[House Report 111-327]
[From the U.S. Government Publishing Office]


111th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                    111-327

======================================================================

 
   PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 2868) TO AMEND THE 
   HOMELAND SECURITY ACT OF 2002 TO EXTEND, MODIFY, AND RECODIFY THE 
AUTHORITY OF THE SECRETARY OF HOMELAND SECURITY TO ENHANCE SECURITY AND 
PROTECT AGAINST ACTS OF TERRORISM AGAINST CHEMICAL FACILITIES, AND FOR 
                             OTHER PURPOSES

                                _______
                                

  November 3, 2009.--Referred to the House Calendar and ordered to be 
                                printed

                                _______
                                

         Mr. Hastings of Florida, from the Committee on Rules, 
                        submitted  the following

                              R E P O R T

                       [To accompany H. Res. 885]

    The Committee on Rules, having had under consideration 
House Resolution 885, by a nonrecord vote, report the same to 
the House with the recommendation that the resolution be 
adopted.

                SUMMARY OF PROVISIONS OF THE RESOLUTION

    The resolution provides for consideration of H.R. 2868, the 
``Chemical Facility Anti-Terrorism Act of 2009,'' under a 
structured rule. The rule provides 90 minutes of general debate 
equally divided among and controlled by the chair and ranking 
minority member of the Committee on Homeland Security, the 
chair and ranking minority member of the Committee on Energy 
and Commerce, and the chair and ranking minority member of the 
Committee on Transportation and Infrastructure. The resolution 
waives all points of order against consideration of the bill 
except those arising under clause 9 or 10 of rule XXI. The 
resolution provides that in lieu of the amendments in the 
nature of a substitute recommended by the Committees on 
Homeland Security and Energy and Commerce now printed in the 
bill, the amendment in the nature of a substitute printed in 
part A of this report shall be considered as an original bill 
for the purpose of amendment and shall be considered as read. 
The resolution waives all points of order against the amendment 
in the nature of a substitute except those arising under clause 
10 of rule XXI. This waiver does not affect the point of order 
available under clause 9 of rule XXI (regarding earmark 
disclosure). The resolution makes in order only those 
amendments printed in part B of this report. Each such 
amendment may be offered only in the order printed in this 
report, may be offered only by a Member designated, shall be 
considered as read, shall be debatable for the time specified 
in this report equally divided and controlled by the proponent 
and an opponent, shall not be subject to amendment, and shall 
not be subject to a demand for division of the question. All 
points of order against the amendments printed in part B of 
this report are waived except for clauses 9 and 10 of rule XXI. 
The rule provides one motion to recommit with or without 
instructions. The resolution provides that the Chair may 
entertain a motion that the Committee rise only if offered by 
the chair of the Committee on Homeland Security or a designee. 
The resolution provides that the Chair may not entertain a 
motion to strike out the enacting words of the bill. Finally, 
the resolution authorizes the Speaker to entertain motions that 
the House suspend the rules at any time through the legislative 
day of November 7, 2009. The Speaker or her designee shall 
consult with the Minority Leader or his designee on the 
designation of any matter for consideration pursuant to this 
resolution.

                         EXPLANATION OF WAIVERS

    The waiver of all points of order against consideration of 
the bill (except those arising under clauses 9 or 10 of rule 
XXI) includes a waiver of clause 3(b) of rule XIII (regarding 
the inclusion of record votes in a committee report).
    Although the rule waives all points of order against the 
amendment in the nature of a substitute (except for clause 10 
of rule XXI), the Committee is not aware of any points of 
order. The waiver of all points of order is prophylactic.

                            COMMITTEE VOTES

    The results of each record vote on an amendment or motion 
to report, together with the names of those voting for and 
against, are printed below:

Rules Committee record vote No. 262

    Date: November 3, 2009.
    Measure: H.R. 2868.
    Motion by: Mr. Sessions.
    Summary of motion: To make in order and provide appropriate 
waivers for an amendment by Rep. Upton (MI), #17, which would 
exempt a covered chemical facility from implementing the 
manufacturing changes mandated by the Department of Homeland 
Security if the Secretary of Homeland Security determines such 
changes would lead to the facility laying off at least 15% of 
its workforce.
    Results: Defeated 2-6.
    Vote by Members: Hastings (FL)--Nay; Matsui--Nay; Arcuri--
Nay; Perlmutter--Nay; Polis--Nay; Dreier--Yea; Sessions--Yea; 
Slaughter--Nay.

Rules Committee record vote No. 263

    Date: November 3, 2009.
    Measure: H.R. 2868.
    Motion by: Mr. Sessions.
    Summary of motion: To make in order and provide appropriate 
waivers for an amendment by Rep. Barton (TX), #20, which would 
prevent the EPA or, as appropriate, States from compelling 
drinking water facilities to alter their processes or chemical 
inputs by striking language relating to methods to reduce the 
consequences of a chemical release from an intentional act, and 
would remove language giving priority for preparation grants to 
covered water systems posing the greatest security risk, 
leaving greatest need as the sole determining factor.
    Results: Defeated 2-6.
    Vote by Members: Hastings (FL)--Nay; Matsui--Nay; Arcuri--
Nay; Perlmutter--Nay; Polis--Nay; Dreier--Yea; Sessions--Yea; 
Slaughter--Nay.

  SUMMARY OF AMENDMENT IN THE NATURE OF A SUBSTITUTE IN PART A TO BE 
      CONSIDERED AS AN ORIGINAL BILL FOR THE PURPOSE OF AMENDMENT

    The Amendment in the Nature of a Substitute would rename 
the ``Chemical Facility Anti-Terrorism Act'' the ``Chemical and 
Water Security Act of 2009.'' This bill reauthorizes the 
Department of Homeland Security's (DHS) authority to implement 
and enforce the Chemical Facility Anti-Terrorism Standards 
(CFATS), which are currently set to expire in October 2010, and 
improves these standards in a number of ways (Title I). It also 
requires the Environmental Protection Agency (EPA) to establish 
parallel security programs for drinking water (Title II) and 
wastewater facilities (Title III).
    Title I codifies the risk-based performance-based approach 
to securing chemicals that DHS has administered since 2007 and 
includes provisions to ensure seamless transition from the 
current DHS regulations. Under this Title, facilities are 
regulated by DHS based upon several factors, including the 
threats posed to them; their vulnerabilities; and the 
consequences that would follow from an attack on them. In 
addition to harmonizing statutory authority with the current 
regulations, the amendment enhances the regulations by 
including language to address: methods to reduce the 
consequences of a terrorist act through inherently safer 
technologies (IST); the impact on small business and 
agricultural facilities; citizen enforcement; background 
checks; disallowing preemption of state laws; protection of 
information; port facilities; and whistleblower protections. 
Title I authorizes $325 million for FY2011; $300 million for 
FY2012; and $275 million for 2013.
    Title II, the Drinking Water System Security Act of 2009, 
replaces section 1433 of the Safe Drinking Water Act. This 
title requires the EPA Administrator to establish risk-based 
performance standards for community water systems serving more 
than 3,300 people and other exceptional public water systems 
that the EPA Administrator determines, in her discretion, pose 
a security risk. Key provisions include: risk-based, 
performance-based tiering and standards; consultation with 
States and DHS; security vulnerability assessments and site 
security plans; methods to reduce the consequences of an 
intentional act (IST); employee participation in developing 
security vulnerability assessments and site security plans; 
protection of information; and disallowing preemption of state 
laws. Title II authorizes $315 million for FY2011 and such sums 
as may be necessary for FY2012 through FY2015.
    Title III amends the Federal Water Pollution Control Act 
(the ``Clean Water Act'') to enhance the security of operations 
at wastewater treatment works from intentional acts that may 
substantially disrupt the ability of the facility to safely and 
reliably operate, or have a substantial adverse impact on, 
critical infrastructure, public health or safety, or the 
environment. This Title preserves the historic regulatory 
oversight of sewage treatment facilities by the EPA and ensures 
that security regulations appropriately balance water quality 
and security goals. By charging EPA with security in the water 
sector, this Act ensures seamless security-related requirements 
for public utilities with both wastewater and drinking water 
responsibilities. Key provisions include: significant Federal 
resources to enhance the security of public sewage treatment 
facilities; vulnerability assessments, site security plans, and 
emergency response plans for treatment works; risk-based 
evaluation of treatment works; methods to reduce the 
consequences of a terrorist act through IST; security-related 
audits and inspections, whistleblower protections, and 
protection of security-related information; and disallowing 
preemption of state laws. Title III authorizes $200 million for 
each of fiscal years 2010 through 2014.

          SUMMARY OF AMENDMENTS IN PART B TO BE MADE IN ORDER

    1. Thompson, Bennie (MS): The Thompson amendment to the 
Amendment in the Nature of a Substitute for H.R. 2868 makes a 
number of technical corrections and fixes typos and verbiage 
issues. (10 minutes)
    2. Barton (TX): Would place provisions in the bill allowing 
the new Federal chemical facility regulations enacted by this 
bill to preempt state and local laws that ``hinder, pose 
obstacles to, or frustrate the purpose of the federal 
program''. (10 minutes)
    3. Hastings, Alcee (FL): Would establish a point of contact 
within the Office of Chemical Facility Security responsible for 
interagency coordination. Would require the Secretary to liaise 
with State Emergency Response Commissions and Local Emergency 
Planning Committees to update emergency planning and training 
procedures. (10 minutes)
    4. Dent (PA), Olson (TX): The amendment would strike Title 
I, affecting chemical facilities, and replace it with an 
extension of the Department of Homeland Security's current 
regulatory authority under section 550(b) of the Department of 
Homeland Security Appropriations Act, 2007. (10 minutes)
    5. Dent (PA): The amendment would strike section 2111, 
which requires assessments and implementation of methods to 
reduce the consequences of a terrorist attack. (10 minutes)
    6. Flake, Jeff (AZ): Would prevent earmarking in a new 
grant program established in the bill, and would clarify that 
Congress presumes that grants awarded through that program will 
be awarded on a competitive basis, and if they are not, require 
the Secretary to submit a report to Congress as to why not. (10 
minutes)
    7. Schrader (OR), Kissell, Larry (NC): Would require DHS to 
conduct a study on the scope and potential impacts of the 
provisions that require the use of safer processes or chemicals 
on manufacturers or retailers of pesticide or fertilizer. (10 
minutes)
    8. McCaul (TX): Would strike the citizen enforcement 
section of the bill. (10 minutes)
    9. Halvorson (IL): Would permit the Secretary to provide 
guidance, tools, methodologies, or software to assist small 
covered chemical facilities in complying with the security 
requirements. (10 minutes)
    10. Foster (IL), Lujan (NM): The amendment would direct the 
Secretary to establish appropriate protocols and security 
procedures for covered chemical facilities that are also 
Universities and Academic labs, separate from commercial 
chemical facilities. (10 minutes)
  Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

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

Sec. 1. Short title; table of contents.

                   TITLE I--CHEMICAL FACILITY SECURITY

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

                    TITLE II--DRINKING WATER SECURITY

Sec. 201. Short title.
Sec. 202. Intentional acts affecting the security of covered water 
          systems.
Sec. 203. Study to assess the threat of contamination of drinking water 
          distribution systems.

             TITLE III--WASTEWATER TREATMENT WORKS SECURITY

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

                  TITLE I--CHEMICAL FACILITY SECURITY

SEC. 101. SHORT TITLE.

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

SEC. 102. FINDINGS AND PURPOSE.

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

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

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

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

``SEC. 2101. DEFINITIONS.

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

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

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

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

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

``SEC. 2104. SITE INSPECTIONS.

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

``SEC. 2105. RECORDS.

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

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

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

``SEC. 2107. ENFORCEMENT.

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

``SEC. 2108. WHISTLEBLOWER PROTECTIONS.

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

``SEC. 2109. FEDERAL PREEMPTION.

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

``SEC. 2110. PROTECTION OF INFORMATION.

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

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

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

``SEC. 2112. APPLICABILITY.

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

``SEC. 2113. SAVINGS CLAUSE.

  ``(a) In General.--Nothing in this title shall affect or 
modify in any way any obligation or liability of any person 
under any other Federal law, including section 112 of the Clean 
Air Act (42 U.S.C. 7412), the Federal Water Pollution Control 
Act (33 U.S.C. 1251 et seq.), the Resource Conservation and 
Recovery Act of 1976 (42 U.S.C. 6901 et seq.), the National 
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), the 
Occupational Safety and Health Act (29 U.S.C. 651 et seq.), the 
National Labor Relations Act (29 U.S.C. 151 et seq.), the 
Emergency Planning and Community Right to Know Act of 1996 (42 
U.S.C. 11001 et seq.), the Safe Drinking Water Act (42 U.S.C. 
300f et seq.), the Maritime Transportation Security Act of 2002 
(Public Law 107-295), the Comprehensive Environmental Response, 
Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et 
seq.), the Toxic Substances Control Act (15 U.S.C. 2601 et 
seq.), and the Fair Credit Reporting Act (15 U.S.C. 1681 et 
seq.).
  ``(b) Other Requirements.--Nothing in this title shall 
preclude or deny the right of any State or political 
subdivision thereof to adopt or enforce any regulation, 
requirement, or standard of performance relating to 
environmental protection, health, or safety.
  ``(c) Access.--Nothing in this title shall abridge or deny 
access to a chemical facility site to any person where required 
or permitted under any other law or regulation.

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

  ``(a) In General.--There is established in the Department an 
Office of Chemical Facility Security, headed by a Director, who 
shall be a member of the Senior Executive Service in accordance 
with subchapter VI of chapter 53 of title 5, United States 
Code, under section 5382 of that title, and who shall be 
responsible for carrying out the responsibilities of the 
Secretary under this title.
  ``(b) Professional Qualifications.--The individual selected 
by the Secretary as the Director of the Office of Chemical 
Facility Security shall have professional qualifications and 
experience necessary for effectively directing the Office of 
Chemical Facility Security and carrying out the requirements of 
this title, including a demonstrated knowledge of physical 
infrastructure protection, cybersecurity, chemical facility 
security, hazard analysis, chemical process engineering, 
chemical process safety reviews, or other such qualifications 
that the Secretary determines to be necessary.
  ``(c) Selection Process.--The Secretary shall make a 
reasonable effort to select an individual to serve as the 
Director from among a group of candidates that is diverse with 
respect to race, ethnicity, age, gender, and disability 
characteristics and submit to the Committee on Homeland 
Security and the Committee on Energy and Commerce of the House 
of Representatives and the Committee on Homeland Security and 
Governmental Affairs of the Senate information on the selection 
process, including details on efforts to assure diversity among 
the candidates considered for this position.

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

  ``(a) Regulations Issued by the Secretary.--
          ``(1) In general.--
                  ``(A) Requirement.--The Secretary shall issue 
                regulations to require covered chemical 
                facilities to establish personnel surety for 
                individuals described in subparagraph (B) by 
                conducting appropriate security background 
                checks and ensuring appropriate credentials for 
                unescorted visitors and chemical facility 
                personnel, including permanent and part-time 
                personnel, temporary personnel, and contract 
                personnel, including--
                          ``(i) measures designed to verify and 
                        validate identity;
                          ``(ii) measures designed to check 
                        criminal history;
                          ``(iii) measures designed to verify 
                        and validate legal authorization to 
                        work; and
                          ``(iv) measures designed to identify 
                        people with terrorist ties.
                  ``(B) Individuals described.--For purposes of 
                subparagraph (A), an individual described in 
                this subparagraph is--
                          ``(i) a covered individual who has 
                        unescorted access to restricted areas 
                        or critical assets or who is provided 
                        with a copy of a security vulnerability 
                        assessment or site security plan;
                          ``(ii) a person associated with a 
                        covered chemical facility, including 
                        any designated employee representative, 
                        who is provided with a copy of a 
                        security vulnerability assessment or 
                        site security plan; or
                          ``(iii) a person who is determined by 
                        the Secretary to require a security 
                        background check based on chemical 
                        facility security performance 
                        standards.
          ``(2) Regulations.--The regulations required by 
        paragraph (1) shall set forth--
                  ``(A) the scope of the security background 
                checks, including the types of disqualifying 
                offenses and the time period covered for each 
                person subject to a security background check 
                under paragraph (1);
                  ``(B) the processes to conduct the security 
                background checks;
                  ``(C) the necessary biographical information 
                and other data required in order to conduct the 
                security background checks;
                  ``(D) a redress process for an adversely-
                affected person consistent with subsections (b) 
                and (c); and
                  ``(E) a prohibition on an owner or operator 
                of a covered chemical facility misrepresenting 
                to an employee or other relevant person, 
                including an arbiter involved in a labor 
                arbitration, the scope, application, or meaning 
                of any rules, regulations, directives, or 
                guidance issued by the Secretary related to 
                security background check requirements for 
                covered individuals when conducting a security 
                background check.
  ``(b) Misrepresentation of Adverse Employment Decisions.--The 
regulations required by subsection (a)(1) shall set forth that 
it shall be a misrepresentation under subsection (a)(2)(E) to 
attribute an adverse employment decision, including removal or 
suspension of the employee, to such regulations unless the 
owner or operator finds, after opportunity for appropriate 
redress under the processes provided under subsection (c)(1) 
and (c)(2), that the person subject to such adverse employment 
decision--
          ``(1) has been convicted of, has been found not 
        guilty of by reason of insanity, or is under want, 
        warrant, or indictment for, a permanent disqualifying 
        criminal offense listed in part 1572 of title 49, Code 
        of Federal Regulations;
          ``(2) was convicted of, or found not guilty of by 
        reason of insanity, an interim disqualifying criminal 
        offense listed in part 1572 of title 49, Code of 
        Federal Regulations, within 7 years of the date on 
        which the covered chemical facility performs the 
        security background check;
          ``(3) was incarcerated for an interim disqualifying 
        criminal offense listed in part 1572 of title 49, Code 
        of Federal Regulations, and released from incarceration 
        within 5 years of the date that the chemical facility 
        performs the security background check;
          ``(4) is determined by the Secretary to be on the 
        consolidated terrorist watchlist; or
          ``(5) is determined, as a result of the security 
        background check, not to be legally authorized to work 
        in the United States.
  ``(c) Redress Processes.--Upon the issuance of regulations 
under subsection (a), the Secretary shall--
          ``(1) require the owner or operator to provide an 
        adequate and prompt redress process for a person 
        subject to a security background check under subsection 
        (a)(1) who is subjected to an adverse employment 
        decision, including removal or suspension of the 
        employee, due to such regulations that is consistent 
        with the appeals process established for employees 
        subject to consumer reports under the Fair Credit 
        Reporting Act (15 U.S.C. 1681 et seq.), as in force on 
        the date of the enactment of this title;
          ``(2) provide an adequate and prompt redress process 
        for a person subject to a security background check 
        under subsection (a)(1) who is subjected to an adverse 
        employment decision, including removal or suspension of 
        the employee, due to a determination by the Secretary 
        under subsection (b)(4), that is consistent with the 
        appeals process established under section 70105(c) of 
        title 46, United States Code, including all rights to 
        hearings before an administrative law judge, scope of 
        review, and a review of an unclassified summary of 
        classified evidence equivalent to the summary provided 
        in part 1515 of title 49, Code of Federal Regulations;
          ``(3) provide an adequate and prompt redress process 
        for a person subject to a security background check 
        under subsection (a)(1) who is subjected to an adverse 
        employment decision, including removal or suspension of 
        the employee, due to a violation of subsection 
        (a)(2)(E), which shall not preclude the exercise of any 
        other rights available under collective bargaining 
        agreements or applicable laws;
          ``(4) establish a reconsideration process described 
        in subsection (d) for a person subject to an adverse 
        employment decision that was attributed by an owner or 
        operator to the regulations required by subsection 
        (a)(1);
          ``(5) have the authority to order an appropriate 
        remedy, including reinstatement of the person subject 
        to a security background check under subsection (a)(1), 
        if the Secretary determines that the adverse employment 
        decision was made in violation of the regulations 
        required under subsection (a)(1) or as a result of an 
        erroneous determination by the Secretary under 
        subsection (b)(4);
          ``(6) ensure that the redress processes required 
        under paragraphs (1), (2), or (3) afford to the person 
        a full disclosure of any public-record event covered by 
        subsection (b) that provides the basis for an adverse 
        employment decision; and
          ``(7) ensure that the person subject to a security 
        background check under subsection (a)(1) receives the 
        person's full wages and benefits until all redress 
        processes under this subsection are exhausted.
  ``(d) Reconsideration Process.--
          ``(1) In general.--The reconsideration process 
        required under subsection (c)(4) shall--
                  ``(A) require the Secretary to determine, 
                within 30 days after receiving a petition 
                submitted by a person subject to an adverse 
                employment decision that was attributed by an 
                owner or operator to the regulations required 
                by subsection (a)(1), whether such person poses 
                a security risk to the covered chemical 
                facility; and
                  ``(B) include procedures consistent with 
                section 70105(c) of title 46, United States 
                Code, including all rights to hearings before 
                an administrative law judge, scope of review, 
                and a review of an unclassified summary of 
                classified evidence equivalent to the summary 
                provided in part 1515 of title 49, Code of 
                Federal Regulations.
          ``(2) Determination by the secretary.--In making a 
        determination described under paragraph (1)(A), the 
        Secretary shall--
                  ``(A) give consideration to the circumstance 
                of any disqualifying act or offense, 
                restitution made by the person, Federal and 
                State mitigation remedies, and other factors 
                from which it may be concluded that the person 
                does not pose a security risk to the covered 
                chemical facility; and
                  ``(B) provide his or her determination as to 
                whether such person poses a security risk to 
                the covered chemical facility to the petitioner 
                and to the owner or operator of the covered 
                chemical facility.
          ``(3) Owner or operator reconsideration.--If the 
        Secretary determines pursuant to paragraph (1)(A) that 
        the person does not pose a security risk to the covered 
        chemical facility, it shall thereafter constitute a 
        prohibited misrepresentation for the owner or operator 
        of the covered chemical facility to continue to 
        attribute the adverse employment decision to the 
        regulations under subsection (a)(1).
  ``(e) Restrictions on Use and Maintenance of Information.--
Information obtained under this section by the Secretary or the 
owner or operator of a covered chemical facility shall be 
handled as follows:
          ``(1) Such information may not be made available to 
        the public.
          ``(2) Such information may not be accessed by 
        employees of the facility except for such employees who 
        are directly involved with collecting the information 
        or conducting or evaluating security background checks.
          ``(3) Such information shall be maintained 
        confidentially by the facility and the Secretary and 
        may be used only for making determinations under this 
        section.
          ``(4) The Secretary may share such information with 
        other Federal, State, local, and tribal law enforcement 
        agencies.
  ``(f) Savings Clause.--
          ``(1) Rights and responsibilities.--Nothing in this 
        section shall be construed to abridge any right or 
        responsibility of a person subject to a security 
        background check under subsection (a)(1) or an owner or 
        operator of a covered chemical facility under any other 
        Federal, State, local, or tribal law or collective 
        bargaining agreement.
          ``(2) Existing rights.--Nothing in this section shall 
        be construed as creating any new right or modifying any 
        existing right of an individual to appeal a 
        determination by the Secretary as a result of a check 
        against a terrorist watch list.
  ``(g) Preemption.--Nothing in this section shall be construed 
to preempt, alter, or affect a Federal, State, local, or tribal 
law that requires criminal history background checks, checks on 
the authorization of an individual to work in the United 
States, or other background checks of persons subject to 
security background checks under subsection (a)(1).
  ``(h) Definition of Security Background Check.--The term 
`security background check' means a review at no cost to any 
person subject to a security background check under subsection 
(a)(1) of the following for the purpose of identifying 
individuals who may pose a threat to chemical facility 
security, to national security, or of terrorism:
          ``(1) Relevant databases to verify and validate 
        identity.
          ``(2) Relevant criminal history databases.
          ``(3) In the case of an alien (as defined in section 
        101 of the Immigration and Nationality Act (8 U.S.C. 
        1101(a)(3))), the relevant databases to determine the 
        status of the alien under the immigration laws of the 
        United States.
          ``(4) The consolidated terrorist watchlist.
          ``(5) Other relevant information or databases, as 
        determined by the Secretary.
  ``(i) Department-Conducted Security Background Check.--The 
regulations under subsection (a)(1) shall set forth a process 
by which the Secretary, on an ongoing basis, shall determine 
whether alternate security background checks conducted by the 
Department are sufficient to meet the requirements of this 
section such that no additional security background check under 
this section is required for an individual for whom such a 
qualifying alternate security background check was conducted. 
The Secretary may require the owner or operator of a covered 
chemical facility to which the individual will have unescorted 
access to sensitive or restricted areas to submit identifying 
information about the individual and the alternate security 
background check conducted for that individual to the Secretary 
in order to enable the Secretary to verify the validity of the 
alternate security background check. Such regulations shall 
provide that no security background check under this section is 
required for an individual holding a transportation security 
card issued under section 70105 of title 46, United States 
Code.
  ``(j) Termination of Employment.--If, as the result of a 
security background check, an owner or operator of a covered 
chemical facility finds that a covered individual is not 
legally authorized to work in the United States, the owner or 
operator shall cease to employ the covered individual, subject 
to the appropriate redress processes available to such 
individual under this section.

``SEC. 2116. CITIZEN ENFORCEMENT.

  ``(a) In General.--Except as provided in subsection (c), any 
person may commence a civil action on such person's own 
behalf--
          ``(1) against any governmental entity (including the 
        United States and any other governmental 
        instrumentality or agency, to the extent permitted by 
        the eleventh amendment to the Constitution, and any 
        federally owned-contractor operated facility) alleged 
        to be in violation of any order that has become 
        effective pursuant to this title; or
          ``(2) against the Secretary, for an alleged failure 
        to perform any act or duty under this title that is not 
        discretionary for the Secretary.
  ``(b) Court of Jurisdiction.--
          ``(1) In general.--Any action under subsection (a)(1) 
        shall be brought in the district court for the district 
        in which the alleged violation occurred. Any action 
        brought under subsection (a)(2) may be brought in the 
        district court for the district in which the alleged 
        violation occurred or in the United States District 
        Court for the District of Columbia.
          ``(2) Relief.--The district court shall have 
        jurisdiction, without regard to the amount in 
        controversy or the citizenship of the parties to 
        enforce the order referred to in subsection (a)(1), to 
        order such governmental entity to take such action as 
        may be necessary, or both, or, in an action commenced 
        under subsection (a)(2), to order the Secretary to 
        perform the non-discretionary act or duty, and to order 
        any civil penalties, as appropriate, under section 
        2107.
  ``(c) Actions Prohibited.--No action may be commenced under 
subsection (a) prior to 60 days after the date on which the 
person commencing the action has given notice of the alleged 
violation to--
          ``(1) the Secretary; and
          ``(2) in the case of an action under subsection 
        (a)(1), any governmental entity alleged to be in 
        violation of an order.
  ``(d) Notice.--Notice under this section shall be given in 
such manner as the Secretary shall prescribe by regulation.
  ``(e) Intervention.--In any action under this section, the 
Secretary, if not a party, may intervene as a matter of right.
  ``(f) Costs; Bond.--The court, in issuing any final order in 
any action brought pursuant to this section, may award costs of 
litigation (including reasonable attorney and expert witness 
fees) to the prevailing or substantially prevailing party, 
whenever the court determines such an award is appropriate. The 
court may, if a temporary restraining order or preliminary 
injunction is sought, require the filing of a bond or 
equivalent security in accordance with the Federal Rules of 
Civil Procedure.
  ``(g) Other Rights Preserved.--Nothing in this section shall 
restrict any right which any person (or class of persons) may 
have under any statute or common law.

``SEC. 2117. CITIZEN PETITIONS.

  ``(a) Regulations.--The Secretary shall issue regulations to 
establish a citizen petition process for petitions described in 
subsection (b). Such regulations shall include--
          ``(1) the format for such petitions;
          ``(2) the procedure for investigation of petitions;
          ``(3) the procedure for response to such petitions, 
        including timelines; and
          ``(4) the procedure for referral to and review by the 
        Office of the Inspector General of the Department 
        without deference to the Secretary's determination with 
        respect to the petition; and
          ``(5) the procedure for rejection or acceptance by 
        the Secretary of the recommendation of the Office of 
        the Inspector General.
  ``(b) Petitions.--The regulations issued pursuant to 
subsection (a) shall allow any person to file a petition with 
the Secretary--
          ``(1) identifying any person (including the United 
        States and any other governmental instrumentality or 
        agency, to the extent permitted by the eleventh 
        amendment to the Constitution) alleged to be in 
        violation of any standard, regulation, condition, 
        requirement, prohibition, plan, or order that has 
        become effective under this title; and
          ``(2) describing the alleged violation of any 
        standard, regulation, condition, requirement, 
        prohibition, plan, or order that has become effective 
        under this title by that person.
  ``(c) Requirements.--Upon issuance of regulations under 
subsection (a), the Secretary shall--
          ``(1) accept all petitions described under subsection 
        (b) that meet the requirements of the regulations 
        promulgated under subsection (a);
          ``(2) investigate all allegations contained in 
        accepted petitions;
          ``(3) determine whether enforcement action will be 
        taken concerning the alleged violation or violations;
          ``(4) respond to all accepted petitions promptly and 
        in writing;
          ``(5) include in all responses to petitions a brief 
        and concise statement, to the extent permitted under 
        section 2110, of the allegations, the steps taken to 
        investigate, the determination made, and the reasons 
        for such determination;
          ``(6) maintain an internal record including all 
        protected information related to the determination; and
          ``(7) with respect to any petition for which the 
        Secretary has not made a timely response or the 
        Secretary's response is unsatisfactory to the 
        petitioner, provide the petitioner with the opportunity 
        to request--
                  ``(A) a review of the full record by the 
                Inspector General of the Department, including 
                a review of protected information; and
                  ``(B) the formulation of recommendations by 
                the Inspector General and submittal of such 
                recommendations to the Secretary and, to the 
                extent permitted under section 2110, to the 
                petitioner; and
          ``(8) respond to a recommendation submitted by the 
        Inspector General under paragraph (7) by adopting or 
        rejecting the recommendation.

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

  ``(a) Establishment.--The Secretary shall establish a 
notification system, which shall provide any individual the 
ability to report a suspected security deficiency or suspected 
non-compliance with this title. Such notification system shall 
provide for the ability to report the suspected security 
deficiency or non-compliance via telephonic and Internet-based 
means.
  ``(b) Acknowledgment.--When the Secretary receives a report 
through the notification system established under subsection 
(a), the Secretary shall respond to such report in a timely 
manner, but in no case shall the Secretary respond to such a 
report later than 30 days after receipt of the report.
  ``(c) Steps to Address Problems.--The Secretary shall review 
each report received through the notification system 
established under subsection (a) and shall, as necessary, take 
appropriate enforcement action under section 2107.
  ``(d) Feedback Required.--Upon request, the Secretary shall 
provide the individual who reported the suspected security 
deficiency or non-compliance through the notification system 
established under subsection (a) a written response that 
includes the Secretary's findings with respect to the report 
submitted by the individual and what, if any, compliance action 
was taken in response to such report.
  ``(e) Inspector General Report Required.--The Inspector 
General of the Department shall submit to the Committee on 
Homeland Security and the Committee on Energy and Commerce of 
the House of Representatives and the Committee on Homeland 
Security and Governmental Affairs of the Senate an annual 
report on the reports received under the notification system 
established under subsection (a) and the Secretary's 
disposition of such reports.

``SEC. 2119. ANNUAL REPORT TO CONGRESS.

  ``(a) Annual Report.--Not later than one year after the date 
of the enactment of this title, annually thereafter for the 
next four years, and biennially thereafter, the Secretary shall 
submit to the Committee on Homeland Security and the Committee 
on Energy and Commerce of the House of Representatives and the 
Committee on Homeland Security and Governmental Affairs of the 
Senate a report on progress in achieving compliance with this 
title. Each such report shall include the following:
          ``(1) A qualitative discussion of how covered 
        chemical facilities, differentiated by tier, have 
        reduced the risks of chemical facility terrorist 
        incidents at such facilities, including--
                  ``(A) a generalized summary of measures 
                implemented by covered chemical facilities in 
                order to meet each risk-based chemical facility 
                performance standard established by this title, 
                and those that the facilities already had in 
                place--
                          ``(i) in the case of the first report 
                        under this section, before the issuance 
                        of the final rule implementing the 
                        regulations known as the `Chemical 
                        Facility Anti-Terrorism Standards', 
                        issued on April 9, 2007; and
                          ``(ii) in the case of each subsequent 
                        report, since the submittal of the most 
                        recent report submitted under this 
                        section; and
                  ``(B) any other generalized summary the 
                Secretary deems appropriate to describe the 
                measures covered chemical facilities are 
                implementing to comply with the requirements of 
                this title.
          ``(2) A quantitative summary of how the covered 
        chemical facilities, differentiated by tier, are 
        complying with the requirements of this title during 
        the period covered by the report and how the Secretary 
        is implementing and enforcing such requirements during 
        such period, including--
                  ``(A) the number of chemical facilities that 
                provided the Secretary with information about 
                possessing substances of concern, as described 
                in section 2102(b)(2);
                  ``(B) the number of covered chemical 
                facilities assigned to each tier;
                  ``(C) the number of security vulnerability 
                assessments and site security plans submitted 
                by covered chemical facilities;
                  ``(D) the number of security vulnerability 
                assessments and site security plans approved 
                and disapproved by the Secretary;
                  ``(E) the number of covered chemical 
                facilities without approved security 
                vulnerability assessments or site security 
                plans;
                  ``(F) the number of chemical facilities that 
                have been assigned to a different tier or are 
                no longer regulated by the Secretary due to 
                implementation of a method to reduce the 
                consequences of a terrorist attack and a 
                description of such implemented methods;
                  ``(G) the number of orders for compliance 
                issued by the Secretary;
                  ``(H) the administrative penalties assessed 
                by the Secretary for non-compliance with the 
                requirements of this title;
                  ``(I) the civil penalties assessed by the 
                court for non-compliance with the requirements 
                of this title;
                  ``(J) the number of terrorist watchlist 
                checks conducted by the Secretary in order to 
                comply with the requirements of this title, the 
                number of appeals conducted by the Secretary 
                pursuant to the processes described under 
                paragraphs (2), (3) and (4) of section 2115(c), 
                aggregate information regarding the time taken 
                for such appeals, aggregate information 
                regarding the manner in which such appeals were 
                resolved, and, based on information provided to 
                the Secretary annually by each owner or 
                operator of a covered chemical facility, the 
                number of persons subjected to adverse 
                employment decisions that were attributed by 
                the owner or operator to the regulations 
                required by section 2115; and
                  ``(K) any other regulatory data the Secretary 
                deems appropriate to describe facility 
                compliance with the requirements of this title 
                and the Secretary's implementation of such 
                requirements.
  ``(b) Public Availability.--A report submitted under this 
section shall be made publicly available.

``SEC. 2120. AUTHORIZATION OF APPROPRIATIONS.

  ``There is authorized to be appropriated to the Secretary of 
Homeland Security to carry out this title--
          ``(1) $325,000,000 for fiscal year 2011, of which 
        $100,000,000 shall be made available to provide funding 
        for methods to reduce the consequences of a terrorist 
        attack, of which up to $3,000,000 shall be made 
        available for grants authorized under section 
        2111(c)(1);
          ``(2) $300,000,000 for fiscal year 2012, of which 
        $75,000,000 shall be made available to provide funding 
        for methods to reduce the consequences of a terrorist 
        attack, of which up to $3,000,000 shall be made 
        available for grants authorized under section 
        2111(c)(1); and
          ``(3) $275,000,000 for fiscal year 2013, of which 
        $50,000,000 shall be made available to provide funding 
        for methods to reduce the consequences of a terrorist 
        attack, of which up to $3,000,000 shall be made 
        available for grants authorized under section 
        2111(c)(1).''.
  (b) Clerical Amendment.--The table of contents in section 
1(b) of such Act is amended by adding at the end the following:

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

``Sec. 2101. Definitions.
``Sec. 2102. Risk-based designation and ranking of chemical facilities.
``Sec. 2103. Security vulnerability assessments and site security plans.
``Sec. 2104. Site inspections.
``Sec. 2105. Records.
``Sec. 2106. Timely sharing of threat information.
``Sec. 2107. Enforcement.
``Sec. 2108. Whistleblower protections.
``Sec. 2109. Federal preemption.
``Sec. 2110. Protection of information.
``Sec. 2111. Methods to reduce the consequences of a terrorist attack.
``Sec. 2112. Applicability.
``Sec. 2113. Savings clause.
``Sec. 2114. Office of Chemical Facility Security.
``Sec. 2115. Security background checks of covered individuals at 
          certain chemical facilities.
``Sec. 2116. Citizen enforcement.
``Sec. 2117. Citizen petitions.
``Sec. 2118. Notification system to address public concerns.
``Sec. 2119. Annual report to Congress.
``Sec. 2120. Authorization of appropriations.''.
  (c) Conforming Repeal.--
          (1) Repeal.--The Department of Homeland Security 
        Appropriations Act, 2007 (Public Law 109-295) is 
        amended by striking section 550.
          (2) Effective date.--The amendment made by paragraph 
        (1) shall take effect on the date of the enactment of 
        this title.
  (d) Regulations.--
          (1) Deadline.--The Secretary shall issue proposed 
        rules to carry out title XXI of the Homeland Security 
        Act of 2002, as added by subsection (a), by not later 
        than 6 months after the date of the enactment of this 
        Act, and shall issue final rules to carry out such 
        title by not later than 18 months after the date of the 
        enactment of this Act.
          (2) Consultation.--In developing and implementing the 
        rules required under paragraph (1), the Secretary shall 
        consult with the Administrator of the Environmental 
        Protection Agency, and other persons, as appropriate, 
        regarding--
                  (A) the designation of substances of concern;
                  (B) methods to reduce the consequences of a 
                terrorist attack;
                  (C) security at drinking water facilities and 
                wastewater treatment works;
                  (D) the treatment of protected information; 
                and
                  (E) such other matters as the Secretary 
                determines necessary.
          (3) Sense of congress regarding cfats.--It is the 
        sense of Congress that the Secretary of Homeland 
        Security was granted statutory authority under section 
        550 of the Department of Homeland Security 
        Appropriations Act (Public Law 109-295) to regulate 
        security practices at chemical facilities until October 
        1, 2009. Pursuant to that section the Secretary 
        prescribed regulations known as the Chemical Facility 
        Anti-Terrorism Standards, or ``CFATS'' (referred to in 
        this section as ``CFATS regulations'').
          (4) Interim use and amendment of cfats.--Until the 
        final rules prescribed pursuant to paragraph (1) take 
        effect, in carrying out title XXI of the Homeland 
        Security Act of 2002, as added by subsection (a), the 
        Secretary may, to the extent the Secretary determines 
        appropriate--
                  (A) continue to carry out the CFATS 
                regulations, as in effect immediately before 
                the date of the enactment of this title;
                  (B) amend any of such regulations as may be 
                necessary to ensure that such regulations are 
                consistent with the requirements of this title 
                and the amendments made by this title; and
                  (C) continue using any tools developed for 
                purposes of such regulations, including the 
                list of substances of concern, usually referred 
                to as ``Appendix A'', and the chemical security 
                assessment tool (which includes facility 
                registration, a top-screen questionnaire, a 
                security vulnerability assessment tool, a site 
                security plan template, and a chemical 
                vulnerability information repository).
          (5) Update of facility plans assessments and plans 
        prepared under cfats.--The owner or operator of a 
        covered chemical facility, who, before the effective 
        date of the final regulations issued under title XXI of 
        the Homeland Security Act of 2002, as added by 
        subsection (a), submits a security vulnerability 
        assessment or site security plan under the CFATS 
        regulations, shall be required to update or amend the 
        facility's security vulnerability assessment and site 
        security plan to reflect any additional requirements of 
        this title or the amendments made by this title, 
        according to a timeline established by the Secretary.
  (e) Review of Designation of Sodium Fluoroacetate as a 
Substance of Concern.--The Secretary of Homeland Security shall 
review the designation of sodium fluoroacetate as a substance 
of concern pursuant to subsection (d) of section 2102 of the 
Homeland Security Act of 2002, as added by subsection (a), by 
the earlier of the following dates:
          (1) The date of the first periodic review conducted 
        pursuant to such subsection after the date of the 
        enactment of this title.
          (2) The date that is one year after the date of the 
        enactment of this title.

                   TITLE II--DRINKING WATER SECURITY

SEC. 201. SHORT TITLE.

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

SEC. 202. INTENTIONAL ACTS AFFECTING THE SECURITY OF COVERED WATER 
                    SYSTEMS.

  (a) Amendment of Safe Drinking Water Act.--Section 1433 of 
the Safe Drinking Water Act (42 U.S.C. 300i-2) is amended to 
read as follows:

``SEC. 1433. INTENTIONAL ACTS.

  ``(a) Risk-based Performance Standards; Vulnerability 
Assessments; Site Security Plans; Emergency Response Plans.--
          ``(1) In general.--The Administrator shall issue 
        regulations--
                  ``(A) establishing risk-based performance 
                standards for the security of covered water 
                systems; and
                  ``(B) establishing requirements and deadlines 
                for each covered water system--
                          ``(i) to conduct a vulnerability 
                        assessment or, if the system already 
                        has a vulnerability assessment, to 
                        revise the assessment to be in 
                        accordance with this section, and 
                        submit such assessment to the 
                        Administrator;
                          ``(ii) to update the vulnerability 
                        assessment not less than every 5 years 
                        and promptly after any change at the 
                        system that could cause the 
                        reassignment of the system to a 
                        different risk-based tier under 
                        subsection (d);
                          ``(iii) to develop, implement, and, 
                        as appropriate, revise a site security 
                        plan not less than every 5 years and 
                        promptly after a revision to the 
                        vulnerability assessment and submit 
                        such plan to the Administrator;
                          ``(iv) to develop an emergency 
                        response plan (or, if the system has 
                        already developed an emergency response 
                        plan, to revise the plan to be in 
                        accordance with this section) and 
                        revise the plan not less than every 5 
                        years thereafter; and
                          ``(v) to provide annual training to 
                        employees and contractor employees of 
                        covered water systems on implementing 
                        site security plans and emergency 
                        response plans.
          ``(2) Covered water systems.--For purposes of this 
        section, the term `covered water system' means a public 
        water system that--
                  ``(A) is a community water system serving a 
                population greater than 3,300; or
                  ``(B) in the discretion of the Administrator, 
                presents a security risk making regulation 
                under this section appropriate.
          ``(3) Consultation with state authorities.--In 
        developing and carrying out the regulations under 
        paragraph (1), the Administrator shall consult with 
        States exercising primary enforcement responsibility 
        for public water systems.
          ``(4) Consultation with other persons.--In developing 
        and carrying out the regulations under paragraph (1), 
        the Administrator shall consult with the Secretary of 
        Homeland Security, and, as appropriate, other persons 
        regarding--
                  ``(A) provision of threat-related and other 
                baseline information to covered water systems;
                  ``(B) designation of substances of concern;
                  ``(C) development of risk-based performance 
                standards;
                  ``(D) establishment of risk-based tiers and 
                process for the assignment of covered water 
                systems to risk-based tiers;
                  ``(E) process for the development and 
                evaluation of vulnerability assessments, site 
                security plans, and emergency response plans;
                  ``(F) treatment of protected information; and
                  ``(G) such other matters as the Administrator 
                determines necessary.
          ``(5) Substances of concern.--For purposes of this 
        section, the Administrator, in consultation with the 
        Secretary of Homeland Security--
                  ``(A) may designate any chemical substance as 
                a substance of concern;
                  ``(B) at the time any substance is designated 
                pursuant to subparagraph (A), shall establish 
                by rule a threshold quantity for the release or 
                theft of the substance, taking into account the 
                toxicity, reactivity, volatility, 
                dispersability, combustibility, and 
                flammability of the substance and the amount of 
                the substance that, as a result of a release, 
                is known to cause or may be reasonably 
                anticipated to cause death, injury, or serious 
                adverse effects to human health or the 
                environment; and
                  ``(C) in making such a designation, shall 
                take into account appendix A to part 27 of 
                title 6, Code of Federal Regulations (or any 
                successor regulations).
          ``(6) Baseline information.--The Administrator, after 
        consultation with appropriate departments and agencies 
        of the Federal Government and with State, local, and 
        tribal governments, shall, for purposes of facilitating 
        compliance with the requirements of this section, 
        promptly after the effective date of the regulations 
        under subsection (a)(1) and as appropriate thereafter, 
        provide baseline information to covered water systems 
        regarding which kinds of intentional acts are the 
        probable threats to--
                  ``(A) substantially disrupt the ability of 
                the system to provide a safe and reliable 
                supply of drinking water;
                  ``(B) cause the release of a substance of 
                concern at the covered water system; or
                  ``(C) cause the theft, misuse, or 
                misappropriation of a substance of concern.
  ``(b) Risk-Based Performance Standards.--The regulations 
under subsection (a)(1) shall set forth risk-based performance 
standards for site security plans required by this section. The 
standards shall be separate and, as appropriate, increasingly 
stringent based on the level of risk associated with the 
covered water system's risk-based tier assignment under 
subsection (d). In developing such standards, the Administrator 
shall take into account section 27.230 of title 6, Code of 
Federal Regulations (or any successor regulations).
  ``(c) Vulnerability Assessment.--The regulations under 
subsection (a)(1) shall require each covered water system to 
assess the system's vulnerability to a range of intentional 
acts, including an intentional act that results in a release of 
a substance of concern that is known to cause or may be 
reasonably anticipated to cause death, injury, or serious 
adverse effects to human health or the environment. At a 
minimum, the vulnerability assessment shall include a review 
of--
          ``(1) pipes and constructed conveyances;
          ``(2) physical barriers;
          ``(3) water collection, pretreatment, treatment, 
        storage, and distribution facilities, including fire 
        hydrants;
          ``(4) electronic, computer, and other automated 
        systems that are used by the covered water system;
          ``(5) the use, storage, or handling of various 
        chemicals, including substances of concern;
          ``(6) the operation and maintenance of the covered 
        water system; and
          ``(7) the covered water system's resiliency and 
        ability to ensure continuity of operations in the event 
        of a disruption caused by an intentional act.
  ``(d) Risk-Based Tiers.--The regulations under subsection 
(a)(1) shall provide for 4 risk-based tiers applicable to 
covered water systems, with tier one representing the highest 
degree of security risk.
          ``(1) Assignment of risk-based tiers.--
                  ``(A) Submission of information.--The 
                Administrator may require a covered water 
                system to submit information in order to 
                determine the appropriate risk-based tier for 
                the covered water system.
                  ``(B) Factors to consider.--The Administrator 
                shall assign (and reassign when appropriate) 
                each covered water system to one of the risk-
                based tiers established pursuant to this 
                subsection. In assigning a covered water system 
                to a risk-based tier, the Administrator shall 
                consider the potential consequences (such as 
                death, injury, or serious adverse effects to 
                human health, the environment, critical 
                infrastructure, national security, and the 
                national economy) from--
                          ``(i) an intentional act to cause a 
                        release, including a worst-case 
                        release, of a substance of concern at 
                        the covered water system;
                          ``(ii) an intentional act to 
                        introduce a contaminant into the 
                        drinking water supply or disrupt the 
                        safe and reliable supply of drinking 
                        water; and
                          ``(iii) an intentional act to steal, 
                        misappropriate, or misuse substances of 
                        concern.
          ``(2) Explanation for risk-based tier assignment.--
        The Administrator shall provide each covered water 
        system assigned to a risk-based tier with the reasons 
        for the tier assignment and whether such system is 
        required to submit an assessment under subsection 
        (g)(2).
  ``(e) Development and Implementation of Site Security 
Plans.--The regulations under subsection (a)(1) shall permit 
each covered water system, in developing and implementing its 
site security plan required by this section, to select layered 
security and preparedness measures that, in combination, 
appropriately--
          ``(1) address the security risks identified in its 
        vulnerability assessment; and
          ``(2) comply with the applicable risk-based 
        performance standards required under this section.
  ``(f) Role of Employees.--
          ``(1) Description of role.--Site security plans and 
        emergency response plans required under this section 
        shall describe the appropriate roles or 
        responsibilities that employees and contractor 
        employees are expected to perform to deter or respond 
        to the intentional acts described in subsection 
        (d)(1)(B).
          ``(2) Training for employees.--Each covered water 
        system shall annually provide employees and contractor 
        employees with roles or responsibilities described in 
        paragraph (1) with a minimum of 8 hours of training on 
        carrying out those roles or responsibilities.
          ``(3) Employee participation.--In developing, 
        revising, or updating a vulnerability assessment, site 
        security plan, and emergency response plan required 
        under this section, a covered water system shall 
        include--
                  ``(A) at least one supervisory and at least 
                one non-supervisory employee of the covered 
                water system; and
                  ``(B) at least one representative of each 
                certified or recognized bargaining agent 
                representing facility employees or contractor 
                employees with roles or responsibilities 
                described in paragraph (1), if any, in a 
                collective bargaining relationship with the 
                private or public owner or operator of the 
                system or with a contractor to that system.  
  ``(g) Methods To Reduce the Consequences of a Chemical 
Release From an Intentional Act.--
          ``(1) Definition.--In this section, the term `method 
        to reduce the consequences of a chemical release from 
        an intentional act' means a measure at a covered water 
        system that reduces or eliminates the potential 
        consequences of a release of a substance of concern 
        from an intentional act such as--
                  ``(A) the elimination or reduction in the 
                amount of a substance of concern possessed or 
                planned to be possessed by a covered water 
                system through the use of alternate substances, 
                formulations, or processes;
                  ``(B) the modification of pressures, 
                temperatures, or concentrations of a substance 
                of concern; and
                  ``(C) the reduction or elimination of onsite 
                handling of a substance of concern through 
                improvement of inventory control or chemical 
                use efficiency.
          ``(2) Assessment.--For each covered water system that 
        possesses or plans to possess a substance of concern in 
        excess of the release threshold quantity set by the 
        Administrator under subsection (a)(5), the regulations 
        under subsection (a)(1) shall require the covered water 
        system to include in its site security plan an 
        assessment of methods to reduce the consequences of a 
        chemical release from an intentional act at the covered 
        water system. The covered water system shall provide 
        such assessment to the Administrator and the State 
        exercising primary enforcement responsibility for the 
        covered water system, if any. The regulations under 
        subsection (a)(1) shall require the system, in 
        preparing the assessment, to consider factors 
        appropriate to the system's security, public health, or 
        environmental mission, and include--
                  ``(A) a description of the methods to reduce 
                the consequences of a chemical release from an 
                intentional act;
                  ``(B) how each described method to reduce the 
                consequences of a chemical release from an 
                intentional act could, if applied, reduce the 
                potential extent of death, injury, or serious 
                adverse effects to human health resulting from 
                a chemical release;
                  ``(C) how each described method to reduce the 
                consequences of a chemical release from an 
                intentional act could, if applied, affect the 
                presence of contaminants in treated water, 
                human health, or the environment;
                  ``(D) whether each described method to reduce 
                the consequences of a chemical release from an 
                intentional act at the covered water system is 
                feasible, as defined in section 1412(b)(4)(D), 
                but not including cost calculations under 
                subparagraph (E);
                  ``(E) the costs (including capital and 
                operational costs) and avoided costs (including 
                savings and liabilities) associated with 
                applying each described method to reduce the 
                consequences of a chemical release from an 
                intentional act at the covered water system;
                  ``(F) any other relevant information that the 
                covered water system relied on in conducting 
                the assessment; and
                  ``(G) a statement of whether the covered 
                water system has implemented or plans to 
                implement one or more methods to reduce the 
                consequences of a chemical release from an 
                intentional act, a description of any such 
                methods, and, in the case of a covered water 
                system described in paragraph (3)(A), an 
                explanation of the reasons for any decision not 
                to implement any such methods.
          ``(3) Required methods.--
                  ``(A) Application.--This paragraph applies to 
                a covered water system--
                          ``(i) that is assigned to one of the 
                        two highest risk-based tiers under 
                        subsection (d); and
                          ``(ii) that possesses or plans to 
                        possess a substance of concern in 
                        excess of the release threshold 
                        quantity set by the Administrator under 
                        subsection (a)(5).
                  ``(B) Highest-risk systems.--If, on the basis 
                of its assessment under paragraph (2), a 
                covered water system described in subparagraph 
                (A) decides not to implement methods to reduce 
                the consequences of a chemical release from an 
                intentional act, the State exercising primary 
                enforcement responsibility for the covered 
                water system, if the system is located in such 
                a State, or the Administrator, if the covered 
                water system is not located in such a State, 
                shall, in accordance with a timeline set by the 
                Administrator--
                          ``(i) determine whether to require 
                        the covered water system to implement 
                        the methods; and
                          ``(ii) for States exercising primary 
                        enforcement responsibility, report such 
                        determination to the Administrator.
                  ``(C) State or administrator's 
                considerations.--Before requiring, pursuant to 
                subparagraph (B), the implementation of a 
                method to reduce the consequences of a chemical 
                release from an intentional act, the State 
                exercising primary enforcement responsibility 
                for the covered water system, if the system is 
                located in such a State, or the Administrator, 
                if the covered water system is not located in 
                such a State, shall consider factors 
                appropriate to the security, public health, and 
                environmental missions of covered water 
                systems, including an examination of whether 
                the method--
                          ``(i) would significantly reduce the 
                        risk of death, injury, or serious 
                        adverse effects to human health 
                        resulting directly from a chemical 
                        release from an intentional act at the 
                        covered water system;
                          ``(ii) would not increase the interim 
                        storage of a substance of concern by 
                        the covered water system;
                          ``(iii) would not render the covered 
                        water system unable to comply with 
                        other requirements of this Act or 
                        drinking water standards established by 
                        the State or political subdivision in 
                        which the system is located; and
                          ``(iv) is feasible, as defined in 
                        section 1412(b)(4)(D), to be 
                        incorporated into the operation of the 
                        covered water system.
                  ``(D) Appeal.--Before requiring, pursuant to 
                subparagraph (B), the implementation of a 
                method to reduce the consequences of a chemical 
                release from an intentional act, the State 
                exercising primary enforcement responsibility 
                for the covered water system, if the system is 
                located in such a State, or the Administrator, 
                if the covered water system is not located in 
                such a State, shall provide such covered water 
                system an opportunity to appeal the 
                determination to require such implementation 
                made pursuant to subparagraph (B) by such State 
                or the Administrator.
          ``(4) Incomplete or late assessments.--
                  ``(A) Incomplete assessments.--If the 
                Administrator finds that the covered water 
                system, in conducting its assessment under 
                paragraph (2), did not meet the requirements of 
                paragraph (2) and the applicable regulations, 
                the Administrator shall, after notifying the 
                covered water system and the State exercising 
                primary enforcement responsibility for that 
                system, if any, require the covered water 
                system to submit a revised assessment not later 
                than 60 days after the Administrator notifies 
                such system. The Administrator may require such 
                additional revisions as are necessary to ensure 
                that the system meets the requirements of 
                paragraph (2) and the applicable regulations.
                  ``(B) Late assessments.--If the Administrator 
                finds that a covered water system, in 
                conducting its assessment pursuant to paragraph 
                (2), did not complete such assessment in 
                accordance with the deadline set by the 
                Administrator, the Administrator may, after 
                notifying the covered water system and the 
                State exercising primary enforcement 
                responsibility for that system, if any, take 
                appropriate enforcement action under subsection 
                (o).
                  ``(C) Review.--The State exercising primary 
                enforcement responsibility for the covered 
                water system, if the system is located in such 
                a State, or the Administrator, if the system is 
                not located in such a State, shall review a 
                revised assessment that meets the requirements 
                of paragraph (2) and applicable regulations to 
                determine whether the covered water system will 
                be required to implement methods to reduce the 
                consequences of an intentional act pursuant to 
                paragraph (3).
          ``(5) Enforcement.--
                  ``(A) Failure by state to make 
                determination.--Whenever the Administrator 
                finds that a State exercising primary 
                enforcement responsibility for a covered water 
                system has failed to determine whether to 
                require the covered water system to implement 
                methods to reduce the consequences of a 
                chemical release from an intentional act, as 
                required by paragraph (3)(B), the Administrator 
                shall so notify the State and covered water 
                system. If, beyond the thirtieth day after the 
                Administrator's notification under the 
                preceding sentence, the State has failed to 
                make the determination described in such 
                sentence, the Administrator shall so notify the 
                State and covered water system and shall 
                determine whether to require the covered water 
                system to implement methods to reduce the 
                consequences of a chemical release from an 
                intentional act based on the factors described 
                in paragraph (3)(C).
                  ``(B) Failure by state to bring enforcement 
                action.--If the Administrator finds, with 
                respect to a period in which a State has 
                primary enforcement responsibility for a 
                covered water system, that the system has 
                failed to implement methods to reduce the 
                consequences of a chemical release from an 
                intentional act (as required by the State or 
                the Administrator under paragraph (3)(B) or the 
                Administrator under subparagraph (A)), the 
                Administrator shall so notify the State and the 
                covered water system. If, beyond the thirtieth 
                day after the Administrator's notification 
                under the preceding sentence, the State has not 
                commenced appropriate enforcement action, the 
                Administrator shall so notify the State and may 
                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). Whoever discloses protected information in 
                knowing violation of the regulations and orders 
                issued under subparagraph (A) shall be fined 
                under title 18, United States Code, imprisoned 
                for not more than one year, or both, and, in 
                the case of a Federal officeholder or employee, 
                shall be removed from Federal office or 
                employment.
          ``(3) Treatment of information in adjudicative 
        proceedings.--In any judicial or administrative 
        proceeding, protected information, as described in 
        paragraph (7), shall be treated in a manner consistent 
        with the treatment of Sensitive Security Information 
        under section 525 of the Department of Homeland 
        Security Appropriations Act, 2007 (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, documents, or 
                        records required to be provided to or 
                        created by, the Administrator under 
                        subsection (d).
                          ``(vi) Documents directly related to 
                        security drills and training exercises, 
                        security threats and breaches of 
                        security, and maintenance, calibration, 
                        and testing of security equipment.
                          ``(vii) Other information, documents, 
                        and records developed exclusively for 
                        the purposes of this section that the 
                        Administrator 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.--
Title XXI of the Homeland Security Act of 2002 and the 
amendments made by title I of the Chemical and Water Security 
Act of 2009 shall not apply to any public water system subject 
to this Act.
  ``(n) Preemption.--This section does not preclude or deny the 
right of any State or political subdivision thereof to adopt or 
enforce any regulation, requirement, or standard of performance 
with respect to a covered water system that is more stringent 
than a regulation, requirement, or standard of performance 
under this section.
  ``(o) Violations.--
          ``(1) In general.--A covered water system that 
        violates any requirement of this section, including by 
        not implementing all or part of its site security plan 
        by such date as the Administrator requires, shall be 
        liable for a civil penalty of not more than $25,000 for 
        each day on which  the violation occurs.
          ``(2) Procedure.--When the Administrator determines 
        that a covered water system is subject to a civil 
        penalty under paragraph (1), the Administrator, after 
        consultation with the State, for covered water systems 
        located in a State exercising primary responsibility 
        for the covered water system, and, after considering 
        the severity of the violation or deficiency and the 
        record of the covered water system in carrying out the 
        requirements of this section, may--
                  ``(A) after notice and an opportunity for the 
                covered water system to be heard, issue an 
                order assessing a penalty under such paragraph 
                for any past or current violation, requiring 
                compliance immediately or within a specified 
                time period; or
                  ``(B) commence a civil action in the United 
                States district court in the district in which 
                the violation occurred for appropriate relief, 
                including temporary or permanent injunction.
          ``(3) Methods to reduce the consequences of a 
        chemical release from an intentional act.--Except as 
        provided in subsections (g)(4) and (g)(5), if a covered 
        water system is located in a State exercising primary 
        enforcement responsibility for the system, the 
        Administrator may not issue an order or commence a 
        civil action under this section for any deficiency in 
        the content or implementation of the portion of the 
        system's site security plan relating to methods to 
        reduce the consequences of a chemical release from an 
        intentional act (as defined in subsection (g)(1)).
  ``(p) Report to Congress.--
          ``(1) Periodic report.--Not later than 3 years after 
        the effective date of the regulations under subsection 
        (a)(1), and every 3 years thereafter, the Administrator 
        shall transmit to the Committee on Energy and Commerce 
        of the House of Representatives and the Committee on 
        Environment and Public Works of the Senate a report on 
        progress in achieving compliance with this section. 
        Each such report shall include, at a minimum, the 
        following:
                  ``(A) A generalized summary of measures 
                implemented by covered water systems in order 
                to meet each risk-based performance standard 
                established by this section.
                  ``(B) A summary of how the covered water 
                systems, differentiated by risk-based tier 
                assignment, are complying with the requirements 
                of this section during the period covered by 
                the report and how the Administrator is 
                implementing and enforcing such requirements 
                during such period including--
                          ``(i) the number of public water 
                        systems that provided the Administrator 
                        with information pursuant to subsection 
                        (d)(1);
                          ``(ii) the number of covered water 
                        systems assigned to each risk-based 
                        tier;
                          ``(iii) the number of vulnerability 
                        assessments and site security plans 
                        submitted by covered water systems;
                          ``(iv) the number of vulnerability 
                        assessments and site security plans 
                        approved and disapproved by the 
                        Administrator;
                          ``(v) the number of covered water 
                        systems without approved vulnerability 
                        assessments or site security plans;
                          ``(vi) the number of covered water 
                        systems that have been assigned to a 
                        different risk-based tier due to 
                        implementation of a method to reduce 
                        the consequences of a chemical release 
                        from an intentional act and a 
                        description of the types of such 
                        implemented methods;
                          ``(vii) the number of audits and 
                        inspections conducted by the 
                        Administrator or duly designated 
                        representatives of the Administrator;
                          ``(viii) the number of orders for 
                        compliance issued by the Administrator;
                          ``(ix) the administrative penalties 
                        assessed by the Administrator for non-
                        compliance with the requirements of 
                        this section;
                          ``(x) the civil penalties assessed by 
                        courts for non-compliance with the 
                        requirements of this section; and
                          ``(xi) any other regulatory data the 
                        Administrator determines appropriate to 
                        describe covered water system 
                        compliance with the requirements of 
                        this section and the Administrator's 
                        implementation of such requirements.
          ``(2) Public availability.--A report submitted under 
        this section shall be made publicly available.
  ``(q) Grant Programs.--
          ``(1) Implementation grants to states.--The 
        Administrator may award grants to, or enter into 
        cooperative agreements with, States, based on an 
        allocation formula established by the Administrator, to 
        assist the States in implementing this section.
          ``(2) Research, training, and technical assistance 
        grants.--The Administrator may award grants to, or 
        enter into cooperative agreements with, non-profit 
        organizations to provide research, training, and 
        technical assistance to covered water systems to assist 
        them in carrying out their responsibilities under this 
        section.
          ``(3) Preparation grants.--
                  ``(A) Grants.--The Administrator may award 
                grants to, or enter into cooperative agreements 
                with, covered water systems to assist such 
                systems in--
                          ``(i) preparing and updating 
                        vulnerability assessments, site 
                        security plans, and emergency response 
                        plans;
                          ``(ii) assessing and implementing 
                        methods to reduce the consequences of a 
                        release of a substance of concern from 
                        an intentional act; and
                          ``(iii) implementing any other 
                        security reviews and enhancements 
                        necessary to comply with this section.
                  ``(B) Priority.--
                          ``(i) Need.--The Administrator, in 
                        awarding grants or entering into 
                        cooperative agreements for purposes 
                        described in subparagraph (A)(i), shall 
                        give priority to covered water systems 
                        that have the greatest need.
                          ``(ii) Security risk.--The 
                        Administrator, in awarding grants or 
                        entering into cooperative agreements 
                        for purposes described in subparagraph 
                        (A)(ii), shall give priority to covered 
                        water systems that pose the greatest 
                        security risk.
          ``(4) Worker training grants program authority.--
                  ``(A) In general.--The Administrator shall 
                establish a grant program to award grants to 
                eligible entities to provide for training and 
                education of employees and contractor employees 
                with roles or responsibilities described in 
                subsection (f)(1) and first responders and 
                emergency response providers who would respond 
                to an intentional act at a covered water 
                system.
                  ``(B) Administration.--The Administrator 
                shall enter into an agreement with the National 
                Institute of Environmental Health Sciences to 
                make and administer grants under this 
                paragraph.
                  ``(C) Use of funds.--The recipient of a grant 
                under this paragraph shall use the grant to 
                provide for--
                          ``(i) training and education of 
                        employees and contractor employees with 
                        roles or responsibilities described in 
                        subsection (f)(1), including the annual 
                        mandatory training specified in 
                        subsection (f)(2) or training for first 
                        responders in protecting nearby 
                        persons, property, or the environment 
                        from the effects of a release of a 
                        substance of concern at the covered 
                        water system, with priority given to 
                        covered water systems assigned to tier 
                        one or tier two under subsection (d); 
                        and
                          ``(ii) appropriate training for first 
                        responders and emergency response 
                        providers who would respond to an 
                        intentional act at a covered water 
                        system.
                  ``(D) Eligible entities.--For purposes of 
                this paragraph, an eligible entity is a 
                nonprofit organization with demonstrated 
                experience in implementing and operating 
                successful worker or first responder health and 
                safety or security training programs.
  ``(r) Authorization of Appropriations.--
          ``(1) In general.--To carry out this section, there 
        are authorized to be appropriated--
                  ``(A) $315,000,000 for fiscal year 2011, of 
                which up to--
                          ``(i) $30,000,000 may be used for 
                        administrative costs incurred by the 
                        Administrator or the States, as 
                        appropriate; and
                          ``(ii) $125,000,000 may be used to 
                        implement methods to reduce the 
                        consequences of a chemical release from 
                        an intentional act at covered water 
                        systems with priority given to covered 
                        water systems assigned to tier one or 
                        tier two under subsection (d); and
                  ``(B) such sums as may be necessary for 
                fiscal years 2012 through 2015.
          ``(2) Security enhancements.--Funding under this 
        subsection for basic security enhancements shall not 
        include expenditures for personnel costs or monitoring, 
        operation, or maintenance of facilities, equipment, or 
        systems.''.
  (b) Regulations; Transition.--
          (1) Regulations.--Not later than 2 years after the 
        date of the enactment of this title, the Administrator 
        of the Environmental Protection Agency shall promulgate 
        final regulations to carry out section 1433 of the Safe 
        Drinking Water Act, as amended by subsection (a).
          (2) Effective date.--Until the effective date of the 
        regulations promulgated under paragraph (1), section 
        1433 of the Safe Drinking Water Act, as in effect on 
        the day before the date of the enactment of this title, 
        shall continue to apply.
          (3) Savings provision.--Nothing in this section or 
        the amendment made by this section shall affect the 
        application of section 1433 of the Safe Drinking Water 
        Act, as in effect before the effective date of the 
        regulations promulgated under paragraph (1), to any 
        violation of such section 1433 occurring before such 
        effective date, and the requirements of such section 
        1433 shall remain in force and effect with respect to 
        such violation until the violation has been corrected 
        or enforcement proceedings completed, whichever is 
        later.

SEC. 203. STUDY TO ASSESS THE THREAT OF CONTAMINATION OF DRINKING WATER 
                    DISTRIBUTION SYSTEMS.

  Not later than 180 days after the date of the enactment of 
this title, the Administrator of the Environmental Protection 
Agency, in consultation with the Secretary of Homeland 
Security, shall--
          (1) conduct a study to assess the threat 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.

             TITLE III--WASTEWATER TREATMENT WORKS SECURITY

SECTION 301. SHORT TITLE.

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

SEC. 302. WASTEWATER TREATMENT WORKS SECURITY.

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

``SEC. 222. WASTEWATER TREATMENT WORKS SECURITY.

  ``(a) Assessment of Treatment Works Vulnerability and 
Implementation of Site Security and Emergency Response Plans.--
          ``(1) In general.--Each owner or operator of a 
        treatment works with either a treatment capacity of at 
        least 2,500,000 gallons per day or, in the discretion 
        of the Administrator, that presents a security risk 
        making coverage under this section appropriate shall, 
        consistent with regulations developed under subsection 
        (b)--
                  ``(A) conduct and, as required, update a 
                vulnerability assessment of its treatment 
                works;
                  ``(B) develop, periodically update, and 
                implement a site security plan for the 
                treatment works; and
                  ``(C) develop and, as required, revise an 
                emergency response plan for the treatment 
                works.
          ``(2) Vulnerability assessment.--
                  ``(A) Definition.--In this section, the term 
                `vulnerability assessment' means an assessment 
                of the vulnerability of a treatment works to 
                intentional acts that may--
                          ``(i) substantially disrupt the 
                        ability of the treatment works to 
                        safely and reliably operate; or
                          ``(ii) have a substantial adverse 
                        effect on critical infrastructure, 
                        public health or safety, or the 
                        environment.
                  ``(B) Review.--A vulnerability assessment 
                shall include an identification of the 
                vulnerability of the treatment works'--
                          ``(i) facilities, systems, and 
                        devices used in the storage, treatment, 
                        recycling, or reclamation of municipal 
                        sewage or industrial wastes;
                          ``(ii) intercepting sewers, outfall 
                        sewers, sewage collection systems, and 
                        other constructed conveyances under the 
                        control of the owner or operator of the 
                        treatment works;
                          ``(iii) electronic, computer, and 
                        other automated systems;
                          ``(iv) pumping, power, and other 
                        equipment;
                          ``(v) use, storage, and handling of 
                        various chemicals, including substances 
                        of concern, as identified by the 
                        Administrator;
                          ``(vi) operation and maintenance 
                        procedures; and
                          ``(vii) ability to ensure continuity 
                        of operations.
          ``(3) Site security plan.--
                  ``(A) Definition.--In this section, the term 
                `site security plan' means a process developed 
                by the owner or operator of a treatment works 
                to address security risks identified in a 
                vulnerability assessment developed for the 
                treatment works.
                  ``(B) Identification of security 
                enhancements.--A site security plan carried out 
                under paragraph (1)(B) shall identify specific 
                security enhancements, including procedures, 
                countermeasures, or equipment, that, when 
                implemented or utilized, will reduce the 
                vulnerabilities identified in a vulnerability 
                assessment (including the identification of the 
                extent to which implementation or utilization 
                of such security enhancements may impact the 
                operations of the treatment works in meeting 
                the goals and requirements of this Act).
  ``(b) Rulemaking and Guidance Documents.--
          ``(1) In general.--Not later than December 31, 2010, 
        the Administrator, after providing notice and an 
        opportunity for public comment, shall issue 
        regulations--
                  ``(A) establishing risk-based performance 
                standards for the security of a treatment works 
                identified under subsection (a)(1); and
                  ``(B) establishing requirements and deadlines 
                for each owner or operator of a treatment works 
                identified under subsection (a)(1)--
                          ``(i) to conduct and submit to the 
                        Administrator a vulnerability 
                        assessment or, if the owner or operator 
                        of a treatment works already has 
                        conducted a vulnerability assessment, 
                        to revise and submit to the 
                        Administrator such assessment in 
                        accordance with this section;
                          ``(ii) to update and submit to the 
                        Administrator the vulnerability 
                        assessment not less than every 5 years 
                        and promptly after any change at the 
                        treatment works that could cause the 
                        reassignment of the treatment works to 
                        a different risk-based tier under 
                        paragraph (2)(B);
                          ``(iii) to develop and implement a 
                        site security plan and to update such 
                        plan not less than every 5 years and 
                        promptly after an update to the 
                        vulnerability assessment;
                          ``(iv) to develop an emergency 
                        response plan (or, if the owner or 
                        operator of a treatment works has 
                        already developed an emergency response 
                        plan, to revise the plan to be in 
                        accordance with this section) and to 
                        revise the plan not less than every 5 
                        years and promptly after an update to 
                        the vulnerability assessment; and
                          ``(v) to provide annual training to 
                        employees of the treatment works on 
                        implementing site security plans and 
                        emergency response plans.
          ``(2) Risk-based tiers and performance standards.--
                  ``(A) In general.--In developing regulations 
                under this subsection, the Administrator 
                shall--
                          ``(i) provide for 4 risk-based tiers 
                        applicable to treatment works 
                        identified under subsection (a)(1), 
                        with tier one representing the highest 
                        degree of security risk; and
                          ``(ii) establish risk-based 
                        performance standards for site security 
                        plans and emergency response plans 
                        required under this section.
                  ``(B) Risk-based tiers.--
                          ``(i) Assignment of risk-based 
                        tiers.--The Administrator shall assign 
                        (and reassign when appropriate) each 
                        treatment works identified under 
                        subsection (a)(1) to one of the risk-
                        based tiers established pursuant to 
                        this paragraph.
                          ``(ii) Factors to consider.--In 
                        assigning a treatment works to a risk-
                        based tier, the Administrator shall 
                        consider--
                                  ``(I) the size of the 
                                treatment works;
                                  ``(II) the proximity of the 
                                treatment works to large 
                                population centers;
                                  ``(III) the adverse impacts 
                                of an intentional act, 
                                including a worst-case release 
                                of a substance of concern 
                                designated under subsection 
                                (c), on the operation of the 
                                treatment works or on critical 
                                infrastructure, public health 
                                or safety, or the environment; 
                                and
                                  ``(IV) any other factor that 
                                the Administrator determines to 
                                be appropriate.
                          ``(iii) Information request for 
                        treatment works.--The Administrator may 
                        require the owner or operator of a 
                        treatment works identified under 
                        subsection (a)(1) to submit information 
                        in order to determine the appropriate 
                        risk-based tier for the treatment 
                        works.
                          ``(iv) Explanation for risk-based 
                        tier assignment.--The Administrator 
                        shall provide the owner or operator of 
                        each treatment works assigned to a 
                        risk-based tier with the reasons for 
                        the tier assignment and whether such 
                        owner or operator of a treatment works 
                        is required to submit an assessment 
                        under paragraph (3)(B).
                  ``(C) Risk-based performance standards.--
                          ``(i) Classification.--In 
                        establishing risk-based performance 
                        standards under subparagraph (A)(ii), 
                        the Administrator shall ensure that the 
                        standards are separate and, as 
                        appropriate, increasingly more 
                        stringent based on the level of risk 
                        associated with the risk-based tier 
                        assignment under subparagraph (B) for 
                        the treatment works.
                          ``(ii) Consideration.--In carrying 
                        out this subparagraph, the 
                        Administrator shall take into account 
                        section 27.230 of title 6, Code of 
                        Federal Regulations (or any successor 
                        regulation).
                  ``(D) Site security plans.--
                          ``(i) In general.--In developing 
                        regulations under this subsection, the 
                        Administrator shall permit the owner or 
                        operator of a treatment works 
                        identified under subsection (a)(1), in 
                        developing and implementing a site 
                        security plan, to select layered 
                        security and preparedness measures 
                        that, in combination--
                                  ``(I) address the security 
                                risks identified in its 
                                vulnerability assessment; and
                                  ``(II) comply with the 
                                applicable risk-based 
                                performance standards required 
                                by this subsection.
          ``(3) Methods to reduce the consequences of a 
        chemical release from an intentional act.--
                  ``(A) Definition.--In this section, the term 
                `method to reduce the consequences of a 
                chemical release from an intentional act' means 
                a measure at a treatment works identified under 
                subsection (a)(1) that reduces or eliminates 
                the potential consequences of a release of a 
                substance of concern designated under 
                subsection (c) from an intentional act, such 
                as--
                          ``(i) the elimination of or a 
                        reduction in the amount of a substance 
                        of concern possessed or planned to be 
                        possessed by a treatment works through 
                        the use of alternate substances, 
                        formulations, or processes;
                          ``(ii) the modification of pressures, 
                        temperatures, or concentrations of a 
                        substance of concern; and
                          ``(iii) the reduction or elimination 
                        of onsite handling of a substance of 
                        concern through the improvement of 
                        inventory control or chemical use 
                        efficiency.
                  ``(B) Assessment.--
                          ``(i) In general.--In developing the 
                        regulations under this subsection, for 
                        each treatment works identified under 
                        subsection (a)(1) that possesses or 
                        plans to possess a substance of concern 
                        in excess of the release threshold 
                        quantity set by the Administrator under 
                        subsection (c)(2), the Administrator 
                        shall require the treatment works to 
                        include in its site security plan an 
                        assessment of methods to reduce the 
                        consequences of a chemical release from 
                        an intentional act at the treatment 
                        works.
                          ``(ii) Considerations for 
                        assessment.--In developing the 
                        regulations under this subsection, the 
                        Administrator shall require the owner 
                        or operator of each treatment works, in 
                        preparing the assessment, to consider 
                        factors appropriate to address the 
                        responsibilities of the treatment works 
                        to meet the goals and requirements of 
                        this Act and to include--
                                  ``(I) a description of the 
                                methods to reduce the 
                                consequences of a chemical 
                                release from an intentional 
                                act;
                                  ``(II) a description of how 
                                each described method to reduce 
                                the consequences of a chemical 
                                release from an intentional act 
                                could, if applied--
                                          ``(aa) reduce the 
                                        extent of death, 
                                        injury, or serious 
                                        adverse effects to 
                                        human health or the 
                                        environment as a result 
                                        of a release, theft, or 
                                        misappropriation of a 
                                        substance of concern 
                                        designated under 
                                        subsection (c); and
                                          ``(bb) impact the 
                                        operations of the 
                                        treatment works in 
                                        meeting the goals and 
                                        requirements of this 
                                        Act;
                                  ``(III) whether each 
                                described method to reduce the 
                                consequences of a chemical 
                                release from an intentional act 
                                at the treatment works is 
                                feasible, as determined by the 
                                Administrator;
                                  ``(IV) the costs (including 
                                capital and operational costs) 
                                and avoided costs (including 
                                potential savings) associated 
                                with applying each described 
                                method to reduce the 
                                consequences of a chemical 
                                release from an intentional act 
                                at the treatment works;
                                  ``(V) any other relevant 
                                information that the owner or 
                                operator of a treatment works 
                                relied on in conducting the 
                                assessment; and
                                  ``(VI) a statement of whether 
                                the owner or operator of a 
                                treatment works has implemented 
                                or plans to implement a method 
                                to reduce the consequences of a 
                                chemical release from an 
                                intentional act, a description 
                                of any such method, and, in the 
                                case of a treatment works 
                                described in subparagraph 
                                (C)(i), an explanation of the 
                                reasons for any decision not to 
                                implement any such method.
                  ``(C) Required methods.--
                          ``(i) Application.--This subparagraph 
                        applies to a treatment works identified 
                        under subsection (a)(1) that--
                                  ``(I) is assigned to one of 
                                the two highest risk-based 
                                tiers established under 
                                paragraph (2)(A); and
                                  ``(II) possesses or plans to 
                                possess a substance of concern 
                                in excess of the threshold 
                                quantity set by the 
                                Administrator under subsection 
                                (c)(2).
                          ``(ii) Highest-risk systems.--If, on 
                        the basis of its assessment developed 
                        pursuant to subparagraph (B), the owner 
                        or operator of a treatment works 
                        described in clause (i) decides not to 
                        implement a method to reduce the 
                        consequences of a chemical release from 
                        an intentional act, in accordance with 
                        a timeline set by the Administrator--
                                  ``(I) the Administrator or, 
                                where applicable, a State with 
                                an approved program under 
                                section 402, shall determine 
                                whether to require the owner or 
                                operator of a treatment works 
                                to implement such method; and
                                  ``(II) in the case of a State 
                                with such approved program, the 
                                State shall report such 
                                determination to the 
                                Administrator.
                          ``(iii) Considerations.--Before 
                        requiring the implementation of a 
                        method to reduce the consequences of a 
                        chemical release from an intentional 
                        act under clause (ii), the 
                        Administrator or a State, as the case 
                        may be, shall consider factors 
                        appropriate to address the 
                        responsibilities of the treatment works 
                        to meet the goals and requirements of 
                        this Act, including an examination of 
                        whether the method--
                                  ``(I) would significantly 
                                reduce the risk of death, 
                                injury, or serious adverse 
                                effects to human health 
                                resulting from a chemical 
                                release from an intentional act 
                                at the treatment works;
                                  ``(II) would not increase the 
                                interim storage by the 
                                treatment works of a substance 
                                of concern designated under 
                                subsection (c);
                                  ``(III) could impact the 
                                operations of the treatment 
                                works in meeting the goals and 
                                requirements of this Act or any 
                                more stringent standards 
                                established by the State or 
                                municipality in which the 
                                treatment works is located; and
                                  ``(IV) is feasible, as 
                                determined by the 
                                Administrator, to be 
                                incorporated into the 
                                operations of the treatment 
                                works.
                  ``(D) Appeal.--Before requiring the 
                implementation of a method to reduce the 
                consequences of a chemical release from an 
                intentional act under clause (ii), the 
                Administrator or a State, as the case may be, 
                shall provide the owner or operator of the 
                treatment works an opportunity to appeal the 
                determination to require such implementation.
                  ``(E) Incomplete or late assessments.--
                          ``(i) Incomplete assessments.--If the 
                        Administrator determines that a 
                        treatment works fails to meet the 
                        requirements of subparagraph (B) and 
                        the applicable regulations, the 
                        Administrator shall, after notifying 
                        the owner or operator of a treatment 
                        works and the State in which the 
                        treatment works is located, require the 
                        owner or operator of the treatment 
                        works to submit a revised assessment 
                        not later than 60 days after the 
                        Administrator notifies the owner or 
                        operator. The Administrator may require 
                        such additional revisions as are 
                        necessary to ensure that the treatment 
                        works meets the requirements of 
                        subparagraph (B) and the applicable 
                        regulations.
                          ``(ii) Late assessments.--If the 
                        Administrator finds that the owner or 
                        operator of a treatment works, in 
                        conducting an assessment pursuant to 
                        subparagraph (B), did not complete such 
                        assessment in accordance with the 
                        deadline set by the Administrator, the 
                        Administrator may, after notifying the 
                        owner or operator of the treatment 
                        works and the State in which the 
                        treatment works is located, take 
                        appropriate enforcement action under 
                        subsection (j).
                          ``(iii) Review.--A State with an 
                        approved program under section 402 or 
                        the Administrator, as the case may be, 
                        shall review a revised assessment that 
                        meets the requirements of subparagraph 
                        (B) and applicable regulations to 
                        determine whether the treatment works 
                        will be required to implement methods 
                        to reduce the consequences of a 
                        chemical release from an intentional 
                        act pursuant to subparagraph (C).
                  ``(F) Enforcement.--
                          ``(i) Failure by state to make 
                        determination.--
                                  ``(I) In general.--If the 
                                Administrator determines that a 
                                State with an approved program 
                                under section 402 failed to 
                                determine whether to require a 
                                treatment works to implement a 
                                method to reduce the 
                                consequences of a chemical 
                                release from an intentional 
                                act, as required by 
                                subparagraph (C)(ii), the 
                                Administrator shall notify the 
                                State and the owner or operator 
                                of the treatment works.
                                  ``(II) Administrative 
                                action.--If, after 30 days 
                                after the notification 
                                described in subclause (I), a 
                                State fails to make the 
                                determination described in that 
                                subclause, the Administrator 
                                shall notify the State and the 
                                owner or operator of the 
                                treatment works and shall 
                                determine whether to require 
                                the owner or operator to 
                                implement a method to reduce 
                                the consequences of a chemical 
                                release from an intentional act 
                                based on the factors described 
                                in subparagraph (C)(iii).
                          ``(ii) Failure by state to bring 
                        enforcement action.--
                                  ``(I) In general.--If, in a 
                                State with an approved program 
                                under section 402, the 
                                Administrator determines that 
                                the owner or operator of a 
                                treatment works fails to 
                                implement a method to reduce 
                                the consequences of a chemical 
                                release from an intentional act 
                                (as required by the State or 
                                the Administrator under 
                                subparagraph (C)(ii) or the 
                                Administrator under clause 
                                (i)(II)), the Administrator 
                                shall notify the State and the 
                                owner or operator of the 
                                treatment works.
                                  ``(II) Administrative 
                                enforcement action.--If, after 
                                30 days after the notification 
                                described in subclause (I), the 
                                State has not commenced 
                                appropriate enforcement action, 
                                the Administrator shall notify 
                                the State and may commence an 
                                enforcement action against the 
                                owner or operator of the 
                                treatment works, including by 
                                seeking or imposing civil 
                                penalties under subsection (j), 
                                to require implementation of 
                                such method.
          ``(4) Consultation with state authorities.--In 
        developing the regulations under this subsection, the 
        Administrator shall consult with States with approved 
        programs under section 402.
          ``(5) Consultation with other persons.--In developing 
        the regulations under this subsection, the 
        Administrator shall consult with the Secretary of 
        Homeland Security, and, as appropriate, other persons 
        regarding--
                  ``(A) the provision of threat-related and 
                other baseline information to treatment works 
                identified under subsection (a)(1);
                  ``(B) the designation of substances of 
                concern under subsection (c);
                  ``(C) the development of risk-based 
                performance standards;
                  ``(D) the establishment of risk-based tiers 
                and the process for the assignment of treatment 
                works identified under subsection (a)(1) to 
                such tiers;
                  ``(E) the process for the development and 
                evaluation of vulnerability assessments, site 
                security plans, and emergency response plans;
                  ``(F) the treatment of protected information; 
                and
                  ``(G) any other factor that the Administrator 
                determines to be appropriate.
          ``(6) Consideration.--In developing the regulations 
        under this subsection, the Administrator shall ensure 
        that such regulations are consistent with the goals and 
        requirements of this Act.
  ``(c) Substances of Concern.--For purposes of this section, 
the Administrator, in consultation with the Secretary of 
Homeland Security--
          ``(1) may designate any chemical substance as a 
        substance of concern;
          ``(2) at the time any chemical substance is 
        designated pursuant to paragraph (1), shall establish 
        by rulemaking a threshold quantity for the release or 
        theft of a substance, taking into account the toxicity, 
        reactivity, volatility, dispersability, combustability, 
        and flammability of the substance and the amount of the 
        substance, that, as a result of the release or theft, 
        is known to cause death, injury, or serious adverse 
        impacts to human health or the environment; and
          ``(3) in making such a designation, shall take into 
        account appendix A to part 27 of title 6, Code of 
        Federal Regulations (or any successor regulation).
  ``(d) Review of Vulnerability Assessment and Site Security 
Plan.--
          ``(1) In general.--Each owner or operator of a 
        treatment works identified under subsection (a)(1) 
        shall submit its vulnerability assessment and site 
        security plan to the Administrator for review in 
        accordance with deadlines established by the 
        Administrator.
          ``(2) Standard of review.--The Administrator shall 
        review each vulnerability assessment and site security 
        plan submitted under this subsection and--
                  ``(A) if the assessment or plan has a 
                significant deficiency described in paragraph 
                (3), require the owner or operator of the 
                treatment works to correct the deficiency; or
                  ``(B) approve such assessment or plan.
          ``(3) Significant deficiency.--A vulnerability 
        assessment or site security plan of a treatment works 
        has a significant deficiency under this subsection if 
        the Administrator, in consultation, as appropriate, 
        with a State with an approved program under section 
        402, determines that--
                  ``(A) such assessment does not comply with 
                the regulations promulgated under subsection 
                (b); or
                  ``(B) such plan--
                          ``(i) fails to address 
                        vulnerabilities identified in a 
                        vulnerability assessment; or
                          ``(ii) fails to meet applicable risk-
                        based performance standards.
          ``(4) Identification of deficiencies.--If the 
        Administrator identifies a significant deficiency in 
        the vulnerability assessment or site security plan of 
        an owner or operator of a treatment works under 
        paragraph (3), the Administrator shall provide the 
        owner or operator with a written notification of the 
        deficiency that--
                  ``(A) includes a clear explanation of the 
                deficiency in the vulnerability assessment or 
                site security plan;
                  ``(B) provides guidance to assist the owner 
                or operator in addressing the deficiency; and
                  ``(C) requires the owner or operator to 
                correct the deficiency and, by such date as the 
                Administrator determines appropriate, to submit 
                to the Administrator a revised vulnerability 
                assessment or site security plan.
          ``(5) State, local, or tribal governmental 
        entities.--No owner or operator of a treatment works 
        identified under subsection (a)(1) shall be required 
        under State, local, or tribal law to provide a 
        vulnerability assessment or site security plan 
        described in this section to any State, local, or 
        tribal governmental entity solely by reason of the 
        requirement set forth in paragraph (1) that the owner 
        or operator of a treatment works submit such an 
        assessment and plan to the Administrator.
  ``(e) Emergency Response Plan.--
          ``(1) In general.--The owner or operator of a 
        treatment works identified under subsection (a)(1) 
        shall develop or revise, as appropriate, an emergency 
        response plan that incorporates the results of the 
        current vulnerability assessment and site security plan 
        for the treatment works.
          ``(2) Certification.--The owner or operator of a 
        treatment works identified under subsection (a)(1) 
        shall certify to the Administrator that the owner or 
        operator has completed an emergency response plan, 
        shall submit such certification to the Administrator 
        not later than 6 months after the first completion or 
        revision of a vulnerability assessment under this 
        section, and shall submit an additional certification 
        following any update of the emergency response plan.
          ``(3) Contents.--An emergency response plan shall 
        include a description of--
                  ``(A) plans, procedures, and identification 
                of equipment that can be implemented or used in 
                the event of an intentional act at the 
                treatment works; and
                  ``(B) actions, procedures, and identification 
                of equipment that can obviate or significantly 
                reduce the impact of intentional acts to--
                          ``(i) substantially disrupt the 
                        ability of the treatment works to 
                        safely and reliably operate; or
                          ``(ii) have a substantial adverse 
                        effect on critical infrastructure, 
                        public health or safety, or the 
                        environment.
          ``(4) Coordination.--As part of its emergency 
        response plan, the owner or operator of a treatment 
        works shall provide appropriate information to any 
        local emergency planning committee, local law 
        enforcement officials, and local emergency response 
        providers to ensure an effective, collective response.
  ``(f) Role of Employees.--
          ``(1) Description of role.--Site security plans and 
        emergency response plans required under this section 
        shall describe the appropriate roles or 
        responsibilities that employees and contractor 
        employees of treatment works are expected to perform to 
        deter or respond to the intentional acts identified in 
        a current vulnerability assessment.
          ``(2) Training for employees.--The owner or operator 
        of a treatment works identified under subsection (a)(1) 
        shall annually provide employees and contractor 
        employees with the roles or responsibilities described 
        in paragraph (1) with sufficient training, as 
        determined by the Administrator, on carrying out those 
        roles or responsibilities.
          ``(3) Employee participation.--In developing, 
        revising, or updating a vulnerability assessment, site 
        security plan, and emergency response plan required 
        under this section, the owner or operator of a 
        treatment works shall include--
                  ``(A) at least one supervisory and at least 
                one nonsupervisory employee of the treatment 
                works; and
                  ``(B) at least one representative of each 
                certified or recognized bargaining agent 
                representing facility employees or contractor 
                employees with roles or responsibilities 
                described in paragraph (1), if any, in a 
                collective bargaining relationship with the 
                owner or operator of the treatment works or 
                with a contractor to the treatment works.
  ``(g) Maintenance of Records.--The owner or operator of a 
treatment works identified under subsection (a)(1) shall 
maintain an updated copy of its vulnerability assessment, site 
security plan, and emergency response plan on the premises of 
the treatment works.
  ``(h) Audit; Inspection.--
          ``(1) In general.--The Administrator shall audit and 
        inspect a treatment works identified under subsection 
        (a)(1), as necessary, for purposes of determining 
        compliance with this section.
          ``(2) Access.--In conducting an audit or inspection 
        of a treatment works under paragraph (1), the 
        Administrator shall have access to the owners, 
        operators, employees and contractor employees, and 
        employee representatives, if any, of such treatment 
        works.
          ``(3) Confidential communication of information; 
        aiding inspections.--The Administrator shall offer 
        nonsupervisory employees of a treatment works the 
        opportunity confidentially to communicate information 
        relevant to the compliance or noncompliance of the 
        owner or operator of the treatment works with this 
        section, including compliance or noncompliance with any 
        regulation or requirement adopted by the Administrator 
        in furtherance of the purposes of this section. A 
        representative of each certified or recognized 
        bargaining agent described in subsection (f)(3)(B), if 
        any, or, if none, a nonsupervisory employee, shall be 
        given an opportunity to accompany the Administrator 
        during the physical inspection of any treatment works 
        for the purpose of aiding such inspection, if 
        representatives of the treatment works will also be 
        accompanying the Administrator on such inspection.
  ``(i) Protection of Information.--
          ``(1) Prohibition of public disclosure of protected 
        information.--Protected information shall--
                  ``(A) be exempt from disclosure under section 
                552 of title 5, United States Code; and
                  ``(B) not be made available pursuant to any 
                State, local, or tribal law requiring 
                disclosure of information or records.
          ``(2) Information sharing.--
                  ``(A) In general.--The Administrator shall 
                prescribe such regulations, and may issue such 
                orders, as necessary to prohibit the 
                unauthorized disclosure of protected 
                information, as described in paragraph (7).
                  ``(B) Sharing of protected information.--The 
                regulations under subparagraph (A) shall 
                provide standards for and facilitate the 
                appropriate sharing of protected information 
                with and among Federal, State, local, and 
                tribal authorities, first responders, law 
                enforcement officials, supervisory and 
                nonsupervisory treatment works personnel with 
                security, operational, or fiduciary 
                responsibility for the system designated by the 
                owner or operator of the treatment works, and 
                facility employee representatives designated by 
                the owner or operator of the treatment works, 
                if any.
                  ``(C) Information sharing procedures.--Such 
                standards shall include procedures for the 
                sharing of all portions of the vulnerability 
                assessment and site security plan of a 
                treatment works relating to the roles and 
                responsibilities of the employees or contractor 
                employees of a treatment works under subsection 
                (f)(1) with a representative of each certified 
                or recognized bargaining agent representing 
                such employees, if any, or, if none, with at 
                least one supervisory and at least one non-
                supervisory employee with roles and 
                responsibilities under subsection (f)(1).
                  ``(D) Penalties.--Protected information, as 
                described in paragraph (7), shall not be shared 
                except in accordance with the standards 
                provided by the regulations under subparagraph 
                (A). Whoever discloses protected information in 
                knowing violation of the regulations and orders 
                issued under subparagraph (A) shall be fined 
                under title 18, United States Code, imprisoned 
                for not more than one year, or both, and, in 
                the case of a Federal officeholder or employee, 
                shall be removed from Federal office or 
                employment.
          ``(3) Treatment of information in adjudicative 
        proceedings.--In any judicial or administrative 
        proceeding, protected information, as described in 
        paragraph (7), shall be treated in a manner consistent 
        with the treatment of sensitive security information 
        under section 525 of the Department of Homeland 
        Security Appropriations Act, 2007 (120 Stat. 1381).
          ``(4) Other obligations unaffected.--Nothing in this 
        section amends or affects an obligation of the owner or 
        operator of a treatment works to--
                  ``(A) submit or make available information to 
                employees of the treatment works, employee 
                organizations, or a Federal, State, local, or 
                tribal government agency under any other law; 
                or
                  ``(B) 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 treatment works or the 
        Administrator under any other law except as provided in 
        subsection (d)(5).
          ``(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 
                        under subsection (b)(3)(B).
                          ``(ii) Documents directly related to 
                        the Administrator's review of 
                        assessments and plans described in 
                        clause (i) and, as applicable, the 
                        State's review of an assessment 
                        developed under subsection (b)(3)(B).
                          ``(iii) Documents directly related to 
                        inspections and audits under this 
                        section.
                          ``(iv) Orders, notices, or letters 
                        regarding the compliance of a treatment 
                        works described in subsection (a)(1) 
                        with the requirements of this section.
                          ``(v) Information required to be 
                        provided to, or documents and records 
                        created by, the Administrator under 
                        subsection (b)(2).
                          ``(vi) Documents directly related to 
                        security drills and training exercises, 
                        security threats and breaches of 
                        security, and maintenance, calibration, 
                        and testing of security equipment.
                          ``(vii) Other information, documents, 
                        and records developed for the purposes 
                        of this section that the Administrator 
                        determines would be detrimental to the 
                        security of a treatment works if 
                        disclosed.
                  ``(B) Detriment requirement.--For purposes of 
                clauses (ii), (iii), (iv), (v), and (vi) of 
                subparagraph (A), the only portions of 
                documents, records, orders, notices, and 
                letters that shall be considered protected 
                information are those portions that--
                          ``(i) would be detrimental to the 
                        security of a treatment works if 
                        disclosed; and
                          ``(ii) are developed by the 
                        Administrator, the State, or the 
                        treatment works for the purposes of 
                        this section.
                  ``(C) Exclusions.--For purposes of this 
                paragraph, 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 treatment 
                        works has lawfully disclosed other than 
                        in accordance with this section; and
                          ``(iii) information that, if 
                        disclosed, would not be detrimental to 
                        the security of a treatment works, 
                        including aggregate regulatory data 
                        that the Administrator determines 
                        appropriate to describe compliance with 
                        the requirements of this section and 
                        the Administrator's implementation of 
                        such requirements.
  ``(j) Violations.--For the purposes of section 309 of this 
Act, any violation of any requirement of this section, 
including any regulations promulgated pursuant to this section, 
by an owner or operator of a treatment works described in 
subsection (a)(1) shall be treated in the same manner as a 
violation of a permit condition under section 402 of this Act.
  ``(k) Report to Congress.--
          ``(1) Periodic report.--Not later than 3 years after 
        the effective date of the regulations issued under 
        subsection (b) and every 3 years thereafter, the 
        Administrator shall transmit to the Committee on 
        Transportation and Infrastructure of the House of 
        Representatives and the Committee on Environment and 
        Public Works of the Senate a report on progress in 
        achieving compliance with this section.
          ``(2) Contents of the report.--Each such report shall 
        include, at a minimum, the following:
                  ``(A) A generalized summary of measures 
                implemented by the owner or operator of a 
                treatment works identified under subsection 
                (a)(1) in order to meet each risk-based 
                performance standard established by this 
                section.
                  ``(B) A summary of how the treatment works, 
                differentiated by risk-based tier assignment, 
                are complying with the requirements of this 
                section during the period covered by the report 
                and how the Administrator is implementing and 
                enforcing such requirements during such period, 
                including--
                          ``(i) the number of treatment works 
                        that provided the Administrator with 
                        information pursuant to subsection 
                        (b)(2)(B)(iii);
                          ``(ii) the number of treatment works 
                        assigned to each risk-based tier;
                          ``(iii) the number of vulnerability 
                        assessments and site security plans 
                        submitted by treatment works;
                          ``(iv) the number of vulnerability 
                        assessments and site security plans 
                        approved or found to have a significant 
                        deficiency under subsection (d)(2) by 
                        the Administrator;
                          ``(v) the number of treatment works 
                        without approved vulnerability 
                        assessments or site security plans;
                          ``(vi) the number of treatment works 
                        that have been assigned to a different 
                        risk-based tier due to implementation 
                        of a method to reduce the consequences 
                        of a chemical release from an 
                        intentional act and a description of 
                        the types of such implemented methods;
                          ``(vii) the number of audits and 
                        inspections conducted by the 
                        Administrator; and
                          ``(viii) any other regulatory data 
                        the Administrator determines 
                        appropriate to describe the compliance 
                        of owners or operators of treatment 
                        works with the requirements of this 
                        section and the Administrator's 
                        implementation of such requirements.
          ``(3) Public availability.--A report submitted under 
        this section shall be made publicly available.
  ``(l) Grants for Vulnerability Assessments, Security 
Enhancements, and Worker Training Programs.--
          ``(1) In general.--The Administrator may make a grant 
        to a State, municipality, or intermunicipal or 
        interstate agency--
                  ``(A) to conduct or update a vulnerability 
                assessment, site security plan, or emergency 
                response plan for a publicly owned treatment 
                works identified under subsection (a)(1);
                  ``(B) to implement a security enhancement at 
                a publicly owned treatment works identified 
                under subsection (a)(1), including a method to 
                reduce the consequences of a chemical release 
                from an intentional act, identified in an 
                approved site security plan and listed in 
                paragraph (2);
                  ``(C) to implement an additional security 
                enhancement at a publicly owned treatment works 
                identified under subsection (a)(1), including a 
                method to reduce the consequences of a chemical 
                release from an intentional act, identified in 
                an approved site security plan; and
                  ``(D) to provide for security-related 
                training of employees or contractor employees 
                of the treatment works and training for first 
                responders and emergency response providers.
          ``(2) Grants for security enhancements.--
                  ``(A) Preapproved security enhancements.--The 
                Administrator may make a grant under paragraph 
                (1)(B) to implement a security enhancement of a 
                treatment works for one or more of the 
                following:
                          ``(i) Purchase and installation of 
                        equipment for access control, intrusion 
                        prevention and delay, and detection of 
                        intruders and hazardous or dangerous 
                        substances, including--
                                  ``(I) barriers, fencing, and 
                                gates;
                                  ``(II) security lighting and 
                                cameras;
                                  ``(III) metal grates, wire 
                                mesh, and outfall entry 
                                barriers;
                                  ``(IV) securing of manhole 
                                covers and fill and vent pipes;
                                  ``(V) installation and re-
                                keying of doors and locks; and
                                  ``(VI) smoke, chemical, and 
                                explosive mixture detection 
                                systems.
                          ``(ii) Security improvements to 
                        electronic, computer, or other 
                        automated systems and remote security 
                        systems, including controlling access 
                        to such systems, intrusion detection 
                        and prevention, and system backup.
                          ``(iii) Participation in training 
                        programs and the purchase of training 
                        manuals and guidance materials relating 
                        to security.
                          ``(iv) Security screening of 
                        employees or contractor support 
                        services.
                  ``(B) Additional security enhancements.--The 
                Administrator may make a grant under paragraph 
                (1)(C) for additional security enhancements not 
                listed in subparagraph (A) that are identified 
                in an approved site security plan. The 
                additional security enhancements may include 
                the implementation of a method to reduce the 
                consequences of a chemical release from an 
                intentional act.
                  ``(C) Limitation on use of funds.--Grants 
                under this subsection may not be used for 
                personnel costs or operation or maintenance of 
                facilities, equipment, or systems.
                  ``(D) Federal share.--The Federal share of 
                the cost of activities funded by a grant under 
                paragraph (1) may not exceed 75 percent.
          ``(3) Eligibility.--To be eligible for a grant under 
        this subsection, a State, municipality, or 
        intermunicipal or interstate agency shall submit 
        information to the Administrator at such time, in such 
        form, and with such assurances as the Administrator may 
        require.
  ``(m) Preemption.--This section does not preclude or deny the 
right of any State or political subdivision thereof to adopt or 
enforce any regulation, requirement, or standard of performance 
with respect to a treatment works that is more stringent than a 
regulation, requirement, or standard of performance under this 
section.
  ``(n) Authorization of Appropriations.--There is authorized 
to be appropriated to the Administrator $200,000,000 for each 
of fiscal years 2010 through 2014 for making grants under 
subsection (l). Such sums shall remain available until 
expended.
  ``(o) Relation to Chemical Facility Security Requirements.--
Title XXI of the Homeland Security Act of 2002 and the 
amendments made by title I of the Chemical and Water Security 
Act of 2009 shall not apply to any treatment works.''.

  Amend the title so as to read: ``A bill 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.''.

                PART B--TEXT OF AMENDMENTS MADE IN ORDER

  1. An Amendment To Be Offered by Representative Thompson, Bennie of 
         Mississippi, or His Designee, Debatable for 10 Minutes

  Page 5, beginning on line 22, strike ``counter surveillance'' 
and insert ``counter-surveillance''.
  Page 7, beginning on line 2, strike ``. Any such plan shall 
include'' and insert ``, including''.
  Page 7, line 19, strike ``Department'' and insert 
``Secretary''.
  Page 8, line 2, strike ``chemicals'' and insert ``a substance 
of concern''.
  Page 8, line 4, insert ``and'' after the comma.
  Page 9, line 5, strike ``Department'' and insert 
``Secretary''.
  Page 9, line 9, strike ``in'' and insert ``at''.
  Page 9, line 10, strike ``site'' and insert ``covered 
chemical facility''.
  Page 10, line 6, insert a comma after ``plan''.
  Page 17, line 3, insert ``chemical'' after ``designation of 
a''.
  Page 17, line 3, insert ``as a substance'' after 
``substance''.
   Page 17, line 4, insert ``for the substance'' after 
``quantity''.
  Page 17, line 8, strike ``may at any time'' and insert ``may, 
at any time,''.
  Page 18, line 10, insert a comma after ``concern''.
  Page 18, line 22, strike the comma after ``representative''.
   Page 19, line 6, strike ``this title'' and insert ``this 
section''.
  Page 22, line 3, insert ``, as determined by the Secretary,'' 
after ``geographically close''.
  Page 23, line 1, strike ``under'' and insert ``pursuant to''.
   Page 24, line 11, strike ``is''.
  Page 30, line 22, strike ``that'' and insert ``who''.
  Page 34, line 9, strike ``the period of''.
  Page 36, line 8, strike ``information'' and insert ``to the 
Secretary in a timely manner, information''.
  Page 36, line 9, strike ``in a timely manner''.
  Page 38, line 17, insert ``departmental'' after ``seek''.
  Page 38, line 17, strike ``within the Department''.
  Page 39, line 24, strike ``that'' and insert ``who''.
  Page 39, line 25, insert a comma after ``subsection (a)''.
  Page 40, line 15, strike ``, profit'' and insert ``, for-
profit''.
  Page 46, line 16, strike ``protected information is any of 
the following'''' and insert ``the term `protected information' 
means any of the following''.
  Page 46, line 22, strike ``determines'' and insert ``has 
determined by regulation''.
  Page 48, strike lines 3 through 17 and insert the following:
          ``(2) Exclusions.--Notwithstanding paragraph (1), the 
        term `protected information' does not include--
                  ``(A) information, other than a security 
                vulnerability assessment or site security plan, 
                that the Secretary has determined by regulation 
                to be--
                          ``(i) appropriate to describe 
                        facility compliance with the 
                        requirements of this title and the 
                        Secretary's implementation of such 
                        requirements; and
                          ``(ii) not detrimental to chemical 
                        facility security if disclosed; or
                  ``(B) information, whether or not also 
                contained in a security vulnerability 
                assessment, site security plan, or in a 
                document, record, order, notice, or letter, or 
                portion thereof, described in subparagraph (B) 
                or (C) of paragraph (1), that is obtained from 
                another source with respect to which the 
                Secretary has not made a determination under 
                either such subparagraph, including--
                          ``(i) information that is required to 
                        be made publicly available under any 
                        other provision of law; and
                          ``(ii) information that a chemical 
                        facility has lawfully disclosed other 
                        than in a submission to the Secretary 
                        pursuant to a requirement of this 
                        title.
   Page 54, line 3, strike ``of'' and insert ``after''.
  Page 63, line 7, strike ``1996'' and insert ``1986''.
  Page 75, line 13, strike ``Department'' and insert 
``Secretary''.
  Page 92, line 23, insert ``and resubmit'' after ``update''.
  Page 93, beginning on line 10, strike ``(or, if the system 
has already developed an emergency response plan, to revise the 
plan to be in accordance with this section)'' and insert ``or, 
if the system has already developed an emergency response plan, 
to revise the plan to be in accordance with this section,''.
  Page 110, beginning on line 2, strike ``commence an 
enforcement action against the system, including by seeking or 
imposing civil penalties'' and insert ``take appropriate 
enforcement action''.
  Page 115, beginning on line 22, strike ``, as described in 
paragraph (7)''.
  Page 116, beginning on line 21, strike ``, as described in 
paragraph (7),''.
  Page 117, beginning on line 9, strike ``, as described in 
paragraph (7),''.
  Page 117, line 22, insert ``provision of'' before ``law''.
  Page 117, line 23, insert ``provision of'' before ``law''.
  Page 118, line 10, insert ``provision of'' before ``law''.
  Page 118, beginning on line 13, strike ``protected 
information is any of the following'' and insert ``the term 
`protected information' means any of the following''.
  Page 119, line 17, strike ``determines'' and insert ``has 
determined by regulation''.
  Page 120, line 1, insert before ``would'' the following: 
``the Secretary has determined by regulation''
  Page 120, strike lines 7 through 24 and insert the following:
                  ``(C) Exclusions.--Notwithstanding 
                subparagraphs (A) and (B), the term `protected 
                information' does not include--
                          ``(i) information, other than a 
                        security vulnerability assessment or 
                        site security plan, that the 
                        Administrator has determined by 
                        regulation to be--
                                  ``(I) appropriate to describe 
                                system compliance with the 
                                requirements of this title and 
                                the Administrator's 
                                implementation of such 
                                requirements; and
                                  ``(II) not detrimental to the 
                                security of one or more covered 
                                water systems if disclosed; or
                          ``(ii) information, whether or not 
                        also contained in a security 
                        vulnerability assessment, site security 
                        plan, or in a document, record, order, 
                        notice, or letter, or portion thereof, 
                        described in any of clauses (ii) 
                        through (vii) of subparagraph (A) that 
                        is obtained from another source with 
                        respect to which the Administrator has 
                        not made a determination under either 
                        subparagraph (A)(vii) or (B), 
                        including--
                                  ``(I) information that is 
                                required to be made publicly 
                                available under any other 
                                provision of law; and
                                  ``(II) information that a 
                                covered water system has 
                                lawfully disclosed other than 
                                in a submission to the 
                                Administrator pursuant to a 
                                requirement of this title.
  Page 121, line 3, strike ``the amendments made by''.
  Page 131, beginning on line 3, strike ``threat of 
contamination of drinking water being distributed through 
public water systems, including fire main systems'' and insert 
``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''.
  Page 151, line 24, after ``cause'' and insert ``, or may be 
reasonably anticipated to cause,''.
  Page 161, line 12, insert ``provision of'' before ``law''.
  Page 161, line 13, insert ``provision of'' before ``law''.
  Page 161, line 25, insert ``provision of'' before ``law''.
  Page 162, beginning on line 3, strike ``protected information 
is any of the following'' and insert ``the term `protected 
information' means any of the following''.
  Page 163, beginning on line 6, strike ``determines'' and 
insert ``has determined by regulation''.
  Page 163, line 15, before ``would'' insert the following: 
``the Secretary has determined by regulation''.
  Strike line 20 on page 163 and all that follows through page 
164, line 13, and insert the following:
                  ``(C) Exclusions.--Notwithstanding 
                subparagraphs (A) and (B), the term `protected 
                information' does not include--
                          ``(i) information, other than a 
                        security vulnerability assessment or 
                        site security plan, that the 
                        Administrator has determined by 
                        regulation to be--
                                  ``(I) appropriate to describe 
                                treatment works compliance with 
                                the requirements of this title 
                                and the Administrator's 
                                implementation of such 
                                requirements; and
                                  ``(II) not detrimental to the 
                                security of one or more 
                                treatment works if disclosed; 
                                or
                          ``(ii) information, whether or not 
                        also contained in a security 
                        vulnerability assessment, site security 
                        plan, or in a document, record, order, 
                        notice, or letter, or portion thereof, 
                        described in any of clauses (ii) 
                        through (vii) of subparagraph (A) that 
                        is obtained from another source with 
                        respect to which the Administrator has 
                        not made a determination under either 
                        subparagraph (A)(vii) or (B), 
                        including--
                                  ``(I) information that is 
                                required to be made publicly 
                                available under any other 
                                provision of law; and
                                  ``(II) information that a 
                                treatment works has lawfully 
                                disclosed other than in a 
                                submission to the Administrator 
                                pursuant to a requirement of 
                                this title.
  Page 171, line 5, strike ``the amendments made by''.
                              ----------                              


 2. An Amendment To Be Offered by Representative Barton, Joe of Texas, 
               or His Designee, Debatable for 10 Minutes

  Page 43, strike lines 7 through 16, and insert the following:

``SEC. 2109. FEDERAL PREEMPTION.

  ``No State or political subdivision thereof may adopt or 
attempt to enforce any regulation, requirement, or standard of 
performance with respect to a covered chemical facility if such 
regulation, requirement, or standard of performance poses 
obstacles to, hinders, or frustrates the purpose of any 
requirement or standard of performance under this title.
  Page 121, strike lines 6 through 11, and insert the 
following:
  ``(n) Preemption.--No State or political subdivision thereof 
may adopt or attempt to enforce any regulation, requirement, or 
standard of performance with respect to a covered water system 
if such regulation, requirement, or standard of performance 
poses obstacles to, hinders, or frustrates the purpose of any 
requirement or standard of performance under this section.
  Page 170, strike lines 17 through 22, and insert the 
following:
  ``(m) Preemption.--No State or political subdivision thereof 
may adopt or attempt to enforce any regulation, requirement, or 
standard of performance with respect to a treatment works if 
such regulation, requirement, or standard of performance poses 
obstacles to, hinders, or frustrates the purpose of any 
requirement or standard of performance under this section.
                              ----------                              


  3. An Amendment To Be Offered by Representative Hastings, Alcee of 
           Florida, or His Designee, Debatable for 10 Minutes

  Page 65, after line 2, insert the following:
  ``(d) Outreach Support.--
          ``(1) Point of contact.--The Secretary shall 
        designate a point of contact for the Administrator of 
        the Environmental Protection Agency, and the head of 
        any other agency designated by the Secretary, with 
        respect to the requirements of this title.
          ``(2) Outreach.--The Secretary shall, as appropriate, 
        and in accordance with this title, inform State 
        emergency response commissions appointed pursuant to 
        section 301(a) of the Emergency Planning and Community 
        Right-To-Know Act of 1986 (42 U.S.C. 11001) and local 
        emergency planning committees appointed pursuant to 
        section 301(c) of such Act, and any other entity 
        designated by the Secretary, of the findings of the 
        Office of Chemical Facility Security so that such 
        commissions and committees may update emergency 
        planning and training procedures.
                              ----------                              


   4. An Amendment To Be Offered by Representative Dent, Charles of 
        Pennsylvania, or His Designee, Debatable for 10 Minutes

  Page 2, beginning on line 1, strike title I and insert the 
following (and conform the table of contents accordingly):

                  TITLE I--CHEMICAL FACILITY SECURITY

SEC. 101. SHORT TITLE.

  This Act may be cited as the ``Chemical Facility Security 
Authorization Act of 2009''.

SEC. 102. EXTENSION OF AUTHORITY OF SECRETARY OF HOMELAND SECURITY TO 
                    REGULATE THE SECURITY OF CHEMICAL FACILITIES.

  Section 550(b) of the Department of Homeland Security 
Appropriations Act, 2007 (Public Law 109-295; 6 U.S.C. 121 
note) is amended by striking ``three years after the date of 
enactment of this Act'' and inserting ``on October 1, 2012''.
                              ----------                              


   5. An Amendment To Be Offered by Representative Dent, Charles of 
        Pennsylvania, or His Designee, Debatable for 10 Minutes

  Page 25, line 12, strike ``, including the requirements under 
section 2111''.
  Page 46, line 18, strike ``, including any assessment 
required under section 2111''.
  Page 48, beginning on line 18, strike the proposed section 
2111 and redesignate the proposed sections 2112 through 2120 as 
sections 2111 through 2119, respectively.
  Pg 87, line 4, strike ``, of which up to $3,000,000 shall be 
made available for grants authorized under section 
2111(c)(1)''.
  Pg 87, line 10, strike ``, of which up to $3,000,000 shall be 
made available for grants authorized under section 
2111(c)(1)''.
  Pg 87, line 16, strike ``, of which up to $3,000,000 shall be 
made available for grants authorized under section 
2111(c)(1)''.
  Page 88, in the proposed amendment to the table of contents 
of the Homeland Security Act of 2002, strike the item relating 
to section 2111 and redesignate the items relating to sections 
2112 through 2120 as items relating to sections 2111 through 
2119, respectively.
                              ----------                              


6. An Amendment To Be Offered by Representative Flake, Jeff of Arizona, 
               or His Designee, Debatable for 10 Minutes

  Page 31, after line 25, insert the following:
                  ``(E) Presumption of congress relating to 
                competitive procedures.--
                          ``(i) Presumption.--It is the 
                        presumption of Congress that grants 
                        awarded under this paragraph will be 
                        awarded using competitive procedures 
                        based on merit.
                          ``(ii) Report to congress.--If grants 
                        are awarded under this paragraph using 
                        procedures other than competitive 
                        procedures, the Secretary shall submit 
                        to Congress a report explaining why 
                        competitive procedures were not used.
                  ``(F) Prohibition on earmarks.--None of the 
                funds appropriated to carry out this paragraph 
                may be used for a congressional earmark as 
                defined in clause 9d, of Rule XXI of the rules 
                of the House of Representatives of the 111th 
                Congress.''.
                              ----------                              


   7. An Amendment To Be Offered by Representative Schrader, Kurt of 
           Oregon, or His Designee, Debatable for 10 Minutes

  Page 54, line 24, strike ``Sectoral Impacts'' and insert 
``Agricultural Sector''.
  Page 55, beginning on line 12, strike ``impacts of 
compliance'' and insert ``agricultural impacts''.
  Page 55, beginning on line 19, strike ``by manufacturers, 
retailers, aerial commercial applicators, and distributors of 
pesticide and fertilizer'' and insert ``on the agricultural 
sector''.
  Page 55, line 23, insert a comma after ``Representatives''.
  Page 55, line 24, strike ``and'' before ``the Committee''.
  Page 55 line 25, insert ``, the Committee on Agriculture of 
the House of Representatives, and the Committee on Agriculture, 
Nutrition and Forestry of the Senate'' after ``Senate''.
  Page 56, line 4, insert ``agricultural'' after ``scope of''.
  Page 57, beginning on line 15, strike ``other sectors engaged 
in commerce'' and insert ``agricultural end-users''.
  Strike line 20 on page 57 and all that follows through page 
58, line 2, and insert the following:
          ``(3) Definitions.--In this subsection:
                  ``(A) Farm supplies merchant wholesaler.--The 
                term `farm supplies merchant wholesaler' means 
                a covered chemical facility that is primarily 
                engaged in the merchant wholesale distribution 
                of farm supplies, such as animal feeds, 
                fertilizers, agricultural chemicals, 
                pesticides, plant seeds, and plant bulbs.
                  ``(B) Agricultural end-users.--The term 
                `agricultural end-users' means facilities such 
                as--
                          ``(i) farms, including crop, fruit, 
                        nut, and vegetable farms;
                          ``(ii) ranches and rangeland;
                          ``(iii) poultry, dairy, and equine 
                        facilities;
                          ``(iv) turfgrass growers;
                          ``(v) golf courses;
                          ``(vi) nurseries;
                          ``(vii) floricultural operations; and
                          ``(viii) public and private parks.
                              ----------                              


  8. An Amendment To Be Offered by Representative McCaul, Michael of 
            Texas, or His Designee, Debatable for 10 Minutes

  Page 76, beginning on line 11, strike the proposed section 
2116 and redesignate the proposed sections 2117 through 2120 as 
sections 2116 through 2119, respectively.
  Page 88, in the proposed amendment to the table of contents 
of the Homeland Security Act of 2002, strike the item relating 
to section 2116 and redesignate the items relating to sections 
2117 through 2120 as items relating to sections 2116 through 
2119, respectively.
                              ----------                              


 9. An Amendment To Be Offered by Representative Halvorson, Deborah of 
          Illinois, or Her Designee, Debatable for 10 Minutes

  Page 58, beginning on line 3, strike ``Assessment of Impacts 
on Small Covered Chemical Facilities'' and insert ``Small 
Covered Chemical Facilities''.
  Page 58, after line 4, insert the following:
          ``(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.
  Page 58, line 5, strike  ``(1) in general'' and insert ``(2) 
assessment of impacts on small covered chemical facilities''.
  Page 59, line 20, strike ``(2) Definition'' and insert ``(3) 
Definition''.
                              ----------                              


   10. An Amendment To Be Offered by Representative Foster, Bill of 
          Illinois, or His Designee, Debatable for 10 Minutes

  Page 13, after line 21, insert the following:
          ``(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.
  Page 20, line 12, strike ``and'' after the semicolon.
  Page 20, line 19, strike the period after ``disapproval'' and 
insert ``; and''.
  Page 20, after line 19, insert the following:
                  ``(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.

                                  
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