[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2868 Reported in Senate (RS)]

                                                       Calendar No. 700
111th CONGRESS
  2d Session
                                H. R. 2868

                          [Report No. 111-370]


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            November 9, 2009

Received; read twice and referred to the Committee on Homeland Security 
                        and Governmental Affairs

                           December 16, 2010

 Reported by Mr. Lieberman, with an amendment and an amendment to the 
                                 title
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 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,

<DELETED>SECTION 1. SHORT TITLE; TABLE OF CONTENTS.</DELETED>

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

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

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

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

<DELETED>Sec. 301. Short title.
<DELETED>Sec. 302. Wastewater treatment works security.

         <DELETED>TITLE I--CHEMICAL FACILITY SECURITY</DELETED>

<DELETED>SEC. 101. SHORT TITLE.</DELETED>

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

<DELETED>SEC. 102. FINDINGS AND PURPOSE.</DELETED>

<DELETED>    (a) Findings.--Congress makes the following 
findings:</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (2) Chemical facilities that pose such potential 
        consequences and that are vulnerable to terrorist attacks must 
        be protected.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (4) The Secretary of Homeland Security issued 
        interim final regulations called the Chemical Facility Anti-
        Terrorism Standards, which became effective on June 8, 
        2007.</DELETED>
<DELETED>    (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.</DELETED>

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

<DELETED>    (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:</DELETED>

  <DELETED>``TITLE XXI--REGULATION OF SECURITY PRACTICES AT CHEMICAL 
                          FACILITIES</DELETED>

<DELETED>``SEC. 2101. DEFINITIONS.</DELETED>

<DELETED>    ``In this title, the following definitions 
apply:</DELETED>
        <DELETED>    ``(1) The term `chemical facility' means any 
        facility--</DELETED>
                <DELETED>    ``(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</DELETED>
                <DELETED>    ``(B) that meets other risk-related 
                criteria identified by the Secretary.</DELETED>
        <DELETED>    ``(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:</DELETED>
                <DELETED>    ``(A) Restricting the area 
                perimeter.</DELETED>
                <DELETED>    ``(B) Securing site assets.</DELETED>
                <DELETED>    ``(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--</DELETED>
                        <DELETED>    ``(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</DELETED>
                        <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(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--</DELETED>
                        <DELETED>    ``(i) deter vehicles from 
                        penetrating the chemical facility perimeter, 
                        gaining unauthorized access to restricted 
                        areas, or otherwise presenting a hazard to 
                        potentially critical targets;</DELETED>
                        <DELETED>    ``(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;</DELETED>
                        <DELETED>    ``(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</DELETED>
                        <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(E) Securing and monitoring the 
                shipping, receipt, and storage of a substance of 
                concern for the chemical facility.</DELETED>
                <DELETED>    ``(F) Deterring theft or diversion of a 
                substance of concern.</DELETED>
                <DELETED>    ``(G) Deterring insider 
                sabotage.</DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(J) Maintaining effective monitoring, 
                communications, and warning systems, including--
                </DELETED>
                        <DELETED>    ``(i) measures designed to ensure 
                        that security systems and equipment are in good 
                        working order and inspected, tested, 
                        calibrated, and otherwise maintained;</DELETED>
                        <DELETED>    ``(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</DELETED>
                        <DELETED>    ``(iii) measures to allow the 
                        chemical facility to promptly identify and 
                        respond to security system and equipment 
                        failures or malfunctions.</DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(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--</DELETED>
                        <DELETED>    ``(i) measures designed to verify 
                        and validate identity;</DELETED>
                        <DELETED>    ``(ii) measures designed to check 
                        criminal history;</DELETED>
                        <DELETED>    ``(iii) measures designed to 
                        verify and validate legal authorization to 
                        work; and</DELETED>
                        <DELETED>    ``(iv) measures designed to 
                        identify people with terrorist ties.</DELETED>
                <DELETED>    ``(M) Escalating the level of protective 
                measures for periods of elevated threat.</DELETED>
                <DELETED>    ``(N) Specific threats, vulnerabilities, 
                or risks identified by the Secretary for that chemical 
                facility.</DELETED>
                <DELETED>    ``(O) Reporting of significant security 
                incidents to the Secretary and to appropriate local law 
                enforcement officials.</DELETED>
                <DELETED>    ``(P) Identifying, investigating, 
                reporting, and maintaining records of significant 
                security incidents and suspicious activities at or near 
                the covered chemical facility.</DELETED>
                <DELETED>    ``(Q) Establishing one or more officials 
                and an organization responsible for--</DELETED>
                        <DELETED>    ``(i) security;</DELETED>
                        <DELETED>    ``(ii) compliance with the 
                        standards under this paragraph;</DELETED>
                        <DELETED>    ``(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</DELETED>
                        <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(S) Assessing and, as appropriate, 
                utilizing methods to reduce the consequences of a 
                terrorist attack.</DELETED>
                <DELETED>    ``(T) Methods to recover or mitigate the 
                release of a substance of concern in the event of a 
                chemical facility terrorist incident.</DELETED>
                <DELETED>    ``(U) Any additional security performance 
                standards the Secretary may specify.</DELETED>
        <DELETED>    ``(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--</DELETED>
                <DELETED>    ``(A) the release of a substance of 
                concern from a chemical facility;</DELETED>
                <DELETED>    ``(B) the theft, misappropriation, or 
                misuse of a substance of concern from a chemical 
                facility; or</DELETED>
                <DELETED>    ``(C) the sabotage of a chemical facility 
                or a substance of concern at a chemical 
                facility.</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(6) The term `covered chemical facility' means a 
        chemical facility that meets the criteria of section 
        2102(b)(1).</DELETED>
        <DELETED>    ``(7) The term `environment' means--</DELETED>
                <DELETED>    ``(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</DELETED>
                <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(8) The term `owner or operator' with respect to 
        a facility means any of the following:</DELETED>
                <DELETED>    ``(A) The person who owns the 
                facility.</DELETED>
                <DELETED>    ``(B) The person who has responsibility 
                for daily operation of the facility.</DELETED>
                <DELETED>    ``(C) The person who leases the 
                facility.</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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).</DELETED>
        <DELETED>    ``(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).</DELETED>
        <DELETED>    ``(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--
        </DELETED>
                <DELETED>    ``(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;</DELETED>
                <DELETED>    ``(B) the modification of pressures, 
                temperatures, or concentrations of a substance of 
                concern; and</DELETED>
                <DELETED>    ``(C) the reduction or elimination of 
                onsite handling of a substance of concern through 
                improvement of inventory control or chemical use 
                efficiency.</DELETED>
        <DELETED>    ``(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.</DELETED>

<DELETED>``SEC. 2102. RISK-BASED DESIGNATION AND RANKING OF CHEMICAL 
              FACILITIES.</DELETED>

<DELETED>    ``(a) Substances of Concern.--</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.</DELETED>
<DELETED>    ``(b) List of Covered Chemical Facilities.--</DELETED>
        <DELETED>    ``(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:</DELETED>
                <DELETED>    ``(A) The potential threat or likelihood 
                that the chemical facility will be the target of a 
                chemical facility terrorist incident.</DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(C) The proximity of the chemical 
                facility to large population centers.</DELETED>
        <DELETED>    ``(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.</DELETED>
<DELETED>    ``(c) Assignment of Chemical Facilities to Risk-Based 
Tiers.--</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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).</DELETED>
        <DELETED>    ``(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:</DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(B) Information related to the 
                criticality of the covered chemical facility.</DELETED>
                <DELETED>    ``(C) The proximity or interrelationship 
                of the covered chemical facility to other critical 
                infrastructure.</DELETED>
<DELETED>    ``(d) Requirement for Review.--The Secretary--</DELETED>
        <DELETED>    ``(1) shall periodically review--</DELETED>
                <DELETED>    ``(A) the designation of a chemical 
                substance as a substance of concern and the threshold 
                quantity for the substance under subsection (a)(1); 
                and</DELETED>
                <DELETED>    ``(B) the criteria under subsection 
                (b)(1); and</DELETED>
        <DELETED>    ``(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).</DELETED>
<DELETED>    ``(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.</DELETED>

<DELETED>``SEC. 2103. SECURITY VULNERABILITY ASSESSMENTS AND SITE 
              SECURITY PLANS.</DELETED>

<DELETED>    ``(a) In General.--</DELETED>
        <DELETED>    ``(1) Requirement.--The Secretary shall--
        </DELETED>
                <DELETED>    ``(A) establish standards, protocols, and 
                procedures for security vulnerability assessments and 
                site security plans to be required for covered chemical 
                facilities;</DELETED>
                <DELETED>    ``(B) require the owner or operator of 
                each covered chemical facility to--</DELETED>
                        <DELETED>    ``(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;</DELETED>
                        <DELETED>    ``(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;</DELETED>
                        <DELETED>    ``(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</DELETED>
                        <DELETED>    ``(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;</DELETED>
                <DELETED>    ``(C) set deadlines, by tier, for the 
                completion of security vulnerability assessments and 
                site security plans;</DELETED>
                <DELETED>    ``(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;</DELETED>
                <DELETED>    ``(E) establish specific deadlines and 
                requirements for the submission by a covered chemical 
                facility of information describing--</DELETED>
                        <DELETED>    ``(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</DELETED>
                        <DELETED>    ``(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;</DELETED>
                <DELETED>    ``(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;</DELETED>
                <DELETED>    ``(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</DELETED>
                <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(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--</DELETED>
        <DELETED>    ``(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</DELETED>
        <DELETED>    ``(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.</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(e) Alternate Security Programs Satisfying Requirements 
for Security Vulnerability Assessment and Site Security Plan.--
</DELETED>
        <DELETED>    ``(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--</DELETED>
                <DELETED>    ``(A) meets the requirements of this title 
                and the regulations promulgated pursuant to this 
                title;</DELETED>
                <DELETED>    ``(B) provides an equivalent level of 
                security to the level of security established pursuant 
                to the regulations promulgated pursuant to this title; 
                and</DELETED>
                <DELETED>    ``(C) includes employee participation as 
                required under subsection (a)(1)(B)(iii).</DELETED>
        <DELETED>    ``(2) Secretarial review required.--Nothing in 
        this subsection shall relieve the Secretary of the obligation--
        </DELETED>
                <DELETED>    ``(A) to review a security vulnerability 
                assessment and site security plan submitted by a 
                covered chemical facility under this section; 
                and</DELETED>
                <DELETED>    ``(B) to approve or disapprove each such 
                assessment or plan on an individual basis according to 
                the deadlines established under subsection 
                (a).</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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--</DELETED>
                <DELETED>    ``(A) expedited, affordable, reliable, and 
                accurate;</DELETED>
                <DELETED>    ``(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</DELETED>
                <DELETED>    ``(C) a single background check consistent 
                with a risk-based tiered program.</DELETED>
<DELETED>    ``(f) Other Authorities.--</DELETED>
        <DELETED>    ``(1) Regulation of maritime facilities.--
        </DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(C) Personnel surety.--</DELETED>
                        <DELETED>    ``(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.</DELETED>
                        <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(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).</DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(F) Formal agreement.--The Secretary 
                shall--</DELETED>
                        <DELETED>    ``(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</DELETED>
                        <DELETED>    ``(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).</DELETED>
        <DELETED>    ``(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.</DELETED>
<DELETED>    ``(g) Role of Employees.--</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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--</DELETED>
                <DELETED>    ``(A) include an identification and 
                discussion of substances of concern;</DELETED>
                <DELETED>    ``(B) include a discussion of possible 
                consequences of a chemical facility terrorist 
                incident;</DELETED>
                <DELETED>    ``(C) review and exercise the covered 
                chemical facility's site security plan, including any 
                requirements for differing threat levels;</DELETED>
                <DELETED>    ``(D) include a review of information 
                protection requirements;</DELETED>
                <DELETED>    ``(E) include a discussion of physical and 
                cyber security equipment, systems, and methods used to 
                achieve chemical security performance 
                standards;</DELETED>
                <DELETED>    ``(F) allow training with other relevant 
                participants, including Federal, State, local, and 
                tribal authorities, and first responders, where 
                appropriate;</DELETED>
                <DELETED>    ``(G) use existing national voluntary 
                consensus standards, chosen jointly with employee 
                representatives, if any;</DELETED>
                <DELETED>    ``(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;</DELETED>
                <DELETED>    ``(I) use multiple training media and 
                methods; and</DELETED>
                <DELETED>    ``(J) include a discussion of appropriate 
                emergency response procedures, including procedures to 
                mitigate the effects of a chemical facility terrorist 
                incident.</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(4) Worker training grant program.--</DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(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--</DELETED>
                        <DELETED>    ``(i) the annual mandatory 
                        training specified in paragraph (2); 
                        and</DELETED>
                        <DELETED>    ``(ii) other appropriate training 
                        to protect nearby persons, property, critical 
                        infrastructure, or the environment from the 
                        effects of a chemical facility terrorist 
                        incident.</DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(E) Presumption of congress relating to 
                competitive procedures.--</DELETED>
                        <DELETED>    ``(i) Presumption.--It is the 
                        presumption of Congress that grants awarded 
                        under this paragraph will be awarded using 
                        competitive procedures based on 
                        merit.</DELETED>
                        <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(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.</DELETED>
<DELETED>    ``(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.</DELETED>

<DELETED>``SEC. 2104. SITE INSPECTIONS.</DELETED>

<DELETED>    ``(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.</DELETED>
<DELETED>    ``(b) Inspections and Verifications.--</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.</DELETED>
<DELETED>    ``(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--</DELETED>
        <DELETED>    ``(1) conducted without prior notice to the 
        facility;</DELETED>
        <DELETED>    ``(2) designed to evaluate at the chemical 
        facility undergoing inspection--</DELETED>
                <DELETED>    ``(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;</DELETED>
                <DELETED>    ``(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</DELETED>
                <DELETED>    ``(C) any weaknesses in the site security 
                plan of the chemical facility;</DELETED>
        <DELETED>    ``(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</DELETED>
        <DELETED>    ``(4) conducted--</DELETED>
                <DELETED>    ``(A) every two years in the case of a 
                covered chemical facility assigned to tier 1; 
                and</DELETED>
                <DELETED>    ``(B) every four years in the case of a 
                covered chemical facility assigned to tier 2.</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(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.</DELETED>

<DELETED>``SEC. 2105. RECORDS.</DELETED>

<DELETED>    ``(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--</DELETED>
        <DELETED>    ``(1) reviewing or analyzing a security 
        vulnerability assessment or site security plan submitted under 
        section 2103; or</DELETED>
        <DELETED>    ``(2) assessing the implementation of such a site 
        security plan.</DELETED>
<DELETED>    ``(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.</DELETED>

<DELETED>``SEC. 2106. TIMELY SHARING OF THREAT INFORMATION.</DELETED>

<DELETED>    ``(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.</DELETED>
<DELETED>    ``(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.</DELETED>

<DELETED>``SEC. 2107. ENFORCEMENT.</DELETED>

<DELETED>    ``(a) Review of Security Vulnerability Assessment and Site 
Security Plan.--</DELETED>
        <DELETED>    ``(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--</DELETED>
                <DELETED>    ``(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</DELETED>
                <DELETED>    ``(B) in the case of a site security 
                plan--</DELETED>
                        <DELETED>    ``(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</DELETED>
                        <DELETED>    ``(ii) the plan fails to meet all 
                        applicable chemical facility security 
                        performance standards.</DELETED>
        <DELETED>    ``(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--</DELETED>
                <DELETED>    ``(A) includes a clear explanation of 
                deficiencies in the assessment, plan, or implementation 
                of the plan; and</DELETED>
                <DELETED>    ``(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.</DELETED>
<DELETED>    ``(b) Remedies.--</DELETED>
        <DELETED>    ``(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--</DELETED>
                <DELETED>    ``(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</DELETED>
                <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.</DELETED>
<DELETED>    ``(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.</DELETED>

<DELETED>``SEC. 2108. WHISTLEBLOWER PROTECTIONS.</DELETED>

<DELETED>    ``(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.</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(e) Retaliation Prohibited.--</DELETED>
        <DELETED>    ``(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)--</DELETED>
                <DELETED>    ``(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;</DELETED>
                <DELETED>    ``(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;</DELETED>
                <DELETED>    ``(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;</DELETED>
                <DELETED>    ``(D) commenced, caused to be commenced, 
                or is about to commence or cause to be commenced a 
                proceeding under this title;</DELETED>
                <DELETED>    ``(E) testified or is about to testify in 
                any such proceeding; or</DELETED>
                <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(3) Prohibited personnel practices affecting the 
        department.--</DELETED>
                <DELETED>    ``(A) In general.--Notwithstanding any 
                other provision of law, any individual holding or 
                applying for a position within the Department shall be 
                covered by--</DELETED>
                        <DELETED>    ``(i) paragraphs (1), (8), and (9) 
                        of section 2302(b) of title 5, United States 
                        Code;</DELETED>
                        <DELETED>    ``(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</DELETED>
                        <DELETED>    ``(iii) any rule or regulation 
                        prescribed under any such paragraph.</DELETED>
                <DELETED>    ``(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.</DELETED>

<DELETED>``SEC. 2109. FEDERAL PREEMPTION.</DELETED>

<DELETED>    ``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.</DELETED>

<DELETED>``SEC. 2110. PROTECTION OF INFORMATION.</DELETED>

<DELETED>    ``(a) Prohibition of Public Disclosure of Protected 
Information.--Protected information, as described in subsection (g)--
</DELETED>
        <DELETED>    ``(1) shall be exempt from disclosure under 
        section 552 of title 5, United States Code; and</DELETED>
        <DELETED>    ``(2) shall not be made available pursuant to any 
        State, local, or tribal law requiring disclosure of information 
        or records.</DELETED>
<DELETED>    ``(b) Information Sharing.--</DELETED>
        <DELETED>    ``(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).</DELETED>
        <DELETED>    ``(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).</DELETED>
        <DELETED>    ``(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.</DELETED>
<DELETED>    ``(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).</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(g) Protected Information.--</DELETED>
        <DELETED>    ``(1) In general.--For purposes of this title, the 
        term `protected information' means any of the 
        following:</DELETED>
                <DELETED>    ``(A) Security vulnerability assessments 
                and site security plans, including any assessment 
                required under section 2111.</DELETED>
                <DELETED>    ``(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:</DELETED>
                        <DELETED>    ``(i) Documents directly related 
                        to the Secretary's review and approval or 
                        disapproval of vulnerability assessments and 
                        site security plans under this title.</DELETED>
                        <DELETED>    ``(ii) Documents directly related 
                        to inspections and audits under this 
                        title.</DELETED>
                        <DELETED>    ``(iii) Orders, notices, or 
                        letters regarding the compliance of a covered 
                        chemical facility with the requirements of this 
                        title.</DELETED>
                        <DELETED>    ``(iv) Information, documents, or 
                        records required to be provided to or created 
                        by the Secretary under subsection (b) or (c) of 
                        section 2102.</DELETED>
                        <DELETED>    ``(v) Documents directly related 
                        to security drills and training exercises, 
                        security threats and breaches of security, and 
                        maintenance, calibration, and testing of 
                        security equipment.</DELETED>
                <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(2) Exclusions.--Notwithstanding paragraph (1), 
        the term `protected information' does not include--</DELETED>
                <DELETED>    ``(A) information, other than a security 
                vulnerability assessment or site security plan, that 
                the Secretary has determined by regulation to be--
                </DELETED>
                        <DELETED>    ``(i) appropriate to describe 
                        facility compliance with the requirements of 
                        this title and the Secretary's implementation 
                        of such requirements; and</DELETED>
                        <DELETED>    ``(ii) not detrimental to chemical 
                        facility security if disclosed; or</DELETED>
                <DELETED>    ``(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--</DELETED>
                        <DELETED>    ``(i) information that is required 
                        to be made publicly available under any other 
                        provision of law; and</DELETED>
                        <DELETED>    ``(ii) information that a chemical 
                        facility has lawfully disclosed other than in a 
                        submission to the Secretary pursuant to a 
                        requirement of this title.</DELETED>

<DELETED>``SEC. 2111. METHODS TO REDUCE THE CONSEQUENCES OF A TERRORIST 
              ATTACK.</DELETED>

<DELETED>    ``(a) Assessment Required.--</DELETED>
        <DELETED>    ``(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--</DELETED>
                <DELETED>    ``(A) a description of the methods to 
                reduce the consequences of a terrorist attack 
                implemented and considered for implementation by the 
                covered chemical facility;</DELETED>
                <DELETED>    ``(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;</DELETED>
                <DELETED>    ``(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</DELETED>
                <DELETED>    ``(D) any other information that the owner 
                or operator of the covered chemical facility considered 
                in conducting the assessment.</DELETED>
        <DELETED>    ``(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.</DELETED>
<DELETED>    ``(b) Implementation.--</DELETED>
        <DELETED>    ``(1) Implementation.--</DELETED>
                <DELETED>    ``(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--</DELETED>
                        <DELETED>    ``(i) would significantly reduce 
                        the risk of death, injury, or serious adverse 
                        effects to human health resulting from a 
                        chemical facility terrorist incident but--
                        </DELETED>
                                <DELETED>    ``(I) would not increase 
                                the interim storage of a substance of 
                                concern outside the facility;</DELETED>
                                <DELETED>    ``(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;</DELETED>
                                <DELETED>    ``(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</DELETED>
                                <DELETED>    ``(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;</DELETED>
                        <DELETED>    ``(ii) can feasibly be 
                        incorporated into the operation of the covered 
                        chemical facility; and</DELETED>
                        <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(2) Review of inability to comply.--</DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(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.</DELETED>
<DELETED>    ``(c) Agricultural Sector.--</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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:</DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(D) Recommendations for how to mitigate 
                any adverse impacts identified pursuant to subparagraph 
                (C).</DELETED>
        <DELETED>    ``(3) Definitions.--In this subsection:</DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(B) Agricultural end-users.--The term 
                `agricultural end-users' means facilities such as--
                </DELETED>
                        <DELETED>    ``(i) farms, including crop, 
                        fruit, nut, and vegetable farms;</DELETED>
                        <DELETED>    ``(ii) ranches and 
                        rangeland;</DELETED>
                        <DELETED>    ``(iii) poultry, dairy, and equine 
                        facilities;</DELETED>
                        <DELETED>    ``(iv) turfgrass 
                        growers;</DELETED>
                        <DELETED>    ``(v) golf courses;</DELETED>
                        <DELETED>    ``(vi) nurseries;</DELETED>
                        <DELETED>    ``(vii) floricultural operations; 
                        and</DELETED>
                        <DELETED>    ``(viii) public and private 
                        parks.</DELETED>
<DELETED>    ``(d) Small Covered Chemical Facilities.--</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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--</DELETED>
                <DELETED>    ``(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</DELETED>
                <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.</DELETED>
<DELETED>    ``(e) Provision of Information on Alternative 
Approaches.--</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(2) Information to be included.--The information 
        under paragraph (1) may include information about--</DELETED>
                <DELETED>    ``(A) general and specific types of such 
                methods;</DELETED>
                <DELETED>    ``(B) combinations of chemical sources, 
                substances of concern, and hazardous processes or 
                conditions for which such methods could be 
                appropriate;</DELETED>
                <DELETED>    ``(C) the availability of specific methods 
                to reduce the consequences of a terrorist 
                attack;</DELETED>
                <DELETED>    ``(D) the costs and cost savings resulting 
                from the use of such methods;</DELETED>
                <DELETED>    ``(E) emerging technologies that could be 
                transferred from research models or prototypes to 
                practical applications;</DELETED>
                <DELETED>    ``(F) the availability of technical 
                assistance and best practices; and</DELETED>
                <DELETED>    ``(G) such other matters that the 
                Secretary determines are appropriate.</DELETED>
        <DELETED>    ``(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.</DELETED>
<DELETED>    ``(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.</DELETED>

<DELETED>``SEC. 2112. APPLICABILITY.</DELETED>

<DELETED>    ``This title shall not apply to--</DELETED>
        <DELETED>    ``(1) any chemical facility that is owned and 
        operated by the Secretary of Defense;</DELETED>
        <DELETED>    ``(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;</DELETED>
        <DELETED>    ``(3) all or a specified portion of any chemical 
        facility that--</DELETED>
                <DELETED>    ``(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.);</DELETED>
                <DELETED>    ``(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</DELETED>
                <DELETED>    ``(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;</DELETED>
        <DELETED>    ``(4) any public water system subject to the Safe 
        Drinking Water Act (42 U.S.C. 300f et seq.); or</DELETED>
        <DELETED>    ``(5) any treatment works, as defined in section 
        212 of the Federal Water Pollution Control Act (33 U.S.C. 
        1292).</DELETED>

<DELETED>``SEC. 2113. SAVINGS CLAUSE.</DELETED>

<DELETED>    ``(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.).</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(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.</DELETED>

<DELETED>``SEC. 2114. OFFICE OF CHEMICAL FACILITY SECURITY.</DELETED>

<DELETED>    ``(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.</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(d) Outreach Support.--</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.</DELETED>

<DELETED>``SEC. 2115. SECURITY BACKGROUND CHECKS OF COVERED INDIVIDUALS 
              AT CERTAIN CHEMICAL FACILITIES.</DELETED>

<DELETED>    ``(a) Regulations Issued by the Secretary.--</DELETED>
        <DELETED>    ``(1) In general.--</DELETED>
                <DELETED>    ``(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--</DELETED>
                        <DELETED>    ``(i) measures designed to verify 
                        and validate identity;</DELETED>
                        <DELETED>    ``(ii) measures designed to check 
                        criminal history;</DELETED>
                        <DELETED>    ``(iii) measures designed to 
                        verify and validate legal authorization to 
                        work; and</DELETED>
                        <DELETED>    ``(iv) measures designed to 
                        identify people with terrorist ties.</DELETED>
                <DELETED>    ``(B) Individuals described.--For purposes 
                of subparagraph (A), an individual described in this 
                subparagraph is--</DELETED>
                        <DELETED>    ``(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;</DELETED>
                        <DELETED>    ``(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</DELETED>
                        <DELETED>    ``(iii) a person who is determined 
                        by the Secretary to require a security 
                        background check based on chemical facility 
                        security performance standards.</DELETED>
        <DELETED>    ``(2) Regulations.--The regulations required by 
        paragraph (1) shall set forth--</DELETED>
                <DELETED>    ``(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);</DELETED>
                <DELETED>    ``(B) the processes to conduct the 
                security background checks;</DELETED>
                <DELETED>    ``(C) the necessary biographical 
                information and other data required in order to conduct 
                the security background checks;</DELETED>
                <DELETED>    ``(D) a redress process for an adversely-
                affected person consistent with subsections (b) and 
                (c); and</DELETED>
                <DELETED>    ``(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.</DELETED>
<DELETED>    ``(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--</DELETED>
        <DELETED>    ``(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;</DELETED>
        <DELETED>    ``(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;</DELETED>
        <DELETED>    ``(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;</DELETED>
        <DELETED>    ``(4) is determined by the Secretary to be on the 
        consolidated terrorist watchlist; or</DELETED>
        <DELETED>    ``(5) is determined, as a result of the security 
        background check, not to be legally authorized to work in the 
        United States.</DELETED>
<DELETED>    ``(c) Redress Processes.--Upon the issuance of regulations 
under subsection (a), the Secretary shall--</DELETED>
        <DELETED>    ``(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;</DELETED>
        <DELETED>    ``(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;</DELETED>
        <DELETED>    ``(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;</DELETED>
        <DELETED>    ``(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);</DELETED>
        <DELETED>    ``(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);</DELETED>
        <DELETED>    ``(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</DELETED>
        <DELETED>    ``(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.</DELETED>
<DELETED>    ``(d) Reconsideration Process.--</DELETED>
        <DELETED>    ``(1) In general.--The reconsideration process 
        required under subsection (c)(4) shall--</DELETED>
                <DELETED>    ``(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</DELETED>
                <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(2) Determination by the secretary.--In making a 
        determination described under paragraph (1)(A), the Secretary 
        shall--</DELETED>
                <DELETED>    ``(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</DELETED>
                <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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).</DELETED>
<DELETED>    ``(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:</DELETED>
        <DELETED>    ``(1) Such information may not be made available 
        to the public.</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(3) Such information shall be maintained 
        confidentially by the facility and the Secretary and may be 
        used only for making determinations under this 
        section.</DELETED>
        <DELETED>    ``(4) The Secretary may share such information 
        with other Federal, State, local, and tribal law enforcement 
        agencies.</DELETED>
<DELETED>    ``(f) Savings Clause.--</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.</DELETED>
<DELETED>    ``(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).</DELETED>
<DELETED>    ``(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:</DELETED>
        <DELETED>    ``(1) Relevant databases to verify and validate 
        identity.</DELETED>
        <DELETED>    ``(2) Relevant criminal history 
        databases.</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(4) The consolidated terrorist 
        watchlist.</DELETED>
        <DELETED>    ``(5) Other relevant information or databases, as 
        determined by the Secretary.</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(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.</DELETED>

<DELETED>``SEC. 2116. CITIZEN ENFORCEMENT.</DELETED>

<DELETED>    ``(a) In General.--Except as provided in subsection (c), 
any person may commence a civil action on such person's own behalf--
</DELETED>
        <DELETED>    ``(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</DELETED>
        <DELETED>    ``(2) against the Secretary, for an alleged 
        failure to perform any act or duty under this title that is not 
        discretionary for the Secretary.</DELETED>
<DELETED>    ``(b) Court of Jurisdiction.--</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.</DELETED>
<DELETED>    ``(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--</DELETED>
        <DELETED>    ``(1) the Secretary; and</DELETED>
        <DELETED>    ``(2) in the case of an action under subsection 
        (a)(1), any governmental entity alleged to be in violation of 
        an order.</DELETED>
<DELETED>    ``(d) Notice.--Notice under this section shall be given in 
such manner as the Secretary shall prescribe by regulation.</DELETED>
<DELETED>    ``(e) Intervention.--In any action under this section, the 
Secretary, if not a party, may intervene as a matter of 
right.</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(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.</DELETED>

<DELETED>``SEC. 2117. CITIZEN PETITIONS.</DELETED>

<DELETED>    ``(a) Regulations.--The Secretary shall issue regulations 
to establish a citizen petition process for petitions described in 
subsection (b). Such regulations shall include--</DELETED>
        <DELETED>    ``(1) the format for such petitions;</DELETED>
        <DELETED>    ``(2) the procedure for investigation of 
        petitions;</DELETED>
        <DELETED>    ``(3) the procedure for response to such 
        petitions, including timelines;</DELETED>
        <DELETED>    ``(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</DELETED>
        <DELETED>    ``(5) the procedure for rejection or acceptance by 
        the Secretary of the recommendation of the Office of the 
        Inspector General.</DELETED>
<DELETED>    ``(b) Petitions.--The regulations issued pursuant to 
subsection (a) shall allow any person to file a petition with the 
Secretary--</DELETED>
        <DELETED>    ``(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</DELETED>
        <DELETED>    ``(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.</DELETED>
<DELETED>    ``(c) Requirements.--Upon issuance of regulations under 
subsection (a), the Secretary shall--</DELETED>
        <DELETED>    ``(1) accept all petitions described under 
        subsection (b) that meet the requirements of the regulations 
        promulgated under subsection (a);</DELETED>
        <DELETED>    ``(2) investigate all allegations contained in 
        accepted petitions;</DELETED>
        <DELETED>    ``(3) determine whether enforcement action will be 
        taken concerning the alleged violation or violations;</DELETED>
        <DELETED>    ``(4) respond to all accepted petitions promptly 
        and in writing;</DELETED>
        <DELETED>    ``(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;</DELETED>
        <DELETED>    ``(6) maintain an internal record including all 
        protected information related to the determination;</DELETED>
        <DELETED>    ``(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--</DELETED>
                <DELETED>    ``(A) a review of the full record by the 
                Inspector General of the Department, including a review 
                of protected information; and</DELETED>
                <DELETED>    ``(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</DELETED>
        <DELETED>    ``(8) respond to a recommendation submitted by the 
        Inspector General under paragraph (7) by adopting or rejecting 
        the recommendation.</DELETED>

<DELETED>``SEC. 2118. NOTIFICATION SYSTEM TO ADDRESS PUBLIC 
              CONCERNS.</DELETED>

<DELETED>    ``(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.</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(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.</DELETED>

<DELETED>``SEC. 2119. ANNUAL REPORT TO CONGRESS.</DELETED>

<DELETED>    ``(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:</DELETED>
        <DELETED>    ``(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--</DELETED>
                <DELETED>    ``(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--</DELETED>
                        <DELETED>    ``(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</DELETED>
                        <DELETED>    ``(ii) in the case of each 
                        subsequent report, since the submittal of the 
                        most recent report submitted under this 
                        section; and</DELETED>
                <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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--</DELETED>
                <DELETED>    ``(A) the number of chemical facilities 
                that provided the Secretary with information about 
                possessing substances of concern, as described in 
                section 2102(b)(2);</DELETED>
                <DELETED>    ``(B) the number of covered chemical 
                facilities assigned to each tier;</DELETED>
                <DELETED>    ``(C) the number of security vulnerability 
                assessments and site security plans submitted by 
                covered chemical facilities;</DELETED>
                <DELETED>    ``(D) the number of security vulnerability 
                assessments and site security plans approved and 
                disapproved by the Secretary;</DELETED>
                <DELETED>    ``(E) the number of covered chemical 
                facilities without approved security vulnerability 
                assessments or site security plans;</DELETED>
                <DELETED>    ``(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;</DELETED>
                <DELETED>    ``(G) the number of orders for compliance 
                issued by the Secretary;</DELETED>
                <DELETED>    ``(H) the administrative penalties 
                assessed by the Secretary for non-compliance with the 
                requirements of this title;</DELETED>
                <DELETED>    ``(I) the civil penalties assessed by the 
                court for non-compliance with the requirements of this 
                title;</DELETED>
                <DELETED>    ``(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</DELETED>
                <DELETED>    ``(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.</DELETED>
<DELETED>    ``(b) Public Availability.--A report submitted under this 
section shall be made publicly available.</DELETED>

<DELETED>``SEC. 2120. AUTHORIZATION OF APPROPRIATIONS.</DELETED>

<DELETED>    ``There is authorized to be appropriated to the Secretary 
of Homeland Security to carry out this title--</DELETED>
        <DELETED>    ``(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);</DELETED>
        <DELETED>    ``(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</DELETED>
        <DELETED>    ``(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).''.</DELETED>
<DELETED>    (b) Clerical Amendment.--The table of contents in section 
1(b) of such Act is amended by adding at the end the 
following:</DELETED>

  <DELETED>``TITLE XXI--REGULATION OF SECURITY PRACTICES AT CHEMICAL 
                               FACILITIES

<DELETED>``Sec. 2101. Definitions.
<DELETED>``Sec. 2102. Risk-based designation and ranking of chemical 
                            facilities.
<DELETED>``Sec. 2103. Security vulnerability assessments and site 
                            security plans.
<DELETED>``Sec. 2104. Site inspections.
<DELETED>``Sec. 2105. Records.
<DELETED>``Sec. 2106. Timely sharing of threat information.
<DELETED>``Sec. 2107. Enforcement.
<DELETED>``Sec. 2108. Whistleblower protections.
<DELETED>``Sec. 2109. Federal preemption.
<DELETED>``Sec. 2110. Protection of information.
<DELETED>``Sec. 2111. Methods to reduce the consequences of a terrorist 
                            attack.
<DELETED>``Sec. 2112. Applicability.
<DELETED>``Sec. 2113. Savings clause.
<DELETED>``Sec. 2114. Office of Chemical Facility Security.
<DELETED>``Sec. 2115. Security background checks of covered individuals 
                            at certain chemical facilities.
<DELETED>``Sec. 2116. Citizen enforcement.
<DELETED>``Sec. 2117. Citizen petitions.
<DELETED>``Sec. 2118. Notification system to address public concerns.
<DELETED>``Sec. 2119. Annual report to Congress.
<DELETED>``Sec. 2120. Authorization of appropriations.''.
<DELETED>    (c) Conforming Repeal.--</DELETED>
        <DELETED>    (1) Repeal.--The Department of Homeland Security 
        Appropriations Act, 2007 (Public Law 109-295) is amended by 
        striking section 550.</DELETED>
        <DELETED>    (2) Effective date.--The amendment made by 
        paragraph (1) shall take effect on the date of the enactment of 
        this title.</DELETED>
<DELETED>    (d) Regulations.--</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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--
        </DELETED>
                <DELETED>    (A) the designation of substances of 
                concern;</DELETED>
                <DELETED>    (B) methods to reduce the consequences of 
                a terrorist attack;</DELETED>
                <DELETED>    (C) security at drinking water facilities 
                and wastewater treatment works;</DELETED>
                <DELETED>    (D) the treatment of protected 
                information; and</DELETED>
                <DELETED>    (E) such other matters as the Secretary 
                determines necessary.</DELETED>
        <DELETED>    (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'').</DELETED>
        <DELETED>    (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--</DELETED>
                <DELETED>    (A) continue to carry out the CFATS 
                regulations, as in effect immediately before the date 
                of the enactment of this title;</DELETED>
                <DELETED>    (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</DELETED>
                <DELETED>    (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).</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (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:</DELETED>
        <DELETED>    (1) The date of the first periodic review 
        conducted pursuant to such subsection after the date of the 
        enactment of this title.</DELETED>
        <DELETED>    (2) The date that is one year after the date of 
        the enactment of this title.</DELETED>

          <DELETED>TITLE II--DRINKING WATER SECURITY</DELETED>

<DELETED>SEC. 201. SHORT TITLE.</DELETED>

<DELETED>    This title may be cited as the ``Drinking Water System 
Security Act of 2009''.</DELETED>

<DELETED>SEC. 202. INTENTIONAL ACTS AFFECTING THE SECURITY OF COVERED 
              WATER SYSTEMS.</DELETED>

<DELETED>    (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:</DELETED>

<DELETED>``SEC. 1433. INTENTIONAL ACTS.</DELETED>

<DELETED>    ``(a) Risk-based Performance Standards; Vulnerability 
Assessments; Site Security Plans; Emergency Response Plans.--</DELETED>
        <DELETED>    ``(1) In general.--The Administrator shall issue 
        regulations--</DELETED>
                <DELETED>    ``(A) establishing risk-based performance 
                standards for the security of covered water systems; 
                and</DELETED>
                <DELETED>    ``(B) establishing requirements and 
                deadlines for each covered water system--</DELETED>
                        <DELETED>    ``(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;</DELETED>
                        <DELETED>    ``(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);</DELETED>
                        <DELETED>    ``(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;</DELETED>
                        <DELETED>    ``(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</DELETED>
                        <DELETED>    ``(v) to provide annual training 
                        to employees and contractor employees of 
                        covered water systems on implementing site 
                        security plans and emergency response 
                        plans.</DELETED>
        <DELETED>    ``(2) Covered water systems.--For purposes of this 
        section, the term `covered water system' means a public water 
        system that--</DELETED>
                <DELETED>    ``(A) is a community water system serving 
                a population greater than 3,300; or</DELETED>
                <DELETED>    ``(B) in the discretion of the 
                Administrator, presents a security risk making 
                regulation under this section appropriate.</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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--</DELETED>
                <DELETED>    ``(A) provision of threat-related and 
                other baseline information to covered water 
                systems;</DELETED>
                <DELETED>    ``(B) designation of substances of 
                concern;</DELETED>
                <DELETED>    ``(C) development of risk-based 
                performance standards;</DELETED>
                <DELETED>    ``(D) establishment of risk-based tiers 
                and process for the assignment of covered water systems 
                to risk-based tiers;</DELETED>
                <DELETED>    ``(E) process for the development and 
                evaluation of vulnerability assessments, site security 
                plans, and emergency response plans;</DELETED>
                <DELETED>    ``(F) treatment of protected information; 
                and</DELETED>
                <DELETED>    ``(G) such other matters as the 
                Administrator determines necessary.</DELETED>
        <DELETED>    ``(5) Substances of concern.--For purposes of this 
        section, the Administrator, in consultation with the Secretary 
        of Homeland Security--</DELETED>
                <DELETED>    ``(A) may designate any chemical substance 
                as a substance of concern;</DELETED>
                <DELETED>    ``(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</DELETED>
                <DELETED>    ``(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).</DELETED>
        <DELETED>    ``(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--</DELETED>
                <DELETED>    ``(A) substantially disrupt the ability of 
                the system to provide a safe and reliable supply of 
                drinking water;</DELETED>
                <DELETED>    ``(B) cause the release of a substance of 
                concern at the covered water system; or</DELETED>
                <DELETED>    ``(C) cause the theft, misuse, or 
                misappropriation of a substance of concern.</DELETED>
<DELETED>    ``(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).</DELETED>
<DELETED>    ``(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--
</DELETED>
        <DELETED>    ``(1) pipes and constructed conveyances;</DELETED>
        <DELETED>    ``(2) physical barriers;</DELETED>
        <DELETED>    ``(3) water collection, pretreatment, treatment, 
        storage, and distribution facilities, including fire 
        hydrants;</DELETED>
        <DELETED>    ``(4) electronic, computer, and other automated 
        systems that are used by the covered water system;</DELETED>
        <DELETED>    ``(5) the use, storage, or handling of various 
        chemicals, including substances of concern;</DELETED>
        <DELETED>    ``(6) the operation and maintenance of the covered 
        water system; and</DELETED>
        <DELETED>    ``(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.</DELETED>
<DELETED>    ``(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.</DELETED>
        <DELETED>    ``(1) Assignment of risk-based tiers.--</DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(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--</DELETED>
                        <DELETED>    ``(i) an intentional act to cause 
                        a release, including a worst-case release, of a 
                        substance of concern at the covered water 
                        system;</DELETED>
                        <DELETED>    ``(ii) an intentional act to 
                        introduce a contaminant into the drinking water 
                        supply or disrupt the safe and reliable supply 
                        of drinking water; and</DELETED>
                        <DELETED>    ``(iii) an intentional act to 
                        steal, misappropriate, or misuse substances of 
                        concern.</DELETED>
        <DELETED>    ``(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).</DELETED>
<DELETED>    ``(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--</DELETED>
        <DELETED>    ``(1) address the security risks identified in its 
        vulnerability assessment; and</DELETED>
        <DELETED>    ``(2) comply with the applicable risk-based 
        performance standards required under this section.</DELETED>
<DELETED>    ``(f) Role of Employees.--</DELETED>
        <DELETED>    ``(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).</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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--</DELETED>
                <DELETED>    ``(A) at least one supervisory and at 
                least one non-supervisory employee of the covered water 
                system; and</DELETED>
                <DELETED>    ``(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.  </DELETED>
<DELETED>    ``(g) Methods To Reduce the Consequences of a Chemical 
Release From an Intentional Act.--</DELETED>
        <DELETED>    ``(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--</DELETED>
                <DELETED>    ``(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;</DELETED>
                <DELETED>    ``(B) the modification of pressures, 
                temperatures, or concentrations of a substance of 
                concern; and</DELETED>
                <DELETED>    ``(C) the reduction or elimination of 
                onsite handling of a substance of concern through 
                improvement of inventory control or chemical use 
                efficiency.</DELETED>
        <DELETED>    ``(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--
        </DELETED>
                <DELETED>    ``(A) a description of the methods to 
                reduce the consequences of a chemical release from an 
                intentional act;</DELETED>
                <DELETED>    ``(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;</DELETED>
                <DELETED>    ``(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;</DELETED>
                <DELETED>    ``(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);</DELETED>
                <DELETED>    ``(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;</DELETED>
                <DELETED>    ``(F) any other relevant information that 
                the covered water system relied on in conducting the 
                assessment; and</DELETED>
                <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(3) Required methods.--</DELETED>
                <DELETED>    ``(A) Application.--This paragraph applies 
                to a covered water system--</DELETED>
                        <DELETED>    ``(i) that is assigned to one of 
                        the two highest risk-based tiers under 
                        subsection (d); and</DELETED>
                        <DELETED>    ``(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).</DELETED>
                <DELETED>    ``(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--
                </DELETED>
                        <DELETED>    ``(i) determine whether to require 
                        the covered water system to implement the 
                        methods; and</DELETED>
                        <DELETED>    ``(ii) for States exercising 
                        primary enforcement responsibility, report such 
                        determination to the Administrator.</DELETED>
                <DELETED>    ``(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--
                </DELETED>
                        <DELETED>    ``(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;</DELETED>
                        <DELETED>    ``(ii) would not increase the 
                        interim storage of a substance of concern by 
                        the covered water system;</DELETED>
                        <DELETED>    ``(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</DELETED>
                        <DELETED>    ``(iv) is feasible, as defined in 
                        section 1412(b)(4)(D), to be incorporated into 
                        the operation of the covered water 
                        system.</DELETED>
                <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(4) Incomplete or late assessments.--</DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(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).</DELETED>
                <DELETED>    ``(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).</DELETED>
        <DELETED>    ``(5) Enforcement.--</DELETED>
                <DELETED>    ``(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).</DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.</DELETED>
<DELETED>    ``(h) Review by Administrator.--</DELETED>
        <DELETED>    ``(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--</DELETED>
                <DELETED>    ``(A) if the assessment or plan has any 
                significant deficiency described in paragraph (2), 
                require the covered water system to correct the 
                deficiency; or</DELETED>
                <DELETED>    ``(B) approve such assessment or 
                plan.</DELETED>
        <DELETED>    ``(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--</DELETED>
                <DELETED>    ``(A) such assessment does not comply with 
                the regulations established under section (a)(1); 
                or</DELETED>
                <DELETED>    ``(B) such plan--</DELETED>
                        <DELETED>    ``(i) fails to address 
                        vulnerabilities identified in a vulnerability 
                        assessment; or</DELETED>
                        <DELETED>    ``(ii) fails to meet applicable 
                        risk-based performance standards.     
                        </DELETED>
        <DELETED>    ``(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.</DELETED>
<DELETED>    ``(i) Emergency Response Plan.--</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(3) Contents.--A covered water system's 
        emergency response plan shall include--</DELETED>
                <DELETED>    ``(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</DELETED>
                <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.</DELETED>
<DELETED>    ``(j) Maintenance of Records.--Each covered water system 
shall maintain an updated copy of its vulnerability assessment, site 
security plan, and emergency response plan.</DELETED>
<DELETED>    ``(k) Audit; Inspection.--</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.</DELETED>
<DELETED>    ``(l) Protection of Information.--</DELETED>
        <DELETED>    ``(1) Prohibition of public disclosure of 
        protected information.--Protected information shall--</DELETED>
                <DELETED>    ``(A) be exempt from disclosure under 
                section 552 of title 5, United States Code; 
                and</DELETED>
                <DELETED>    ``(B) not be made available pursuant to 
                any State, local, or tribal law requiring disclosure of 
                information or records.</DELETED>
        <DELETED>    ``(2) Information sharing.--</DELETED>
                <DELETED>    ``(A) In general.--The Administrator shall 
                prescribe such regulations, and may issue such orders, 
                as necessary to prohibit the unauthorized disclosure of 
                protected information.</DELETED>
                <DELETED>    ``(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).</DELETED>
                <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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).</DELETED>
        <DELETED>    ``(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--</DELETED>
                <DELETED>    ``(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</DELETED>
                <DELETED>    ``(B) to comply with any other provision 
                of law.</DELETED>
        <DELETED>    ``(5) Congressional oversight.--Nothing in this 
        section permits or authorizes the withholding of information 
        from Congress or any committee or subcommittee 
        thereof.</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(7) Protected information.--</DELETED>
                <DELETED>    ``(A) In general.--For purposes of this 
                section, the term `protected information' means any of 
                the following:</DELETED>
                        <DELETED>    ``(i) Vulnerability assessments 
                        and site security plans under this section, 
                        including any assessment developed pursuant to 
                        subsection (g)(2).</DELETED>
                        <DELETED>    ``(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).</DELETED>
                        <DELETED>    ``(iii) Documents directly related 
                        to inspections and audits under this 
                        section.</DELETED>
                        <DELETED>    ``(iv) Orders, notices, or letters 
                        regarding the compliance of a covered water 
                        system with the requirements of this 
                        section.</DELETED>
                        <DELETED>    ``(v) Information, documents, or 
                        records required to be provided to or created 
                        by, the Administrator under subsection 
                        (d).</DELETED>
                        <DELETED>    ``(vi) Documents directly related 
                        to security drills and training exercises, 
                        security threats and breaches of security, and 
                        maintenance, calibration, and testing of 
                        security equipment.</DELETED>
                        <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(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--</DELETED>
                        <DELETED>    ``(i) the Secretary has determined 
                        by regulation would be detrimental to the 
                        security of one or more covered water systems 
                        if disclosed; and</DELETED>
                        <DELETED>    ``(ii) are developed by the 
                        Administrator, the State, or the covered water 
                        system for the purposes of this 
                        section.</DELETED>
                <DELETED>    ``(C) Exclusions.--Notwithstanding 
                subparagraphs (A) and (B), the term `protected 
                information' does not include--</DELETED>
                        <DELETED>    ``(i) information, other than a 
                        security vulnerability assessment or site 
                        security plan, that the Administrator has 
                        determined by regulation to be--</DELETED>
                                <DELETED>    ``(I) appropriate to 
                                describe system compliance with the 
                                requirements of this title and the 
                                Administrator's implementation of such 
                                requirements; and</DELETED>
                                <DELETED>    ``(II) not detrimental to 
                                the security of one or more covered 
                                water systems if disclosed; 
                                or</DELETED>
                        <DELETED>    ``(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--</DELETED>
                                <DELETED>    ``(I) information that is 
                                required to be made publicly available 
                                under any other provision of law; 
                                and</DELETED>
                                <DELETED>    ``(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.</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(o) Violations.--</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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--
        </DELETED>
                <DELETED>    ``(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</DELETED>
                <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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)).</DELETED>
<DELETED>    ``(p) Report to Congress.--</DELETED>
        <DELETED>    ``(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:</DELETED>
                <DELETED>    ``(A) A generalized summary of measures 
                implemented by covered water systems in order to meet 
                each risk-based performance standard established by 
                this section.</DELETED>
                <DELETED>    ``(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--</DELETED>
                        <DELETED>    ``(i) the number of public water 
                        systems that provided the Administrator with 
                        information pursuant to subsection 
                        (d)(1);</DELETED>
                        <DELETED>    ``(ii) the number of covered water 
                        systems assigned to each risk-based 
                        tier;</DELETED>
                        <DELETED>    ``(iii) the number of 
                        vulnerability assessments and site security 
                        plans submitted by covered water 
                        systems;</DELETED>
                        <DELETED>    ``(iv) the number of vulnerability 
                        assessments and site security plans approved 
                        and disapproved by the Administrator;</DELETED>
                        <DELETED>    ``(v) the number of covered water 
                        systems without approved vulnerability 
                        assessments or site security plans;</DELETED>
                        <DELETED>    ``(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;</DELETED>
                        <DELETED>    ``(vii) the number of audits and 
                        inspections conducted by the Administrator or 
                        duly designated representatives of the 
                        Administrator;</DELETED>
                        <DELETED>    ``(viii) the number of orders for 
                        compliance issued by the 
                        Administrator;</DELETED>
                        <DELETED>    ``(ix) the administrative 
                        penalties assessed by the Administrator for 
                        non-compliance with the requirements of this 
                        section;</DELETED>
                        <DELETED>    ``(x) the civil penalties assessed 
                        by courts for non-compliance with the 
                        requirements of this section; and</DELETED>
                        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(2) Public availability.--A report submitted 
        under this section shall be made publicly available.</DELETED>
<DELETED>    ``(q) Grant Programs.--</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(3) Preparation grants.--</DELETED>
                <DELETED>    ``(A) Grants.--The Administrator may award 
                grants to, or enter into cooperative agreements with, 
                covered water systems to assist such systems in--
                </DELETED>
                        <DELETED>    ``(i) preparing and updating 
                        vulnerability assessments, site security plans, 
                        and emergency response plans;</DELETED>
                        <DELETED>    ``(ii) assessing and implementing 
                        methods to reduce the consequences of a release 
                        of a substance of concern from an intentional 
                        act; and</DELETED>
                        <DELETED>    ``(iii) implementing any other 
                        security reviews and enhancements necessary to 
                        comply with this section.</DELETED>
                <DELETED>    ``(B) Priority.--</DELETED>
                        <DELETED>    ``(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.</DELETED>
                        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(4) Worker training grants program authority.--
        </DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(C) Use of funds.--The recipient of a 
                grant under this paragraph shall use the grant to 
                provide for--</DELETED>
                        <DELETED>    ``(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</DELETED>
                        <DELETED>    ``(ii) appropriate training for 
                        first responders and emergency response 
                        providers who would respond to an intentional 
                        act at a covered water system.</DELETED>
                <DELETED>    ``(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.</DELETED>
<DELETED>    ``(r) Authorization of Appropriations.--</DELETED>
        <DELETED>    ``(1) In general.--To carry out this section, 
        there are authorized to be appropriated--</DELETED>
                <DELETED>    ``(A) $315,000,000 for fiscal year 2011, 
                of which up to--</DELETED>
                        <DELETED>    ``(i) $30,000,000 may be used for 
                        administrative costs incurred by the 
                        Administrator or the States, as appropriate; 
                        and</DELETED>
                        <DELETED>    ``(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</DELETED>
                <DELETED>    ``(B) such sums as may be necessary for 
                fiscal years 2012 through 2015.</DELETED>
        <DELETED>    ``(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.''.</DELETED>
<DELETED>    (b) Regulations; Transition.--</DELETED>
        <DELETED>    (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).</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>

<DELETED>SEC. 203. STUDY TO ASSESS THE THREAT OF CONTAMINATION OF 
              DRINKING WATER DISTRIBUTION SYSTEMS.</DELETED>

<DELETED>    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--
</DELETED>
        <DELETED>    (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</DELETED>
        <DELETED>    (2) submit a report to the Congress on the results 
        of such study.</DELETED>

   <DELETED>TITLE III--WASTEWATER TREATMENT WORKS SECURITY</DELETED>

<DELETED>SEC. 301. SHORT TITLE.</DELETED>

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

<DELETED>SEC. 302. WASTEWATER TREATMENT WORKS SECURITY.</DELETED>

<DELETED>    (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:</DELETED>

<DELETED>``SEC. 222. WASTEWATER TREATMENT WORKS SECURITY.</DELETED>

<DELETED>    ``(a) Assessment of Treatment Works Vulnerability and 
Implementation of Site Security and Emergency Response Plans.--
</DELETED>
        <DELETED>    ``(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)--</DELETED>
                <DELETED>    ``(A) conduct and, as required, update a 
                vulnerability assessment of its treatment 
                works;</DELETED>
                <DELETED>    ``(B) develop, periodically update, and 
                implement a site security plan for the treatment works; 
                and</DELETED>
                <DELETED>    ``(C) develop and, as required, revise an 
                emergency response plan for the treatment 
                works.</DELETED>
        <DELETED>    ``(2) Vulnerability assessment.--</DELETED>
                <DELETED>    ``(A) Definition.--In this section, the 
                term `vulnerability assessment' means an assessment of 
                the vulnerability of a treatment works to intentional 
                acts that may--</DELETED>
                        <DELETED>    ``(i) substantially disrupt the 
                        ability of the treatment works to safely and 
                        reliably operate; or</DELETED>
                        <DELETED>    ``(ii) have a substantial adverse 
                        effect on critical infrastructure, public 
                        health or safety, or the environment.</DELETED>
                <DELETED>    ``(B) Review.--A vulnerability assessment 
                shall include an identification of the vulnerability of 
                the treatment works'--</DELETED>
                        <DELETED>    ``(i) facilities, systems, and 
                        devices used in the storage, treatment, 
                        recycling, or reclamation of municipal sewage 
                        or industrial wastes;</DELETED>
                        <DELETED>    ``(ii) intercepting sewers, 
                        outfall sewers, sewage collection systems, and 
                        other constructed conveyances under the control 
                        of the owner or operator of the treatment 
                        works;</DELETED>
                        <DELETED>    ``(iii) electronic, computer, and 
                        other automated systems;</DELETED>
                        <DELETED>    ``(iv) pumping, power, and other 
                        equipment;</DELETED>
                        <DELETED>    ``(v) use, storage, and handling 
                        of various chemicals, including substances of 
                        concern, as identified by the 
                        Administrator;</DELETED>
                        <DELETED>    ``(vi) operation and maintenance 
                        procedures; and</DELETED>
                        <DELETED>    ``(vii) ability to ensure 
                        continuity of operations.</DELETED>
        <DELETED>    ``(3) Site security plan.--</DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(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).</DELETED>
<DELETED>    ``(b) Rulemaking and Guidance Documents.--</DELETED>
        <DELETED>    ``(1) In general.--Not later than December 31, 
        2010, the Administrator, after providing notice and an 
        opportunity for public comment, shall issue regulations--
        </DELETED>
                <DELETED>    ``(A) establishing risk-based performance 
                standards for the security of a treatment works 
                identified under subsection (a)(1); and</DELETED>
                <DELETED>    ``(B) establishing requirements and 
                deadlines for each owner or operator of a treatment 
                works identified under subsection (a)(1)--</DELETED>
                        <DELETED>    ``(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;</DELETED>
                        <DELETED>    ``(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);</DELETED>
                        <DELETED>    ``(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;</DELETED>
                        <DELETED>    ``(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</DELETED>
                        <DELETED>    ``(v) to provide annual training 
                        to employees of the treatment works on 
                        implementing site security plans and emergency 
                        response plans.</DELETED>
        <DELETED>    ``(2) Risk-based tiers and performance 
        standards.--</DELETED>
                <DELETED>    ``(A) In general.--In developing 
                regulations under this subsection, the Administrator 
                shall--</DELETED>
                        <DELETED>    ``(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</DELETED>
                        <DELETED>    ``(ii) establish risk-based 
                        performance standards for site security plans 
                        and emergency response plans required under 
                        this section.</DELETED>
                <DELETED>    ``(B) Risk-based tiers.--</DELETED>
                        <DELETED>    ``(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.</DELETED>
                        <DELETED>    ``(ii) Factors to consider.--In 
                        assigning a treatment works to a risk-based 
                        tier, the Administrator shall consider--
                        </DELETED>
                                <DELETED>    ``(I) the size of the 
                                treatment works;</DELETED>
                                <DELETED>    ``(II) the proximity of 
                                the treatment works to large population 
                                centers;</DELETED>
                                <DELETED>    ``(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</DELETED>
                                <DELETED>    ``(IV) any other factor 
                                that the Administrator determines to be 
                                appropriate.</DELETED>
                        <DELETED>    ``(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.</DELETED>
                        <DELETED>    ``(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).</DELETED>
                <DELETED>    ``(C) Risk-based performance standards.--
                </DELETED>
                        <DELETED>    ``(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.</DELETED>
                        <DELETED>    ``(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).</DELETED>
                <DELETED>    ``(D) Site security plans.--</DELETED>
                        <DELETED>    ``(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--</DELETED>
                                <DELETED>    ``(I) address the security 
                                risks identified in its vulnerability 
                                assessment; and</DELETED>
                                <DELETED>    ``(II) comply with the 
                                applicable risk-based performance 
                                standards required by this 
                                subsection.</DELETED>
        <DELETED>    ``(3) Methods to reduce the consequences of a 
        chemical release from an intentional act.--</DELETED>
                <DELETED>    ``(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--
                </DELETED>
                        <DELETED>    ``(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;</DELETED>
                        <DELETED>    ``(ii) the modification of 
                        pressures, temperatures, or concentrations of a 
                        substance of concern; and</DELETED>
                        <DELETED>    ``(iii) the reduction or 
                        elimination of onsite handling of a substance 
                        of concern through the improvement of inventory 
                        control or chemical use efficiency.</DELETED>
                <DELETED>    ``(B) Assessment.--</DELETED>
                        <DELETED>    ``(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.</DELETED>
                        <DELETED>    ``(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--</DELETED>
                                <DELETED>    ``(I) a description of the 
                                methods to reduce the consequences of a 
                                chemical release from an intentional 
                                act;</DELETED>
                                <DELETED>    ``(II) a description of 
                                how each described method to reduce the 
                                consequences of a chemical release from 
                                an intentional act could, if applied--
                                </DELETED>
                                        <DELETED>    ``(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</DELETED>
                                        <DELETED>    ``(bb) impact the 
                                        operations of the treatment 
                                        works in meeting the goals and 
                                        requirements of this 
                                        Act;</DELETED>
                                <DELETED>    ``(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;</DELETED>
                                <DELETED>    ``(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;</DELETED>
                                <DELETED>    ``(V) any other relevant 
                                information that the owner or operator 
                                of a treatment works relied on in 
                                conducting the assessment; 
                                and</DELETED>
                                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(C) Required methods.--</DELETED>
                        <DELETED>    ``(i) Application.--This 
                        subparagraph applies to a treatment works 
                        identified under subsection (a)(1) that--
                        </DELETED>
                                <DELETED>    ``(I) is assigned to one 
                                of the two highest risk-based tiers 
                                established under paragraph (2)(A); 
                                and</DELETED>
                                <DELETED>    ``(II) possesses or plans 
                                to possess a substance of concern in 
                                excess of the threshold quantity set by 
                                the Administrator under subsection 
                                (c)(2).</DELETED>
                        <DELETED>    ``(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--</DELETED>
                                <DELETED>    ``(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</DELETED>
                                <DELETED>    ``(II) in the case of a 
                                State with such approved program, the 
                                State shall report such determination 
                                to the Administrator.</DELETED>
                        <DELETED>    ``(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--</DELETED>
                                <DELETED>    ``(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;</DELETED>
                                <DELETED>    ``(II) would not increase 
                                the interim storage by the treatment 
                                works of a substance of concern 
                                designated under subsection 
                                (c);</DELETED>
                                <DELETED>    ``(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</DELETED>
                                <DELETED>    ``(IV) is feasible, as 
                                determined by the Administrator, to be 
                                incorporated into the operations of the 
                                treatment works.</DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(E) Incomplete or late assessments.--
                </DELETED>
                        <DELETED>    ``(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.</DELETED>
                        <DELETED>    ``(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).</DELETED>
                        <DELETED>    ``(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).</DELETED>
                <DELETED>    ``(F) Enforcement.--</DELETED>
                        <DELETED>    ``(i) Failure by state to make 
                        determination.--</DELETED>
                                <DELETED>    ``(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.</DELETED>
                                <DELETED>    ``(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).</DELETED>
                        <DELETED>    ``(ii) Failure by state to bring 
                        enforcement action.--</DELETED>
                                <DELETED>    ``(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.</DELETED>
                                <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(4) Consultation with state authorities.--In 
        developing the regulations under this subsection, the 
        Administrator shall consult with States with approved programs 
        under section 402.</DELETED>
        <DELETED>    ``(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--
        </DELETED>
                <DELETED>    ``(A) the provision of threat-related and 
                other baseline information to treatment works 
                identified under subsection (a)(1);</DELETED>
                <DELETED>    ``(B) the designation of substances of 
                concern under subsection (c);</DELETED>
                <DELETED>    ``(C) the development of risk-based 
                performance standards;</DELETED>
                <DELETED>    ``(D) the establishment of risk-based 
                tiers and the process for the assignment of treatment 
                works identified under subsection (a)(1) to such 
                tiers;</DELETED>
                <DELETED>    ``(E) the process for the development and 
                evaluation of vulnerability assessments, site security 
                plans, and emergency response plans;</DELETED>
                <DELETED>    ``(F) the treatment of protected 
                information; and</DELETED>
                <DELETED>    ``(G) any other factor that the 
                Administrator determines to be appropriate.</DELETED>
        <DELETED>    ``(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.</DELETED>
<DELETED>    ``(c) Substances of Concern.--For purposes of this 
section, the Administrator, in consultation with the Secretary of 
Homeland Security--</DELETED>
        <DELETED>    ``(1) may designate any chemical substance as a 
        substance of concern;</DELETED>
        <DELETED>    ``(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</DELETED>
        <DELETED>    ``(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).</DELETED>
<DELETED>    ``(d) Review of Vulnerability Assessment and Site Security 
Plan.--</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(2) Standard of review.--The Administrator shall 
        review each vulnerability assessment and site security plan 
        submitted under this subsection and--</DELETED>
                <DELETED>    ``(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</DELETED>
                <DELETED>    ``(B) approve such assessment or 
                plan.</DELETED>
        <DELETED>    ``(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--
        </DELETED>
                <DELETED>    ``(A) such assessment does not comply with 
                the regulations promulgated under subsection (b); 
                or</DELETED>
                <DELETED>    ``(B) such plan--</DELETED>
                        <DELETED>    ``(i) fails to address 
                        vulnerabilities identified in a vulnerability 
                        assessment; or</DELETED>
                        <DELETED>    ``(ii) fails to meet applicable 
                        risk-based performance standards.</DELETED>
        <DELETED>    ``(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--</DELETED>
                <DELETED>    ``(A) includes a clear explanation of the 
                deficiency in the vulnerability assessment or site 
                security plan;</DELETED>
                <DELETED>    ``(B) provides guidance to assist the 
                owner or operator in addressing the deficiency; 
                and</DELETED>
                <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.</DELETED>
<DELETED>    ``(e) Emergency Response Plan.--</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(3) Contents.--An emergency response plan shall 
        include a description of--</DELETED>
                <DELETED>    ``(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</DELETED>
                <DELETED>    ``(B) actions, procedures, and 
                identification of equipment that can obviate or 
                significantly reduce the impact of intentional acts 
                to--</DELETED>
                        <DELETED>    ``(i) substantially disrupt the 
                        ability of the treatment works to safely and 
                        reliably operate; or</DELETED>
                        <DELETED>    ``(ii) have a substantial adverse 
                        effect on critical infrastructure, public 
                        health or safety, or the environment.</DELETED>
        <DELETED>    ``(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.</DELETED>
<DELETED>    ``(f) Role of Employees.--</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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--
        </DELETED>
                <DELETED>    ``(A) at least one supervisory and at 
                least one nonsupervisory employee of the treatment 
                works; and</DELETED>
                <DELETED>    ``(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.</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(h) Audit; Inspection.--</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.</DELETED>
<DELETED>    ``(i) Protection of Information.--</DELETED>
        <DELETED>    ``(1) Prohibition of public disclosure of 
        protected information.--Protected information shall--</DELETED>
                <DELETED>    ``(A) be exempt from disclosure under 
                section 552 of title 5, United States Code; 
                and</DELETED>
                <DELETED>    ``(B) not be made available pursuant to 
                any State, local, or tribal law requiring disclosure of 
                information or records.</DELETED>
        <DELETED>    ``(2) Information sharing.--</DELETED>
                <DELETED>    ``(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).</DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(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).</DELETED>
                <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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).</DELETED>
        <DELETED>    ``(4) Other obligations unaffected.--Nothing in 
        this section amends or affects an obligation of the owner or 
        operator of a treatment works to--</DELETED>
                <DELETED>    ``(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</DELETED>
                <DELETED>    ``(B) comply with any other provision of 
                law.</DELETED>
        <DELETED>    ``(5) Congressional oversight.--Nothing in this 
        section permits or authorizes the withholding of information 
        from Congress or any committee or subcommittee 
        thereof.</DELETED>
        <DELETED>    ``(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).</DELETED>
        <DELETED>    ``(7) Protected information.--</DELETED>
                <DELETED>    ``(A) In general.--For purposes of this 
                section, the term `protected information' means any of 
                the following:</DELETED>
                        <DELETED>    ``(i) Vulnerability assessments 
                        and site security plans under this section, 
                        including any assessment developed under 
                        subsection (b)(3)(B).</DELETED>
                        <DELETED>    ``(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).</DELETED>
                        <DELETED>    ``(iii) Documents directly related 
                        to inspections and audits under this 
                        section.</DELETED>
                        <DELETED>    ``(iv) Orders, notices, or letters 
                        regarding the compliance of a treatment works 
                        described in subsection (a)(1) with the 
                        requirements of this section.</DELETED>
                        <DELETED>    ``(v) Information required to be 
                        provided to, or documents and records created 
                        by, the Administrator under subsection 
                        (b)(2).</DELETED>
                        <DELETED>    ``(vi) Documents directly related 
                        to security drills and training exercises, 
                        security threats and breaches of security, and 
                        maintenance, calibration, and testing of 
                        security equipment.</DELETED>
                        <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(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--</DELETED>
                        <DELETED>    ``(i) the Secretary has determined 
                        by regulation would be detrimental to the 
                        security of a treatment works if disclosed; 
                        and</DELETED>
                        <DELETED>    ``(ii) are developed by the 
                        Administrator, the State, or the treatment 
                        works for the purposes of this 
                        section.</DELETED>
                <DELETED>    ``(C) Exclusions.--Notwithstanding 
                subparagraphs (A) and (B), the term `protected 
                information' does not include--</DELETED>
                        <DELETED>    ``(i) information, other than a 
                        security vulnerability assessment or site 
                        security plan, that the Administrator has 
                        determined by regulation to be--</DELETED>
                                <DELETED>    ``(I) appropriate to 
                                describe treatment works compliance 
                                with the requirements of this title and 
                                the Administrator's implementation of 
                                such requirements; and</DELETED>
                                <DELETED>    ``(II) not detrimental to 
                                the security of one or more treatment 
                                works if disclosed; or</DELETED>
                        <DELETED>    ``(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--</DELETED>
                                <DELETED>    ``(I) information that is 
                                required to be made publicly available 
                                under any other provision of law; 
                                and</DELETED>
                                <DELETED>    ``(II) information that a 
                                treatment works has lawfully disclosed 
                                other than in a submission to the 
                                Administrator pursuant to a requirement 
                                of this title.</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(k) Report to Congress.--</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(2) Contents of the report.--Each such report 
        shall include, at a minimum, the following:</DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(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--</DELETED>
                        <DELETED>    ``(i) the number of treatment 
                        works that provided the Administrator with 
                        information pursuant to subsection 
                        (b)(2)(B)(iii);</DELETED>
                        <DELETED>    ``(ii) the number of treatment 
                        works assigned to each risk-based 
                        tier;</DELETED>
                        <DELETED>    ``(iii) the number of 
                        vulnerability assessments and site security 
                        plans submitted by treatment works;</DELETED>
                        <DELETED>    ``(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;</DELETED>
                        <DELETED>    ``(v) the number of treatment 
                        works without approved vulnerability 
                        assessments or site security plans;</DELETED>
                        <DELETED>    ``(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;</DELETED>
                        <DELETED>    ``(vii) the number of audits and 
                        inspections conducted by the Administrator; 
                        and</DELETED>
                        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(3) Public availability.--A report submitted 
        under this section shall be made publicly available.</DELETED>
<DELETED>    ``(l) Grants for Vulnerability Assessments, Security 
Enhancements, and Worker Training Programs.--</DELETED>
        <DELETED>    ``(1) In general.--The Administrator may make a 
        grant to a State, municipality, or intermunicipal or interstate 
        agency--</DELETED>
                <DELETED>    ``(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);</DELETED>
                <DELETED>    ``(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);</DELETED>
                <DELETED>    ``(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</DELETED>
                <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(2) Grants for security enhancements.--
        </DELETED>
                <DELETED>    ``(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:</DELETED>
                        <DELETED>    ``(i) Purchase and installation of 
                        equipment for access control, intrusion 
                        prevention and delay, and detection of 
                        intruders and hazardous or dangerous 
                        substances, including--</DELETED>
                                <DELETED>    ``(I) barriers, fencing, 
                                and gates;</DELETED>
                                <DELETED>    ``(II) security lighting 
                                and cameras;</DELETED>
                                <DELETED>    ``(III) metal grates, wire 
                                mesh, and outfall entry 
                                barriers;</DELETED>
                                <DELETED>    ``(IV) securing of manhole 
                                covers and fill and vent 
                                pipes;</DELETED>
                                <DELETED>    ``(V) installation and re-
                                keying of doors and locks; 
                                and</DELETED>
                                <DELETED>    ``(VI) smoke, chemical, 
                                and explosive mixture detection 
                                systems.</DELETED>
                        <DELETED>    ``(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.</DELETED>
                        <DELETED>    ``(iii) Participation in training 
                        programs and the purchase of training manuals 
                        and guidance materials relating to 
                        security.</DELETED>
                        <DELETED>    ``(iv) Security screening of 
                        employees or contractor support 
                        services.</DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(D) Federal share.--The Federal share of 
                the cost of activities funded by a grant under 
                paragraph (1) may not exceed 75 percent.</DELETED>
        <DELETED>    ``(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.</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(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.''.</DELETED>

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Continuing Chemical Facilities 
Antiterrorism Security Act of 2010''.

SEC. 2. EXTENSION OF CHEMICAL FACILITIES ANTITERRORISM SECURITY 
              PROGRAM.

    (a) In General.--Section 550(b) of the Department of Homeland 
Security Appropriations Act, 2007 (6 U.S.C. 121 note) is amended by 
striking ``October 4, 2010'' and inserting ``October 4, 2013''.
    (b) Chemical Facility Security Enhancements.--
            (1) In general.--The Homeland Security Act of 2002 (6 
        U.S.C. 101 et seq.) is amended by adding at the end the 
        following:

                ``TITLE XXI--CHEMICAL FACILITY SECURITY

``SEC. 2101. DEFINITIONS.

    ``In this title--
            ``(1) the term `Board' means the Chemical Facility Security 
        Advisory Board established under section 2105(a);
            ``(2) the term `Chemical Facility Anti-Terrorism Standards' 
        means the interim final regulations issued by the Secretary 
        under section 550 of the Department of Homeland Security 
        Appropriations Act, 2007 (6 U.S.C. 121 note); and
            ``(3) the term `covered chemical facility' means a chemical 
        facility subject to the Chemical Facility Anti-Terrorism 
        Standards.

``SEC. 2102. CHEMICAL SECURITY TRAINING PROGRAM.

    ``(a) Establishment.--Acting through the Administrator of the 
Federal Emergency Management Agency and in coordination with the Under 
Secretary for National Protection and Programs, the Secretary shall 
establish a voluntary chemical security training program (referred to 
in this section as the `training program') for the purpose of enhancing 
the capabilities of high-risk chemical facilities to prevent, prepare 
for, respond to, mitigate against, and recover from threatened or 
actual acts of terrorism, natural disasters, and other man-made 
disasters.
    ``(b) Requirements.--The training program shall provide validated 
voluntary training that--
            ``(1) reaches multiple disciplines, including Federal, 
        State, and local government officials, commercial personnel and 
        management, and governmental and nongovernmental emergency 
        response providers;
            ``(2) provides training at the awareness, performance, and 
        management and planning levels;
            ``(3) uses multiple training mediums and methods;
            ``(4) is coordinated with training provided by government 
        training facilities, academic institutions, private 
        organizations, and other entities that provide specialized, 
        state-of-the-art training for governmental and nongovernmental 
        emergency responder providers or commercial personnel and 
        management;
            ``(5) uses, as appropriate, government training facilities, 
        courses provided by community colleges, public safety 
        academies, State and private universities, and other 
        facilities;
            ``(6) is consistent with, and supports implementation of, 
        the National Incident Management System, the National Response 
        Framework, the National Infrastructure Protection Plan, the 
        National Preparedness Guidance, the National Preparedness Goal, 
        the National Maritime Transportation Security Plan, and other 
        such national initiatives, and any successors thereto;
            ``(7) is evaluated against clear and consistent performance 
        measures;
            ``(8) addresses security requirements under chemical 
        facility security plans; and
            ``(9) educates, trains, and involves individuals in 
        neighborhoods around chemical facilities on how to observe and 
        report security risks.

``SEC. 2103. CHEMICAL SECURITY EXERCISE PROGRAM.

    ``(a) In General.--Acting through the Administrator of the Federal 
Emergency Management Agency and in coordination with Under Secretary 
for National Protection and Programs, the Secretary shall develop a 
voluntary chemical security exercise program (referred to in this 
section as the `exercise program') for the purpose of offering 
voluntary testing and evaluation of the capabilities of the Federal 
Government, State governments, commercial personnel and management, 
governmental and nongovernmental emergency response providers, the 
private sector, or any other organization or entity, as the Secretary 
determines to be appropriate, to prevent, prepare for, mitigate 
against, respond to, and recover from acts of terrorism, natural 
disasters, and other emergencies at chemical facilities.
    ``(b) Requirements.--Under the exercise program, the Secretary 
shall conduct, on a periodic basis, voluntary joint security exercises 
at chemical facilities that are--
            ``(1) scaled and tailored to the needs of each chemical 
        facility;
            ``(2) for the highest risk chemical facilities, as 
        determined by the Secretary, live training exercises;
            ``(3) as realistic as practicable and based on current risk 
        assessments, including credible threats, vulnerabilities, and 
        consequences;
            ``(4) consistent with the National Incident Management 
        System, the National Response Framework, the National 
        Infrastructure Protection Plan, the National Preparedness 
        Guidance, the National Preparedness Goal, the National Maritime 
        Transportation Security Plan, and other such national 
        initiatives, and any successors thereto;
            ``(5) evaluated against clear and consistent performance 
        measures;
            ``(6) assessed to learn best practices, which shall be 
        shared with appropriate Federal, State, and local officials, 
        commercial personnel and management, governmental and 
        nongovernmental emergency response providers, and the private 
        sector;
            ``(7) followed by remedial action in response to lessons 
        learned; and
            ``(8) designed to assist State and local governments and 
        chemical facilities in designing, implementing, and evaluating 
        exercises that--
                    ``(A) conform to the requirements of this 
                paragraph; and
                    ``(B) are consistent with any applicable Buffer 
                Zone Protection Plan, State homeland security plan, or 
                urban area homeland security plan.

``SEC. 2104. VOLUNTARY TECHNICAL ASSISTANCE PROGRAM.

    ``(a) Establishment.--The Secretary, acting through the Assistant 
Secretary for Infrastructure Protection, in coordination with the Under 
Secretary for Science and Technology, and in consultation with the 
Board, shall establish a voluntary technical assistance program under 
which, upon request by the owner or operator of a covered chemical 
facility, and subject to the availability of resources at the 
Department, the Secretary may provide nonbinding assistance or 
recommendations to the owner or operator to--
            ``(1) reduce the risk or consequences associated with a 
        successful act of terrorism against a covered chemical 
        facility, including the reduction of risk or consequences--
                    ``(A) sufficient to decrease the risk-based tier 
                assigned to the covered chemical facility under the 
                Chemical Facility Anti-Terrorism Standards; or
                    ``(B) such that the covered chemical facility no 
                longer presents a high level of security risk; or
            ``(2) aid in compliance with the risk based performance 
        standards applicable to the covered chemical facility under the 
        Chemical Facility Anti-Terrorism Standards.
    ``(b) Voluntary Nature of Assistance.--
            ``(1) In general.--The decision to--
                    ``(A) participate in the voluntary technical 
                assistance program under this section; or
                    ``(B) implement any assistance or recommendations 
                provided by the Secretary under this section,
        shall be at the sole discretion of the owner or operator of a 
        covered chemical facility.
            ``(2) No required assessment.--The Secretary may not 
        require the owner or operator of a covered chemical facility 
        to--
                    ``(A) consider any assistance or recommendation 
                provided under this section as part of a security 
                vulnerability assessment under the Chemical Facility 
                Anti-Terrorism Standards; or
                    ``(B) assess, directly or indirectly, the costs, 
                benefits, economic or technical feasibility, or 
                practicality of implementing any assistance or 
                recommendation provided under this section.
            ``(3) Site security plan review.--If the site security plan 
        for a covered chemical facility satisfies the risk-based 
        performance standards applicable to the covered chemical 
        facility under the Chemical Facility Anti-Terrorism Standards, 
        the Secretary may not disapprove the site security plan based 
        on--
                    ``(A) a decision by the owner or operator of a 
                covered chemical facility not to--
                            ``(i) participate in the voluntary 
                        technical assistance program under this 
                        section; or
                            ``(ii) implement assistance or a 
                        recommendation provided by the Secretary under 
                        this section; or
                    ``(B) the presence or absence of a particular 
                security measure.
            ``(4) Effect on tiering.--At the request of the owner or 
        operator of a covered chemical facility, the Secretary shall 
        advise the owner or operator of the overall effect that 
        implementing all categories of assistance or recommendations 
        provided by the Secretary under this section would have on the 
        determination by the Secretary--
                    ``(A) of the placement of the covered chemical 
                facility in a risk-based tier under the Chemical 
                Facility Anti-Terrorism Standards; or
                    ``(B) regarding whether the covered chemical 
                facility would no longer present a high level of 
                security risk.
            ``(5) Civil liability.--
                    ``(A) In general.--Subject to subparagraph (B), no 
                action, or failure to act, by the owner or operator of 
                a covered chemical facility relating to assistance or a 
                recommendation provided by the Secretary under this 
                section shall be interpreted, construed, implied, or 
                applied to create any liability or cause of action for 
                compensation for bodily injury, any other injury, or 
                property damage to any person that may result from an 
                act of terrorism or incident at the covered chemical 
                facility.
                    ``(B) Additional or intervening acts or 
                omissions.--Subparagraph (A) shall not apply to any 
                injury or damage caused by any additional or 
                intervening act or omission of the owner or operator of 
                a covered chemical facility.
                    ``(C) Rule of construction.--Except as provided in 
                this section, nothing in subparagraph (A) shall be 
                construed to abrogate or limit any right, remedy, or 
                authority that the Federal Government, any State or 
                local government, or any entity or agency of the 
                Federal Government or a State or local government may 
                possess under any other provision of law.
    ``(c) Best Practices.--Subject to subsection (d), the Secretary 
shall develop a repository for information and data on best practices 
and cost-effective technologies for implementing the Chemical Facility 
Anti-Terrorism Standards and the voluntary technical assistance program 
under this section.
    ``(d) Information Protection.--Any information obtained by the 
Secretary under the voluntary technical assistance program under this 
section or for purposes of subsection (c) shall--
            ``(1) to the extent that the information may reveal 
        vulnerabilities or other details of the security capabilities 
        of a covered chemical facility that may be exploited by 
        terrorists, be protected as chemical-terrorism vulnerability 
        information under the Chemical Facility Anti-Terrorism 
        Standards; and
            ``(2) to the extent that the information may reveal trade 
        secrets or commercial or financial information that is not 
        customarily in the public domain, be protected as though the 
        information was voluntarily shared critical infrastructure 
        information under section 214, except that the requirement 
        under section 214 that the information be voluntarily 
        submitted, including the requirement for an express statement 
        specified in section 214(a)(2), shall not apply to information 
        obtained under this section.
    ``(e) Report on Lessons Learned.--Not later than October 4, 2013, 
the Secretary, in coordination with the Board, shall submit to the 
Committee on Homeland Security and Governmental Affairs of the Senate 
and the Committee on Homeland Security of the House of Representatives 
a report regarding lessons learned from the voluntary technical 
assistance program under this section.
    ``(f) Availability of Appropriations.--Of the amounts made 
available for the Chemical Facility Anti-Terrorism Standards for each 
of fiscal years 2011 through 2015, not less than $5,000,000 shall be 
made available for the provision of voluntary technical assistance 
under this section.

``SEC. 2105. CHEMICAL FACILITY SECURITY ADVISORY BOARD.

    ``(a) Establishment.--Not later than 90 days after the date of 
enactment of this section, the Secretary shall establish under section 
871 a Chemical Facility Security Advisory Board.
    ``(b) Responsibilities.--The Board shall advise the Secretary on 
the implementation of the Chemical Facility Anti-Terrorism Standards, 
including regarding the implementation of the voluntary technical 
assistance program under section 2103.
    ``(c) Membership.--There shall be 9 members of the Board, who shall 
be appointed by the Secretary and shall represent a geographic and 
substantive cross-section of the United States, including--
            ``(1) not less than 5 owners or operators of covered 
        chemical facilities;
            ``(2) not less than 2 employees of covered chemical 
        facilities with direct responsibility for process design and 
        engineering, production and operations, or chemical process 
        security, and
            ``(3) not less than 2 other experts in the fields of 
        chemistry, security, process design and engineering, process 
        controls and instrumentation, environmental health and safety, 
        maintenance, production and operations, or chemical process 
        security.
    ``(d) Term.--The members of the Board shall be appointed for such 
terms as the Secretary may determine.
    ``(e) Applicability of Federal Advisory Committee Act.--The Federal 
Advisory Committee Act (5 U.S.C. App.) shall apply to the Board.

``SEC. 2106. AUTHORIZATION OF APPROPRIATIONS.

    ``There are authorized to be appropriated to the Secretary such 
sums as are necessary to carry out this title.''.
            (2) Table of contents.--The table of contents in section 
        1(b) of the Homeland Security Act of 2002 (6 U.S.C. 101 et 
        seq.) is amended by inserting after the item relating to 
        section 2022 the following:

                ``TITLE XXI--CHEMICAL FACILITY SECURITY

``Sec. 2101. Definitions.
``Sec. 2102. Chemical security training program.
``Sec. 2103. Chemical security exercise program.
``Sec. 2104. Voluntary technical assistance program.
``Sec. 2105. Chemical Facility Security Advisory Board.
``Sec. 2106. Authorization of appropriations.''.
            Amend the title so as to read: ``An Act to extend the 
        chemical facility security program of the Department of 
        Homeland Security, and for other purposes.''.
                                                       Calendar No. 700

111th CONGRESS

  2d Session

                               H. R. 2868

                          [Report No. 111-370]

_______________________________________________________________________

                                 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.

_______________________________________________________________________

                           December 16, 2010

        Reported with an amendment and an amendment to the title