system, and, after 
        considering the severity of the violation or 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 penalty under such paragraph for any past 
                or current violation, requiring compliance 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, including 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 
        deficiency in the content or implementation of the portion of 
        the system's site security plan relating to methods to reduce 
        the consequences of a chemical release from an intentional act 
        (as defined in subsection (g)(1)).
    ``(p) Report to Congress.--
            ``(1) Periodic report.--Not later than 3 years after the 
        effective date of the regulations under subsection (a)(1), and 
        every 3 years thereafter, the Administrator shall transmit to 
        the Committee on Energy and Commerce of the House of 
        Representatives and the Committee on Environment and Public 
        Works of the Senate a report on progress in achieving 
        compliance with this section. Each such report shall include, 
        at a minimum, the following:
                    ``(A) A generalized summary of measures implemented 
                by covered water systems in order to meet each risk-
                based performance standard established by this section.
                    ``(B) A summary of how the covered water systems, 
                differentiated by risk-based tier assignment, are 
                complying with the requirements of this section during 
                the period covered by the report and how the 
                Administrator is implementing and enforcing such 
                requirements during such period including--
                            ``(i) the number of public water systems 
                        that provided the Administrator with 
                        information pursuant to subsection (d)(1);
                            ``(ii) the number of covered water systems 
                        assigned to each risk-based tier;
                            ``(iii) the number of vulnerability 
                        assessments and site security plans submitted 
                        by covered water systems;
                            ``(iv) the number of vulnerability 
                        assessments and site security plans approved 
                        and disapproved by the Administrator;
                            ``(v) the number of covered water systems 
                        without approved vulnerability assessments or 
                        site security plans;
                            ``(vi) the number of covered water systems 
                        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 implemented methods;
                            ``(vii) the number of audits and 
                        inspections conducted by the Administrator or 
                        duly designated representatives of the 
                        Administrator;
                            ``(viii) the number of orders for 
                        compliance issued by the Administrator;
                            ``(ix) the administrative penalties 
                        assessed by the Administrator for non-
                        compliance with the requirements of this 
                        section;
                            ``(x) the civil penalties assessed by 
                        courts for non-compliance with the requirements 
                        of this section; and
                            ``(xi) any other regulatory data the 
                        Administrator determines appropriate to 
                        describe covered water system compliance with 
                        the requirements of this section and the 
                        Administrator's implementation of such 
                        requirements.
            ``(2) Public availability.--A report 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 cooperative agreements with, 
        States, based on an allocation formula established by the 
        Administrator, to assist the States in implementing this 
        section.
            ``(2) Research, training, and technical assistance 
        grants.--The Administrator may award grants to, or enter into 
        cooperative agreements with, 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 agreements with, covered 
                water systems to assist such systems in--
                            ``(i) preparing and updating vulnerability 
                        assessments, site security plans, and emergency 
                        response plans;
                            ``(ii) assessing and implementing methods 
                        to reduce the consequences of a release of a 
                        substance of concern from an intentional act; 
                        and
                            ``(iii) implementing any other security 
                        reviews and enhancements necessary to comply 
                        with this section.
                    ``(B) Priority.--
                            ``(i) Need.--The Administrator, in awarding 
                        grants or entering into cooperative agreements 
                        for purposes described in subparagraph (A)(i), 
                        shall give priority to covered water systems 
                        that have the greatest need.
                            ``(ii) Security risk.--The Administrator, 
                        in awarding grants or entering into cooperative 
                        agreements for purposes described in 
                        subparagraph (A)(ii), shall give priority to 
                        covered water systems that pose the greatest 
                        security risk.
            ``(4) Worker training grants program authority.--
                    ``(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 subsection (f)(1) and 
                first responders and emergency response providers who 
                would respond to an intentional 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 paragraph.
                    ``(C) Use of funds.--The recipient of a grant under 
                this paragraph shall use the grant to provide for--
                            ``(i) training and education of employees 
                        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 environment from the effects 
                        of a release of a substance of concern at the 
                        covered water system, with priority given to 
                        covered water systems assigned to tier one or 
                        tier two under subsection (d); and
                            ``(ii) appropriate training for first 
                        responders 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.
    ``(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 
                        administrative costs incurred by the 
                        Administrator or the States, as appropriate; 
                        and
                            ``(ii) $125,000,000 may be used to 
                        implement 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 fiscal 
                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 title, the Administrator of the 
        Environmental Protection Agency shall promulgate final 
        regulations to carry out section 1433 of the Safe Drinking 
        Water Act, as amended by subsection (a).
            (2) Effective date.--Until the effective date of the 
        regulations promulgated under paragraph (1), section 1433 of 
        the Safe Drinking Water Act, as in effect on the day before the 
        date of the enactment of this title, shall continue to apply.
            (3) Savings provision.--Nothing in this 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. 203. STUDY TO ASSESS THE THREAT OF CONTAMINATION OF DRINKING WATER 
              DISTRIBUTION SYSTEMS.

    Not later than 180 days after the date of the enactment of this 
title, the Administrator of the Environmental Protection Agency, in 
consultation with the Secretary of Homeland Security, shall--
            (1) conduct a study to assess the threat to drinking water 
        posed by an intentional act of contamination, and the 
        vulnerability of public water systems, including fire hydrants, 
        to such a threat; and
            (2) submit a report to the Congress on the results of such 
        study.

             TITLE III--WASTEWATER TREATMENT WORKS SECURITY

SEC. 301. SHORT TITLE.

    This title may be cited as the ``Wastewater Treatment Works 
Security Act of 2009''.

SEC. 302. WASTEWATER TREATMENT WORKS SECURITY.

    (a) In General.--Title II of the Federal Water Pollution Control 
Act (33 U.S.C. 1281 et seq.) is amended by adding at the end the 
following:

``SEC. 222. WASTEWATER TREATMENT WORKS SECURITY.

    ``(a) Assessment of Treatment Works Vulnerability and 
Implementation of Site Security and Emergency Response Plans.--
            ``(1) In general.--Each owner or operator of a treatment 
        works with either a treatment capacity of at least 2,500,000 
        gallons per day or, in the discretion of the Administrator, 
        that presents a security risk making coverage under this 
        section appropriate shall, consistent with regulations 
        developed under subsection (b)--
                    ``(A) conduct and, as required, update a 
                vulnerability assessment of its treatment works;
                    ``(B) develop, periodically update, and implement a 
                site security plan for the treatment works; and
                    ``(C) develop and, as required, revise an emergency 
                response plan for the treatment works.
            ``(2) Vulnerability assessment.--
                    ``(A) Definition.--In this section, the term 
                `vulnerability assessment' means an assessment of the 
                vulnerability of a treatment works to intentional acts 
                that may--
                            ``(i) substantially disrupt the ability of 
                        the treatment works to safely and reliably 
                        operate; or
                            ``(ii) have a substantial adverse effect on 
                        critical infrastructure, public health or 
                        safety, or the environment.
                    ``(B) Review.--A vulnerability assessment shall 
                include an identification of the vulnerability of the 
                treatment works'--
                            ``(i) facilities, systems, and devices used 
                        in the storage, treatment, recycling, or 
                        reclamation of municipal sewage or industrial 
                        wastes;
                            ``(ii) intercepting sewers, outfall sewers, 
                        sewage collection systems, and other 
                        constructed conveyances under the control of 
                        the owner or operator of the treatment works;
                            ``(iii) electronic, computer, and other 
                        automated systems;
                            ``(iv) pumping, power, and other equipment;
                            ``(v) use, storage, and handling of various 
                        chemicals, including substances of concern, as 
                        identified by the Administrator;
                            ``(vi) operation and maintenance 
                        procedures; and
                            ``(vii) ability to ensure continuity of 
                        operations.
            ``(3) Site security plan.--
                    ``(A) Definition.--In this section, the term `site 
                security plan' means a process developed by the owner 
                or operator of a treatment works to address security 
                risks identified in a vulnerability assessment 
                developed for the treatment works.
                    ``(B) Identification of security enhancements.--A 
                site security plan carried out under paragraph (1)(B) 
                shall identify specific security enhancements, 
                including procedures, countermeasures, or equipment, 
                that, when implemented or utilized, will reduce the 
                vulnerabilities identified in a vulnerability 
                assessment (including the identification of the extent 
                to which implementation or utilization of such security 
                enhancements may impact the operations of the treatment 
                works in meeting the goals and requirements of this 
                Act).
    ``(b) Rulemaking and Guidance Documents.--
            ``(1) In general.--Not later than December 31, 2010, the 
        Administrator, after providing notice and an opportunity for 
        public comment, shall issue regulations--
                    ``(A) establishing risk-based performance standards 
                for the security of a treatment works identified under 
                subsection (a)(1); and
                    ``(B) establishing requirements and deadlines for 
                each owner or operator of a treatment works identified 
                under subsection (a)(1)--
                            ``(i) to conduct and submit to the 
                        Administrator a vulnerability assessment or, if 
                        the owner or operator of a treatment works 
                        already has conducted a vulnerability 
                        assessment, to revise and submit to the 
                        Administrator such assessment in accordance 
                        with this section;
                            ``(ii) to update and submit to the 
                        Administrator the vulnerability assessment not 
                        less than every 5 years and promptly after any 
                        change at the treatment works that could cause 
                        the reassignment of the treatment works to a 
                        different risk-based tier under paragraph 
                        (2)(B);
                            ``(iii) to develop and implement a site 
                        security plan and to update such plan not less 
                        than every 5 years and promptly after an update 
                        to the vulnerability assessment;
                            ``(iv) to develop an emergency response 
                        plan (or, if the owner or operator of a 
                        treatment works has already developed an 
                        emergency response plan, to revise the plan to 
                        be in accordance with this section) and to 
                        revise the plan not less than every 5 years and 
                        promptly after an update to the vulnerability 
                        assessment; and
                            ``(v) to provide annual training to 
                        employees of the treatment works on 
                        implementing site security plans and emergency 
                        response plans.
            ``(2) Risk-based tiers and performance standards.--
                    ``(A) In general.--In developing regulations under 
                this subsection, the Administrator shall--
                            ``(i) provide for 4 risk-based tiers 
                        applicable to treatment works identified under 
                        subsection (a)(1), with tier one representing 
                        the highest degree of security risk; and
                            ``(ii) establish risk-based performance 
                        standards for site security plans and emergency 
                        response plans required under this section.
                    ``(B) Risk-based tiers.--
                            ``(i) Assignment of risk-based tiers.--The 
                        Administrator shall assign (and reassign when 
                        appropriate) each treatment works identified 
                        under subsection (a)(1) to one of the risk-
                        based tiers established pursuant to this 
                        paragraph.
                            ``(ii) Factors to consider.--In assigning a 
                        treatment works to a risk-based tier, the 
                        Administrator shall consider--
                                    ``(I) the size of the treatment 
                                works;
                                    ``(II) the proximity of the 
                                treatment works to large population 
                                centers;
                                    ``(III) the adverse impacts of an 
                                intentional act, including a worst-case 
                                release of a substance of concern 
                                designated under subsection (c), on the 
                                operation of the treatment works or on 
                                critical infrastructure, public health 
                                or safety, or the environment; and
                                    ``(IV) any other factor that the 
                                Administrator determines to be 
                                appropriate.
                            ``(iii) Information request for treatment 
                        works.--The Administrator may require the owner 
                        or operator of a treatment works identified 
                        under subsection (a)(1) to submit information 
                        in order to determine the appropriate risk-
                        based tier for the treatment works.
                            ``(iv) Explanation for risk-based tier 
                        assignment.--The Administrator shall provide 
                        the owner or operator of each treatment works 
                        assigned to a risk-based tier with the reasons 
                        for the tier assignment and whether such owner 
                        or operator of a treatment works is required to 
                        submit an assessment under paragraph (3)(B).
                    ``(C) Risk-based performance standards.--
                            ``(i) Classification.--In establishing 
                        risk-based performance standards under 
                        subparagraph (A)(ii), the Administrator shall 
                        ensure that the standards are separate and, as 
                        appropriate, increasingly more stringent based 
                        on the level of risk associated with the risk-
                        based tier assignment under subparagraph (B) 
                        for the treatment works.
                            ``(ii) Consideration.--In carrying out this 
                        subparagraph, the Administrator shall take into 
                        account section 27.230 of title 6, Code of 
                        Federal Regulations (or any successor 
                        regulation).
                    ``(D) Site security plans.--
                            ``(i) In general.--In developing 
                        regulations under this subsection, the 
                        Administrator shall permit the owner or 
                        operator of a treatment works identified under 
                        subsection (a)(1), in developing and 
                        implementing a site security plan, to select 
                        layered security and preparedness measures 
                        that, in combination--
                                    ``(I) address the security risks 
                                identified in its vulnerability 
                                assessment; and
                                    ``(II) comply with the applicable 
                                risk-based performance standards 
                                required by this subsection.
            ``(3) Methods to reduce the consequences of a chemical 
        release from an intentional act.--
                    ``(A) Definition.--In this section, the term 
                `method to reduce the consequences of a chemical 
                release from an intentional act' means a measure at a 
                treatment works identified under subsection (a)(1) that 
                reduces or eliminates the potential consequences of a 
                release of a substance of concern designated under 
                subsection (c) from an intentional act, such as--
                            ``(i) the elimination of or a reduction in 
                        the amount of a substance of concern possessed 
                        or planned to be possessed by a treatment works 
                        through the use of alternate substances, 
                        formulations, or processes;
                            ``(ii) the modification of pressures, 
                        temperatures, or concentrations of a substance 
                        of concern; and
                            ``(iii) the reduction or elimination of 
                        onsite handling of a substance of concern 
                        through the improvement of inventory control or 
                        chemical use efficiency.
                    ``(B) Assessment.--
                            ``(i) In general.--In developing the 
                        regulations under this subsection, for each 
                        treatment works identified under subsection 
                        (a)(1) that possesses or plans to possess a 
                        substance of concern in excess of the release 
                        threshold quantity set by the Administrator 
                        under subsection (c)(2), the Administrator 
                        shall require the treatment works to include in 
                        its site security plan an assessment of methods 
                        to reduce the consequences of a chemical 
                        release from an intentional act at the 
                        treatment works.
                            ``(ii) Considerations for assessment.--In 
                        developing the regulations under this 
                        subsection, the Administrator shall require the 
                        owner or operator of each treatment works, in 
                        preparing the assessment, to consider factors 
                        appropriate to address the responsibilities of 
                        the treatment works to meet the goals and 
                        requirements of this Act and to include--
                                    ``(I) a description of the methods 
                                to reduce the consequences of a 
                                chemical release from an intentional 
                                act;
                                    ``(II) a description of how each 
                                described method to reduce the 
                                consequences of a chemical release from 
                                an intentional act could, if applied--
                                            ``(aa) reduce the extent of 
                                        death, injury, or serious 
                                        adverse effects to human health 
                                        or the environment as a result 
                                        of a release, theft, or 
                                        misappropriation of a substance 
                                        of concern designated under 
                                        subsection (c); and
                                            ``(bb) impact the 
                                        operations of the treatment 
                                        works in meeting the goals and 
                                        requirements of this Act;
                                    ``(III) whether each described 
                                method to reduce the consequences of a 
                                chemical release from an intentional 
                                act at the treatment works is feasible, 
                                as determined by the Administrator;
                                    ``(IV) the costs (including capital 
                                and operational costs) and avoided 
                                costs (including potential savings) 
                                associated with applying each described 
                                method to reduce the consequences of a 
                                chemical release from an intentional 
                                act at the treatment works;
                                    ``(V) any other relevant 
                                information that the owner or operator 
                                of a treatment works relied on in 
                                conducting the assessment; and
                                    ``(VI) a statement of whether the 
                                owner or operator of a treatment works 
                                has implemented or plans to implement a 
                                method to reduce the consequences of a 
                                chemical release from an intentional 
                                act, a description of any such method, 
                                and, in the case of a treatment works 
                                described in subparagraph (C)(i), an 
                                explanation of the reasons for any 
                                decision not to implement any such 
                                method.
                    ``(C) Required methods.--
                            ``(i) Application.--This subparagraph 
                        applies to a treatment works identified under 
                        subsection (a)(1) that--
                                    ``(I) is assigned to one of the two 
                                highest risk-based tiers established 
                                under paragraph (2)(A); and
                                    ``(II) possesses or plans to 
                                possess a substance of concern in 
                                excess of the threshold quantity set by 
                                the Administrator under subsection 
                                (c)(2).
                            ``(ii) Highest-risk systems.--If, on the 
                        basis of its assessment developed pursuant to 
                        subparagraph (B), the owner or operator of a 
                        treatment works described in clause (i) decides 
                        not to implement a method to reduce the 
                        consequences of a chemical release from an 
                        intentional act, in accordance with a timeline 
                        set by the Administrator--
                                    ``(I) the Administrator or, where 
                                applicable, a State with an approved 
                                program under section 402, shall 
                                determine whether to require the owner 
                                or operator of a treatment works to 
                                implement such method; and
                                    ``(II) in the case of a State with 
                                such approved program, the State shall 
                                report such determination to the 
                                Administrator.
                            ``(iii) Considerations.--Before requiring 
                        the implementation of a method to reduce the 
                        consequences of a chemical release from an 
                        intentional act under clause (ii), the 
                        Administrator or a State, as the case may be, 
                        shall consider factors appropriate to address 
                        the responsibilities of the treatment works to 
                        meet the goals and requirements of this Act, 
                        including an examination of whether the 
                        method--
                                    ``(I) would significantly reduce 
                                the risk of death, injury, or serious 
                                adverse effects to human health 
                                resulting from a chemical release from 
                                an intentional act at the treatment 
                                works;
                                    ``(II) would not increase the 
                                interim storage by the treatment works 
                                of a substance of concern designated 
                                under subsection (c);
                                    ``(III) could impact the operations 
                                of the treatment works in meeting the 
                                goals and requirements of this Act or 
                                any more stringent standards 
                                established by the State or 
                                municipality in which the treatment 
                                works is located; and
                                    ``(IV) is feasible, as determined 
                                by the Administrator, to be 
                                incorporated into the operations of the 
                                treatment works.
                    ``(D) Appeal.--Before requiring the implementation 
                of a method to reduce the consequences of a chemical 
                release from an intentional act under clause (ii), the 
                Administrator or a State, as the case may be, shall 
                provide the owner or operator of the treatment works an 
                opportunity to appeal the determination to require such 
                implementation.
                    ``(E) Incomplete or late assessments.--
                            ``(i) Incomplete assessments.--If the 
                        Administrator determines that a treatment works 
                        fails to meet the requirements of subparagraph 
                        (B) and the applicable regulations, the 
                        Administrator shall, after notifying the owner 
                        or operator of a treatment works and the State 
                        in which the treatment works is located, 
                        require the owner or operator of the treatment 
                        works to submit a revised assessment not later 
                        than 60 days after the Administrator notifies 
                        the owner or operator. The Administrator may 
                        require such additional revisions as are 
                        necessary to ensure that the treatment works 
                        meets the requirements of subparagraph (B) and 
                        the applicable regulations.
                            ``(ii) Late assessments.--If the 
                        Administrator finds that the owner or operator 
                        of a treatment works, in conducting an 
                        assessment pursuant to subparagraph (B), did 
                        not complete such assessment in accordance with 
                        the deadline set by the Administrator, the 
                        Administrator may, after notifying the owner or 
                        operator of the treatment works and the State 
                        in which the treatment works is located, take 
                        appropriate enforcement action under subsection 
                        (j).
                            ``(iii) Review.--A State with an approved 
                        program under section 402 or the Administrator, 
                        as the case may be, shall review a revised 
                        assessment that meets the requirements of 
                        subparagraph (B) and applicable regulations to 
                        determine whether the treatment works will be 
                        required to implement methods to reduce the 
                        consequences of a chemical release from an 
                        intentional act pursuant to subparagraph (C).
                    ``(F) Enforcement.--
                            ``(i) Failure by state to make 
                        determination.--
                                    ``(I) In general.--If the 
                                Administrator determines that a State 
                                with an approved program under section 
                                402 failed to determine whether to 
                                require a treatment works to implement 
                                a method to reduce the consequences of 
                                a chemical release from an intentional 
                                act, as required by subparagraph 
                                (C)(ii), the Administrator shall notify 
                                the State and the owner or operator of 
                                the treatment works.
                                    ``(II) Administrative action.--If, 
                                after 30 days after the notification 
                                described in subclause (I), a State 
                                fails to make the determination 
                                described in that subclause, the 
                                Administrator shall notify the State 
                                and the owner or operator of the 
                                treatment works and shall determine 
                                whether to require the owner or 
                                operator to implement a method to 
                                reduce the consequences of a chemical 
                                release from an intentional act based 
                                on the factors described in 
                                subparagraph (C)(iii).
                            ``(ii) Failure by state to bring 
                        enforcement action.--
                                    ``(I) In general.--If, in a State 
                                with an approved program under section 
                                402, the Administrator determines that 
                                the owner or operator of a treatment 
                                works fails to implement a method to 
                                reduce the consequences of a chemical 
                                release from an intentional act (as 
                                required by the State or the 
                                Administrator under subparagraph 
                                (C)(ii) or the Administrator under 
                                clause (i)(II)), the Administrator 
                                shall notify the State and the owner or 
                                operator of the treatment works.
                                    ``(II) Administrative enforcement 
                                action.--If, after 30 days after the 
                                notification described in subclause 
                                (I), the State has not commenced 
                                appropriate enforcement action, the 
                                Administrator shall notify the State 
                                and may commence an enforcement action 
                                against the owner or operator of the 
                                treatment works, including by seeking 
                                or imposing civil penalties under 
                                subsection (j), to require 
                                implementation of such method.
            ``(4) Consultation with state authorities.--In developing 
        the regulations under this subsection, the Administrator shall 
        consult with States with approved programs under section 402.
            ``(5) Consultation with other persons.--In developing the 
        regulations under this subsection, the Administrator shall 
        consult with the Secretary of Homeland Security, and, as 
        appropriate, other persons regarding--
                    ``(A) the provision of threat-related and other 
                baseline information to treatment works identified 
                under subsection (a)(1);
                    ``(B) the designation of substances of concern 
                under subsection (c);
                    ``(C) the development of risk-based performance 
                standards;
                    ``(D) the establishment of risk-based tiers and the 
                process for the assignment of treatment works 
                identified under subsection (a)(1) to such tiers;
                    ``(E) the process for the development and 
                evaluation of vulnerability assessments, site security 
                plans, and emergency response plans;
                    ``(F) the treatment of protected information; and
                    ``(G) any other factor that the Administrator 
                determines to be appropriate.
            ``(6) Consideration.--In developing the regulations under 
        this subsection, the Administrator shall ensure that such 
        regulations are consistent with the goals and requirements of 
        this Act.
    ``(c) Substances of Concern.--For purposes of this section, the 
Administrator, in consultation with the Secretary of Homeland 
Security--
            ``(1) may designate any chemical substance as a substance 
        of concern;
            ``(2) at the time any chemical substance is designated 
        pursuant to paragraph (1), shall establish by rulemaking a 
        threshold quantity for the release or theft of a substance, 
        taking into account the toxicity, reactivity, volatility, 
        dispersability, combustability, and flammability of the 
        substance and the amount of the substance, that, as a result of 
        the release or theft, is known to cause, or may be reasonably 
        anticipated to cause, death, injury, or serious adverse impacts 
        to human health or the environment; and
            ``(3) in making such a designation, shall take into account 
        appendix A to part 27 of title 6, Code of Federal Regulations 
        (or any successor regulation).
    ``(d) Review of Vulnerability Assessment and Site Security Plan.--
            ``(1) In general.--Each owner or operator of a treatment 
        works identified under subsection (a)(1) shall submit its 
        vulnerability assessment and site security plan to the 
        Administrator for review in accordance with deadlines 
        established by the Administrator.
            ``(2) Standard of review.--The Administrator shall review 
        each vulnerability assessment and site security plan submitted 
        under this subsection and--
                    ``(A) if the assessment or plan has a significant 
                deficiency described in paragraph (3), require the 
                owner or operator of the treatment works to correct the 
                deficiency; or
                    ``(B) approve such assessment or plan.
            ``(3) Significant deficiency.--A vulnerability assessment 
        or site security plan of a treatment works has a significant 
        deficiency under this subsection if the Administrator, in 
        consultation, as appropriate, with a State with an approved 
        program under section 402, determines that--
                    ``(A) such assessment does not comply with the 
                regulations promulgated under subsection (b); or
                    ``(B) such plan--
                            ``(i) fails to address vulnerabilities 
                        identified in a vulnerability assessment; or
                            ``(ii) fails to meet applicable risk-based 
                        performance standards.
            ``(4) Identification of deficiencies.--If the Administrator 
        identifies a significant deficiency in the vulnerability 
        assessment or site security plan of an owner or operator of a 
        treatment works under paragraph (3), the Administrator shall 
        provide the owner or operator with a written notification of 
        the deficiency that--
                    ``(A) includes a clear explanation of the 
                deficiency in the vulnerability assessment or site 
                security plan;
                    ``(B) provides guidance to assist the owner or 
                operator in addressing the deficiency; and
                    ``(C) requires the owner or operator to correct the 
                deficiency and, by such date as the Administrator 
                determines appropriate, to submit to the Administrator 
                a revised vulnerability assessment or site security 
                plan.
            ``(5) State, local, or tribal governmental entities.--No 
        owner or operator of a treatment works identified under 
        subsection (a)(1) shall be required under State, local, or 
        tribal law to provide a vulnerability assessment or site 
        security plan described in this section to any State, local, or 
        tribal governmental entity solely by reason of the requirement 
        set forth in paragraph (1) that the owner or operator of a 
        treatment works submit such an assessment and plan to the 
        Administrator.
    ``(e) Emergency Response Plan.--
            ``(1) In general.--The owner or operator of a treatment 
        works identified under subsection (a)(1) shall develop or 
        revise, as appropriate, an emergency response plan that 
        incorporates the results of the current vulnerability 
        assessment and site security plan for the treatment works.
            ``(2) Certification.--The owner or operator of a treatment 
        works identified under subsection (a)(1) shall certify to the 
        Administrator that the owner or operator has completed an 
        emergency response plan, shall submit such certification to the 
        Administrator not later than 6 months after the first 
        completion or revision of a vulnerability assessment under this 
        section, and shall submit an additional certification following 
        any update of the emergency response plan.
            ``(3) Contents.--An emergency response plan shall include a 
        description of--
                    ``(A) plans, procedures, and identification of 
                equipment that can be implemented or used in the event 
                of an intentional act at the treatment works; and
                    ``(B) actions, procedures, and identification of 
                equipment that can obviate or significantly reduce the 
                impact of intentional acts to--
                            ``(i) substantially disrupt the ability of 
                        the treatment works to safely and reliably 
                        operate; or
                            ``(ii) have a substantial adverse effect on 
                        critical infrastructure, public health or 
                        safety, or the environment.
            ``(4) Coordination.--As part of its emergency response 
        plan, the owner or operator of a treatment works shall provide 
        appropriate information to any local emergency planning 
        committee, local law enforcement officials, and local emergency 
        response providers to ensure an effective, collective response.
    ``(f) Role of Employees.--
            ``(1) Description of role.--Site security plans and 
        emergency response plans required under this section shall 
        describe the appropriate roles or responsibilities that 
        employees and contractor employees of treatment works are 
        expected to perform to deter or respond to the intentional acts 
        identified in a current vulnerability assessment.
            ``(2) Training for employees.--The owner or operator of a 
        treatment works identified under subsection (a)(1) shall 
        annually provide employees and contractor employees with the 
        roles or responsibilities described in paragraph (1) with 
        sufficient training, as determined by the Administrator, on 
        carrying out those roles or responsibilities.
            ``(3) Employee participation.--In developing, revising, or 
        updating a vulnerability assessment, site security plan, and 
        emergency response plan required under this section, the owner 
        or operator of a treatment works shall include--
                    ``(A) at least one supervisory and at least one 
                nonsupervisory employee of the treatment works; and
                    ``(B) at least one representative of each certified 
                or recognized bargaining agent representing facility 
                employees or contractor employees with roles or 
                responsibilities described in paragraph (1), if any, in 
                a collective bargaining relationship with the owner or 
                operator of the treatment works or with a contractor to 
                the treatment works.
    ``(g) Maintenance of Records.--The owner or operator of a treatment 
works identified under subsection (a)(1) shall maintain an updated copy 
of its vulnerability assessment, site security plan, and emergency 
response plan on the premises of the treatment works.
    ``(h) Audit; Inspection.--
            ``(1) In general.--The Administrator shall audit and 
        inspect a treatment works identified under subsection (a)(1), 
        as necessary, for purposes of determining compliance with this 
        section.
            ``(2) Access.--In conducting an audit or inspection of a 
        treatment works under paragraph (1), the Administrator shall 
        have access to the owners, operators, employees and contractor 
        employees, and employee representatives, if any, of such 
        treatment works.
            ``(3) Confidential communication of information; aiding 
        inspections.--The Administrator shall offer nonsupervisory 
        employees of a treatment works the opportunity confidentially 
        to communicate information relevant to the compliance or 
        noncompliance of the owner or operator of the treatment works 
        with this section, including compliance or noncompliance with 
        any regulation or requirement adopted by the Administrator in 
        furtherance of the purposes of this section. A representative 
        of each certified or recognized bargaining agent described in 
        subsection (f)(3)(B), if any, or, if none, a nonsupervisory 
        employee, shall be given an opportunity to accompany the 
        Administrator during the physical inspection of any treatment 
        works for the purpose of aiding such inspection, if 
        representatives of the treatment works will also be 
        accompanying the Administrator on such inspection.
    ``(i) Protection of Information.--
            ``(1) Prohibition of public disclosure of protected 
        information.--Protected information shall--
                    ``(A) be exempt from disclosure under section 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 unauthorized disclosure of 
                protected information, as described in paragraph (7).
                    ``(B) Sharing of protected information.--The 
                regulations under subparagraph (A) shall provide 
                standards for and facilitate the appropriate sharing of 
                protected information with and among Federal, State, 
                local, and tribal authorities, first responders, law 
                enforcement officials, supervisory and nonsupervisory 
                treatment works personnel with security, operational, 
                or fiduciary responsibility for the system designated 
                by the owner or operator of the treatment works, and 
                facility employee representatives designated by the 
                owner or operator of the treatment works, if any.
                    ``(C) Information sharing procedures.--Such 
                standards shall include procedures for the sharing of 
                all portions of the vulnerability assessment and site 
                security plan of a treatment works relating to the 
                roles and responsibilities of the employees or 
                contractor employees of a treatment works under 
                subsection (f)(1) with a representative of each 
                certified or recognized bargaining agent representing 
                such employees, if any, or, if none, with at least one 
                supervisory and at least one non-supervisory employee 
                with roles and responsibilities under subsection 
                (f)(1).
                    ``(D) 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). Whoever discloses 
                protected information in knowing violation of the 
                regulations and orders issued under subparagraph (A) 
                shall be fined under title 18, United States Code, 
                imprisoned for not more than one year, or both, and, in 
                the case of a Federal officeholder or employee, shall 
                be removed from Federal office or employment.
            ``(3) Treatment of information in adjudicative 
        proceedings.--In any judicial or administrative proceeding, 
        protected information, as described in paragraph (7), shall be 
        treated in a manner consistent with the treatment of sensitive 
        security information under section 525 of the Department of 
        Homeland Security Appropriations Act, 2007 (120 Stat. 1381).
            ``(4) Other obligations unaffected.--Nothing in this 
        section amends or affects an obligation of the owner or 
        operator of a treatment works to--
                    ``(A) submit or make available information to 
                employees of the treatment works, employee 
                organizations, or a Federal, State, local, or tribal 
                government agency under any other provision of law; or
                    ``(B) comply with any other provision of law.
            ``(5) Congressional oversight.--Nothing in this section 
        permits or authorizes the withholding of information from 
        Congress or any committee or subcommittee thereof.
            ``(6) Disclosure of independently furnished 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 treatment 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, including 
                        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 applicable, 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 
                        regarding the compliance of a treatment works 
                        described in subsection (a)(1) with the 
                        requirements of this section.
                            ``(v) Information required to be provided 
                        to, or documents and records created by, the 
                        Administrator under subsection (b)(2).
                            ``(vi) Documents directly related to 
                        security drills and training exercises, 
                        security threats and breaches of security, and 
                        maintenance, calibration, and testing of 
                        security equipment.
                            ``(vii) Other information, documents, and 
                        records developed for the purposes of this 
                        section that the Administrator has determined 
                        by regulation would be detrimental to the 
                        security of a treatment works if disclosed.
                    ``(B) Detriment requirement.--For purposes of 
                clauses (ii), (iii), (iv), (v), and (vi) of 
                subparagraph (A), the only portions of documents, 
                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 security 
                        of a treatment works if disclosed; and
                            ``(ii) are developed by the Administrator, 
                        the State, or the treatment works for the 
                        purposes of this section.
                    ``(C) Exclusions.--Notwithstanding subparagraphs 
                (A) and (B), the term `protected information' does not 
                include--
                            ``(i) information, other than a security 
                        vulnerability assessment or site security plan, 
                        that the Administrator has determined by 
                        regulation to be--
                                    ``(I) appropriate to describe 
                                treatment works compliance with the 
                                requirements of this title and the 
                                Administrator's implementation of such 
                                requirements; and
                                    ``(II) not detrimental to the 
                                security of one or more treatment works 
                                if disclosed; or
                            ``(ii) information, whether or not also 
                        contained in a security vulnerability 
                        assessment, 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 treatment 
                                works has lawfully disclosed other than 
                                in a submission to the Administrator 
                                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 section, including any regulations 
promulgated pursuant to this section, by an owner or operator of a 
treatment works 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 thereafter, the Administrator shall transmit 
        to the Committee on Transportation and Infrastructure 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.
            ``(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 performance standard established by 
                this section.
                    ``(B) A summary of how the treatment works, 
                differentiated by risk-based tier assignment, are 
                complying with the requirements of this section during 
                the period covered by the report and how the 
                Administrator is implementing and enforcing such 
                requirements during such period, including--
                            ``(i) the number of treatment works that 
                        provided the Administrator with information 
                        pursuant to subsection (b)(2)(B)(iii);
                            ``(ii) the number of treatment works 
                        assigned to each risk-based tier;
                            ``(iii) the number of vulnerability 
                        assessments and site security plans submitted 
                        by treatment works;
                            ``(iv) the number of vulnerability 
                        assessments and site security plans approved or 
                        found to have a significant deficiency under 
                        subsection (d)(2) by the Administrator;
                            ``(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 and a description of 
                        the types of such implemented methods;
                            ``(vii) the number of audits and 
                        inspections conducted by the Administrator; and
                            ``(viii) any other regulatory data the 
                        Administrator determines appropriate to 
                        describe the compliance of owners or operators 
                        of treatment works with the requirements of 
                        this section and the Administrator's 
                        implementation of such requirements.
            ``(3) Public availability.--A report submitted 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 intermunicipal or interstate agency--
                    ``(A) to conduct or update a vulnerability 
                assessment, site security plan, or emergency response 
                plan for a publicly owned treatment works identified 
                under subsection (a)(1);
                    ``(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 approved site security plan and 
                listed in paragraph (2);
                    ``(C) to implement an additional 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 approved site 
                security plan; and
                    ``(D) to provide for security-related training of 
                employees or contractor employees of the treatment 
                works and training for first responders and emergency 
                response providers.
            ``(2) Grants for security enhancements.--
                    ``(A) Preapproved security enhancements.--The 
                Administrator may make a grant under paragraph (1)(B) 
                to implement a security enhancement of a treatment 
                works for one or more of the following:
                            ``(i) Purchase and installation of 
                        equipment for access control, intrusion 
                        prevention and delay, and detection of 
                        intruders and hazardous or dangerous 
                        substances, including--
                                    ``(I) barriers, fencing, and gates;
                                    ``(II) security lighting and 
                                cameras;
                                    ``(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 
                                explosive mixture detection systems.
                            ``(ii) Security improvements to electronic, 
                        computer, or other automated systems and remote 
                        security systems, including controlling access 
                        to such systems, intrusion detection and 
                        prevention, and system backup.
                            ``(iii) Participation in training programs 
                        and the purchase of training manuals and 
                        guidance materials relating to security.
                            ``(iv) Security screening of employees or 
                        contractor support services.
                    ``(B) Additional security enhancements.--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 percent.
            ``(3) Eligibility.--To be eligible for a grant under this 
        subsection, a State, municipality, or intermunicipal or 
        interstate agency shall submit information to the Administrator 
        at such time, in such 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, requirement, 
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 Security Act of 2009 shall not apply to any treatment 
works.''.

            Passed the House of Representatives November 6, 2009.

            Attest:

                                                                 Clerk.
111th CONGRESS

  1st Session

                               H. R. 2868

_______________________________________________________________________

                                 AN ACT

  To amend the Homeland Security Act of 2002 to enhance security and 
protect against acts of terrorism against chemical facilities, to amend 
  the Safe Drinking Water Act to enhance the security of public water 
   systems, and to amend the Federal Water Pollution Control Act to 
   enhance the security of wastewater treatment works, and for other 
                               purposes.