,,ii  #aacth ,,congress  #ast ,session  
,s4 #fg  ,,in ,,the ,,senate ,,of ,,the 
,,united ,,states  ,january #bc         
7legislative day1 ,january #c71 #bjac   
,mr4 ,lautenberg introduced the         
following bill2 which was read twice and
 referred to the ,committee on          
,environment and ,public ,works  ,a     
,,bill  ,to amend the ,safe ,drinking   
,water ,act and the ,federal ,water     
,pollution ,control ,act to authorize   
the ,administrator of the ,environmental
 ,protection ,agency to reduce or       
eliminate the risk of releases of       
hazardous chemicals from public water   
systems and wastewater treatment works1 
and for other purposes4  #a4 ,short     
title2 table of contents  7a7 ,short    
title ,this ,act may be cited as the    
,secure ,water ,facilities ,act4  7b7   
,table of contents ,the table of        
contents for this ,act is as follows3   
,sec4 #a4 ,short title2 table of        
contents4 ,,title ,i--,drinking water   
system security ,sec4 #aja4 ,short      

title4 ,sec4 #ajb4 ,intentional acts    
affecting security of covered water     
systems4 ,sec4 #ajc4 ,study to assess   
threat of contamination of drinking     
water distribution systems4 ,,title     
,,ii--,wastewater treatment works       
security ,sec4 #bja4 ,short title4 ,sec4
 #bjb4 ,wastewater treatment works      
security4 ,sec4 #bjc4 ,study to assess  
threat of contamination of wastewater   
treatment works4  ,i ,drinking water    
system security  #aja4 ,short title     
,this title may be cited as the ,secure 
,drinking ,water ,facilities ,act4      
#ajb4 ,intentional acts affecting       
security of covered water systems  7a7  
,amendment  7#a7 ,in general ,section   
#adcc of the ,safe ,drinking ,water ,act
 7#db ,u4,s4,c4 #cjj;i-#b7 is amended to
 read as follows3  #adcc4 ,intentional  
acts affecting security of covered water
 systems  7a7 ,definitions ,in this     
section3  7#a7 ,covered water system    
,the term covered water system means a  
public water system that--  7,a7 is a   

community water system serving a        
population of more than #c1cjj          
individuals2 or  7,b7 as determined by  
the ,administrator1 presents a security 
risk that requires regulation under this
 section4  7#b7 ,secretary ,the term    
,secretary means the ,secretary of      
,homeland ,security4  7b7 ,regulations  
7#a7 ,in general ,not later than #b     
years after the date of enactment of the
 ,secure ,water ,facilities ,act1 the   
,administrator shall promulgate final   
regulations to establish--  7,a7        
risk-based performance standards for the
 security of covered water systems in   
accordance with subsection 7c72 and     
7,b7 requirements and deadlines for each
 covered water system--  7i7 7,i7 to    
conduct a vulnerability assessment in   
accordance with subsection 7d7 and      
submit the vulnerability assessment to  
the ,administrator2 or  7,,ii7 if a     
vulnerability assessment has already    
been conducted relating to the covered  
water system--  7aa7 to revise the      

assessment in accordance with subsection
 7d72 and  7bb7 to submit the revised   
assessment to the ,administrator2  7ii7 
to update and resubmit a vulnerability  
assessment relating to the covered water
 system--  7,i7 not less frequently than
 once every #e years2 and  7,,ii7       
promptly after any change at the covered
 water system that could cause the      
reassignment of the covered water system
 to a different risk-based tier under   
subsection 7h72  7iii7 to develop1      
implement1 revise 7as appropriate71 and 
submit to the ,administrator a site     
security plan in accordance with        
subsection 7e7--  7,i7 not less         
frequently than once every #e years2 and
  7,,ii7 promptly after any revision to 
the vulnerability assessment of the     
covered water system under clause 7ii72 
7iv7 7,i7 7aa7 to develop an emergency  
response plan in accordance with        
subsection 7f72 or  7bb7 if an emergency
 response plan has already been         
developed for the covered water system1 

to revise the plan in accordance with   
subsection 7f72 and  7,,ii7 to revise   
the plan not less frequently than once  
every #e years2 and  7v7 to provide     
annual training to employees and        
contractors of covered water systems    
regarding the implementation of site    
security plans and emergency response   
plans in accordance with subsection 7g74
  7#b7 ,consultation ,in promulgating   
regulations pursuant to paragraph 7#a71 
the ,administrator shall consult with-- 
7,a7 ,states that exercise primary      
enforcement responsibility for public   
water systems2 and  7,b7 the ,secretary 
and other appropriate individuals and   
entities regarding--  7i7 a process for 
the development and evaluation of       
vulnerability assessments1 site security
 plans1 and emergency response plans2   
7ii7 the development of risk-based      
performance standards under subsection  
7c72  7iii7 the establishment of        
risk-based tiers and a process for the  
assignment of covered water systems to  

the risk-based tiers under subsection   
7h72  7iv7 the designation of substances
 of concern under subsection 7i72  7v7  
the provision of threat-related and     
other baseline information to covered   
water systems under subsection 7j72     
7vi7 the treatment of protected         
information in accordance with          
subsection 7o72 and  7vii7 such other   
matters as the ,administrator determines
 to be necessary4  7c7 ,risk-,based     
performance standards  7#a7 ,in general 
,the risk-based performance standards   
for site security plans under this      
subsection shall be--  7,a7 delineated  
by risk-based tier under subsection 7h72
 and  7,b7 increasingly stringent1 based
 on the level of risk associated with   
each risk-based tier4  7#b7 ,factor for 
consideration ,in developing standards  
under this subsection1 the              
,administrator shall take into          
consideration section #bg4bcj of title  
#f1 ,code of ,federal ,regulations 7or  
successor regulations74  7d7            

,vulnerability assessments  7#a7 ,in    
general ,a vulnerability assessment     
under this subsection shall include an  
evaluation by each covered water system 
of the vulnerability of the covered     
water system to a range of intentional  
acts1 including any intentional act that
 results in a release of a substance of 
concern that is known1 or may be        
reasonably anticipated1 to cause death1 
injury1 or serious adverse effects to   
human health or the environment4  7#b7  
,minimum requirements ,at a minimum1 a  
vulnerability assessment under this     
subsection shall include a review of1   
with respect to the relevant covered    
water system--  7,a7 pipes and          
constructed conveyances2  7,b7 physical 
barriers2  7,c7 water collection1       
pretreatment1 treatment1 storage1 and   
distribution facilities1 including fire 
hydrants2  7,d7 electronic1 computer1   
and other automated systems that are    
used by the covered water system2  7,e7 
the use1 storage1 or handling of various

 chemicals1 including substances of     
concern2  7,f7 the operation and        
maintenance of the covered water system2
 and  7,g7 the resiliency and ability of
 the covered water system to ensure     
continuity of operations in the event of
 a disruption caused by an intentional  
act4  7e7 ,site security plans ,in      
developing and implementing a site      
security plan under this section1 a     
covered water system may select layered 
security and preparedness measures that1
 in combination1 appropriately--  7#a7  
address the security risks identified in
 the vulnerability assessment of the    
covered water system2 and  7#b7 comply  
with the applicable risk-based          
performance standards required under    
this section4  7f7 ,emergency response  
plans  7#a7 ,in general ,each covered   
water system shall prepare or revise1 as
 appropriate1 an emergency response plan
 that incorporates the results of the   
most recent vulnerability assessment and
 site security plan of the covered water

 system4  7#b7 ,contents ,an emergency  
response plan under this subsection     
shall include--  7,a7 a description of  
the plans and procedures1 and an        
identification of the equipment1 that   
can be implemented or used in the event 
of an intentional act at the covered    
water system2 and  7,b7 a description of
 the actions and procedures1 and an     
identification of the equipment1 that   
can obviate or significantly lessen the 
impact on public health and the safety  
and supply of drinking water provided to
 communities and individuals of an      
intentional act at the covered water    
system4  7#c7 ,coordination  7,a7 ,in   
general ,as part of the emergency       
response plan of a covered water system1
 each covered water system shall provide
 to the individuals and entities        
described in subparagraph 7,b7          
appropriate information to ensure an    
effective collective response to an     
intentional act at the covered water    
system4  7,b7 ,description of           

individuals and entities ,an individual 
or entity referred to in subparagraph   
7,a7 is--  7i7 a local emergency        
planning committee2  7ii7 a ,state      
emergency response commission2  7iii7 a 
local law enforcement official2 or  7iv7
 a local emergency response provider4   
7#d7 ,certification  7,a7 ,in general   
,not later than #ahj days after the date
 on which a vulnerability assessment is 
completed or revised1 as appropriate1   
for a covered water system under        
subsection 7d71 the covered water system
 shall submit to the ,administrator a   
certification that the covered water    
system has completed an emergency       
response plan in accordance with this   
subsection4  7,b7 ,updates ,as soon as  
practicable after any update of an      
emergency response plan of a covered    
water system under this section1 a      
covered water system shall submit to the
 ,administrator an updated certification
 under subparagraph 7,a74  7g7 ,role of 
employees  7#a7 ,description of role    

,each site security plan and emergency  
response plan required under this       
section shall describe the appropriate  
roles and responsibilities that         
employees and contractors of the covered
 water system are expected to perform to
 deter or respond to an intentional act 
described in subsection 7h77#b77;,c74   
7#b7 ,training for employees ,not less  
frequently than once each year1 each    
covered water system shall provide to   
employees and contractors of the covered
 water system with roles or             
responsibilities described in paragraph 
7#a7 not less than #h hours of training 
regarding the conduct of those roles and
 responsibilities4  7#c7 ,employee      
participation ,in developing1 revising1 
or updating a vulnerability assessment1 
site security plan1 or emergency        
response plan required under this       
section1 a covered water system shall   
include--  7,a7 at least #a supervisory 
and at least #a nonsupervisory employee 
of the covered water system2 and  7,b7  

at least #a representative of each      
certified or recognized bargaining agent
 representing employees or contractors  
of the covered water system with roles  
or responsibilities described in        
paragraph 7#a71 if any1 in a collective 
bargaining relationship with the private
 or public owner or operator of the     
covered water system or a contractor to 
the covered water system4   7h7         
,risk-,based tiers  7#a7 ,establishment 
,the ,administrator shall establish1 by 
regulation1 #d risk-based tiers for the 
categorization of covered water systems 
under this section1 with tier #a        
representing the highest degree of      
security risk4  7#b7 ,assignment  7,a7  
,in general ,the ,administrator shall   
assign 7and reassign1 as appropriate7   
each covered water system to #a of the  
risk-based tiers established under      
paragraph 7#a74  7,b7 ,submission of    
information ,the ,administrator may     
require a covered water system to submit
 to the ,administrator such information 

as the ,administrator determines to be  
necessary to determine the appropriate  
risk-based tier for the covered water   
system4  7,c7 ,factors for consideration
 ,in assigning a covered water system to
 a risk-based tier under this paragraph1
 the ,administrator shall take into     
consideration--  7i7 the potential      
consequences 7such as death1 injury1 or 
serious adverse effects to human health1
 the environment1 critical              
infrastructure1 national security1 and  
the national economy7 of an intentional 
act at the covered water system--  7,i7 
to cause a release1 including a         
worst-case release1 of a substance of   
concern2  7,,ii7 7aa7 to introduce a    
contaminant into the drinking water     
supply2 or  7bb7 to disrupt the safe and
 reliable supply of drinking water2 and 
7,,iii7 to steal1 misappropriate1 or    
misuse a substance of concern2  7ii7 the
 size of the population served2 and     
7iii7 the proximity of the water system 
to large population centers4  7#c7      

,explanation for risk-based tier        
assignment ,the ,administrator shall    
provide to each covered water system    
assigned to a risk-based tier under this
 subsection a written explanation of--  
7,a7 the reasons for the assignment to  
that risk-based tier2 and  7,b7 the     
determination by the ,administrator     
regarding whether the covered water     
system is required to submit an         
assessment under subsection 7k77#b74    
7i7 ,substances of concern ,for purposes
 of this section1 the ,administrator1 in
 consultation with the ,secretary--     
7#a7 may designate any chemical         
substance as a substance of concern1    
taking into consideration appendix ,a of
 part #bg of title #f1 ,code of ,federal
 ,regulations 7or successor             
regulations72 and  7#b7 on the          
designation of a chemical substance as a
 substance of concern under paragraph   
7#a71 shall establish1 by regulation1 a 
threshold quantity for the release or   
theft of the chemical substance1 taking 

into consideration--  7,a7 the toxicity1
 reactivity1 volatility1 dispersability1
 combustibility1 and flammability of the
 chemical substance2 and  7,b7 the      
quantity of the chemical substance that1
 as a result of a release1 is known1 or 
may be reasonably anticipated1 to cause 
death1 injury1 or serious adverse       
effects to human health or the          
environment4  7j7 ,baseline information 
,to facilitate compliance with the      
requirements of this section1 as soon as
 practicable after the effective date of
 the regulations promulgated pursuant to
 subsection 7b71 and thereafter as      
appropriate1 the ,administrator1 after  
consultation with appropriate ,federal  
departments and agencies and ,state1    
local1 and tribal governments1 shall    
provide baseline information to covered 
water systems regarding the types of    
intentional acts that constitute        
probable threats with respect to--  7#a7
 the substantial disruption of the      
ability of the covered water system to  

provide a safe and reliable supply of   
drinking water2  7#b7 the release of a  
substance of concern at the covered     
water system2 or  7#c7 the theft1       
misuse1 or misappropriation of a        
substance of concern at the covered     
water system4  7k7 ,methods ,to reduce  
consequences of chemical releases from  
intentional acts  7#a7 ,definition of   
method to reduce the consequences of a  
chemical release from an intentional act
  7,a7 ,in general ,in this subsection1 
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 act4  7,b7          
,inclusions ,the term method to reduce  
the consequences of a chemical release  
from an intentional act includes--  7i7 
the elimination or reduction in quantity
 of a substance of concern possessed or 
planned to be possessed by a covered    

water system through the use of         
alternate substances1 formulations1 or  
processes2  7ii7 the modification of the
 pressure1 temperature1 or concentration
 of a substance of concern2 and  7iii7  
the reduction or elimination of onsite  
handling of a substance of concern      
through improvement of inventory control
 or chemical use efficiency4  7#b7      
,assessment  7,a7 ,in general ,each     
covered water system that possesses or  
plans to possess a substance of concern 
in excess of the release threshold      
quantity established by the             
,administrator under subsection         
7i77#b77;,b7 shall--  7i7 include in the
 site security plan of the covered water
 system an assessment of methods to     
reduce the consequences of a chemical   
release from an intentional act at the  
covered water system2 and  7ii7 submit  
the assessment under clause 7i7 to--    
7,i7 the ,administrator2 and  7,,ii7 the
 ,state exercising primary enforcement  
responsibility for the covered water    

system1 if any4  7,b7 ,factors for      
consideration ,in preparing an          
assessment under this paragraph1 a      
covered water system shall take into    
consideration factors appropriate to    
ensuring public health and the security 
and environmental mission of the covered
 water system4  7,c7 ,inclusions ,each  
assessment under this paragraph shall   
include a description of--  7i7 the     
methods to reduce the consequences of a 
chemical release from an intentional act
 at the covered water system2  7ii7 the 
means by which each method to reduce the
 consequences of a chemical release from
 an intentional act at the covered water
 system could1 if applied--  7,i7 reduce
 the potential extent of death1 injury1 
or serious adverse effects to human     
health resulting from the chemical      
release2 and  7,,ii7 affect the presence
 of contaminants in treated water1 human
 health1 or the environment2  7iii7     
whether each described method to reduce 
the consequences of a chemical release  

from an intentional act at the covered  
water system is feasible 7as defined in 
section #adab7;b77#d77;,d771 not        
including consideration of the costs    
calculated under clause 7iv72  7iv7 the 
costs 7including capital and operational
 costs7 and avoided costs 7including    
savings and liabilities7 associated with
 applying each method to reduce the     
consequences of a chemical release from 
an intentional act at the covered water 
system2  7v7 any other relevant         
information relied on by the covered    
water system in conducting the          
assessment2  7vi7 whether the covered   
water system has implemented or plans to
 implement #a or more methods to reduce 
the consequences of a chemical release  
from an intentional act and a           
description of any such method2 and     
7vii7 in the case of a covered water    
system described in paragraph 7#c77;,a71
 an explanation of the reasons for any  
decision not to implement a method to   
reduce the consequences of a chemical   

release from an intentional act at the  
covered water system4  7#c7 ,required   
methods  7,a7 ,applicability ,this      
paragraph applies to a covered water    
system that--  7i7 is assigned to #a of 
the #b highest risk-based tiers under   
subsection 7h72 and  7ii7 possesses or  
plans to possess a substance of concern 
in excess of the release threshold      
quantity established by the             
,administrator under subsection         
7i77#b77;,b74  7,b7 ,highest-risk       
systems ,if1 on the basis of an         
assessment under paragraph 7#b71 a      
covered water system described in       
subparagraph 7,a7 decides not to        
implement a method to reduce the        
consequences of a chemical release from 
an intentional act at the covered water 
system--  7i7 the ,state exercising     
primary enforcement responsibility for  
the covered water system 7if the covered
 water system is located in such a      
,state7 shall1 in accordance with a     
timeline established by the             

,administrator--  7,i7 determine whether
 to require the covered water system to 
implement the method to reduce the      
consequences of a chemical release from 
an intentional act2 and  7,,ii7 notify  
the ,administrator of the determination2
 or  7ii7 the ,administrator 7if the    
covered water system is not located in a
 ,state that exercises primary          
enforcement responsibility for the      
covered water system7 shall determine   
whether to require the covered water    
system to implement the method to reduce
 the consequences of a chemical release 
from an intentional act4  7,c7 ,factors 
for consideration ,before making a      
determination to require implementation 
of a method to reduce consequences of a 
chemical release from an intentional act
 under clause 7i77,i7 or 7ii7 of        
subparagraph 7,b71 the ,state or the    
,administrator1 as applicable1 shall    
take into consideration factors         
appropriate to the security1 public     
health1 and environmental missions of   

covered water systems1 including an     
examination of whether the applicable   
method to reduce the consequences of a  
chemical release from an intentional    
act--  7i7 would significantly reduce   
the risk of death1 injury1 or serious   
adverse effects to human health         
resulting directly from a chemical      
release from an intentional act at the  
covered water system2  7ii7 would not   
increase the interim storage of a       
substance of concern by the covered     
water system2  7iii7 would not render   
the covered water system unable to      
comply with--  7,i7 other requirements  
of this ,act2 or  7,,ii7 drinking water 
standards established by the ,state or  
political subdivision in which the      
covered water system is located2 and    
7iv7 is feasible 7as defined in section 
#adab7;b77#d77;,d77 to be incorporated  
into the operation of the covered water 
system4  7,d7 ,appeals ,if a            
determination is made to require a      
covered water system to implement a     

method to reduce the consequences of a  
chemical release from an intentional act
 under clause 7i77,i7 or 7ii7 of        
subparagraph 7,b71 the ,state or the    
,administrator1 as applicable1 shall    
provide to the affected covered water   
system an opportunity to appeal the     
determination1 including the opportunity
 for a determination of consequences of 
an intentional act occurring outside the
 covered water system pursuant to       
subparagraph 7,e74  7,e7 ,consequences  
of an intentional act occurring outside 
a covered water system  7i7 ,in general 
,a covered water system may request1 as 
part of an appeal under subparagraph    
7,d71 a determination of whether the    
implementation of a method to reduce the
 consequences of a chemical release from
 an intentional act would result in a   
significant increase in the existing    
potential consequences of an intentional
 act occurring outside the covered water
 system that is directly related to the 
method to reduce consequences of an     

intentional act at the covered water    
system that is the subject of the       
appeal4  7ii7 ,duties upon receipt of   
request ,upon receiving a request under 
clause 7i7--  7,i7 the ,state exercising
 primary enforcement responsibility for 
the covered water system 7if the covered
 water system is located in such a      
,state7 shall notify the ,administrator1
 and the ,administrator shall consult   
with the ,secretary1 as necessary1 to   
quantify whether there will be a        
significant increase in the existing    
potential consequences of an intentional
 act occurring outside the covered water
 system 7that is directly related to the
 method to reduce consequences of an    
intentional act at the covered water    
system that is the subject of the       
appeal7 as compared to the consequences 
of a chemical release at the covered    
water system that would be reduced by   
the implementation of the method2 or    
7,,ii7 the ,administrator 7if the       
covered water system is not located in a

 ,state exercising primary enforcement  
responsibility for the covered water    
system7 shall consult with the          
,secretary1 as necessary1 to quantify   
whether there will be a significant     
increase in the existing potential      
consequences of an intentional act      
occurring outside the covered water     
system 7that is directly related to the 
method to reduce consequences of an     
intentional act at the covered water    
system that is the subject of the       
appeal7 as compared to the consequences 
of a chemical release at the covered    
water system that would be reduced by   
the implementation of the method4  7iii7
 ,significantly increased consequences  
outside covered water system ,if a      
determination is made pursuant to       
subclause 7,i7 or 7,,ii7 of clause 7ii7 
that implementation of a method to      
reduce consequences of a chemical       
release from an intentional act pursuant
 to clause 7i77,i7 or 7ii7 of           
subparagraph 7,b7 would result in a     

significant increase in the existing    
potential consequences of an intentional
 act occurring outside the covered water
 system as compared to the reduced      
consequences of a chemical release at   
the covered water system1 the ,state    
exercising primary enforcement          
responsibility for the covered water    
system 7if the covered water system is  
located in such a ,state71 or the       
,administrator 7if the covered water    
system is not located in a ,state       
exercising primary enforcement          
responsibility for the covered water    
system71 shall take into consideration  
the determination made under this       
subparagraph when making a final        
determination under clause 7i77,i7 or   
7ii7 of subparagraph 7,b74  7#d7        
,incomplete and late assessments  7,a7  
,incomplete assessments  7i7 ,in general
 ,if the ,administrator determines that 
a covered water system failed to meet   
the requirements of this subsection in  
conducting an assessment1 the           

,administrator1 after notifying the     
covered water system and the ,state     
exercising primary enforcement          
responsibility for the covered water    
system1 if any1 shall require the       
covered water system to submit a revised
 assessment in accordance with this     
subsection by not later than #fj days   
after the date of receipt of            
notification4  7ii7 ,review ,the ,state 
exercising primary enforcement          
responsibility for a covered water      
system subject to clause 7i7 7if the    
covered water system is located in such 
a ,state7 or the ,administrator 7if the 
covered water system is not located in  
such a ,state7 shall review a revised   
assessment submitted under clause 7i7 to
 determine whether to require the       
covered water system to implement any   
method to reduce the consequences of an 
intentional act pursuant to paragraph   
7#c74  7,b7 ,late assessments ,if the   
,administrator determines that a covered
 water system failed to complete an     

assessment under this subsection in     
accordance with the deadline established
 for completion by the ,administrator1  
the ,administrator1 after notifying the 
covered water system and the ,state     
exercising primary enforcement          
responsibility for the covered water    
system1 if any1 may take appropriate    
enforcement action under subsection 7q74
  7#e7 ,failures by ,state to act  7,a7 
,determinations  7i7 ,in general ,if the
 ,administrator determines 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 a method to reduce the        
consequences of a chemical release from 
an intentional act1 as required by      
paragraph 7#c77;,b77i77,i71 the         
,administrator shall notify the ,state  
and the applicable covered water system 
of the determination4  7ii7 ,action by  
,administrator ,if a ,state has failed  
to make a determination required by     

paragraph 7#c77;,b77i77,i7 by the date  
that is #cj days after the date of      
receipt of the notice of the            
,administrator under clause 7i71 the    
,administrator shall--  7,i7 notify the 
,state and the applicable covered water 
system of the failure by the ,state to  
make the determination2 and  7,,ii7     
determine whether to require the covered
 water system to implement the          
applicable method to reduce the         
consequences of a chemical release from 
an intentional act1 based on the factors
 described in paragraph 7#c77;,c74  7,b7
 ,enforcement actions  7i7 ,in general  
,if the ,administrator determines that a
 covered water system1 with respect to a
 period in which a ,state has primary   
enforcement responsibility for the      
system1 has failed to implement a method
 to reduce the consequences of a        
chemical release from an intentional act
 that is required by the ,state or the  
,administrator under paragraph          
7#c77;,b71 or by the ,administrator     

under subparagraph 7,a71 the            
,administrator shall notify the ,state  
and the covered water system of the     
determination4  7ii7 ,enforcement       
actions ,if the ,administrator          
determines that a ,state has failed to  
commence an appropriate enforcement     
action by the date that is #cj days     
after the date of notification by the   
,administrator under clause 7i71 the    
,administrator shall--  7,i7 notify the 
,state and the applicable covered water 
system of the determination2 and  7,,ii7
 determine whether to commence an       
appropriate enforcement action against  
the covered water system in accordance  
with subsection 7q7 to require the      
implementation of the relevant method to
 reduce the consequences of a chemical  
release from an intentional act at the  
covered water system4  7,c7             
,consideration of continued primary     
enforcement responsibility ,the         
,administrator may take into            
consideration the failure of a ,state   

with primary enforcement responsibility 
for a covered water system to make a    
determination as described in           
subparagraph 7,a71 or to bring an       
enforcement action as described in      
subparagraph 7,b71 in determining       
whether the ,state may retain primary   
enforcement responsibility for the      
covered water system under this ,act4   
7#f7 ,guidance for covered water systems
  7,a7 ,guidance ,not later than #ahj   
days after the date of enactment of the 
,secure ,water ,facilities ,act1 the    
,administrator shall develop1 and update
 thereafter as appropriate1 nonbinding  
guidance1 including guidance regarding  
,federal procurement1 to assist covered 
water systems in assessing and          
implementing methods to reduce          
consequences of a chemical release from 
an intentional act by reducing or       
eliminating reliance on the use of      
threshold quantities of substances of   
concern at the covered water systems1 as
 established under subsection           

7i77#b77;,b74  7,b7 ,recommendations    
,the ,administrator shall1 as           
appropriate1 provide or recommend tools1
 methodologies1 or computer software to 
assist covered water systems assigned to
 tier #c or tier #d under subsection 7h7
 and required to conduct an assessment  
under paragraph 7#b7 to achieve         
compliance with the requirements of this
 section4  7l7 ,review by ,administrator
  7#a7 ,in general ,each covered water  
system shall submit to the              
,administrator the vulnerability        
assessment and site security plan of the
 covered water system1 in accordance    
with such deadline as the ,administrator
 may establish4  7#b7 ,review ,the      
,administrator shall--  7,a7 review each
 vulnerability assessment and site      
security plan submitted under this      
subsection2 and  7,b7 7i7 if the        
assessment or plan has any significant  
deficiency described in paragraph 7#c71 
require the covered water system to     
correct the deficiency2 or  7ii7 approve

 the assessment or plan4  7#c7          
,significant deficiencies  7,a7 ,in     
general ,subject to subparagraph 7,b71 a
 vulnerability assessment or site       
security plan of a covered water system 
has a significant deficiency under this 
paragraph if the ,administrator1 in     
consultation with the ,state exercising 
primary enforcement responsibility for  
the covered water system1 if any1       
determines that--  7i7 the vulnerability
 assessment does not comply with the    
regulations promulgated pursuant to     
subsection 7b72 or  7ii7 the site       
security plan fails--  7,i7 to meet     
applicable risk-based performance       
standards under subsection 7c72 or      
7,,ii7 to address a vulnerability       
identified in the vulnerability         
assessment under subsection 7d74  7,b7  
,exclusion ,a deficiency in the content 
or implementation of the portion of the 
site security plan of a covered water   
system relating to methods to reduce the
 consequences of a chemical release from

 an intentional act shall not be        
considered to be a significant          
deficiency under this paragraph4  7#d7  
,identification of deficiencies ,if the 
,administrator identifies a significant 
deficiency in the vulnerability         
assessment or site security plan of a   
covered water system under paragraph    
7#c71 the ,administrator shall provide  
to the covered water system a written   
notification of the deficiency that--   
7,a7 includes a clear explanation of the
 deficiency2  7,b7 provides guidance to 
assist the covered water system in      
addressing the deficiency2 and  7,c7    
requires the covered water system--  7i7
 to correct the deficiency2 and  7ii7 by
 such date as the ,administrator        
determines to be appropriate1 to submit 
to the ,administrator a revised         
vulnerability assessment or site        
security plan4  7#e7 ,state1 regional1  
and local governmental entities ,no     
covered water system shall be required  
under ,state1 local1 or tribal law to   

provide a vulnerability assessment or   
site security plan under this section to
 any ,state1 regional1 local1 or tribal 
governmental entity solely due to the   
requirement of paragraph 7#a7 to submit 
such an assessment or plan to the       
,administrator4  7m7 ,maintenance of    
records ,each covered water system shall
 maintain an updated copy of the        
vulnerability assessment1 site security 
plan1 and emergency response plan of the
 covered water system4  7n7 ,audits2    
inspections  7#a7 ,in general           
,notwithstanding section #adde7;b77#b71 
the ,administrator 7or a designee7 shall
 audit and inspect covered water systems
 as necessary to determine compliance   
with this section4  7#b7 ,access ,in    
conducting an audit or inspection of a  
covered water system under this         
subsection1 the ,administrator shall    
have access to the owners1 operators1   
employees1 contractors1 and employee    
representatives1 if any1 of the covered 
water system4  7#c7 ,confidential       

communication of information2 aiding    
inspections  7,a7 ,confidential         
communication of information ,the       
,administrator shall offer              
nonsupervisory employees of a covered   
water system the opportunity to         
confidentially communicate to the       
,administrator information relevant to  
the compliance or noncompliance by the  
covered water system with the           
requirements of this section 7including 
regulations promulgated pursuant to this
 section74  7,b7 ,aiding inspections ,a 
representative of each certified or     
recognized bargaining agent described in
 subsection 7g77#c77;,b71 or a          
nonsupervisory employee if no such      
representative exists1 shall be given an
 opportunity to accompany the           
,administrator during any physical      
inspection of a covered water system    
under this subsection to assist in the  
inspection1 if a representative of the  
covered water system will also be       
accompanying the ,administrator during  

the inspection4  7o7 ,protection of     
information  7#a7 ,definition of        
protected information  7,a7 ,in general 
,in this section1 the term protected    
information means--  7i7 a vulnerability
 assessment or site security plan under 
this section 7including any assessment  
developed under subsection 7k77#b772    
7ii7 any document directly relating to a
 review by the ,administrator of an     
assessment or plan described in clause  
7i71 and1 where applicable1 review by a 
,state of an assessment developed under 
subsection 7k77#b72  7iii7 any document 
directly relating to an inspection or   
audit under subsection 7n72  7iv7 any   
order1 notice1 or letter regarding the  
compliance of a covered water system    
with the requirements of this section2  
7v7 any information1 document1 or record
 required to be provided to1 or created 
by1 the ,administrator under subsection 
7h72  7vi7 any document directly related
 to--  7,i7 a security drill or training
 exercise2  7,,ii7 a security threat or 

breach2 or  7,,iii7 maintenance1        
calibration1 or testing of security     
equipment2 and  7vii7 any other         
information1 document1 or record        
developed exclusively for purposes of   
this section1 the disclosure of which1  
as determined by the ,administrator1 by 
regulation1 would be detrimental to the 
security of #a or more covered water    
systems4  7,b7 ,detriment requirement   
,for purposes of clauses 7ii7 through   
7vi7 of subparagraph 7,a71 the only     
portion of any document1 record1 order1 
notice1 or letter that shall be         
considered to be protected information  
is any portion--  7i7 the disclosure of 
which1 as determined by the             
,administrator1 by regulation1 would be 
detrimental to the security of #a or    
more covered water systems2 and  7ii7   
that is developed by the ,administrator1
 a ,state1 or a covered water system for
 purposes of this section4  7,c7        
,exclusions ,the term protected         
information does not include--  7i7 any 

information1 other than a vulnerability 
assessment or site security plan1 that  
the ,administrator has determined1 by   
regulation--  7,i7 to be appropriate to 
demonstrate compliance by a covered     
water system with the requirements of   
this section2 and  7,,ii7 would not be  
detrimental to the security of any      
covered water system if disclosed2 or   
7ii7 any information that is obtained   
from another source with respect to     
which the ,administrator has not made a 
determination under subparagraph        
7,a77vii7 or 7,b71 regardless of whether
 the information is included in an      
assessment or plan under this section1  
including--  7,i7 information that is   
required to be made publicly available  
under any other provision of law2 and   
7,,ii7 information that a covered water 
system has lawfully disclosed other than
 through a submission to the            
,administrator under this section4  7#b7
 ,prohibition ,protected information--  
7,a7 shall be exempt from disclosure    

under section #eeb of title #e1 ,united 
,states ,code2 and  7,b7 shall not be   
made available pursuant to any ,state1  
local1 or tribal law requiring          
disclosure of information or records4   
7#c7 ,information sharing  7,a7 ,in     
general ,the ,administrator shall       
promulgate such regulations1 and may    
issue such orders1 as the ,administrator
 determines to be necessary to prohibit 
the unauthorized disclosure of protected
 information4  7,b7 ,sharing of         
protected information  7i7 ,in general  
,the regulations under subparagraph 7,a7
 shall establish standards for1 and     
facilitate1 the appropriate sharing of  
protected information among--  7,i7     
,federal1 ,state1 local1 and tribal     
authorities2  7,,ii7 first responders2  
7,,iii7 law enforcement officials2      
7,,iv7 designated supervisory and       
nonsupervisory covered water system     
personnel with security1 operational1 or
 fiduciary responsibility for the       
covered water system2 and  7,v7         

designated employee representatives of  
covered water systems1 if any4  7ii7    
,inclusions ,the standards established  
under clause 7i7 shall include          
procedures for the sharing of all       
portions of a vulnerability assessment  
or site security plan of a covered water
 system relating to the roles and       
responsibilities of employees or        
contractors of the covered water system 
under subsection 7g7 with--  7,i7 a     
representative of each certified or     
recognized bargaining agent representing
 those employees and contractors1 if    
any2 or  7,,ii7 if a representative     
described in subclause 7,i7 does not    
exist1 at least #a supervisory and at   
least #a nonsupervisory employee with   
roles and responsibilities described in 
subsection 7g74  7,c7 ,penalties  7i7   
,in general ,protected information shall
 not be shared1 except in accordance    
with the standards established and      
orders issued pursuant to subparagraph  
7,a74  7ii7 ,knowing violation ,whoever 

discloses protected information in      
knowing violation of the regulations    
promulgated under paragraph 7#a7 shall--
  7,i7 be fined under title #ah1 ,united
 ,states ,code1 imprisoned for not more 
than #a year1 or both2 and  7,,ii7 in   
the case of a ,federal officeholder or  
employee1 removed from ,federal office  
or employment4  7#d7 ,treatment of      
information in adjudicative proceedings 
,in any judicial or administrative      
proceeding1 protected information shall 
be treated in a manner consistent with  
the treatment of sensitive security     
information under section #ebe of the   
,department of ,homeland ,security      
,appropriations ,act1 #bjjg 7,public    
,law #aji-bie2 #abj ,stat4 #acha74  7#e7
 ,other obligations unaffected ,except  
as provided in subsection 7l77#e71      
nothing in this section modifies or     
otherwise affects an obligation of a    
covered water system--  7,a7 to submit  
or make available information to        
employees of the covered water system1  

employee organizations1 health          
professionals1 emergency response       
organizations1 or a ,federal1 ,state1   
tribal1 or local government agency under
 any other provision of law2 or  7,b7 to
 comply with any other provision of law4
  7#f7 ,congressional oversight ,nothing
 in this section authorizes the         
withholding of information from         
,congress4  7#g7 ,disclosure of         
independently furnished information     
,nothing in this section modifies or    
otherwise affects any authority or      
obligation of a ,federal1 ,state1 local1
 or tribal agency to protect or disclose
 any record or information that the     
,federal1 ,state1 local1 or tribal      
government agency obtains from a covered
 water system or the ,administrator     
under any other provision of law4  7p7  
,preemption ,nothing in this section    
precludes or denies the right of any    
,state or political subdivision of a    
,state to adopt or enforce any          
regulation1 requirement1 or standard of 

performance with respect to a covered   
water system that is more stringent than
 a regulation1 requirement1 or standard 
of performance established under this   
section4  7q7 ,violations  7#a7 ,in     
general ,a covered water system that    
violates any requirement of this section
 7including by failing to implement all 
or part of an applicable site security  
plan by such date as the ,administrator 
may require7 shall be liable for a civil
 penalty in an amount equal to not more 
than #be1jjj for each day of the        
violation4  7#b7 ,procedure ,on a       
determination by the ,administrator that
 a covered water system is subject to a 
civil penalty under paragraph 7#a71 the 
,administrator1 after consultation with 
the ,state for a covered water system   
located in a ,state exercising primary  
responsibility for the covered water    
system1 and after taking into           
consideration the severity of the       
violation or deficiency and the record  
of the covered water system in carrying 

out the requirements of this section1   
may--  7,a7 after providing notice and  
an opportunity for the covered water    
system to be heard1 issue an order--    
7i7 assessing a penalty under paragraph 
7#a7 for any past or current violation2 
and  7ii7 requiring compliance          
immediately or within a specified time  
period2 or  7,b7 commence a civil action
 in the ,united ,states district court  
in the district in which the violation  
occurred for appropriate relief1        
including temporary or permanent        
injunction4  7#c7 ,methods to reduce    
consequences of chemical releases from  
intentional acts ,except as provided in 
paragraphs 7#d7 and 7#e7 of subsection  
7k71 if a covered water system is       
located in a ,state exercising primary  
enforcement responsibility for the      
covered water system1 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    

site security plan of the covered water 
system relating to methods to reduce the
 consequences of a chemical release from
 an intentional act 7as defined in      
subsection 7k77#a774  7r7 ,reports to   
,congress  7#a7 ,annual report ,not     
later than #c years after the effective 
date of the regulations promulgated     
pursuant to subsection 7b71 and annually
 thereafter for each of the following #h
 calendar years1 the ,administrator     
shall submit to the ,committee on       
,environment and ,public ,works of the  
,senate and the ,committee on ,energy   
and ,commerce of the ,house of          
,representatives a report describing the
 progress made during the reporting     
period in achieving compliance with this
 section1 including1 at a minimum--     
7,a7 a generalized summary of measures  
implemented by covered water systems to 
meet each risk-based performance        
standard established under subsection   
7c72 and  7,b7 a summary of the means by
 which--  7i7 covered water systems1 as 

categorized by risk-based tier          
assignment under subsection 7h71 are    
achieving compliance with the           
requirements of this section2 and  7ii7 
the ,administrator is implementing and  
enforcing those requirements1 including 
a description of--  7,i7 the number of  
public water systems that provided      
information to the ,administrator       
pursuant to subsection 7h77#b77;,b72    
7,,ii7 the number of covered water      
systems assigned to each risk-based tier
 under subsection 7h72  7,,iii7 the     
number of vulnerability assessments and 
site security plans--  7aa7 submitted by
 covered water systems2 and  7bb7       
approved and disapproved by the         
,administrator2  7,,iv7 the number of   
covered water systems without approved  
vulnerability assessments or site       
security plans in place2  7,v7 7aa7 the 
number of covered water systems that    
have been assigned to a different       
risk-based tier or are no longer        
regulated by the ,administrator under   

this section due to implementation of a 
method to reduce the consequences of a  
chemical release from an intentional    
act2 and  7bb7 a description of the     
types of each such method to reduce the 
consequences of a chemical release from 
an intentional act2  7,,vi7 the number  
of audits and inspections conducted by  
the ,administrator 7or a designee7 under
 subsection 7n72  7,,vii7 the number of 
orders for compliance issued by the     
,administrator under subsection 7q72    
7,,viii7 the administrative penalties   
assessed by the ,administrator for      
noncompliance with the requirements of  
this section2  7,,ix7 the civil         
penalties assessed by courts for        
noncompliance with the requirements of  
this section2 and  7,x7 any other       
regulatory data the ,administrator      
determines to be appropriate to         
describe--  7aa7 compliance by covered  
water systems with the requirements of  
this section2 and  7bb7 the             
implementation by the ,administrator of 

those requirements4  7#b7 ,public       
availability ,each report submitted     
under this section shall be made        
publicly available4  7s7 ,grant programs
  7#a7 ,implementation grants to ,states
 ,the ,administrator may provide grants 
to1 or enter into cooperative agreements
 with1 ,states1 based on an allocation  
formula established by the              
,administrator1 to assist the ,states in
 implementing this section4  7#b7       
,research1 training1 and technical      
assistance grants ,the ,administrator   
may provide grants to1 or enter into    
cooperative agreements with1 nonprofit  
organizations to provide research1      
training1 and technical assistance to   
covered water systems to assist the     
covered water systems in achieving      
compliance with this section4  7#c7     
,preparation grants  7,a7 ,grants ,the  
,administrator may provide grants to1 or
 enter into cooperative agreements with1
 covered water systems to assist the    
covered water systems in--  7i7         

preparing and updating vulnerability    
assessments1 site security plans1 and   
emergency response plans2  7ii7         
assessing and implementing methods to   
reduce the consequences of a release of 
a substance of concern from an          
intentional act2 and  7iii7 implementing
 any other security reviews or          
enhancements that are necessary to      
achieve compliance with this section4   
7,b7 ,priority  7i7 ,need ,in providing 
grants and entering into cooperative    
agreements under subparagraph 7,a77i71  
the ,administrator shall give priority  
to covered water systems that1 as       
determined by the ,administrator1 have  
the greatest need4  7ii7 ,security risk 
,in providing grants and entering into  
cooperative agreements under            
subparagraph 7,a77ii71 the              
,administrator shall give priority to   
covered water systems that1 as          
determined by the ,administrator1       
present the greatest security risk4     
7#d7 ,worker training grants  7,a7      

,definition of eligible entity ,in this 
paragraph1 the term eligible entity     
means a nonprofit organization with     
demonstrated experience in implementing 
and operating successful worker or first
 responder health and safety or security
 training programs4  7,b7 ,grants ,the  
,administrator shall establish a program
 under which the ,administrator shall   
provide grants to eligible entities to  
provide for training and education of-- 
7i7 employees and contractors of covered
 water systems with roles or            
responsibilities described in subsection
 7g72 and  7ii7 first responders and    
emergency response providers who would  
respond to an intentional act at a      
covered water system4  7,c7             
,administration ,the ,administrator     
shall offer to enter into an agreement  
with the ,national ,institute of        
,environmental ,health ,sciences to     
administer the program under this       
paragraph4  7,d7 ,use of funds ,an      
eligible entity shall use a grant       

received under this paragraph for--  7i7
 training and education of employees and
 contractors with roles or              
responsibilities described in subsection
 7g71 including the annual mandatory    
training specified in subsection        
7g77#b71 with priority given to covered 
water systems assigned to tier #a or    
tier #b under subsection 7h72  7ii7     
training of first responders in         
protecting nearby residents and property
 or the environment from the effects of 
a release of a substance of concern at a
 covered water system1 with priority    
given to covered water systems assigned 
to tier #a or tier #b under subsection  
7h72 and  7iii7 appropriate training for
 first responders and emergency response
 providers who would respond to an      
intentional act at a covered water      
system4  7t7 ,timely provision of       
threat-,related information ,the        
,secretary shall1 upon receipt of       
information concerning a specific threat
 that is relevant to a certain covered  

water system1 provide the information in
 a timely manner1 to the maximum extent 
practicable under applicable authority  
and in the interests of national        
security1 to--  7#a7 the covered water  
system2  7#b7 the ,administrator2 and   
7#c7 appropriate ,federal1 ,state1 and  
local law enforcement officials4  7u7   
,authorization of appropriations  7#a7  
,in general ,there is authorized to be  
appropriated to carry out this section  
#cdj1jjj1jjj for each of fiscal years   
#bjac through #bjag1 of which--  7,a7   
not more than #cj1jjj1jjj may be used   
during each fiscal year for             
administrative costs incurred by the    
,administrator or ,states1 as           
applicable1 in carrying out this        
section2 and  7,b7 not more than        
#bbe1jjj1jjj may be used during each    
fiscal year to implement methods to     
reduce the consequences of chemical     
releases from intentional acts at       
covered water systems1 with priority    
given to covered water systems assigned 

to tier #a or tier #b under subsection  
7h74  7#b7 ,security enhancements       
,amounts provided under this subsection 
for basic security enhancements shall   
not be used for--  7,a7 personnel costs2
 or  7,b7 monitoring1 operation1 or     
maintenance of facilities1 equipment1 or
 systems4  7v7 ,relation to chemical    
facility security requirements ,no      
provision of any appropriations ,act    
relating to chemical facility security1 
and no law or regulation establishing a 
chemical facility antiterrorism         
standard1 shall apply to a covered water
 system under this section4  4  7#b7    
,effective date ,the amendment made by  
paragraph 7#a7 takes effect on the date 
of promulgation by the ,administrator of
 the ,environmental ,protection ,agency 
of final regulations pursuant to        
subsection 7b77#a7 of section #adcc of  
the ,safe ,drinking ,water ,act 7#db    
,u4,s4,c4 #cjj;i-#b7 7as amended by     
paragraph 7#a774  7b7 ,effect of section
  7#a7 ,in general ,nothing in this     

section or the amendment made by this   
section affects the applicability of    
section #adcc of the ,safe ,drinking    
,water ,act 7#db ,u4,s4,c4 #cjj;i-#b7   
7as in effect before the effective date 
of the amendment made by subsection     
7a77#a77 to any violation of that       
section that occurs before that         
effective date4  7#b7 ,violations ,the  
requirements of section #adcc of the    
,safe ,drinking ,water ,act 7#db        
,u4,s4,c4 #cjj;i-#b7 7as in effect      
before the effective date of the        
amendment made by subsection 7a77#a77   
shall remain in effect with respect to  
violations described in paragraph 7#a7  
until the later of--  7,a7 the date on  
which the violation is corrected2 and   
7,b7 the date on which enforcement      
proceedings relating to the violation   
are completed4  #ajc4 ,study to assess  
threat of contamination of drinking     
water distribution systems ,not later   
than #ahj days after the date of        
enactment of this ,act1 the             

,administrator of the ,environmental    
,protection ,agency1 in consultation    
with the ,secretary of ,homeland        
,security1 shall--  7#a7 conduct a study
 to assess--  7,a7 the threat to        
drinking water posed by intentional acts
 of contamination2 and  7,b7 the        
vulnerability of public water systems1  
including fire hydrants1 to such a      
threat2 and  7#b7 submit to the         
,committee on ,environment and ,public  
,works of the ,senate and the ,committee
 on ,energy and ,commerce of the ,house 
of ,representatives a report describing 
the results of the study4  ,,ii         
,wastewater treatment works security    
#bja4 ,short title ,this title may be   
cited as ,secure ,wastewater ,treatment 
,facilities ,act4  #bjb4 ,wastewater    
treatment works security  7a7 ,amendment
  7#a7 ,in general ,title ,,iii of the  
,federal ,water ,pollution ,control ,act
 7#cc ,u4,s4,c4 #acaa et seq47 is       
amended by adding at the end the        
following3  #cba4 ,wastewater treatment 

works security  7a7 ,definitions ,in    
this section3  7#a7 ,covered treatment  
works ,the term covered treatment works 
means a treatment works that--  7,a7 has
 a treatment capacity of not less than  
#b1ejj1jjj gallons per day2 or  7,b7 as 
determined by the ,administrator1       
presents a security risk that requires  
regulation under this section4  7#b7    
,secretary ,the term ,secretary means   
the ,secretary of ,homeland ,security4  
7b7 ,regulations  7#a7 ,in general ,not 
later than #b years after the date of   
enactment of the ,secure ,water         
,facilities ,act1 the ,administrator    
shall promulgate final regulations to   
establish--  7,a7 risk-based performance
 standards for the security of covered  
treatment works in accordance with      
subsection 7c72 and  7,b7 requirements  
and deadlines for each covered treatment
 works--  7i7 7,i7 to conduct a         
vulnerability assessment in accordance  
with subsection 7d7 and submit the      
vulnerability assessment to the         

,administrator2 or  7,,ii7 if a         
vulnerability assessment has already    
been conducted relating to the covered  
treatment works--  7aa7 to revise the   
assessment in accordance with subsection
 7d72 and  7bb7 to submit the revised   
assessment to the ,administrator2  7ii7 
to update and resubmit a vulnerability  
assessment relating to the covered      
treatment works--  7,i7 not less        
frequently than once every #e years2 and
  7,,ii7 promptly after any change at   
the covered treatment works that could  
cause the reassignment of the covered   
treatment works to a different          
risk-based tier under subsection 7h72   
7iii7 to develop1 implement1 revise 7as 
appropriate71 and submit to the         
,administrator a site security plan in  
accordance with subsection 7e7--  7,i7  
not less frequently than once every #e  
years2 and  7,,ii7 promptly after any   
revision to the vulnerability assessment
 of the covered treatment works under   
clause 7ii72  7iv7 7,i7 7aa7 to develop 

an emergency response plan in accordance
 with subsection 7f72 or  7bb7 if an    
emergency response plan has already been
 developed for the covered treatment    
works1 to revise the plan in accordance 
with subsection 7f72 and  7,,ii7 to     
revise the plan not less frequently than
 once every #e years2 and  7v7 to       
provide annual training to employees and
 contractors of covered treatment works 
regarding the implementation of site    
security plans and emergency response   
plans in accordance with subsection 7g74
  7#b7 ,consultation ,in promulgating   
regulations pursuant to paragraph 7#a71 
the ,administrator shall consult with-- 
7,a7 ,states with approved programs     
under section #djb2 and  7,b7 the       
,secretary and other appropriate        
individuals and entities regarding--    
7i7 a process for the development and   
evaluation of vulnerability assessments1
 site security plans1 and emergency     
response plans2  7ii7 the development of
 risk-based performance standards under 

subsection 7c72  7iii7 the establishment
 of risk-based tiers and a process for  
the assignment of covered treatment     
works to the risk-based tiers under     
subsection 7h72  7iv7 the designation of
 substances of concern under subsection 
7i72  7v7 the provision of              
threat-related and other baseline       
information to covered treatment works  
under subsection 7j72  7vi7 the         
treatment of protected information in   
accordance with subsection 7o72 and     
7vii7 such other matters as the         
,administrator determines to be         
necessary4  7c7 ,risk-,based performance
 standards  7#a7 ,in general ,the       
risk-based performance standards for    
site security plans under this          
subsection shall be--  7,a7 delineated  
by risk-based tier under subsection 7h72
 and  7,b7 increasingly stringent1 based
 on the level of risk associated with   
each risk-based tier4  7#b7 ,factor for 
consideration ,in developing standards  
under this subsection1 the              

,administrator shall take into          
consideration section #bg4bcj of title  
#f1 ,code of ,federal ,regulations 7or  
successor regulations74  7d7            
,vulnerability assessments  7#a7 ,in    
general ,a vulnerability assessment     
under this subsection shall include an  
evaluation by each covered treatment    
works of the vulnerability of the       
covered treatment works to a range of   
intentional acts1 including any         
intentional act that results in a       
release of a substance of concern that  
is known1 or may be reasonably          
anticipated1 to cause death1 injury1 or 
serious adverse effects to human health 
or the environment4  7#b7 ,minimum      
requirements ,at a minimum1 a           
vulnerability assessment under this     
subsection shall include a review of1   
with respect to the relevant covered    
treatment works--  7,a7 intercepting    
sewers1 outfall sewers1 sewage          
collection systems1 and other           
constructed conveyances under the       

control of the treatment works2  7,b7   
physical barriers2  7,c7 facilities1    
systems1 and devices used in the        
storage1 treatment1 recycling1 or       
reclamation of municipal sewage or      
industrial wastes2  7,d7 electronic1    
computer1 and other automated systems   
that are used by the covered treatment  
works2  7,e7 the use1 storage1 or       
handling of various chemicals1 including
 substances of concern2  7,f7 the       
operation and maintenance of the covered
 treatment works2 and  7,g7 the         
resiliency and ability of the covered   
treatment works to ensure continuity of 
operations in the event of a disruption 
caused by an intentional act4  7e7 ,site
 security plans ,in developing and      
implementing a site security plan under 
this section1 a covered treatment works 
may select layered security and         
preparedness measures that1 in          
combination1 appropriately--  7#a7      
address the security risks identified in
 the vulnerability assessment of the    

covered treatment works2 and  7#b7      
comply with the applicable risk-based   
performance standards required under    
this section4  7f7 ,emergency response  
plans  7#a7 ,in general ,each covered   
treatment works shall prepare or revise1
 as appropriate1 an emergency response  
plan that incorporates the results of   
the most recent vulnerability assessment
 and site security plan of the covered  
treatment works4  7#b7 ,contents ,an    
emergency response plan under this      
subsection shall include--  7,a7 a      
description of the plans and procedures1
 and an identification of the equipment1
 that can be implemented or used in the 
event of an intentional act at the      
covered treatment works2 and  7,b7 a    
description of the actions and          
procedures1 and an identification of the
 equipment1 that can obviate or         
significantly lessen the impact on      
public health1 and the ability of the   
treatment works to safely and reliably  
operate on the occurrence1 of an        

intentional act at the covered treatment
 works4  7#c7 ,coordination  7,a7 ,in   
general ,as part of the emergency       
response plan of a covered treatment    
works1 each covered treatment works     
shall provide to the individuals and    
entities described in subparagraph 7,b7 
appropriate information to ensure an    
effective collective response to an     
intentional act at the covered treatment
 works4  7,b7 ,description of           
individuals and entities ,an individual 
or entity referred to in subparagraph   
7,a7 is--  7i7 a local emergency        
planning committee2  7ii7 a ,state      
emergency response commission2  7iii7 a 
local law enforcement official2 or  7iv7
 a local emergency response provider4   
7#d7 ,certification  7,a7 ,in general   
,not later than #ahj days after the date
 on which a vulnerability assessment is 
completed or revised1 as appropriate1   
for a covered treatment works under     
subsection 7d71 the covered treatment   
works shall submit to the ,administrator

 a certification that the covered       
treatment works has completed an        
emergency response plan in accordance   
with this subsection4  7,b7 ,updates ,as
 soon as practicable after any update of
 an emergency response plan of a covered
 treatment works under this section1 a  
covered treatment works shall submit to 
the ,administrator an updated           
certification under subparagraph 7,a74  
7g7 ,role of employees  7#a7            
,description of role ,each site security
 plan and emergency response plan       
required under this section shall       
describe the appropriate roles and      
responsibilities that employees and     
contractors of the covered treatment    
works are expected to perform to deter  
or respond to an intentional act        
described in subsection 7h77#b77;,c74   
7#b7 ,training for employees ,not less  
frequently than once each year1 each    
covered treatment works shall provide to
 employees and contractors of the       
covered treatment works with roles or   

responsibilities described in paragraph 
7#a7 not less than #h hours of training 
regarding the conduct of those roles and
 responsibilities4  7#c7 ,employee      
participation ,in developing1 revising1 
or updating a vulnerability assessment1 
site security plan1 or emergency        
response plan required under this       
section1 a covered treatment works shall
 include--  7,a7 at least #a supervisory
 and at least #a nonsupervisory employee
 of the covered treatment works2 and    
7,b7 at least #a representative of each 
certified or recognized bargaining agent
 representing employees or contractors  
of the covered treatment works with     
roles or responsibilities described in  
paragraph 7#a71 if any1 in a collective 
bargaining relationship with the owner  
or operator of the covered treatment    
works or a contractor to the covered    
treatment works4   7h7 ,risk-,based     
tiers  7#a7 ,establishment ,the         
,administrator shall establish1 by      
regulation1 #d risk-based tiers for the 

categorization of covered treatment     
works under this section1 with tier #a  
representing the highest degree of      
security risk4  7#b7 ,assignment  7,a7  
,in general ,the ,administrator shall   
assign 7and reassign1 as appropriate7   
each covered treatment works to #a of   
the risk-based tiers established under  
paragraph 7#a74  7,b7 ,submission of    
information ,the ,administrator may     
require a covered treatment works to    
submit to the ,administrator such       
information as the ,administrator       
determines to be necessary to determine 
the appropriate risk-based tier for the 
covered treatment works4  7,c7 ,factors 
for consideration ,in assigning a       
covered treatment works to a risk-based 
tier under this paragraph1 the          
,administrator shall take into          
consideration--  7i7 the potential      
consequences 7such as death1 injury1 or 
serious adverse effects to human health1
 the environment1 critical              
infrastructure1 national security1 and  

the national economy7 of an intentional 
act at the covered treatment works--    
7,i7 to cause a release1 including a    
worst-case release1 of a substance of   
concern2  7,,ii7 to disrupt the safe and
 reliable operation of the covered      
treatment works2 and  7,,iii7 to steal1 
misappropriate1 or misuse a substance of
 concern at the covered treatment works2
  7ii7 the design flow of the treatment 
works2 and  7iii7 the proximity of the  
treatment works to large population     
centers4  7#c7 ,explanation for         
risk-based tier assignment ,the         
,administrator shall provide to each    
covered treatment works assigned to a   
risk-based tier under this subsection a 
written explanation of--  7,a7 the      
reasons for the assignment to that      
risk-based tier2 and  7,b7 the          
determination by the ,administrator     
regarding whether the covered treatment 
works is required to submit an          
assessment under subsection 7k77#b74    
7i7 ,substances of concern ,for purposes

 of this section1 the ,administrator1 in
 consultation with the ,secretary--     
7#a7 may designate any chemical         
substance as a substance of concern1    
taking into consideration appendix ,a of
 part #bg of title #f1 ,code of ,federal
 ,regulations 7or successor             
regulations72 and  7#b7 on the          
designation of a chemical substance as a
 substance of concern under paragraph   
7#a71 shall establish1 by regulation1 a 
threshold quantity for the release or   
theft of the chemical substance1 taking 
into consideration--  7,a7 the toxicity1
 reactivity1 volatility1 dispersability1
 combustibility1 and flammability of the
 chemical substance2 and  7,b7 the      
quantity of the chemical substance that1
 as a result of a release1 is known1 or 
may be reasonably anticipated1 to cause 
death1 injury1 or serious adverse       
effects to human health or the          
environment4  7j7 ,baseline information 
,to facilitate compliance with the      
requirements of this section1 as soon as

 practicable after the effective date of
 the regulations promulgated pursuant to
 subsection 7b71 and thereafter as      
appropriate1 the ,administrator1 after  
consultation with appropriate ,federal  
departments and agencies and ,state1    
local1 and tribal governments1 shall    
provide baseline information to covered 
treatment works regarding the types of  
intentional acts that constitute        
probable threats with respect to--  7#a7
 the substantial disruption of the      
ability of the covered treatment works  
to operate safely and reliably2  7#b7   
the release of a substance of concern at
 the covered treatment works2 or  7#c7  
the theft1 misuse1 or misappropriation  
of a substance of concern at the covered
 treatment works4  7k7 ,methods ,to     
reduce consequences of chemical releases
 from intentional acts  7#a7 ,definition
 of method to reduce the consequences of
 a chemical release from an intentional 
act  7,a7 ,in general ,in this          
subsection1 the term method to reduce   

the consequences of a chemical release  
from an intentional act means a measure 
at a covered treatment works that       
reduces or eliminates the potential     
consequences of a release of a substance
 of concern from an intentional act4    
7,b7 ,inclusions ,the term method to    
reduce the consequences of a chemical   
release from an intentional act         
includes--  7i7 the elimination or      
reduction in quantity of a substance of 
concern possessed or planned to be      
possessed by a covered treatment works  
through the use of alternate substances1
 formulations1 or processes2  7ii7 the  
modification of the pressure1           
temperature1 or concentration of a      
substance of concern2 and  7iii7 the    
reduction or elimination of onsite      
handling of a substance of concern      
through improvement of inventory control
 or chemical use efficiency4  7#b7      
,assessment  7,a7 ,in general ,each     
covered treatment works that possesses  
or plans to possess a substance of      

concern in excess of the release        
threshold quantity established by the   
,administrator under subsection         
7i77#b77;,b7 shall--  7i7 include in the
 site security plan of the covered      
treatment works an assessment of methods
 to reduce the consequences of a        
chemical release from an intentional act
 at the covered treatment works2 and    
7ii7 submit the assessment under clause 
7i7 to--  7,i7 the ,administrator2 and  
7,,ii7 the ,state in which the covered  
treatment works is located1 if the      
,state has an approved program under    
section #djb4  7,b7 ,factors for        
consideration ,in preparing an          
assessment under this paragraph1 a      
covered treatment works shall take into 
consideration factors appropriate to    
ensuring public health and the security 
and environmental mission of the covered
 treatment works4  7,c7 ,inclusions     
,each assessment under this paragraph   
shall include a description of--  7i7   
the methods to reduce the consequences  

of a chemical release from an           
intentional act at the covered treatment
 works2  7ii7 the means by which each   
method to reduce the consequences of a  
chemical release from an intentional act
 at the covered treatment works could1  
if applied--  7,i7 reduce the potential 
extent of death1 injury1 or serious     
adverse effects to human health         
resulting from the chemical release2 and
  7,,ii7 affect the presence of         
contaminants in treated water1 human    
health1 or the environment2  7iii7      
whether each described method to reduce 
the consequences of a chemical release  
from an intentional act at the covered  
treatment works is feasible 7as         
determined by the ,administrator72  7iv7
 the costs 7including capital and       
operational costs7 and avoided costs    
7including savings and liabilities7     
associated with applying each method to 
reduce the consequences of a chemical   
release from an intentional act at the  
covered treatment works2  7v7 any other 

relevant information relied on by the   
covered treatment works in conducting   
the assessment2  7vi7 a statement of    
whether the covered treatment works has 
implemented or plans to implement #a or 
more methods to reduce the consequences 
of a chemical release from an           
intentional act and a description of any
 such method2 and  7vii7 in the case of 
a covered treatment works described in  
paragraph 7#c77;,a71 an explanation of  
the reasons for any decision not to     
implement a method to reduce the        
consequences of a chemical release from 
an intentional act at the covered       
treatment works4  7#c7 ,required methods
  7,a7 ,applicability ,this paragraph   
applies to a covered treatment works    
that--  7i7 is assigned to #a of the #b 
highest risk-based tiers under          
subsection 7h72 and  7ii7 possesses or  
plans to possess a substance of concern 
in excess of the release threshold      
quantity established by the             
,administrator under subsection         

7i77#b77;,b74  7,b7 ,highest-risk       
systems ,if1 on the basis of an         
assessment under paragraph 7#b71 a      
covered treatment works described in    
subparagraph 7,a7 decides not to        
implement a method to reduce the        
consequences of a chemical release from 
an intentional act at the covered       
treatment works--  7i7 the ,state with  
an approved program under section #djb  
7if the covered treatment works is      
located in such a ,state7 shall1 in     
accordance with a timeline established  
by the ,administrator--  7,i7 determine 
whether to require the covered treatment
 works to implement the method to reduce
 the consequences of a chemical release 
from an intentional act2 and  7,,ii7    
notify the ,administrator of the        
determination2 or  7ii7 the             
,administrator 7if the covered treatment
 works is not located in a ,state with  
an approved program under section #djb7 
shall determine whether to require the  
covered treatment works to implement the

 method to reduce the consequences of a 
chemical release from an intentional    
act4  7,c7 ,factors for consideration   
,in making a determination under clause 
7i77,i7 or 7ii7 of subparagraph 7,b71   
the ,state or the ,administrator1 as    
applicable1 shall take into             
consideration factors appropriate to the
 security1 public health1 and           
environmental missions of covered       
treatment works1 including an           
examination of whether the applicable   
method to reduce the consequences of a  
chemical release from an intentional    
act--  7i7 would significantly reduce   
the risk of death1 injury1 or serious   
adverse effects to human health         
resulting directly from a chemical      
release from an intentional act at the  
covered treatment works2  7ii7 would not
 increase the interim storage of a      
substance of concern by the covered     
treatment works2  7iii7 would not render
 the covered treatment works unable to  
comply with--  7,i7 other requirements  

of this ,act2 or  7,,ii7 applicable     
standards established by the ,state or  
political subdivision in which the      
covered treatment works is located2 and 
7iv7 is feasible 7as determined by the  
,administrator71 to be incorporated into
 the operation of the covered treatment 
works4  7,d7 ,appeals ,if a             
determination is made to require a      
covered treatment works to implement a  
method to reduce the consequences of a  
chemical release from an intentional act
 under clause 7i77,i7 or 7ii7 of        
subparagraph 7,b71 the ,state or the    
,administrator1 as applicable1 shall    
provide to the affected covered         
treatment works an opportunity to appeal
 the determination1 including the       
opportunity for a determination of      
consequences of an intentional act      
occurring outside the covered treatment 
works pursuant to subparagraph 7,e74    
7,e7 ,consequences of intentional act   
occurring outside covered treatment     
works  7i7 ,in general ,a covered       

treatment works may request1 as part of 
an appeal under subparagraph 7,d71 a    
determination of whether the            
implementation of a method to reduce the
 consequences of a chemical release from
 an intentional act would result in a   
significant increase in the existing    
potential consequences of an intentional
 act occurring outside the covered      
treatment works that is directly related
 to the method to reduce consequences of
 an intentional act at the covered      
treatment works that is the subject of  
the appeal4  7ii7 ,duties upon receipt  
of request ,upon receiving a request    
under clause 7i7--  7,i7 the ,state with
 an approved program under section #djb 
7if the covered treatment works is      
located in such a ,state71 shall notify 
the ,administrator1 and the             
,administrator shall consult with the   
,secretary1 as necessary1 to quantify   
whether there would be a significant    
increase in the existing potential      
consequences of an intentional act      

occurring outside the covered treatment 
works 7that is directly related to the  
method to reduce consequences of an     
intentional act at the covered treatment
 works that is the subject of the       
appeal7 as compared to the consequences 
of a chemical release at the covered    
treatment works that would be reduced by
 the implementation of the method2 or   
7,,ii7 the ,administrator 7if the       
covered treatment works is not located  
in a ,state with an approved program    
under section #djb71 shall consult with 
the ,secretary1 as necessary1 to        
quantify whether there would be a       
significant increase in the existing    
potential consequences of an intentional
 act occurring outside the covered      
treatment works 7that is directly       
related to the method to reduce         
consequences of an intentional act at   
the covered treatment works that is the 
subject of the appeal7 as compared to   
the consequences of a chemical release  
at the covered treatment works that     

would be reduced by the implementation  
of the method4  7iii7 ,significantly    
increased consequences outside covered  
treatment works ,if a determination is  
made pursuant to subclause 7,i7 or      
7,,ii7 of clause 7ii7 that              
implementation of a method to reduce    
consequences of a chemical release from 
an intentional act pursuant to clause   
7i77,i7 or 7ii7 of subparagraph 7,b7    
would result in a significant increase  
in the existing potential consequences  
of an intentional act occurring outside 
the covered treatment works as compared 
to the reduced consequences of a        
chemical release at the covered         
treatment works1 the ,state with an     
approved program under section #djb 7if 
the covered treatment works is located  
in such a ,state71 or the ,administrator
 7if the covered treatment works is not 
located in a ,state71 shall take that   
determination into consideration in     
making a final determination under      
clause 7i77,i7 or 7ii7 of subparagraph  

7,b74  7#d7 ,incomplete and late        
assessments  7,a7 ,incomplete           
assessments  7i7 ,in general ,if the    
,administrator determines that a covered
 treatment works failed to meet the     
requirements of this subsection in      
conducting an assessment1 the           
,administrator1 after notifying the     
covered treatment works and the ,state  
with an approved program under section  
#djb1 if applicable1 shall require the  
covered treatment works to submit a     
revised assessment in accordance with   
this subsection by not later than #fj   
days after the date of receipt of       
notification4  7ii7 ,review ,the ,state 
in which a covered treatment works      
subject to clause 7i7 is located 7if the
 covered treatment works is located in a
 ,state with an approved program under  
section #djb7 or the ,administrator 7if 
the covered treatment works is not      
located in such a ,state7 shall review a
 revised assessment submitted under     
clause 7i7 to determine whether to      

require the covered treatment works to  
implement any method to reduce the      
consequences of an intentional act      
pursuant to paragraph 7#c74  7,b7 ,late 
assessments ,if the ,administrator      
determines that a covered treatment     
works failed to complete an assessment  
under this subsection in accordance with
 the deadline established for completion
 by the ,administrator1 the             
,administrator1 after notifying the     
covered treatment works and the ,state  
with an approved program under section  
#djb1 if applicable1 may take           
appropriate enforcement action under    
subsection 7q74  7#e7 ,failure by ,state
 to act  7,a7 ,determinations  7i7 ,in  
general ,if the ,administrator          
determines that a ,state with an        
approved program under section #djb has 
failed to determine whether to require a
 covered treatment works to implement a 
method to reduce the consequences of a  
chemical release from an intentional    
act1 as required by paragraph           

7#c77;,b77i77,i71 the ,administrator    
shall notify the ,state and the         
applicable covered treatment works of   
the determination4  7ii7 ,action by     
,administrator ,if a ,state has failed  
to make a determination required by     
paragraph 7#c77;,b77i77,i71 not later   
than #cj days after the date of receipt 
of the notice of the ,administrator     
under clause 7i7 the ,administrator     
shall--  7,i7 notify the ,state and the 
applicable covered treatment works of   
the failure by the ,state to make the   
determination2 and  7,,ii7 determine    
whether to require the covered treatment
 works to implement the applicable      
method to reduce the consequences of a  
chemical release from an intentional    
act1 based on the factors described in  
paragraph 7#c77;,c74  7,b7 ,enforcement 
actions  7i7 ,in general ,if the        
,administrator determines that a covered
 treatment works has failed while       
located in a ,state with an approved    
program under section #djb to implement 

a method to reduce the consequences of a
 chemical release from an intentional   
act that is required by the ,state or   
the ,administrator under paragraph      
7#c77;,b71 or by the ,administrator     
under subparagraph 7,a71 the            
,administrator shall notify the ,state  
and the covered treatment works of the  
determination4  7ii7 ,enforcement action
 ,if the ,administrator determines that 
a ,state has failed to commence an      
appropriate enforcement action by the   
date that is #cj days after the date of 
notification by the ,administrator under
 clause 7i71 the ,administrator shall-- 
7,i7 notify the ,state and the          
applicable covered treatment works of   
the determination2 and  7,,ii7 determine
 whether to commence an appropriate     
enforcement action against the covered  
treatment works in accordance with      
subsection 7q7 to require the           
implementation of the relevant method to
 reduce the consequences of a chemical  
release from an intentional act at the  

covered treatment works4  7,c7          
,consideration of continued program     
approval ,the ,administrator may take   
into consideration the failure of a     
,state with an approved program under   
section #djb to make a determination as 
described in subparagraph 7,a71 or to   
bring an enforcement action as described
 in subparagraph 7,b71 in determining   
whether the ,state may retain the       
approved program under section #djb4    
7#f7 ,guidance for covered treatment    
works  7,a7 ,guidance ,not later than   
#ahj days after the date of enactment of
 the ,secure ,water ,facilities ,act1   
the ,administrator shall develop1 and   
update thereafter as appropriate1       
nonbinding guidance1 including guidance 
regarding ,federal procurement1 to      
assist covered treatment works in       
assessing and implementing methods to   
reduce consequences of a chemical       
release from an intentional act by      
reducing or eliminating reliance on the 
use of threshold quantities of          

substances of concern at the covered    
treatment works1 as established under   
subsection 7i77#b77;,b74  7,b7          
,recommendations ,the ,administrator    
shall1 as appropriate1 provide or       
recommend tools1 methodologies1 or      
computer software to assist covered     
treatment works assigned to tier #c or  
tier #d under subsection 7h7 and        
required to conduct an assessment under 
paragraph 7#b7 to achieve compliance    
with the requirements of this section4  
7l7 ,review by ,administrator  7#a7 ,in 
general ,each covered treatment works   
shall submit to the ,administrator the  
vulnerability assessment and site       
security plan of the covered treatment  
works1 in accordance with such deadline 
as the ,administrator may establish4    
7#b7 ,review ,the ,administrator shall--
  7,a7 review each vulnerability        
assessment and site security plan       
submitted under this subsection2 and    
7,b7 7i7 if the assessment or plan has  
any significant deficiency described in 

paragraph 7#c71 require the covered     
treatment works to correct the          
deficiency2 or  7ii7 approve the        
assessment or plan4  7#c7 ,significant  
deficiencies  7,a7 ,in general ,subject 
to subparagraph 7,b71 a vulnerability   
assessment or site security plan of a   
covered treatment works has a           
significant deficiency under this       
paragraph if the ,administrator1 in     
consultation with the ,state with an    
approved program under section #djb 7if 
the covered treatment works is located  
in such a ,state71 determines that--    
7i7 the vulnerability assessment does   
not comply with the regulations         
promulgated pursuant to subsection 7b72 
or  7ii7 the site security plan fails-- 
7,i7 to meet applicable risk-based      
performance standards under subsection  
7c72 or  7,,ii7 to address a            
vulnerability identified in the         
vulnerability assessment under          
subsection 7d74  7,b7 ,exclusion ,a     
deficiency in the content or            

implementation of the portion of the    
site security plan of a covered         
treatment works relating to methods to  
reduce the consequences of a chemical   
release from an intentional act shall   
not be considered to be a significant   
deficiency under this paragraph4  7#d7  
,identification of deficiencies ,if the 
,administrator identifies a significant 
deficiency in the vulnerability         
assessment or site security plan of a   
covered treatment works under paragraph 
7#c71 the ,administrator shall provide  
to the covered treatment works a written
 notification of the deficiency that--  
7,a7 includes a clear explanation of the
 deficiency2  7,b7 provides guidance to 
assist the covered treatment works in   
addressing the deficiency2 and  7,c7    
requires the covered treatment works--  
7i7 to correct the deficiency2 and  7ii7
 by such date as the ,administrator     
determines to be appropriate1 to submit 
to the ,administrator a revised         
vulnerability assessment or site        

security plan4  7#e7 ,state1 regional1  
and local governmental entities ,no     
covered treatment works shall be        
required under ,state1 local1 or tribal 
law to provide a vulnerability          
assessment or site security plan under  
this section to any ,state1 regional1   
local1 or tribal governmental entity    
solely due to the requirement of        
paragraph 7#a7 to submit such an        
assessment or plan to the               
,administrator4  7m7 ,maintenance of    
records ,each covered treatment works   
shall maintain an updated copy of the   
vulnerability assessment1 site security 
plan1 and emergency response plan of the
 covered treatment works4  7n7 ,audits2 
inspections  7#a7 ,in general ,the      
,administrator 7or a designee7 shall    
audit and inspect covered treatment     
works as necessary to determine         
compliance with this section4  7#b7     
,access ,in conducting an audit or      
inspection of a covered treatment works 
under this subsection1 the              

,administrator shall have access to the 
owners1 operators1 employees1           
contractors1 and employee               
representatives1 if any1 of the covered 
treatment works4  7#c7 ,confidential    
communication of information2 aiding    
inspections  7,a7 ,confidential         
communication of information ,the       
,administrator shall offer              
nonsupervisory employees of a covered   
treatment works the opportunity to      
confidentially communicate to the       
,administrator information relevant to  
the compliance or noncompliance by the  
covered treatment works with the        
requirements of this section 7including 
regulations promulgated pursuant to this
 section74  7,b7 ,aiding inspections ,a 
representative of each certified or     
recognized bargaining agent described in
 subsection 7g77#c77;,b71 or a          
nonsupervisory employee if no such      
representative exists1 shall be given an
 opportunity to accompany the           
,administrator during any physical      

inspection of a covered treatment works 
under this subsection to assist in the  
inspection1 if a representative of the  
covered treatment works will also be    
accompanying the ,administrator during  
the inspection4  7o7 ,protection of     
information  7#a7 ,definition of        
protected information  7,a7 ,in general 
,in this section1 the term protected    
information means--  7i7 a vulnerability
 assessment or site security plan under 
this section 7including any assessment  
developed under subsection 7k77#b772    
7ii7 any document directly related to a 
review by the ,administrator of an      
assessment or plan described in clause  
7i7 and1 where applicable1 a review by a
 ,state of an assessment developed under
 subsection 7k77#b72  7iii7 any document
 directly related to an inspection or   
audit under subsection 7n72  7iv7 any   
order1 notice1 or letter regarding the  
compliance of a covered treatment works 
with the requirements of this section2  
7v7 any information1 document1 or record

 required to be provided to1 or created 
by1 the ,administrator under subsection 
7h72  7vi7 any document directly related
 to--  7,i7 a security drill or training
 exercise2  7,,ii7 a security threat or 
breach2 or  7,,iii7 maintenance1        
calibration1 or testing of security     
equipment2 and  7vii7 any other         
information1 document1 or record        
developed exclusively for purposes of   
this section1 the disclosure of which1  
as determined by the ,administrator1 by 
regulation1 would be detrimental to the 
security of #a or more covered treatment
 works4  7,b7 ,detriment requirement    
,for purposes of clauses 7ii7 through   
7vi7 of subparagraph 7,a71 the only     
portion of any document1 record1 order1 
notice1 or letter that shall be         
considered to be protected information  
is any portion--  7i7 the disclosure of 
which1 as determined by the             
,administrator1 by regulation1 would be 
detrimental to the security of #a or    
more covered treatment works2 and  7ii7 

that is developed by the ,administrator1
 a ,state1 or a covered treatment works 
for purposes of this section4  7,c7     
,exclusions ,the term protected         
information does not include--  7i7 any 
information1 other than a vulnerability 
assessment or site security plan1 that  
the ,administrator has determined1 by   
regulation--  7,i7 to be appropriate to 
demonstrate compliance by a covered     
treatment works with the requirements of
 this section2 and  7,,ii7 would not be 
detrimental to the security of any      
covered treatment works if disclosed2 or
  7ii7 any information that is obtained 
from another source with respect to     
which the ,administrator has not made a 
determination under subparagraph        
7,a77vii7 or 7,b71 regardless of whether
 the information is included in an      
assessment or plan under this section1  
including--  7,i7 information that is   
required to be made publicly available  
under any other provision of law2 and   
7,,ii7 information that a covered       

treatment works has lawfully disclosed  
other than through a submission to the  
,administrator under this section4  7#b7
 ,prohibition ,protected information--  
7,a7 shall be exempt from disclosure    
under section #eeb of title #e1 ,united 
,states ,code2 and  7,b7 shall not be   
made available pursuant to any ,state1  
local1 or tribal law requiring          
disclosure of information or records4   
7#c7 ,information sharing  7,a7 ,in     
general ,the ,administrator shall       
promulgate such regulations1 and may    
issue such orders1 as the ,administrator
 determines to be necessary to prohibit 
the unauthorized disclosure of protected
 information4  7,b7 ,sharing of         
protected information  7i7 ,in general  
,the regulations under subparagraph 7,a7
 shall establish standards for1 and     
facilitate1 the appropriate sharing of  
protected information among--  7,i7     
,federal1 ,state1 local1 and tribal     
authorities2  7,,ii7 first responders2  
7,,iii7 law enforcement officials2      

7,,iv7 designated supervisory and       
nonsupervisory covered treatment works  
personnel with security1 operational1 or
 fiduciary responsibility for the       
covered treatment works2 and  7,v7      
designated employee representatives of  
covered treatment works1 if any4  7ii7  
,inclusions ,the standards established  
under clause 7i7 shall include          
procedures for the sharing of all       
portions of a vulnerability assessment  
or site security plan of a covered      
treatment works relating to the roles   
and responsibilities of employees or    
contractors of the covered treatment    
works under subsection 7g7 with--  7,i7 
a representative of each certified or   
recognized bargaining agent representing
 those employees and contractors1 if    
any2 or  7,,ii7 if a representative     
described in subclause 7,i7 does not    
exist1 at least #a supervisory and at   
least #a nonsupervisory employee with   
roles and responsibilities described in 
subsection 7g74  7,c7 ,penalties  7i7   

,in general ,protected information shall
 not be shared1 except in accordance    
with the standards established and      
orders issued pursuant to subparagraph  
7,a74  7ii7 ,knowing violation ,whoever 
discloses protected information in      
knowing violation of the regulations    
promulgated under paragraph 7#a7 shall--
  7,i7 be fined under title #ah1 ,united
 ,states ,code1 imprisoned for not more 
than #a year1 or both2 and  7,,ii7 in   
the case of a ,federal officeholder or  
employee1 removed from ,federal office  
or employment4  7#d7 ,treatment of      
information in adjudicative proceedings 
,in any judicial or administrative      
proceeding1 protected information shall 
be treated in a manner consistent with  
the treatment of sensitive security     
information under section #ebe of the   
,department of ,homeland ,security      
,appropriations ,act1 #bjjg 7,public    
,law #aji-bie2 #abj ,stat4 #acha74  7#e7
 ,other obligations unaffected ,except  
as provided in subsection 7l77#e71      

nothing in this section modifies or     
otherwise affects an obligation of a    
covered treatment works--  7,a7 to      
submit or make available information to 
employees of the covered treatment      
works1 employee organizations1 health   
professionals1 emergency response       
organizations1 or a ,federal1 ,state1   
tribal1 or local government agency under
 any other provision of law2 or  7,b7 to
 comply with any other provision of law4
  7#f7 ,congressional oversight ,nothing
 in this section authorizes the         
withholding of information from         
,congress4  7#g7 ,disclosure of         
independently furnished information     
,nothing in this section modifies or    
otherwise affects any authority or      
obligation of a ,federal1 ,state1 local1
 or tribal agency to protect or disclose
 any record or information that the     
,federal1 ,state1 local1 or tribal      
agency obtains from a covered treatment 
works or the ,administrator under any   
other provision of law4  7p7 ,preemption

 ,nothing in this section precludes or  
denies the right of any ,state or       
political subdivision of a ,state to    
adopt or enforce any regulation1        
requirement1 or standard of performance 
with respect to a covered treatment     
works that is more stringent than a     
regulation1 requirement1 or standard of 
performance established under this      
section4  7q7 ,violations  7#a7 ,in     
general ,for purposes of section #cji1  
any violation of a requirement under    
this section 7including a regulation    
promulgated pursuant to this section7 by
 a covered treatment works shall be     
treated in the same manner as a         
violation of a condition of a permit    
under section #djb4  7#b7 ,methods to   
reduce the consequences of a chemical   
release from an intentional act ,except 
as provided in paragraphs 7#d7 and 7#e7 
of subsection 7k71 if a covered         
treatment works is located in a ,state  
with an approved program under section  
#djb1 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 site security plan of the
 covered treatment works relating to    
methods to reduce the consequences of a 
chemical release from an intentional act
 7as defined in subsection 7k77#a774    
7r7 ,report to ,congress  7#a7 ,annual  
report ,not later than #c years after   
the effective date of the regulations   
promulgated pursuant to subsection 7b71 
and annually thereafter for each of the 
following #h calendar years1 the        
,administrator shall submit to the      
,committee on ,environment and ,public  
,works of the ,senate and the ,committee
 on ,transportation and ,infrastructure 
of the ,house of ,representatives a     
report describing the progress made     
during the reporting period in achieving
 compliance with this section1          
including1 at a minimum--  7,a7 a       
generalized summary of measures         
implemented by covered treatment works  

to meet each risk-based performance     
standard established under subsection   
7c72 and  7,b7 a summary of the means by
 which--  7i7 covered treatment works1  
as categorized by risk-based tier       
assignment under subsection 7h71 are    
achieving compliance with the           
requirements of this section2 and  7ii7 
the ,administrator is implementing and  
enforcing those requirements1 including 
a description of--  7,i7 the number of  
treatment works that provided           
information to the ,administrator       
pursuant to subsection 7h77#b77;,b72    
7,,ii7 the number of covered treatment  
works assigned to each risk-based tier  
under subsection 7h72  7,,iii7 the      
number of vulnerability assessments and 
site security plans--  7aa7 submitted by
 covered treatment works2 and  7bb7     
approved and disapproved by the         
,administrator2  7,,iv7 the number of   
covered treatment works without approved
 vulnerability assessments or site      
security plans in place2  7,v7 7aa7 the 

number of covered treatment works that  
have been assigned to a different       
risk-based tier or are no longer        
regulated by the ,administrator under   
this section due to implementation of a 
method to reduce the consequences of a  
chemical release from an intentional    
act2 and  7bb7 a description of the     
types of each such method to reduce the 
consequences of a chemical release from 
an intentional act2  7,,vi7 the number  
of audits and inspections conducted by  
the ,administrator 7or a designee7 under
 subsection 7n72  7,,vii7 the number of 
orders for compliance issued by the     
,administrator under subsection 7q72    
7,,viii7 the administrative penalties   
assessed by the ,administrator for      
noncompliance with the requirements of  
this section2  7,,ix7 the civil         
penalties assessed by courts for        
noncompliance with the requirements of  
this section2 and  7,x7 any other       
regulatory data the ,administrator      
determines to be appropriate to         

describe--  7aa7 compliance by covered  
treatment works with the requirements of
 this section2 and  7bb7 the            
implementation by the ,administrator of 
those requirements4  7#b7 ,public       
availability ,each report submitted     
under this section shall be made        
publicly available4  7s7 ,grant programs
  7#a7 ,implementation grants to ,states
 ,the ,administrator may provide grants 
to1 or enter into cooperative agreements
 with1 ,states1 based on an allocation  
formula established by the              
,administrator1 to assist the ,states in
 implementing this section4  7#b7       
,research1 training1 and technical      
assistance grants ,the ,administrator   
may provide grants to1 or enter into    
cooperative agreements with1 nonprofit  
organizations to provide research1      
training1 and technical assistance to   
covered treatment works to assist the   
covered treatment works in achieving    
compliance with this section4  7#c7     
,preparation grants  7,a7 ,grants ,the  

,administrator may provide grants to1 or
 enter into cooperative agreements with1
 covered treatment works to assist the  
covered treatment works in--  7i7       
preparing and updating vulnerability    
assessments1 site security plans1 and   
emergency response plans2  7ii7         
assessing and implementing methods to   
reduce the consequences of a release of 
a substance of concern from an          
intentional act2 and  7iii7 implementing
 any other security reviews or          
enhancements that are necessary to      
achieve compliance with this section4   
7,b7 ,priority  7i7 ,need ,in providing 
grants and entering into cooperative    
agreements under subparagraph 7,a77i71  
the ,administrator shall give priority  
to covered treatment works that1 as     
determined by the ,administrator1 have  
the greatest need4  7ii7 ,security risk 
,in providing grants and entering into  
cooperative agreements under            
subparagraph 7,a77ii71 the              
,administrator shall give priority to   

covered treatment works that1 as        
determined by the ,administrator1       
present the greatest security risk4     
7#d7 ,worker training grants  7,a7      
,definition of eligible entity ,in this 
paragraph1 the term eligible entity     
means a nonprofit organization with     
demonstrated experience in implementing 
and operating successful worker or first
 responder health and safety or security
 training programs4  7,b7 ,grants ,the  
,administrator shall establish a program
 under which the ,administrator shall   
provide grants to eligible entities to  
provide for training and education of-- 
7i7 employees and contractors of covered
 treatment works with roles or          
responsibilities described in subsection
 7g72 and  7ii7 first responders and    
emergency response providers who would  
respond to an intentional act at a      
covered treatment works4  7,c7          
,administration ,the ,administrator     
shall offer to enter into an agreement  
with the ,national ,institute of        

,environmental ,health ,sciences to     
administer the program under this       
paragraph4  7,d7 ,use of funds ,an      
eligible entity shall use a grant       
received under this paragraph for--  7i7
 training and education of employees and
 contractors with roles or              
responsibilities described in subsection
 7g71 including the annual mandatory    
training specified in subsection        
7g77#b71 with priority given to covered 
treatment works assigned to tier #a or  
tier #b under subsection 7h72  7ii7     
training of first responders in         
protecting nearby residents and property
 or the environment from the effects of 
a release of a substance of concern at a
 covered treatment works1 with priority 
given to covered treatment works        
assigned to tier #a or tier #b under    
subsection 7h72 and  7iii7 appropriate  
training for first responders and       
emergency response providers who would  
respond to an intentional act at a      
covered treatment works4  7t7 ,timely   

provision of threat-,related information
 ,the ,secretary shall1 upon receipt of 
information concerning a specific threat
 that is relevant to a certain covered  
water treatment works1 provide the      
information in a timely manner1 to the  
maximum extent practicable under        
applicable authority and in the         
interests of national security1 to--    
7#a7 covered treatment works2  7#b7 the 
,administrator2 and  7#c7 the           
appropriate ,federal1 ,state1 and local 
law enforcement officials4  7u7         
,authorization of appropriations  7#a7  
,in general ,there are authorized to be 
appropriated to carry out this section  
#bjj1jjj1jjj for each of fiscal years   
#bjac through #bjag1 of which--  7,a7   
not more than #cj1jjj1jjj may be used   
during each fiscal year for             
administrative costs incurred by the    
,administrator or ,states1 as           
applicable1 in carrying out this        
section2 and  7,b7 not more than        
#aej1jjj1jjj may be used during each    

fiscal year to implement methods to     
reduce the consequences of chemical     
releases from intentional acts at       
covered treatment works1 with priority  
given to covered treatment works        
assigned to tier #a or tier #b under    
subsection 7h74  7#b7 ,security         
enhancements ,amounts provided under    
this subsection for basic security      
enhancements shall not be used for--    
7,a7 personnel costs2 or  7,b7          
monitoring1 operation1 or maintenance of
 facilities1 equipment1 or systems4  7v7
 ,relation to chemical facility security
 requirements ,no provision of any      
appropriations ,act relating to chemical
 facility security1 and no law or       
regulation establishing a chemical      
facility antiterrorism standard1 shall  
apply to a covered treatment works under
 this section4  4  7#b7 ,effective date 
,the amendment made by paragraph 7#a7   
takes effect on the date of promulgation
 by the ,administrator of the           
,environmental ,protection ,agency of   

final regulations pursuant to subsection
 7b77#a7 of section #cba of the ,federal
 ,water ,pollution ,control ,act 7as    
amended by paragraph 7#a774  7b7 ,effect
 of section  7#a7 ,in general ,nothing  
in this section or the amendment made by
 this section affects the applicability 
of any provision of title ,,iii of the  
,federal ,water ,pollution ,control ,act
 7#cc ,u4,s4,c4 #acaa et seq47 7as in   
effect before the effective date of the 
amendment made by subsection 7a77#a774  
7#b7 ,violations  7,a7 ,in general      
,nothing in this section or the         
amendment made by this section affects  
the applicability of any provision of   
title ,,iii of the ,federal ,water      
,pollution ,control ,act 7#cc ,u4,s4,c4 
#acaa et seq47 7as in effect before the 
effective date of the amendment made by 
subsection 7a77#a77 to any violation of 
that ,act that occurs before that       
effective date4  7,b7 ,requirements ,the
 requirements of title ,,iii of the     
,federal ,water ,pollution ,control ,act

 7#cc ,u4,s4,c4 #acaa et seq47 7as in   
effect before the effective date of the 
amendment made by subsection 7a77#a77   
shall remain in effect with respect to  
violations described in subparagraph    
7,a7 until the later of--  7i7 the date 
on which the violation is corrected2 and
  7ii7 the date on which enforcement    
proceedings relating to the violation   
are completed4  #bjc4 ,study to assess  
threat of contamination of wastewater   
treatment works ,not later than #ahj    
days after the date of enactment of this
 ,act1 the ,administrator of the        
,environmental ,protection ,agency1 in  
consultation with the ,secretary of     
,homeland ,security1 shall--  7#a7      
conduct a study to assess--  7,a7 the   
threat to wastewater treatment works    
posed by intentional acts of            
contamination2 and  7,b7 the            
vulnerability of wastewater treatment   
works to such a threat2 and  7#b7 submit
 to the ,committee on ,environment and  
,public ,works of the ,senate and the   

,committee on ,energy and ,commerce of  
the ,house of ,representatives a report 
describing the results of the study4