[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3258 Reported in House (RH)]
Union Calendar No. 179
111th CONGRESS
1st Session
H. R. 3258
[Report No. 111-313]
To amend the Safe Drinking Water Act to enhance the security of the
public water systems of the United States.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 20, 2009
Mr. Waxman (for himself, Mr. Markey of Massachusetts, Mr. Pallone, Mrs.
Capps, Mr. Sarbanes, and Ms. Schakowsky) introduced the following bill;
which was referred to the Committee on Energy and Commerce
October 23, 2009
Additional sponsors: Ms. Shea-Porter, Mr. Hinchey, Mr. Cohen, Mrs.
Maloney, and Mr. Berman
October 23, 2009
Reported with an amendment, committed to the Committee of the Whole
House on the State of the Union, and ordered to be printed
[Strike out all after the enacting clause and insert the part printed
in italic]
[For text of introduced bill, see copy of bill as introduced on July
20, 2009]
_______________________________________________________________________
A BILL
To amend the Safe Drinking Water Act to enhance the security of the
public water systems of the United States.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Drinking Water System Security Act
of 2009''.
SEC. 2. INTENTIONAL ACTS AFFECTING THE SECURITY OF COVERED WATER
SYSTEMS.
(a) Amendment of Safe Drinking Water Act.--Section 1433 of the Safe
Drinking Water Act (42 U.S.C. 300i-2) is amended to read as follows:
``SEC. 1433. INTENTIONAL ACTS.
``(a) Risk-based Performance Standards; Vulnerability Assessments;
Site Security Plans; Emergency Response Plans.--
``(1) In general.--The Administrator shall issue
regulations--
``(A) establishing risk-based performance standards
for the security of covered water systems; and
``(B) establishing requirements and deadlines for
each covered water system--
``(i) to conduct a vulnerability assessment
or, if the system already has a vulnerability
assessment, to revise the assessment to be in
accordance with this section;
``(ii) to update the vulnerability
assessment not less than every 5 years and
promptly after any change at the system that
could cause the reassignment of the system to a
different risk-based tier under subsection (d);
``(iii) to develop, implement, and, as
appropriate, revise a site security plan not
less than every 5 years and promptly after a
revision to the vulnerability assessment;
``(iv) to develop an emergency response
plan (or, if the system has already developed
an emergency response plan, to revise the plan
to be in accordance with this section) and
revise the plan not less than every 5 years
thereafter; and
``(v) to provide annual training to
employees and contractor employees of covered
water systems on implementing site security
plans and emergency response plans.
``(2) Covered water systems.--For purposes of this section,
the term `covered water system' means a public water system
that--
``(A) is a community water system serving a
population greater than 3,300; or
``(B) in the discretion of the Administrator,
presents a security risk making regulation under this
section appropriate.
``(3) Consultation with state authorities.--In developing
and carrying out the regulations under paragraph (1), the
Administrator shall consult with States exercising primary
enforcement responsibility for public water systems.
``(4) Consultation with other persons.--In developing and
carrying out the regulations under paragraph (1), the
Administrator shall consult with the Secretary of Homeland
Security, and, as appropriate, other persons regarding--
``(A) provision of threat-related and other
baseline information to covered water systems;
``(B) designation of substances of concern;
``(C) development of risk-based performance
standards;
``(D) establishment of risk-based tiers and process
for the assignment of covered water systems to risk-
based tiers;
``(E) process for the development and evaluation of
vulnerability assessments, site security plans, and
emergency response plans;
``(F) treatment of protected information;
``(G) security at co-managed drinking water and
wastewater facilities; and
``(H) such other matters as the Administrator
determines necessary.
``(5) Substances of concern.--For purposes of this section,
the Administrator, in consultation with the Secretary of
Homeland Security--
``(A) may designate any chemical substance as a
substance of concern;
``(B) at the time any substance is designated
pursuant to subparagraph (A), shall establish by rule a
threshold quantity for the release or theft of the
substance, taking into account the toxicity,
reactivity, volatility, dispersability, combustibility,
and flammability of the substance and the amount of the
substance that, as a result of a release, is known to
cause or may be reasonably anticipated to cause death,
injury, or serious adverse effects to human health or
the environment; and
``(C) in making such a designation, shall take into
account appendix A to part 27 of title 6, Code of
Federal Regulations (or any successor regulations).
``(6) Baseline information.--The Administrator, after
consultation with appropriate departments and agencies of the
Federal Government and with State, local, and tribal
governments, shall, for purposes of facilitating compliance
with the requirements of this section, promptly after the
effective date of the regulations under subsection (a)(1) and
as appropriate thereafter, provide baseline information to
covered water systems regarding which kinds of intentional acts
are the probable threats to--
``(A) substantially disrupt the ability of the
system to provide a safe and reliable supply of
drinking water;
``(B) cause the release of a substance of concern
at the covered water system; or
``(C) cause the theft, misuse, or misappropriation
of a substance of concern.
``(b) Risk-Based Performance Standards.--The regulations under
subsection (a)(1) shall set forth risk-based performance standards for
site security plans required by this section. The standards shall be
separate and, as appropriate, increasingly stringent based on the level
of risk associated with the covered water system's risk-based tier
assignment under subsection (d). In developing such standards, the
Administrator shall take into account section 27.230 of title 6, Code
of Federal Regulations (or any successor regulations).
``(c) Vulnerability Assessment.--The regulations under subsection
(a)(1) shall require each covered water system to assess the system's
vulnerability to a range of intentional acts, including an intentional
act that results in a release of a substance of concern that is known
to cause or may be reasonably anticipated to cause death, injury, or
serious adverse effects to human health or the environment. At a
minimum, the vulnerability assessment shall include a review of--
``(1) pipes and constructed conveyances;
``(2) physical barriers;
``(3) water collection, pretreatment, treatment, storage,
and distribution facilities, including fire hydrants;
``(4) electronic, computer, and other automated systems
that are used by the covered water system;
``(5) the use, storage, or handling of various chemicals,
including substances of concern;
``(6) the operation and maintenance of the covered water
system; and
``(7) the covered water system's resiliency and ability to
ensure continuity of operations in the event of a disruption
caused by an intentional act.
``(d) Risk-Based Tiers.--The regulations under subsection (a)(1)
shall provide for 4 risk-based tiers applicable to covered water
systems, with tier one representing the highest degree of security
risk.
``(1) Assignment of risk-based tiers.--
``(A) Submission of information.--The Administrator
may require a covered water system to submit
information in order to determine the appropriate risk-
based tier for the covered water system.
``(B) Factors to consider.--The Administrator shall
assign (and reassign when appropriate) each covered
water system to one of the risk-based tiers established
pursuant to this subsection. In assigning a covered
water system to a risk-based tier, the Administrator
shall consider the potential consequences (such as
death, injury, or serious adverse effects to human
health, the environment, critical infrastructure,
national security, and the national economy) from--
``(i) an intentional act to cause a
release, including a worst-case release, of a
substance of concern at the covered water
system;
``(ii) an intentional act to introduce a
contaminant into the drinking water supply or
disrupt the safe and reliable supply of
drinking water; and
``(iii) an intentional act to steal,
misappropriate, or misuse substances of
concern.
``(2) Explanation for risk-based tier assignment.--The
Administrator shall provide each covered water system assigned
to a risk-based tier with the reasons for the tier assignment
and whether such system is required to submit an assessment
under subsection (g)(2).
``(e) Development and Implementation of Site Security Plans.--The
regulations under subsection (a)(1) shall permit each covered water
system, in developing and implementing its site security plan required
by this section, to select layered security and preparedness measures
that, in combination, appropriately--
``(1) address the security risks identified in its
vulnerability assessment; and
``(2) comply with the applicable risk-based performance
standards required under this section.
``(f) Role of Employees.--
``(1) Description of role.--Site security plans and
emergency response plans required under this section shall
describe the appropriate roles or responsibilities that
employees and contractor employees are expected to perform to
deter or respond to the intentional acts described in
subsection (d)(1)(B).
``(2) Training for employees.--Each covered water system
shall annually provide employees and contractor employees with
roles or responsibilities described in paragraph (1) with a
minimum of 8 hours of training on carrying out those roles or
responsibilities.
``(3) Employee participation.--In developing, revising, or
updating a vulnerability assessment, site security plan, and
emergency response plan required under this section, a covered
water system shall include--
``(A) at least one supervisory and at least one
non-supervisory employee of the covered water system;
and
``(B) at least one representative of each certified
or recognized bargaining agent representing facility
employees or contractor employees with roles or
responsibilities described in paragraph (1), if any, in
a collective bargaining relationship with the private
or public owner or operator of the system or with a
contractor to that system.
``(g) Methods To Reduce the Consequences of a Chemical Release From
an Intentional Act.--
``(1) Definition.--In this section, the term `method to
reduce the consequences of a chemical release from an
intentional act' means a measure at a covered water system that
reduces or eliminates the potential consequences of a release
of a substance of concern from an intentional act such as--
``(A) the elimination or reduction in the amount of
a substance of concern possessed or planned to be
possessed by a covered water system through the use of
alternate substances, formulations, or processes;
``(B) the modification of pressures, temperatures,
or concentrations of a substance of concern; and
``(C) the reduction or elimination of onsite
handling of a substance of concern through improvement
of inventory control or chemical use efficiency.
``(2) Assessment.--For each covered water system that
possesses or plans to possess a substance of concern in excess
of the release threshold quantity set by the Administrator
under subsection (a)(5), the regulations under subsection
(a)(1) shall require the covered water system to include in its
site security plan an assessment of methods to reduce the
consequences of a chemical release from an intentional act at
the covered water system. The covered water system shall
provide such assessment to the Administrator and the State
exercising primary enforcement responsibility for the covered
water system, if any. The regulations under subsection (a)(1)
shall require the system, in preparing the assessment, to
consider factors appropriate to the system's security, public
health, or environmental mission, and include--
``(A) a description of the methods to reduce the
consequences of a chemical release from an intentional
act;
``(B) how each described method to reduce the
consequences of a chemical release from an intentional
act could, if applied, reduce the potential extent of
death, injury, or serious adverse effects to human
health resulting from a chemical release;
``(C) how each described method to reduce the
consequences of a chemical release from an intentional
act could, if applied, affect the presence of
contaminants in treated water, human health, or the
environment;
``(D) whether each described method to reduce the
consequences of a chemical release from an intentional
act at the covered water system is feasible, as defined
in section 1412(b)(4)(D), but not including cost
calculations under subparagraph (E);
``(E) the costs (including capital and operational
costs) and avoided costs (including savings and
liabilities) associated with applying each described
method to reduce the consequences of a chemical release
from an intentional act at the covered water system;
``(F) any other relevant information that the
covered water system relied on in conducting the
assessment; and
``(G) a statement of whether the covered water
system has implemented or plans to implement one or
more methods to reduce the consequences of a chemical
release from an intentional act, a description of any
such methods, and, in the case of a covered water
system described in paragraph (3)(A), an explanation of
the reasons for any decision not to implement any such
methods.
``(3) Required methods.--
``(A) Application.--This paragraph applies to a
covered water system--
``(i) that is assigned to one of the two
highest risk-based tiers under subsection (d);
and
``(ii) that possesses or plans to possess a
substance of concern in excess of the release
threshold quantity set by the Administrator
under subsection (a)(5).
``(B) Highest-risk systems.--If, on the basis of
its assessment under paragraph (2), a covered water
system described in subparagraph (A) decides not to
implement methods to reduce the consequences of a
chemical release from an intentional act, the State
exercising primary enforcement responsibility for the
covered water system, if the system is located in such
a State, or the Administrator, if the covered water
system is not located in such a State, shall, in
accordance with a timeline set by the Administrator--
``(i) determine whether to require the
covered water system to implement the methods;
and
``(ii) for States exercising primary
enforcement responsibility, report such
determination to the Administrator.
``(C) State or administrator's considerations.--
Before requiring, pursuant to subparagraph (B), the
implementation of a method to reduce the consequences
of a chemical release from an intentional act, the
State exercising primary enforcement responsibility for
the covered water system, if the system is located in
such a State, or the Administrator, if the covered
water system is not located in such a State, shall
consider factors appropriate to the security, public
health, and environmental missions of covered water
systems, including an examination of whether the
method--
``(i) would significantly reduce the risk
of death, injury, or serious adverse effects to
human health resulting directly from a chemical
release from an intentional act at the covered
water system;
``(ii) would not increase the interim
storage of a substance of concern by the
covered water system;
``(iii) would not render the covered water
system unable to comply with other requirements
of this Act or drinking water standards
established by the State or political
subdivision in which the system is located; and
``(iv) is feasible, as defined in section
1412(b)(4)(D), to be incorporated into the
operation of the covered water system.
``(D) Appeal.--Before requiring, pursuant to
subparagraph (B), the implementation of a method to
reduce the consequences of a chemical release from an
intentional act, the State exercising primary
enforcement responsibility for the covered water
system, if the system is located in such a State, or
the Administrator, if the covered water system is not
located in such a State, shall provide such covered
water system an opportunity to appeal the determination
to require such implementation made pursuant to
subparagraph (B) by such State or the Administrator.
``(4) Incomplete or late assessments.--
``(A) Incomplete assessments.--If the Administrator
finds that the covered water system, in conducting its
assessment under paragraph (2), did not meet the
requirements of paragraph (2) and the applicable
regulations, the Administrator shall, after notifying
the covered water system and the State exercising
primary enforcement responsibility for that system, if
any, require the covered water system to submit a
revised assessment not later than 60 days after the
Administrator notifies such system. The Administrator
may require such additional revisions as are necessary
to ensure that the system meets the requirements of
paragraph (2) and the applicable regulations.
``(B) Late assessments.--If the Administrator finds
that a covered water system, in conducting its
assessment pursuant to paragraph (2), did not complete
such assessment in accordance with the deadline set by
the Administrator, the Administrator may, after
notifying the covered water system and the State
exercising primary enforcement responsibility for that
system, if any, take appropriate enforcement action
under subsection (o).
``(C) Review.--The State exercising primary
enforcement responsibility for the covered water
system, if the system is located in such a State, or
the Administrator, if the system is not located in such
a State, shall review a revised assessment that meets
the requirements of paragraph (2) and applicable
regulations to determine whether the covered water
system will be required to implement methods to reduce
the consequences of an intentional act pursuant to
paragraph (3).
``(5) Enforcement.--
``(A) Failure by state to make determination.--
Whenever the Administrator finds that a State
exercising primary enforcement responsibility for a
covered water system has failed to determine whether to
require the covered water system to implement methods
to reduce the consequences of a chemical release from
an intentional act, as required by paragraph (3)(B),
the Administrator shall so notify the State and covered
water system. If, beyond the thirtieth day after the
Administrator's notification under the preceding
sentence, the State has failed to make the
determination described in such sentence, the
Administrator shall so notify the State and covered
water system and shall determine whether to require the
covered water system to implement methods to reduce the
consequences of a chemical release from an intentional
act based on the factors described in paragraph (3)(C).
``(B) Failure by state to bring enforcement
action.--If the Administrator finds, with respect to a
period in which a State has primary enforcement
responsibility for a covered water system, that the
system has failed to implement methods to reduce the
consequences of a chemical release from an intentional
act (as required by the State or the Administrator
under paragraph (3)(B) or the Administrator under
subparagraph (A)), the Administrator shall so notify
the State and the covered water system. If, beyond the
thirtieth day after the Administrator's notification
under the preceding sentence, the State has not
commenced appropriate enforcement action, the
Administrator shall so notify the State and may
commence an enforcement action against the system,
including by seeking or imposing civil penalties under
subsection (o), to require implementation of such
methods.
``(C) Consideration of continued primary
enforcement responsibility.--For a State with primary
enforcement responsibility for a covered water system,
the Administrator may consider the failure of such
State to make a determination as described under
subparagraph (A) or to bring enforcement action as
described under subparagraph (B) when determining
whether a State may retain primary enforcement
responsibility under this Act.
``(6) Guidance for covered water systems assigned to tier 3
and tier 4.--For covered water systems required to conduct an
assessment under paragraph (2) and assigned by the
Administrator to tier 3 or tier 4 under subsection (d), the
Administrator shall issue guidance and, as appropriate, provide
or recommend tools, methodologies, or computer software, to
assist such covered water systems in complying with the
requirements of this section.
``(h) Review by Administrator.--
``(1) In general.--The regulations under subsection (a)(1)
shall require each covered water system to submit its
vulnerability assessment and site security plan to the
Administrator for review according to deadlines set by the
Administrator. The Administrator shall review each
vulnerability assessment and site security plan submitted under
this section and--
``(A) if the assessment or plan has any significant
deficiency described in paragraph (2), require the
covered water system to correct the deficiency; or
``(B) approve such assessment or plan.
``(2) Significant deficiencies.--A vulnerability assessment
or site security plan of a covered water system has a
significant deficiency under this subsection if the
Administrator, in consultation, as appropriate, with the State
exercising primary enforcement responsibility for such system,
if any, determines that--
``(A) such assessment does not comply with the
regulations established under section (a)(1); or
``(B) such plan--
``(i) fails to address vulnerabilities
identified in a vulnerability assessment; or
``(ii) fails to meet applicable risk-based
performance standards.
``(3) State, regional, or local governmental entities.--No
covered water system shall be required under State, local, or
tribal law to provide a vulnerability assessment or site
security plan described in this section to any State, regional,
local, or tribal governmental entity solely by reason of the
requirement set forth in paragraph (1) that the system submit
such an assessment and plan to the Administrator.
``(i) Emergency Response Plan.--
``(1) In general.--Each covered water system shall prepare
or revise, as appropriate, an emergency response plan that
incorporates the results of the system's most current
vulnerability assessment and site security plan.
``(2) Certification.--Each covered water system shall
certify to the Administrator that the system has completed an
emergency response plan. The system shall submit such
certification to the Administrator not later than 6 months
after the system's first completion or revision of a
vulnerability assessment under this section and shall submit an
additional certification following any update of the emergency
response plan.
``(3) Contents.--A covered water system's emergency
response plan shall include--
``(A) plans, procedures, and identification of
equipment that can be implemented or used in the event
of an intentional act at the covered water system; and
``(B) actions, procedures, and identification of
equipment that can obviate or significantly lessen the
impact of intentional acts on public health and the
safety and supply of drinking water provided to
communities and individuals.
``(4) Coordination.--As part of its emergency response
plan, each covered water system shall provide appropriate
information to any local emergency planning committee, local
law enforcement officials, and local emergency response
providers to ensure an effective, collective response.
``(j) Maintenance of Records.--Each covered water system shall
maintain an updated copy of its vulnerability assessment, site security
plan, and emergency response plan.
``(k) Audit; Inspection.--
``(1) In general.--Notwithstanding section 1445(b)(2), the
Administrator, or duly designated representatives of the
Administrator, shall audit and inspect covered water systems,
as necessary, for purposes of determining compliance with this
section.
``(2) Access.--In conducting an audit or inspection of a
covered water system, the Administrator or duly designated
representatives of the Administrator, as appropriate, shall
have access to the owners, operators, employees and contractor
employees, and employee representatives, if any, of such
covered water system.
``(3) Confidential communication of information; aiding
inspections.--The Administrator, or a duly designated
representative of the Administrator, shall offer non-
supervisory employees of a covered water system the opportunity
confidentially to communicate information relevant to the
employer's compliance or noncompliance with this section,
including compliance or noncompliance with any regulation or
requirement adopted by the Administrator in furtherance of the
purposes of this section. A representative of each certified or
recognized bargaining agent described in subsection (f)(3)(B),
if any, or, if none, a non-supervisory employee, shall be given
an opportunity to accompany the Administrator, or the duly
designated representative of the Administrator, during the
physical inspection of any covered water system for the purpose
of aiding such inspection, if representatives of the covered
water system will also be accompanying the Administrator or the
duly designated representative of the Administrator on such
inspection.
``(l) Protection of Information.--
``(1) Prohibition of public disclosure of protected
information.--Protected information shall--
``(A) be exempt from disclosure under section 552
of title 5, United States Code; and
``(B) not be made available pursuant to any State,
local, or tribal law requiring disclosure of
information or records.
``(2) Information sharing.--
``(A) In general.--The Administrator shall
prescribe such regulations, and may issue such orders,
as necessary to prohibit the unauthorized disclosure of
protected information, as described in paragraph (7).
``(B) Sharing of protected information.--The
regulations under subparagraph (A) shall provide
standards for and facilitate the appropriate sharing of
protected information with and between Federal, State,
local, and tribal authorities, first responders, law
enforcement officials, designated supervisory and non-
supervisory covered water system personnel with
security, operational, or fiduciary responsibility for
the system, and designated facility employee
representatives, if any. Such standards shall include
procedures for the sharing of all portions of a covered
water system's vulnerability assessment and site
security plan relating to the roles and
responsibilities of system employees or contractor
employees under subsection (f)(1) with a representative
of each certified or recognized bargaining agent
representing such employees, if any, or, if none, with
at least one supervisory and at least one non-
supervisory employee with roles and responsibilities
under subsection (f)(1).
``(C) Penalties.--Protected information, as
described in paragraph (7), shall not be shared except
in accordance with the standards provided by the
regulations under subparagraph (A). Any person who
purposefully publishes, divulges, discloses, or makes
known protected information in any manner or to any
extent not authorized by the standards provided by the
regulations under subparagraph (A), shall, upon
conviction, be imprisoned for not more than one year or
fined in accordance with the provisions of chapter 227
of title 18, United States Code, applicable to class A
misdemeanors, or both, and, in the case of Federal
employees or officeholders, shall be removed from
Federal office or employment.
``(3) Treatment of information in adjudicative
proceedings.--In any judicial or administrative proceeding,
protected information, as described in paragraph (7), shall be
treated in a manner consistent with the treatment of Sensitive
Security Information under section 525 of the Department of
Homeland Security Appropriations Act, 2007 (Public Law 109-295;
120 Stat. 1381).
``(4) Other obligations unaffected.--Except as provided in
subsection (h)(3), nothing in this section amends or affects an
obligation of a covered water system--
``(A) to submit or make available information to
system employees, employee organizations, or a Federal,
State, tribal, or local government agency under any
other law; or
``(B) to comply with any other law.
``(5) Congressional oversight.--Nothing in this section
permits or authorizes the withholding of information from
Congress or any committee or subcommittee thereof.
``(6) Disclosure of independently furnished information.--
Nothing in this section amends or affects any authority or
obligation of a Federal, State, local, or tribal agency to
protect or disclose any record or information that the Federal,
State, local, or tribal agency obtains from a covered water
system or the Administrator under any other law.
``(7) Protected information.--
``(A) In general.--For purposes of this section,
protected information is any of the following:
``(i) Vulnerability assessments and site
security plans under this section, including
any assessment developed pursuant to subsection
(g)(2).
``(ii) Documents directly related to the
Administrator's review of assessments and plans
described in clause (i) and, as applicable, the
State's review of an assessment prepared under
subsection (g)(2).
``(iii) Documents directly related to
inspections and audits under this section.
``(iv) Orders, notices, or letters
regarding the compliance of a covered water
system with the requirements of this section.
``(v) Information required to be provided
to, or documents and records created by, the
Administrator under subsection (d).
``(vi) Documents directly related to
security drills and training exercises,
security threats and breaches of security, and
maintenance, calibration, and testing of
security equipment.
``(vii) Other information, documents, and
records developed exclusively for the purposes
of this section that the Administrator
determines would be detrimental to the security
of one or more covered water systems if
disclosed.
``(B) Detriment requirement.--For purposes of
clauses (ii), (iii), (iv), (v), and (vi) of
subparagraph (A), the only portions of documents,
records, orders, notices, and letters that shall be
considered protected information are those portions
that--
``(i) would be detrimental to the security
of one or more covered water systems if
disclosed; and
``(ii) are developed by the Administrator,
the State, or the covered water system for the
purposes of this section.
``(C) Exclusions.--For purposes of this section,
protected information does not include--
``(i) information that is otherwise
publicly available, including information that
is required to be made publicly available under
any law;
``(ii) information that a covered water
system has lawfully disclosed other than in
accordance with this section; and
``(iii) information that, if disclosed,
would not be detrimental to the security of one
or more covered water systems, including
aggregate regulatory data that the
Administrator determines appropriate to
describe system compliance with the
requirements of this section and the
Administrator's implementation of such
requirements.
``(m) Relation to Chemical Facility Security Requirements.--The
following provisions (and any regulations promulgated thereunder) shall
not apply to any public water system subject to this Act:
``(1) Title XXI of the Homeland Security Act of 2002 (as
proposed to be added by H.R. 2868, the Chemical Facility Anti-
Terrorism Act of 2009).
``(2) Section 550 of the Department of Homeland Security
Appropriations Act, 2007 (Public Law 109-295).
``(3) The Chemical Facility Anti-Terrorism Act of 2009.
``(n) Preemption.--This section does not preclude or deny the right
of any State or political subdivision thereof to adopt or enforce any
regulation, requirement, or standard of performance with respect to a
covered water system that is more stringent than a regulation,
requirement, or standard of performance under this section.
``(o) Violations.--
``(1) In general.--A covered water system that violates any
requirement of this section, including by not implementing all
or part of its site security plan by such date as the
Administrator requires, shall be liable for a civil penalty of
not more than $25,000 for each day on which the violation
occurs.
``(2) Procedure.--When the Administrator determines that a
covered water system is subject to a civil penalty under
paragraph (1), the Administrator, after consultation with the
State, for covered water systems located in a State exercising
primary responsibility for the covered water system, and, after
considering the severity of the violation or deficiency and the
record of the covered water system in carrying out the
requirements of this section, may--
``(A) after notice and an opportunity for the
covered water system to be heard, issue an order
assessing a civil penalty under such paragraph for any
past or current violation, requiring compliance
immediately or within a specified time period; or
``(B) commence a civil action in the United States
district court in the district in which the violation
occurred for appropriate relief, including temporary or
permanent injunction.
``(3) Methods to reduce the consequences of a chemical
release from an intentional act.--Except as provided in
subsections (g)(4) and (g)(5), if a covered water system is
located in a State exercising primary enforcement
responsibility for the system, the Administrator may not issue
an order or commence a civil action under this section for any
deficiency in the content or implementation of the portion of
the system's site security plan relating to methods to reduce
the consequences of a chemical release from an intentional act
(as defined in subsection (g)(1)).
``(p) Report to Congress.--
``(1) Periodic report.--Not later than 3 years after the
effective date of the regulations under subsection (a)(1), and
every 3 years thereafter, the Administrator shall transmit to
the Committee on Energy and Commerce of the House of
Representatives and the Committee on Environment and Public
Works of the Senate a report on progress in achieving
compliance with this section. Each such report shall include,
at a minimum, the following:
``(A) A generalized summary of measures implemented
by covered water systems in order to meet each risk-
based performance standard established by this section.
``(B) A summary of how the covered water systems,
differentiated by risk-based tier assignment, are
complying with the requirements of this section during
the period covered by the report and how the
Administrator is implementing and enforcing such
requirements during such period including--
``(i) the number of public water systems
that provided the Administrator with
information pursuant to subsection (d)(1);
``(ii) the number of covered water systems
assigned to each risk-based tier;
``(iii) the number of vulnerability
assessments and site security plans submitted
by covered water systems;
``(iv) the number of vulnerability
assessments and site security plans approved
and disapproved by the Administrator;
``(v) the number of covered water systems
without approved vulnerability assessments or
site security plans;
``(vi) the number of covered water systems
that have been assigned to a different risk-
based tier due to implementation of a method to
reduce the consequences of a chemical release
from an intentional act and a description of
the types of such implemented methods;
``(vii) the number of audits and
inspections conducted by the Administrator or
duly designated representatives of the
Administrator;
``(viii) the number of orders for
compliance issued by the Administrator;
``(ix) the administrative penalties
assessed by the Administrator for non-
compliance with the requirements of this
section;
``(x) the civil penalties assessed by
courts for non-compliance with the requirements
of this section; and
``(xi) any other regulatory data the
Administrator determines appropriate to
describe covered water system compliance with
the requirements of this section and the
Administrator's implementation of such
requirements.
``(2) Public availability.--A report submitted under this
section shall be made publicly available.
``(q) Grant Programs.--
``(1) Implementation grants to states.--The Administrator
may award grants to, or enter into cooperative agreements with,
States, based on an allocation formula established by the
Administrator, to assist the States in implementing this
section.
``(2) Research, training, and technical assistance
grants.--The Administrator may award grants to, or enter into
cooperative agreements with, non-profit organizations to
provide research, training, and technical assistance to covered
water systems to assist them in carrying out their
responsibilities under this section.
``(3) Preparation grants.--
``(A) Grants.--The Administrator may award grants
to, or enter into cooperative agreements with, covered
water systems to assist such systems in--
``(i) preparing and updating vulnerability
assessments, site security plans, and emergency
response plans;
``(ii) assessing and implementing methods
to reduce the consequences of a release of a
substance of concern from an intentional act;
and
``(iii) implementing any other security
reviews and enhancements necessary to comply
with this section.
``(B) Priority.--
``(i) Need.--The Administrator, in awarding
grants or entering into cooperative agreements
for purposes described in subparagraph (A)(i),
shall give priority to covered water systems
that have the greatest need.
``(ii) Security risk.--The Administrator,
in awarding grants or entering into cooperative
agreements for purposes described in
subparagraph (A)(ii), shall give priority to
covered water systems that pose the greatest
security risk.
``(4) Worker training grants program authority.--
``(A) In general.--The Administrator shall
establish a grant program to award grants to eligible
entities to provide for training and education of
employees and contractor employees with roles or
responsibilities described in subsection (f)(1) and
first responders and emergency response providers who
would respond to an intentional act at a covered water
system.
``(B) Administration.--The Administrator shall
enter into an agreement with the National Institute of
Environmental Health Sciences to make and administer
grants under this paragraph.
``(C) Use of funds.--The recipient of a grant under
this paragraph shall use the grant to provide for--
``(i) training and education of employees
and contractor employees with roles or
responsibilities described in subsection
(f)(1), including the annual mandatory training
specified in subsection (f)(2) or training for
first responders in protecting nearby persons,
property, or the environment from the effects
of a release of a substance of concern at the
covered water system, with priority given to
covered water systems assigned to tier one or
tier two under subsection (d); and
``(ii) appropriate training for first
responders and emergency response providers who
would respond to an intentional act at a
covered water system.
``(D) Eligible entities.--For purposes of this
paragraph, an eligible entity is a nonprofit
organization with demonstrated experience in
implementing and operating successful worker or first
responder health and safety or security training
programs.
``(r) Authorization of Appropriations.--
``(1) In general.--To carry out this section, there are
authorized to be appropriated--
``(A) $315,000,000 for fiscal year 2011, of which
up to--
``(i) $30,000,000 may be used for
administrative costs incurred by the
Administrator or the States, as appropriate;
and
``(ii) $125,000,000 may be used to
implement methods to reduce the consequences of
a chemical release from an intentional act at
covered water systems with priority given to
covered water systems assigned to tier one or
tier two under subsection (d); and
``(B) such sums as may be necessary for fiscal
years 2012 through 2015.
``(2) Security enhancements.--Funding under this subsection
for basic security enhancements shall not include expenditures
for personnel costs or monitoring, operation, or maintenance of
facilities, equipment, or systems.''.
(b) Regulations; Transition.--
(1) Regulations.--Not later than 2 years after the date of
the enactment of this Act, the Administrator of the
Environmental Protection Agency shall promulgate final
regulations to carry out section 1433 of the Safe Drinking
Water Act, as amended by subsection (a).
(2) Effective date.--Until the effective date of the
regulations promulgated under paragraph (1), section 1433 of
the Safe Drinking Water Act, as in effect on the day before the
date of the enactment of this title, shall continue to apply.
(3) Savings provision.--Nothing in this section or the
amendment made by this section shall affect the application of
section 1433 of the Safe Drinking Water Act, as in effect
before the effective date of the regulations promulgated under
paragraph (1), to any violation of such section 1433 occurring
before such effective date, and the requirements of such
section 1433 shall remain in force and effect with respect to
such violation until the violation has been corrected or
enforcement proceedings completed, whichever is later.
SEC. 3. STUDY TO ASSESS THE THREAT OF CONTAMINATION OF DRINKING WATER
DISTRIBUTION SYSTEMS.
Not later than 180 days after the date of the enactment of this
Act, the Administrator of the Environmental Protection Agency, in
consultation with the Secretary of Homeland Security, shall--
(1) conduct a study to assess the threat of contamination
of drinking water being distributed through public water
systems, including fire main systems; and
(2) submit a report to the Congress on the results of such
study.
Union Calendar No. 179
111th CONGRESS
1st Session
H. R. 3258
[Report No. 111-313]
_______________________________________________________________________
A BILL
To amend the Safe Drinking Water Act to enhance the security of the
public water systems of the United States.
_______________________________________________________________________
October 23, 2009
Reported with an amendment, committed to the Committee of the Whole
House on the State of the Union, and ordered to be printed