[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5169 Engrossed in House (EH)]


  2d Session

                               H. R. 5169

_______________________________________________________________________

                                 AN ACT

    To amend the Federal Water Pollution Control Act to enhance the 
                security of wastewater treatment works.
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
107th CONGRESS
  2d Session
                                H. R. 5169

_______________________________________________________________________

                                 AN ACT


 
    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,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Wastewater Treatment Works Security 
Act of 2002''.

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) Grants for Vulnerability Assessments and Security 
Enhancements.--The Administrator may make grants to a State, 
municipality, or intermunicipal or interstate agency--
            ``(1) to conduct a vulnerability assessment of a publicly 
        owned treatment works;
            ``(2) to implement security enhancements listed in 
        subsection (c)(1) to reduce vulnerabilities identified in a 
        vulnerability assessment; and
            ``(3) to implement additional security enhancements to 
        reduce vulnerabilities identified in a vulnerability 
        assessment.
    ``(b) Vulnerability Assessments.--
            ``(1) Definition.--In this section, the term `vulnerability 
        assessment' means an assessment of the vulnerability of a 
        treatment works to actions intended to--
                    ``(A) substantially disrupt the ability of the 
                treatment works to safely and reliably operate; or
                    ``(B) have a substantial adverse effect on critical 
                infrastructure, public health or safety, or the 
                environment.
            ``(2) Identification of methods to reduce 
        vulnerabilities.--A vulnerability assessment includes 
        identification of procedures, countermeasures, and equipment 
        that the treatment works can implement or utilize to reduce the 
        identified vulnerabilities.
            ``(3) Review.--A vulnerability assessment shall include a 
        review of the vulnerability of the treatment work's--
                    ``(A) facilities, systems, and devices used in the 
                storage, treatment, recycling, or reclamation of 
                municipal sewage or industrial wastes;
                    ``(B) intercepting sewers, outfall sewers, sewage 
                collection systems, and other constructed conveyances;
                    ``(C) electronic, computer, and other automated 
                systems;
                    ``(D) pumping, power, and other equipment;
                    ``(E) use, storage, and handling of various 
                chemicals; and
                    ``(F) operation and maintenance procedures.
    ``(c) Grants for Security Enhancements.--
            ``(1) Preapproved security enhancements.--Upon 
        certification by an applicant that the applicant has completed 
        a vulnerability assessment for a treatment works and that the 
        security enhancement for which assistance is sought is to 
        reduce vulnerabilities of the treatment works identified in the 
        assessment, the Administrator may make grants to the applicant 
        under subsection (a)(2) for 1 or more of the following:
                    ``(A) Purchase and installation of equipment for 
                access control, intrusion prevention and delay, and 
                detection of intruders and hazardous or dangerous 
                substances, including--
                            ``(i) barriers, fencing, and gates;
                            ``(ii) security lighting and cameras;
                            ``(iii) metal grates, wire mesh, and 
                        outfall entry barriers;
                            ``(iv) securing of manhole covers and fill 
                        and vent pipes;
                            ``(v) installation and re-keying of doors 
                        and locks; and
                            ``(vi) smoke, chemical, and explosive 
                        mixture detection systems.
                    ``(B) Security improvements to electronic, 
                computer, or other automated systems and remote 
                security systems, including controlling access to such 
                systems, intrusion detection and prevention, and system 
                backup.
                    ``(C) Participation in training programs and the 
                purchase of training manuals and guidance materials 
                relating to security.
                    ``(D) Security screening of employees or contractor 
                support services.
            ``(2) Additional security enhancements.--
                    ``(A) Grants.--The Administrator may make grants 
                under subsection (a)(3) to an applicant for additional 
                security enhancements not listed in paragraph (1).
                    ``(B) Eligibility.--To be eligible for a grant 
                under this paragraph, an applicant shall submit an 
                application to the Administrator containing such 
                information as the Administrator may request.
            ``(3) Limitations.--
                    ``(A) Use of funds.--Grants under subsections 
                (a)(2) and (a)(3) may not be used for personnel costs 
                or operation or maintenance of facilities, equipment, 
                or systems.
                    ``(B) Disclosure of vulnerability assessment.--As a 
                condition of applying for or receiving a grant under 
                this section, the Administrator may not require an 
                applicant to provide the Administrator with a copy of a 
                vulnerability assessment.
    ``(d) Grant Amounts.--
            ``(1) Federal share.--The Federal share of the cost of 
        activities funded by a grant under subsection (a) may not 
        exceed 75 percent.
            ``(2) Maximum amount.--The total amount of grants made 
        under subsections (a)(1) and (a)(2) for one publicly owned 
        treatment works shall not exceed $150,000.
    ``(e) Technical Assistance for Small Publicly Owned Treatment 
Works.--
            ``(1) Security assessment and planning assistance.--The 
        Administrator, in coordination the States, may provide 
        technical guidance and assistance to small publicly owned 
        treatment works on conducting a vulnerability assessment and 
        implementation of security enhancements to reduce 
        vulnerabilities identified in a vulnerability assessment. Such 
        assistance may include technical assistance programs, training, 
        and preliminary engineering evaluations.
            ``(2) Participation by nonprofit organizations.--The 
        Administrator may make grants to nonprofit organizations to 
        assist in accomplishing the purposes of this subsection.
            ``(3) Small publicly owned treatment works defined.--In 
        this subsection, the term `small publicly owned treatment 
        works' means a publicly owned treatment works that services a 
        population of fewer than 20,000 persons.
    ``(f) Authorization of Appropriations.--There is authorized to be 
appropriated to the Administrator--
            ``(1) $200,000,000 for making grants under subsection (a); 
        and
            ``(2) $15,000,000 for providing technical assistance under 
        subsection (e).
Such sums shall remain available until expended.''.

SEC. 3. REFINEMENT OF VULNERABILITY ASSESSMENT METHODOLOGY FOR PUBLICLY 
              OWNED TREATMENT WORKS.

    (a) Grants.--The Administrator of the Environmental Protection 
Agency may make grants to a nonprofit organization for the improvement 
of 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.
    (b) Eligible Activities.--Grants provided under this section may be 
used for developing and distributing vulnerability self-assessment 
methodology software upgrades, improving and enhancing critical 
technical and user support functions, expanding libraries of 
information addressing both threats and countermeasures, and 
implementing user t