[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 2781 Reported in Senate (RS)]
Calendar No. 625
109th CONGRESS
2d Session
S. 2781
[Report No. 109-345]
To amend the Federal Water Pollution Control Act to enhance the
security of wastewater treatment works.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 10, 2006
Mr. Inhofe (for himself, Mr. Chafee, and Ms. Murkowski) introduced the
following bill; which was read twice and referred to the Committee on
Environment and Public Works
September 21, 2006
Reported by Mr. Inhofe, with an amendment
[Strike out all after the enacting clause and insert the part printed
in italic]
_______________________________________________________________________
A BILL
To amend the Federal Water Pollution Control Act to enhance the
security of wastewater treatment works.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
<DELETED>SECTION 1. SHORT TITLE.</DELETED>
<DELETED> This Act may be cited as the ``Wastewater Treatment Works
Security Act of 2006''.</DELETED>
<DELETED>SEC. 2. WASTEWATER TREATMENT WORKS SECURITY.</DELETED>
<DELETED> Title II of the Federal Water Pollution Control Act (33
U.S.C. 1281 et seq.) is amended by adding at the end the
following:</DELETED>
<DELETED>``SEC. 222. WASTEWATER TREATMENT WORKS SECURITY.</DELETED>
<DELETED> ``(a) Definitions.--In this section:</DELETED>
<DELETED> ``(1) Disruption of service event.--The term
`disruption of service event' means a natural disaster or
event, or a terrorist attack or other intentional act, that--
</DELETED>
<DELETED> ``(A) substantially disrupts the ability
of a treatment works to provide safe and reliable--
</DELETED>
<DELETED> ``(i) conveyance and treatment of
wastewater;</DELETED>
<DELETED> ``(ii) disposal of effluent;
or</DELETED>
<DELETED> ``(iii) storage of any potentially
hazardous chemical used to treat
wastewater;</DELETED>
<DELETED> ``(B) damages critical infrastructure
associated with a treatment works;</DELETED>
<DELETED> ``(C) has a substantial adverse effect on
the environment as a result of harm caused to a
treatment works; or</DELETED>
<DELETED> ``(D) otherwise poses a significant threat
to public health or safety as a result of harm caused
to a treatment works.</DELETED>
<DELETED> ``(2) Emergency response plan.--</DELETED>
<DELETED> ``(A) In general.--The term `emergency
response plan' means a plan or set of plans developed
by or in cooperation with a treatment works that may
include the procedures the treatment works will use
when a disruption of service event occurs, including
procedures for ensuring continued service and
protection of the public health and
environment.</DELETED>
<DELETED> ``(B) Inclusions.--The term `emergency
response plan' includes a plan or set of plans that may
describe, for a case in which a disruption of service
event occurs--</DELETED>
<DELETED> ``(i) the means by which a
publicly owned treatment works will provide
information regarding risks to--</DELETED>
<DELETED> ``(I) the media;</DELETED>
<DELETED> ``(II) municipal emergency
personnel;</DELETED>
<DELETED> ``(III) health
officials;</DELETED>
<DELETED> ``(IV) the general
public;</DELETED>
<DELETED> ``(V) Federal and State
environmental authorities;
and</DELETED>
<DELETED> ``(VI) other potentially
impacted water utilities;</DELETED>
<DELETED> ``(ii) the means by which a
publicly owned treatment works will limit
contamination of public water supplies,
including temporary treatment and other
mitigation measures;</DELETED>
<DELETED> ``(iii) the means by which a
publicly owned treatment works will address
contaminants entering the treatment works or
its collection system, including any
contaminants added by emergency response
personnel in responding to a natural disaster
or terrorist event;</DELETED>
<DELETED> ``(iv) the means by which a
publicly owned treatment works will secure
backup generation if a loss of power
accompanies the disruption of service event;
or</DELETED>
<DELETED> ``(v) any additional means of
collecting or treating wastewater.</DELETED>
<DELETED> ``(C) Certain other plans.--The term
`emergency response plan' may include--</DELETED>
<DELETED> ``(i) an emergency response plan
conducted in accordance with a Federal statute
that addresses each element identified under
subparagraphs (A) and (B); and</DELETED>
<DELETED> ``(ii) an emergency response plan
in existence on the date of enactment of this
section that is modified to include each
element identified under subparagraphs (A) and
(B).</DELETED>
<DELETED> ``(3) Vulnerability assessment.--</DELETED>
<DELETED> ``(A) In general.--The term `vulnerability
assessment' means an assessment of the vulnerability of
a treatment works to a disruption of service
event.</DELETED>
<DELETED> ``(B) Inclusions.--The term `vulnerability
assessment' may include--</DELETED>
<DELETED> ``(i) a characterization of the
treatment works, including, with respect to the
treatment works--</DELETED>
<DELETED> ``(I) mission and
objective;</DELETED>
<DELETED> ``(II) customer
base;</DELETED>
<DELETED> ``(III) the facilities
that comprise the treatment works,
including--</DELETED>
<DELETED> ``(aa) the
collection system;</DELETED>
<DELETED> ``(bb) the pumping
station;</DELETED>
<DELETED> ``(cc) the power
supply;</DELETED>
<DELETED> ``(dd) electronic
and computer systems;
and</DELETED>
<DELETED> ``(ee) chemical
containers;</DELETED>
<DELETED> ``(IV) processes;
and</DELETED>
<DELETED> ``(V) assets for achieving
treatment works objectives;</DELETED>
<DELETED> ``(ii) an identification and
prioritization of adverse consequences to avoid
at the treatment works, including--</DELETED>
<DELETED> ``(I) substantial
disruptions of service;</DELETED>
<DELETED> ``(II) economic
impacts;</DELETED>
<DELETED> ``(III) loss of life;
and</DELETED>
<DELETED> ``(IV) negative health
consequences for staff at the treatment
works;</DELETED>
<DELETED> ``(iii) an identification of
adverse consequences to the public health and
safety and the environment and natural
resources;</DELETED>
<DELETED> ``(iv) a determination of critical
assets of the treatment works that may be
subject to a disruption of service event,
including--</DELETED>
<DELETED> ``(I) pumping
stations;</DELETED>
<DELETED> ``(II) power
sources;</DELETED>
<DELETED> ``(III) electronic and
computer systems; and</DELETED>
<DELETED> ``(IV) disinfection
processes;</DELETED>
<DELETED> ``(v) an assessment of--</DELETED>
<DELETED> ``(I) the qualitative
probability of a disruption of service
event; and</DELETED>
<DELETED> ``(II) whether the
disruption of service event is the
result of a natural or an intentional
occurrence;</DELETED>
<DELETED> ``(vi) an evaluation of existing
countermeasures relating to the treatment
works; and</DELETED>
<DELETED> ``(vii) an analysis of current
risk relating to the treatment works and the
development of a prioritized plan for risk
reduction at the treatment works.</DELETED>
<DELETED> ``(b) Grants for Vulnerability Assessments and Security
Enhancements.--The Administrator may provide grants to any State,
municipality, intermunicipal or interstate agency, or privately owned
utility that principally treats municipal wastewater--</DELETED>
<DELETED> ``(1) to conduct a vulnerability assessment of a
publicly owned treatment works;</DELETED>
<DELETED> ``(2) to implement security enhancements described
in subsection (c)(1) and other security enhancements to reduce
vulnerabilities identified in a vulnerability
assessment;</DELETED>
<DELETED> ``(3) for the development, expansion, or upgrading
of an emergency response plan; and</DELETED>
<DELETED> ``(4) for the voluntary creation by a State or
network of treatment works of, or voluntary participation by a
treatment works in, a mutual aid and emergency network
preparedness agreement developed in accordance with the
National Incident Management System established pursuant to
presidential directive number 5 of the Department of Homeland
Security.</DELETED>
<DELETED> ``(c) Grants for Security Enhancements.--</DELETED>
<DELETED> ``(1) Preapproved security enhancements.--Except
as provided in paragraph (3), on certification by a State,
municipality, intermunicipal or interstate agency, or privately
owned utility that principally treats municipal wastewater that
a vulnerability assessment has been completed for a treatment
works, and that the security enhancement for which assistance
is sought is for the purpose of reducing vulnerabilities of the
treatment works identified in the vulnerability assessment, the
Administrator may provide grants to the State, municipality,
intermunicipal or interstate agency, or privately owned utility
under subsection (b)(2) for 1 or more of the uses described in
paragraph (2).</DELETED>
<DELETED> ``(2) Uses of grant funds.--The uses referred to
in paragraph (1) are--</DELETED>
<DELETED> ``(A) the purchase and installation of
equipment for materials and activities relating to
access control, intrusion prevention and delay, and
detection of intruders and hazardous or dangerous
substances, including--</DELETED>
<DELETED> ``(i) barriers, fencing, and
gates;</DELETED>
<DELETED> ``(ii) security lighting and
cameras;</DELETED>
<DELETED> ``(iii) metal grates, wire mesh,
and outfall entry barriers;</DELETED>
<DELETED> ``(iv) securing of manhole covers
and fill and vent pipes;</DELETED>
<DELETED> ``(v) installation and rekeying of
doors and locks; and</DELETED>
<DELETED> ``(vi) smoke, chemical, and
explosive mixture detection systems;</DELETED>
<DELETED> ``(B) the conduct of an activity to
improve the security for electronic, computer, or other
automated systems and remote security systems,
including--</DELETED>
<DELETED> ``(i) controlling access to those
systems;</DELETED>
<DELETED> ``(ii) intrusion detection and
prevention; and</DELETED>
<DELETED> ``(iii) system backup;</DELETED>
<DELETED> ``(C) participation in a training program,
and the purchase of training manuals and guidance
material, relating to security; and</DELETED>
<DELETED> ``(D) the conduct of security screening of
employees or contractor support services.</DELETED>
<DELETED> ``(3) Additional security enhancements.--
</DELETED>
<DELETED> ``(A) Grants.--The Administrator may
provide a grant under subsection (b) to an applicant
for additional security enhancements not specified in
paragraph (2).</DELETED>
<DELETED> ``(B) Eligibility.--To be eligible for a
grant under this subsection, an applicant shall--
</DELETED>
<DELETED> ``(i) submit to the Administrator
an application containing a description of the
security enhancement; and</DELETED>
<DELETED> ``(ii) obtain approval of the
application by the Administrator.</DELETED>
<DELETED> ``(4) Limitations.--</DELETED>
<DELETED> ``(A) Use of funds.--A grant provided
under subsection (b) shall not be used for--</DELETED>
<DELETED> ``(i) payment of personnel costs;
or</DELETED>
<DELETED> ``(ii) operation or maintenance of
facilities, equipment, or systems.</DELETED>
<DELETED> ``(B) Disclosure of vulnerability
assessment.--</DELETED>
<DELETED> ``(i) In general.--Except as
provided in clause (ii), as a condition of
applying for or receiving a grant under this
subsection, the Administrator may not require
an applicant to provide the Administrator with
a copy of a vulnerability assessment.</DELETED>
<DELETED> ``(ii) Exception.--To ensure
compliance with any applicable Federal grant
requirement, the Administrator or a designee of
the Administrator--</DELETED>
<DELETED> ``(I) may request and view
a copy of a vulnerability assessment
associated with a grant under this
section; but</DELETED>
<DELETED> ``(II) shall not take
possession or control of the
copy.</DELETED>
<DELETED> ``(C) Responsibility of administrator.--
Not later than December 31, 2006, the Administrator, in
consultation with appropriate Federal law enforcement
and intelligence officials, shall incorporate into
existing protocols for protection of sensitive
information a method by which the Administrator will
protect from unauthorized disclosure vulnerability
assessment information viewed by the Administrator or a
designee of the Administrator pursuant to subparagraph
(B)(ii).</DELETED>
<DELETED> ``(D) Penalties.--</DELETED>
<DELETED> ``(i) In general.--Except as
provided in clause (ii), any individual who
views a vulnerability assessment, a
reproduction of a vulnerability assessment, or
any information derived from a vulnerability
assessment, pursuant to subparagraph (B)(ii)
and who knowingly or recklessly reveals the
vulnerability assessment, reproduction, or
information other than to the Administrator or
an individual designated by the Administrator,
or for use in an administrative or judicial
proceeding to impose a penalty for failure to
comply with this section, shall, on
conviction--</DELETED>
<DELETED> ``(I) be imprisoned for
not more than 1 year or fined in
accordance with chapter 227 of title
18, United States Code, as applicable
to class A misdemeanors, or both;
and</DELETED>
<DELETED> ``(II) be removed from
Federal office or employment.</DELETED>
<DELETED> ``(ii) Exception.--Notwithstanding
clause (i), a designee of the Administrator who
is an officer or employee of the United States
may discuss with any State or local government
official the contents of a vulnerability
assessment viewed under this
paragraph.</DELETED>
<DELETED> ``(E) Effect of paragraph.--Nothing in
this paragraph authorizes any person to withhold any
information from Congress or any committee or
subcommittee of Congress.</DELETED>
<DELETED> ``(5) False certifications.--An applicant that
knowingly submits to the Administrator a false certification or
material statement under this subsection shall be subject to a
criminal penalty under section 309(c)(4).</DELETED>
<DELETED> ``(6) Exemption under foia and related laws.--
Except for information in a certification under this subsection
identifying the system for which the certification is submitted
and the date of certification of the system, all information
contained in a vulnerability assessment certified by an
applicant or derived from a vulnerability assessment under this
section shall be exempt from the disclosure requirements
under--</DELETED>
<DELETED> ``(A) section 552 of title 5, United
States Code (commonly known as the `Freedom of
Information Act'); and</DELETED>
<DELETED> ``(B) any State or local law providing for
public access to information.</DELETED>
<DELETED> ``(d) Grant Amounts.--</DELETED>
<DELETED> ``(1) Federal share.--The Federal share of the
cost of an activity funded by a grant under subsection (b)
shall not exceed 50 percent, as determined by the
Administrator.</DELETED>
<DELETED> ``(2) Maximum amount.--The total amount of grants
made under subsection (b) for any publicly owned treatment
works shall not exceed $100,000, as determined by the
Administrator.</DELETED>
<DELETED> ``(e) Technical Assistance for Small Publicly Owned
Treatment Works.--</DELETED>
<DELETED> ``(1) Definition of small publicly owned treatment
works.--In this subsection, the term `small publicly owned
treatment works' means a publicly owned treatment works that
services a population of fewer than 10,000
individuals.</DELETED>
<DELETED> ``(2) Security assessment and planning
assistance.--</DELETED>
<DELETED> ``(A) In general.--The Administrator, in
coordination with the States, may provide technical
guidance and assistance to small publicly owned
treatment works for--</DELETED>
<DELETED> ``(i) the conduct of a
vulnerability assessment; and</DELETED>
<DELETED> ``(ii) the implementation of
security enhancements to reduce vulnerabilities
identified in a vulnerability
assessment.</DELETED>
<DELETED> ``(B) Inclusions.--Technical guidance and
assistance provided under subparagraph (A) may include
technical assistance programs, training, and
preliminary engineering evaluations.</DELETED>
<DELETED> ``(3) Participation by nonprofit organizations.--
The Administrator may provide grants to nonprofit organizations
to assist in accomplishing the purposes of this
subsection.</DELETED>
<DELETED> ``(f) Refinement of Vulnerability Assessment Methodology
for Publicly Owned Treatment Works.--</DELETED>
<DELETED> ``(1) Grants.--The Administrator may provide to
nonprofit organizations 1 or more grants to be used in
improving vulnerability self-assessment methodologies and tools
for publicly owned treatment works, including publicly owned
treatment works that are part of a combined public wastewater
treatment and water supply system.</DELETED>
<DELETED> ``(2) Eligible activities.--A grant provided under
this subsection may be used--</DELETED>
<DELETED> ``(A) to develop and distribute
vulnerability self-assessment methodology software
upgrades;</DELETED>
<DELETED> ``(B) to improve and enhance critical
technical and user support functions;</DELETED>
<DELETED> ``(C) to expand libraries of information
addressing threats and countermeasures; and</DELETED>
<DELETED> ``(D) to implement user training
initiatives.</DELETED>
<DELETED> ``(3) Cost.--A service described in paragraph (2)
that is funded by a grant under this subsection shall be
provided at no cost to the recipients of the service.</DELETED>
<DELETED> ``(g) Authorization of Appropriations.--There is
authorized to be appropriated--</DELETED>
<DELETED> ``(1) $200,000,000 for use in making grants under
subsection (b), to remain available until expended;</DELETED>
<DELETED> ``(2) $15,000,000 for use in providing assistance
under subsection (e); and</DELETED>
<DELETED> ``(3) to carry out subsection (f), $1,000,000 for
each of fiscal years 2006 through 2010.''.</DELETED>
<DELETED>SEC. 3. RESEARCH AND REVIEW OF COLLECTION SYSTEMS AND
TREATMENT WORKS.</DELETED>
<DELETED> Title II of the Federal Water Pollution Control Act (33
U.S.C. 1281 et seq.) (as amended by section 2) is amended by adding at
the end the following:</DELETED>
<DELETED>``SEC. 223. RESEARCH AND REVIEW OF COLLECTION SYSTEMS AND
TREATMENT WORKS.</DELETED>
<DELETED> ``(a) Definition of Collection System.--In this section,
the term `collection system' means the underground network of sewers,
including sanitary and storm water collection lines.</DELETED>
<DELETED> ``(b) Research and Review.--The Administrator, in
consultation with appropriate Federal agencies, shall conduct research
and a review, or enter into a contract or cooperative agreement for the
conduct of research and a review, of--</DELETED>
<DELETED> ``(1) means of providing alternative processes to
convey, treat, and dispose of wastewater if a disruption of
service event (as defined in section 222) occurs;</DELETED>
<DELETED> ``(2) the means by which the collection system of
a treatment works could--</DELETED>
<DELETED> ``(A) be used to convey hazardous
chemicals or substances (including explosive devices),
including a comprehensive analysis of the types of
hazardous chemicals, substances, and explosive devices
that could be placed in the collection system;
and</DELETED>
<DELETED> ``(B) be secured in response to an
intentional harmful act;</DELETED>
<DELETED> ``(3) methods for monitoring--</DELETED>
<DELETED> ``(A) the collection system of a treatment
works for hazardous chemicals or substances, including
explosive devices; and</DELETED>
<DELETED> ``(B) unauthorized entry into the
collection system of a treatment works; and</DELETED>
<DELETED> ``(4) treatment technologies, including the
affordability, effectiveness, and limitations of each treatment
technology.</DELETED>
<DELETED> ``(c) Authorization of Appropriations.--There is
authorized to be appropriated to carry out this section $5,000,000 for
each of fiscal years 2006 through 2010.''.</DELETED>
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Wastewater Treatment Works Security
Act of 2006''.
SEC. 2. WASTEWATER TREATMENT WORKS SECURITY.
Title II of the Federal Water Pollution Control Act (33 U.S.C. 1281
et seq.) is amended by adding at the end the following:
``SEC. 222. WASTEWATER TREATMENT WORKS SECURITY.
``(a) Definitions.--In this section:
``(1) Disruption of service event.--The term `disruption of
service event' means a natural disaster or event, or a
terrorist attack or other intentional act, that--
``(A) substantially disrupts the ability of a
treatment works to provide safe and reliable--
``(i) conveyance and treatment of
wastewater;
``(ii) disposal of effluent; or
``(iii) storage of any potentially
hazardous chemical used to treat wastewater;
``(B) damages critical infrastructure associated
with a treatment works;
``(C) has a substantial adverse effect on the
environment as a result of harm caused to a treatment
works; or
``(D) otherwise poses a significant threat to
public health or safety as a result of harm caused to a
treatment works.
``(2) Emergency response plan.--
``(A) In general.--The term `emergency response
plan' means a plan or set of plans developed by or in
cooperation with a treatment works that may include the
procedures the treatment works will use when a
disruption of service event occurs, including
procedures for ensuring continued service and
protection of the public health and environment.
``(B) Inclusions.--The term `emergency response
plan' includes a plan or set of plans that may
describe, for a case in which a disruption of service
event occurs--
``(i) the means by which a publicly owned
treatment works will provide information
regarding risks to--
``(I) the media;
``(II) municipal emergency
personnel;
``(III) health officials;
``(IV) the general public;
``(V) Federal and State
environmental authorities; and
``(VI) other potentially impacted
water utilities;
``(ii) the means by which a publicly owned
treatment works will limit contamination of
public water supplies, including temporary
treatment and other mitigation measures;
``(iii) the means by which a publicly owned
treatment works will address contaminants
entering the treatment works or its collection
system, including any contaminants added by
emergency response personnel in responding to a
natural disaster or terrorist event;
``(iv) the means by which a publicly owned
treatment works will secure backup generation
if a loss of power accompanies the disruption
of service event; or
``(v) any additional means of collecting or
treating wastewater.
``(C) Certain other plans.--The term `emergency
response plan' may include--
``(i) an emergency response plan conducted
in accordance with a Federal statute that
addresses each element identified under
subparagraphs (A) and (B); and
``(ii) an emergency response plan in
existence on the date of enactment of this
section that is modified to include each
element identified under subparagraphs (A) and
(B).
``(3) Site security plan.--The term `site security plan'
means a plan to implement, to the maximum extent practicable,
changes at a treatment works based on information in a
vulnerability assessment to address risks posed by a disruption
of service event.
``(4) Vulnerability assessment.--
``(A) In general.--The term `vulnerability
assessment' means an assessment of the vulnerability of
a treatment works to a disruption of service event.
``(B) Inclusions.--The term `vulnerability
assessment' may include--
``(i) a characterization of the treatment
works, including, with respect to the treatment
works--
``(I) mission and objective;
``(II) customer base;
``(III) the facilities that
comprise the treatment works,
including--
``(aa) the collection
system;
``(bb) the pumping station;
``(cc) the power supply;
``(dd) electronic and
computer systems; and
``(ee) chemical containers;
``(IV) processes; and
``(V) assets for achieving
treatment works objectives;
``(ii) an identification and prioritization
of adverse consequences to avoid at the
treatment works, including--
``(I) substantial disruptions of
service;
``(II) economic impacts;
``(III) loss of life; and
``(IV) negative health consequences
for staff at the treatment works;
``(iii) an identification of adverse
consequences to the public health and safety
and the environment and natural resources;
``(iv) a determination of critical assets
of the treatment works that may be subject to a
disruption of service event, including--
``(I) pumping stations;
``(II) power sources;
``(III) electronic and computer
systems; and
``(IV) disinfection processes;
``(v) an assessment of--
``(I) the qualitative probability
of a disruption of service event; and
``(II) whether the disruption of
service event is the result of a
natural or an intentional occurrence;
``(vi) an evaluation of existing
countermeasures relating to the treatment
works; and
``(vii) an analysis of current risk
relating to the treatment works and the
development of a prioritized plan for risk
reduction at the treatment works.
``(b) Grants for Vulnerability Assessments and Security
Enhancements.--The Administrator may provide grants to any State,
municipality, intermunicipal or interstate agency, or privately owned
utility that principally treats municipal wastewater--
``(1) to conduct a vulnerability assessment of a publicly
owned treatment works;
``(2) to implement security enhancements described in
subsection (c)(1) and other security enhancements to reduce
vulnerabilities identified in a vulnerability assessment;
``(3) for the development, expansion, or upgrading of an
emergency response plan and site security plan; and
``(4) for the voluntary creation by a State or network of
treatment works of, or voluntary participation by a treatment
works in, a mutual aid and emergency network preparedness
agreement developed in accordance with the National Incident
Management System established pursuant to presidential
directive number 5 of the Department of Homeland Security.
``(c) Grants for Security Enhancements.--
``(1) Preapproved security enhancements.--On certification
by a State, municipality, intermunicipal or interstate agency,
or privately owned utility that principally treats municipal
wastewater that a vulnerability assessment has been completed
for a treatment works, and that the security enhancement for
which assistance is sought is for the purpose of reducing
vulnerabilities of the treatment works identified in the
vulnerability assessment, the Administrator may provide grants
to the State, municipality, intermunicipal or interstate
agency, or privately owned utility under subsection (b)(2) for
1 or more of the uses described in paragraph (2).
``(2) Uses of grant funds.--The uses referred to in
paragraph (1) include--
``(A) the purchase and installation of equipment
for materials and activities relating to access
control, intrusion prevention and delay, and detection
of intruders and hazardous or dangerous substances,
including--
``(i) barriers, fencing, and gates;
``(ii) security lighting and cameras;
``(iii) metal grates, wire mesh, and
outfall entry barriers;
``(iv) securing of manhole covers and fill
and vent pipes;
``(v) installation and rekeying of doors
and locks; and
``(vi) smoke, chemical, and explosive
mixture detection systems;
``(B) the conduct of an activity to improve the
security for electronic, computer, or other automated
systems and remote security systems, including--
``(i) controlling access to those systems;
``(ii) intrusion detection and prevention;
and
``(iii) system backup;
``(C) participation in a training program, and the
purchase of training manuals and guidance material,
relating to security; and
``(D) the conduct of security screening of
employees or contractor support services.
``(3) Limitations.--
``(A) Use of funds.--A grant provided under
subsection (b) shall not be used for--
``(i) payment of personnel costs; or
``(ii) operation or maintenance of
facilities, equipment, or systems.
``(B) Disclosure of vulnerability assessment.--
``(i) In general.--Except as provided in
clause (ii), as a condition of applying for or
receiving a grant under this subsection, the
Administrator may not require an applicant to
provide the Administrator with a copy of a
vulnerability assessment.
``(ii) Exception.--To ensure compliance
with any applicable Federal grant requirement,
the Administrator or a designee of the
Administrator--
``(I) may request and view a copy
of a vulnerability assessment
associated with a grant under this
section; but
``(II) shall not take possession or
control of the copy.
``(C) Responsibility of administrator.--Not later
than December 31, 2006, the Administrator, in
consultation with appropriate Federal law enforcement
and intelligence officials, shall incorporate into
existing protocols for protection of sensitive
information a method by which the Administrator will
protect from unauthorized disclosure vulnerability
assessment information viewed by the Administrator or a
designee of the Administrator pursuant to subparagraph
(B)(ii).
``(D) Penalties.--
``(i) In general.--Except as provided in
clause (ii), any individual who views a
vulnerability assessment, a reproduction of a
vulnerability assessment, or any information
derived from a vulnerability assessment,
pursuant to subparagraph (B)(ii) and who
knowingly or recklessly reveals the
vulnerability assessment, reproduction, or
information other than to the Administrator or
an individual designated by the Administrator,
or for use in an administrative or judicial
proceeding to impose a penalty for failure to
comply with this section, shall, on
conviction--
``(I) be imprisoned for not more
than 1 year or fined in accordance with
chapter 227 of title 18, United States
Code, as applicable to class A
misdemeanors, or both; and
``(II) be removed from Federal
office or employment.
``(ii) Exception.--Notwithstanding clause
(i), a designee of the Administrator who is an
officer or employee of the United States may
discuss with any State or local government
official the contents of a vulnerability
assessment viewed under this paragraph.
``(E) Effect of paragraph.--Nothing in this
paragraph authorizes any person to withhold any
information from Congress or any committee or
subcommittee of Congress.
``(4) False certifications.--An applicant that knowingly
submits to the Administrator a false certification or material
statement under this subsection shall be subject to a criminal
penalty under section 309(c)(4).
``(5) Exemption under foia and related laws.--Except for
information in a certification under this subsection
identifying the system for which the certification is submitted
and the date of certification of the system, all information
contained in a vulnerability assessment certified by an
applicant or derived from a vulnerability assessment under this
section shall be exempt from the disclosure requirements
under--
``(A) section 552 of title 5, United States Code
(commonly known as the `Freedom of Information Act');
and
``(B) any State or local law providing for public
access to information.
``(d) Grant Amounts.--
``(1) Federal share.--The Federal share of the cost of an
activity funded by a grant under subsection (b) shall not
exceed 50 percent, as determined by the Administrator.
``(2) Maximum amount.--The total amount of grants made
under subsection (b) for any publicly owned treatment works
shall not exceed $100,000, as determined by the Administrator.
``(e) Technical Assistance for Small Publicly Owned Treatment
Works.--
``(1) Definition of small publicly owned treatment works.--
In this subsection, the term `small publicly owned treatment
works' means a publicly owned treatment works that services a
population of fewer than 10,000 individuals.
``(2) Security assessment and planning assistance.--
``(A) In general.--The Administrator, in
coordination with the States, may provide technical
guidance and assistance to small publicly owned
treatment works for--
``(i) the conduct of a vulnerability
assessment, emergency response plan, or site
security plan; and
``(ii) the implementation of security
enhancements to reduce vulnerabilities
identified in a vulnerability assessment.
``(B) Inclusions.--Technical guidance and
assistance provided under subparagraph (A) may include
technical assistance programs, training, and
preliminary engineering evaluations.
``(3) Participation by nonprofit organizations.--The
Administrator may provide grants to nonprofit organizations to
assist in accomplishing the purposes of this subsection.
``(f) Refinement of Vulnerability Assessment Methodology for
Publicly Owned Treatment Works.--
``(1) Grants.--The Administrator may provide to nonprofit
organizations 1 or more grants to be used in improving
vulnerability self-assessment methodologies and tools for
publicly owned treatment works, including publicly owned
treatment works that are part of a combined public wastewater
treatment and water supply system.
``(2) Eligible activities.--A grant provided under this
subsection may be used--
``(A) to develop and distribute vulnerability self-
assessment methodology software upgrades;
``(B) to improve and enhance critical technical and
user support functions;
``(C) to expand libraries of information addressing
threats and countermeasures; and
``(D) to implement user training initiatives.
``(3) Cost.--A service described in paragraph (2) that is
funded by a grant under this subsection shall be provided at no
cost to the recipients of the service.
``(g) Training Grants.--
``(1) In general.--The Administrator may provide grants to
nonprofit organizations to be used in accordance with paragraph
(2) to implement a comprehensive training program for treatment
works or privately owned utilities that principally treat
municipal wastewater.
``(2) Eligible activities.--A grant provided under
paragraph (1) may be used--
``(A) to develop and implement a training program
to assist treatment works in--
``(i) conducting vulnerability assessments
using vulnerability self-assessment methodology
software;
``(ii) developing emergency response plans;
and
``(iii) identifying security enhancements,
including operational adjustments and design
practices; and
``(B) to develop and disseminate to treatment works
information on best practices for emergency response
plans and security enhancements, including operational
adjustments and design practices.
``(3) Cost.--Training and technical assistance provided
pursuant to a grant under paragraph (1) shall be provided at no
cost to the recipients of the assistance.
``(h) Authorization of Appropriations.--There is authorized to be
appropriated--
``(1) $200,000,000 for use in making grants under
subsection (b), to remain available until expended;
``(2) $15,000,000 for use in providing assistance under
subsections (e) and (g); and
``(3) to carry out subsection (f), $1,000,000 for each of
fiscal years 2007 through 2011.''.
SEC. 3. RESEARCH AND REVIEW OF COLLECTION SYSTEMS AND TREATMENT WORKS.
Title II of the Federal Water Pollution Control Act (33 U.S.C. 1281
et seq.) (as amended by section 2) is amended by adding at the end the
following:
``SEC. 223. RESEARCH AND REVIEW OF COLLECTION SYSTEMS AND TREATMENT
WORKS.
``(a) Definition of Collection System.--In this section, the term
`collection system' means the underground network of sewers, including
sanitary and storm water collection lines.
``(b) Research and Review.--The Administrator, in consultation with
appropriate Federal agencies, shall conduct research and a review, or
enter into a contract or cooperative agreement for the conduct of
research and a review, of--
``(1) means of providing alternative processes to convey,
treat, and dispose of wastewater if a disruption of service
event (as defined in section 222) occurs;
``(2) the means by which the collection system of a
treatment works could--
``(A) be used to convey hazardous chemicals or
substances (including explosive devices), including a
comprehensive analysis of the types of hazardous
chemicals, substances, and explosive devices that could
be placed in the collection system; and
``(B) be secured in response to an intentional
harmful act;
``(3) methods for monitoring--
``(A) the collection system of a treatment works
for hazardous chemicals or substances, including
explosive devices; and
``(B) unauthorized entry into the collection system
of a treatment works; and
``(4) treatment technologies, including the affordability,
effectiveness, and limitations of each treatment technology.
``(c) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $5,000,000 for each of fiscal
years 2007 through 2011.''.
Calendar No. 625
109th CONGRESS
2d Session
S. 2781
[Report No. 109-345]
_______________________________________________________________________
A BILL
To amend the Federal Water Pollution Control Act to enhance the
security of wastewater treatment works.
_______________________________________________________________________
September 21, 2006
Reported with an amendment