[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 1039 Reported in Senate (RS)]






                                                       Calendar No. 281
108th CONGRESS
  1st Session
                                S. 1039

                          [Report No. 108-149]

    To amend the Federal Water Pollution Control Act to enhance the 
                security of wastewater treatment works.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 12, 2003

 Mr. Inhofe (for himself and Mr. Crapo) introduced the following bill; 
 which was read twice and referred to the Committee on Environment and 
                              Public Works

                           September 17, 2003

               Reported by Mr. Inhofe, with an amendment
                  [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,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Wastewater Treatment Works Security 
Act of 2003''.

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) Definition of Vulnerability Assessment.--
            ``(1) In general.--In this section, the term `vulnerability 
        assessment' means an assessment of the vulnerability of a 
        treatment works to an unlawful action intended--
                    ``(A) to substantially disrupt the ability of the 
                treatment works to safely and reliably operate; or
                    ``(B) to have a substantial adverse effect on 
                critical infrastructure, public health or safety, or 
                the environment.
            ``(2) Inclusions.--The term `vulnerability assessment' 
        includes--
                    ``(A) a review of the vulnerabilities of the 
                treatment works that identifies, with respect to the 
                treatment works--
                            ``(i) facilities, systems, and devices used 
                        in the storage, treatment, recycling, or 
                        reclamation of municipal sewage or industrial 
                        wastes;
                            ``(ii) intercepting sewers, outfall sewers, 
                        sewage collection systems, and other 
                        constructed conveyances;
                            ``(iii) electronic, computer, and other 
                        automated systems;
                            ``(iv) pumping, power, and other equipment;
                            ``(v) use, storage, and handling of various 
                        chemicals; and
                            ``(vi) operation and maintenance 
                        procedures; and
                    ``(B) the identification of procedures, 
                countermeasures, and equipment that a treatment works 
                may implement or use to reduce the vulnerabilities of 
                the treatment works identified in a review described in 
                subparagraph (A).
    ``(b) Grants for Vulnerability Assessments and Security 
Enhancements.--The Administrator may provide grants to a State, 
municipality, or intermunicipal or interstate agency--
            ``(1) to conduct a vulnerability assessment of a publicly 
        owned treatment works; and
            ``(2) to implement security enhancements described in 
        subsection (c)(1) and other security enhancements to reduce 
        vulnerabilities identified in a vulnerability assessment.
    ``(c) Grants for Security Enhancements.--
            ``(1) Preapproved security enhancements.--Except as 
        provided in paragraph (3), on certification by an applicant 
        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 applicant 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) are--
                    ``(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) Additional security enhancements.--
                    ``(A) Grants.--The Administrator may provide a 
                grant under subsection (b) to an applicant for 
                additional security enhancements not specified in 
                paragraph (2).
                    ``(B) Eligibility.--To be eligible for a grant 
                under this subsection, an applicant shall--
                            ``(i) submit to the Administrator an 
                        application containing a description of the 
                        security enhancement; and
                            ``(ii) obtain approval of the application 
                        by the Administrator.
            ``(4) 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.--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.
    ``(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 75 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 $150,000, 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 20,000 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; 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 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) Authorization of Appropriations.--There is authorized to be 
appropriated, to remain available until expended--
            ``(1) $200,000,000 for use in making grants under 
        subsection (b);
            ``(2) $15,000,000 for use in providing assistance under 
        subsection (e); and
            ``(3) to carry out subsection (f), $1,000,000 for each of 
        fiscal years 2003 through 2007.''.

SEC. 3. RESEARCH AND REVIEW.

    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.

    ``(a) Definitions.--In this section:
            ``(1) Covered treatment works.--The term `covered treatment 
        works' has the meaning given the term `treatment works' in 
        section 212.
            ``(2) Harmful intentional act.--The term `harmful 
        intentional act' means a terrorist attack or other intentional 
        act carried out with respect to a covered treatment works that 
        is intended--
                    ``(A) to substantially disrupt the ability of the 
                covered treatment works to provide safe and reliable--
                            ``(i) conveyance and treatment of 
                        wastewater;
                            ``(ii) disposal of effluent; or
                            ``(iii) storage of a potentially hazardous 
                        chemical used to treat wastewater;
                    ``(B) to damage critical infrastructure;
                    ``(C) to have an adverse effect on the environment; 
                or
                    ``(D) to otherwise pose a significant threat to 
                public health or safety.
    ``(b) Review by Administrator.--Not later than 2 years after the 
date of enactment of this section, the Administrator, in coordination 
with appropriate Federal agencies, shall research and review (or enter 
into a contract or cooperative agreement to provide for research and 
review of)--
            ``(1) means by which terrorists or other individuals or 
        groups could carry out harmful intentional acts; and
            ``(2) means by which alternative processes of conveying, 
        treating, and disposing of wastewater could be provided in the 
        event of the destruction, impairment, or disruption of covered 
        treatment works as the result of harmful intentional acts.
    ``(c) Means of Carrying Out Harmful Intentional Acts.--Means 
referred to in subsection (b)(1) include--
            ``(1) means by which pipes and other constructed 
        conveyances used in covered treatment works could be destroyed 
        or otherwise prevented from providing adequate conveyance, 
        pretreatment, treatment, and disposal of wastewater meeting 
        applicable public health standards;
            ``(2) means by which conveyance, pretreatment, treatment, 
        storage, and disposal facilities used by, or in connection 
        with, covered treatment works could be destroyed or otherwise 
        prevented from providing adequate treatment of wastewater 
        meeting applicable public health standards;
            ``(3) means by which pipes, constructed conveyances, 
        pretreatment, treatment, storage, and disposal systems that are 
        used in connection with treatment works could be altered or 
        affected so as to pose a threat to public health, public 
        safety, or the environment;
            ``(4) means by which pipes, constructed conveyances, 
        pretreatment, treatment, storage, and disposal systems that are 
        used in connection with covered treatment works could be 
        reasonably protected from harmful intentional acts;
            ``(5) means by which pipes, constructed conveyances, 
        pretreatment, treatment, storage, and disposal systems could be 
        reasonably secured from use as a means of transportation by 
        terrorists or other individuals or groups who intend to 
        threaten public health or safety; and
            ``(6) means by which information systems, including process 
        controls and supervisory control, data acquisition, and cyber 
        systems, at covered treatment works could be disrupted by 
        terrorists or other individuals or groups.
    ``(d) Considerations.--In carrying out the review under this 
section, the Administrator--
            ``(1) shall ensure that the review reflects the needs of 
        covered treatment works of various sizes and various geographic 
        areas of the United States; and
            ``(2) may consider the vulnerability of, or potential for 
        forced interruption of service for, a region or service area, 
        including the National Capital Area.
    ``(e) Information Sharing.--As soon as practicable after the review 
carried out under this section has been evaluated by the Administrator, 
the Administrator shall disseminate to covered treatment works 
information on the results of the review through the Information 
Sharing and Analysis Center or other appropriate means.
    ``(f) Funding.--There is authorized to be appropriated to carry out 
this section $15,000,000 for the period of fiscal years 2004 through 
2008.''.




                                                       Calendar No. 281

108th CONGRESS

  1st Session

                                S. 1039

                          [Report No. 108-149]

_______________________________________________________________________

                                 A BILL

    To amend the Federal Water Pollution Control Act to enhance the 
                security of wastewater treatment works.

_______________________________________________________________________

                           September 17, 2003

                       Reported with an amendment