[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 1995 Introduced in Senate (IS)]








109th CONGRESS
  1st Session
                                S. 1995

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           November 10, 2005

 Mr. Jeffords (for himself, Mr. Lautenberg, Mrs. Boxer, and Mr. Obama) 
introduced the following bill; which was read twice and referred to the 
               Committee on Environment and Public Works

_______________________________________________________________________

                                 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 2005''.

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) Alternative approach.--
                    ``(A) In general.--The term `alternative approach' 
                means a method of preventing or reducing--
                            ``(i) the threat of a harmful intentional 
                        act; or
                            ``(ii) the consequences of a harmful 
                        intentional act.
                    ``(B) Inclusions.--The term `alternative approach' 
                includes--
                            ``(i) an approach at a treatment works 
                        that--
                                    ``(I) uses smaller quantities, or 
                                less hazardous forms, of substances of 
                                concern;
                                    ``(II) replaces a substance of 
                                concern with a less hazardous 
                                substance; or
                                    ``(III) uses a process that is less 
                                hazardous; and
                            ``(ii) with respect to a treatment works 
                        that uses chlorine for disinfection, an 
                        approach that considers the use of sodium 
                        hypochlorite, ozone, ultraviolet radiation, and 
                        other appropriate treatment chemicals that are 
                        less hazardous than chlorine.
            ``(2) Consideration.--The term `consideration', with 
        respect to the consideration of an alternative approach, 
        includes consideration of--
                    ``(A) the benefits and risks of the alternative 
                approach;
                    ``(B) the potential for the alternative approach to 
                prevent or reduce the threat or the consequences of a 
                harmful intentional act, including hazards to human 
                health and the environment (as described in section 
                112(r)(7)(B) of the Clean Air Act (42 U.S.C. 
                7412(r)(7)(B));
                    ``(C) the cost and technical feasibility of the 
                alternative approach; and
                    ``(D) the effect of the alternative approach on 
                employee safety.
            ``(3) Emergency response plan.--The term `emergency 
        response plan' means a plan developed by a treatment works that 
        describes the procedures to be followed by the treatment works 
        in the event of a harmful intentional act, including a 
        description of, at a minimum, particular equipment, plans, and 
        procedures that could be implemented or used by or at the 
        treatment works in the event of a harmful intentional act.
            ``(4) Harmful intentional act.--The term `harmful 
        intentional act' means a terrorist attack or other intentional 
        act carried out upon a treatment works that is intended--
                    ``(A) to substantially disrupt the ability of the 
                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.
            ``(5) Owner or operator.--The term `owner or operator' 
        means any individual or entity that owns, leases, operates, 
        controls, or supervises a treatment works.
            ``(6) Site security plan.--The term `site security plan' 
        means a plan to ensure or enhance, to the maximum extent 
        practicable, the security of a treatment works that includes--
                    ``(A) security enhancements to significantly reduce 
                the vulnerability of the treatment works covered by the 
                plan to a harmful intentional act;
                    ``(B) consideration of alternative approaches and, 
                where practicable in the judgment of the owner or 
                operator of the treatment works, implementation of 
                options to reduce the threat or consequences of a 
                harmful intentional act through the use of alternative 
                approaches;
                    ``(C) a certification by the owner or operator of 
                the treatment works that alternative approaches were 
                considered;
                    ``(D) a description of the alternative approaches 
                selected, if any; and
                    ``(E) an explanation of the reasons why particular 
                alternative approaches were not selected.
            ``(7) Substance of concern.--The term `substance of 
        concern' means--
                    ``(A) any regulated substance (as defined in 
                section 112(r) of the Clean Air Act (42 U.S.C. 
                7412(r)); and
                    ``(B) any substance designated by the Administrator 
                under subsection (j).
            ``(8) Vulnerability assessment.--
                    ``(A) In general.--The term `vulnerability 
                assessment' means an assessment of the vulnerability of 
                a treatment works to a harmful intentional act.
                    ``(B) Inclusions.--The term `vulnerability 
                assessment' includes--
                            ``(i) 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 waste;
                                    ``(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
                            ``(ii) 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 clause (i).
    ``(b) Grants for Vulnerability Assessments, Site Security Plans, 
Emergency Response Plans, Security Enhancements, Alternative 
Approaches, and Technical Assistance.--
            ``(1) In general.--The Administrator may provide grants to 
        a treatment works, State, municipality, or intermunicipal or 
        interstate agency--
                    ``(A) to conduct a vulnerability assessment of a 
                treatment works;
                    ``(B) to prepare and implement a site security 
                plan;
                    ``(C) to prepare an emergency response plan;
                    ``(D) to implement security enhancements described 
                in subsection (c) and other security enhancements to 
                reduce vulnerabilities identified in a vulnerability 
                assessment for treatment works that have--
                            ``(i) completed a vulnerability assessment;
                            ``(ii) complied with subsection (e); and
                            ``(iii) received a certificate of approval 
                        from the Administrator under subsection 
                        (e)(2)(B);
                    ``(E) to implement security enhancements described 
                in subsection (c) and other security enhancements to 
                reduce vulnerabilities identified in a vulnerability 
                assessment for treatment works that do not meet the 
                criteria described in subparagraph (D);
                    ``(F) to implement alternative approaches at a 
                treatment works, such as the use of an alternative 
                treatment chemical, that would reduce the threat or 
                consequences of a harmful intentional act; and
                    ``(G) to obtain technical assistance in carrying 
                out any of subparagraphs (A) through (F).
            ``(2) Grant amounts.--
                    ``(A) Federal share.--The Federal share of the cost 
                of an activity funded by a grant under paragraph (1) 
                shall not exceed 55 percent, as determined by the 
                Administrator.
                    ``(B) Maximum amount.--The total amount of grants 
                made under subparagraphs (A), (B), (C), (E), (F), and 
                (G) of paragraph (1) for any treatment works shall not 
                exceed $150,000, as determined by the Administrator, 
                except in a case in which the Administrator determines 
                that additional funds are appropriate, given the threat 
                level and potential impact on human health, welfare, 
                environment, critical infrastructure, and national 
                security.
            ``(3) Priority.--The Administrator shall give--
                    ``(A) priority for the provision of grants under 
                this subsection to treatment works described in 
                paragraph (1) that apply for grants under subsection 
                (c); and
                    ``(B) first priority for grants under subsection 
                (c) to treatment works that have completed 
                vulnerability assessments.
    ``(c) Grants for Security Enhancements.--
            ``(1) Security enhancements.--The Administrator may provide 
        grants to the applicant under subparagraphs (D) and (E) of 
        subsection (b)(1) 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 activities to improve the 
                security of 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; and
                    ``(C) participation in training programs, and the 
                purchase of training manuals and guidance material, 
                relating to security.
            ``(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;
                            ``(ii) as appropriate, submit the 
                        certificate of approval of the Administrator 
                        for the appropriate treatment works under 
                        subsection (e)(2)(B); and
                            ``(iii) obtain approval of the application 
                        by the Administrator.
            ``(4) Limitations.--A grant provided under subsection (b) 
        shall not be used for--
                    ``(A) payment of personnel costs; or
                    ``(B) operation or maintenance of facilities, 
                equipment, or systems.
            ``(5) Authorization of appropriations.--
                    ``(A) In general.--There are authorized to be 
                appropriated to provide grants under subsection (b) 
                $225,000,000, of which--
                            ``(i) $25,000,000 shall be used for grants 
                        under subparagraphs (A), (B), and (C) of 
                        subsection (b)(1);
                            ``(ii) $150,000,000 shall be used for 
                        grants under subparagraphs (D) and (F) of 
                        subsection (b)(1);
                            ``(iii) $25,000,000 shall be used for 
                        grants under subsection (b)(1)(E); and
                            ``(iv) $25,000,000 shall be used for grants 
                        under subsection (b)(1)(G).
                    ``(B) Availability.--Amounts made available under 
                this paragraph shall remain available until expended.
    ``(d) Requirement.--
            ``(1) In general.--Not later than 1 year after the date of 
        enactment of this section, the Administrator shall promulgate 
        regulations that require the owner or operator of each 
        treatment works--
                    ``(A) to conduct a vulnerability assessment for the 
                treatment works;
                    ``(B) to prepare and implement a site security plan 
                for the treatment works that addresses the results of 
                the vulnerability assessment;
                    ``(C) to prepare an emergency response plan for the 
                treatment works that addresses the results of the 
                vulnerability assessment; and
                    ``(D) to review and update the vulnerability 
                assessment, site security plan, and emergency response 
                plan.
            ``(2) Regulations.--Not later than 1 year after the date of 
        enactment of this section, the Administrator shall promulgate 
        regulations establishing procedures, protocols, and standards 
        for vulnerability assessments, site security plans, and 
        emergency response plans.
            ``(3) Guidance to small entities.--Not later than 1 year 
        after the date of enactment of this section, the Administrator 
        shall issue guidance to assist small entities in complying with 
        paragraph (1) and regulations promulgated under that paragraph.
            ``(4) Threat information.--To the maximum extent 
        practicable under applicable authority and in the interests of 
        national security, the Administrator shall provide to each 
        owner or operator of a treatment works required to prepare a 
        vulnerability assessment, site security plan, and emergency 
        response plan threat information that is relevant to the 
        treatment works, including notification of any elevated threat 
        with respect to the treatment works.
            ``(5) Coordinated assessments and plans.--The regulations 
        promulgated under paragraph (1) shall permit the development 
        and implementation of coordinated vulnerability assessments, 
        site security plans, and emergency response plans in any case 
        in which more than 1 treatment works is operating at a single 
        location or at contiguous locations, including a case in 
        which--
                    ``(A) a treatment works is under the control of 
                more than 1 owner or operator; or
                    ``(B) a treatment works is operating with a 
                community water system covered by sections 1433 through 
                1435 of the Safe Drinking Water Act (42 U.S.C. 300iq-2 
                through 300i-4), at a single location or at contiguous 
                locations, including a case in which a treatment works 
                is under the control of more than 1 owner or operator.
    ``(e) Certification and Submission.--
            ``(1) In general.--Each owner or operator of a treatment 
        works shall certify in writing to the Administrator that the 
        owner or operator has, in accordance with this section 
        (including regulations promulgated under this section)--
                    ``(A) completed a vulnerability assessment;
                    ``(B) prepared and implemented or is implementing a 
                site security plan; and
                    ``(C) prepared and implemented an emergency 
                response plan.
            ``(2) Submission.--
                    ``(A) In general.--Not later than 18 months after 
                the date of promulgation of regulations under 
                subsection (d)(1), an owner or operator of a treatment 
                works shall provide to the Administrator for review 
                copies of the vulnerability assessment, site security 
                plan, and emergency response plan of the treatment 
                works.
                    ``(B) Public certificate of approval.--
                            ``(i) In general.--Not later than 2 years 
                        after the date on which the Administrator 
                        receives the vulnerability assessment, site 
                        security plan, and emergency response plan of a 
                        treatment works under subparagraph (A), the 
                        Administrator shall determine whether the 
                        treatment works is in compliance with the 
                        requirements of this section (including 
                        paragraph (1) and regulations promulgated under 
                        this section).
                            ``(ii) Certificate.--If the Administrator 
                        determines that the treatment works is in 
                        compliance with the requirements of this 
                        section (including paragraph (1) and 
                        regulations promulgated under this section), 
                        the Administrator shall provide to the 
                        treatment works and make available for public 
                        inspection a certificate of approval that 
                        contains the following statement (in which 
                        statement the first bracketed space shall 
                        include the name of the treatment works and the 
                        second bracketed space shall include the Public 
                        Law number assigned to this Act):
                `[________] is in compliance with Public Law 
                [_______].'.
                            ``(iii) Determination of noncompliance.--If 
                        the Administrator determines under clause (i) 
                        that a treatment works is not in compliance 
                        with the requirements of this section 
                        (including paragraph (1) and regulations 
                        promulgated under this section), the 
                        Administrator may issue an order requiring the 
                        certification and submission of a vulnerability 
                        assessment, site security plan, or emergency 
                        response plan in accordance with this section.
                            ``(iv) Enforcement.--If the Administrator 
                        determines under clause (i) that, after 
                        receiving an order from the Administrator 
                        requiring the certification and submission of a 
                        vulnerability assessment, site security plan, 
                        or emergency response plan in accordance with 
                        this section, a treatment works is not in 
                        compliance with the requirements of this 
                        section (including paragraph (1) and the 
                        regulations promulgated under this section), 
                        the Administrator may issue an order or file a 
                        civil action requiring the treatment works to 
                        comply with those requirements.
            ``(3) Oversight.--The Administrator shall, at such times 
        and places as the Administrator determines to be appropriate, 
        conduct or require the conduct or submission of vulnerability 
        assessments, site security plans, emergency response plans, and 
        other activities (including third-party audits) to ensure, to 
        the maximum extent practicable, and evaluate compliance with 
        this section (including paragraph (1) and regulations 
        promulgated under this section).
    ``(f) Protection of Information.--
            ``(1) Disclosure exemption.--Except with respect to any 
        certification, description, or explanation referred to in 
        subparagraph (C), (D), or (E), respectively, of subsection 
        (a)(6) and certifications specified in subsection 
        (e)(2)(B)(ii), all vulnerability assessments, site security 
        plans, and emergency response plans obtained in accordance with 
        this subtitle, all grant applications relating to vulnerability 
        assessments and security enhancements (including grant 
        applications submitted in accordance with regulations 
        promulgated to carry out this section), and all information 
        derived from those vulnerability assessments, site security 
        plans, emergency response plans, and applications (including 
        information shared with Federal, State, and local government 
        entities), shall be exempt from disclosure under--
                    ``(A) section 552 of title 5, United States Code; 
                and
                    ``(B) any State or local law providing for public 
                access to information.
            ``(2) Development of protocols.--
                    ``(A) In general.--The Administrator, in 
                consultation with the Director of the Office of 
                Management and Budget and appropriate Federal law 
                enforcement and intelligence officials, and in a manner 
                consistent with existing protections for sensitive or 
                classified information, shall by regulation establish 
                confidentiality protocols for maintenance and use of 
                information that is obtained from owners or operators 
                of treatment works and provided to the Administrator 
                under this title.
                    ``(B) Requirements for protocols.--A protocol 
                established under subparagraph (A) shall ensure, to the 
                maximum extent practicable, that--
                            ``(i) each copy of a vulnerability 
                        assessment, site security plan, or emergency 
                        response plan submitted to the Administrator, 
                        all information contained in or derived from 
                        that assessment or plan, and other related 
                        information is maintained in a secure location; 
                        and
                            ``(ii) except as provided in paragraph 
                        (1)(B), or as necessary for judicial 
                        enforcement, access to the copies of the 
                        vulnerability assessments, site security plans, 
                        and emergency response plans submitted to the 
                        Administrator, and other related information 
                        shall be limited to persons designated by the 
                        Administrator.
            ``(3) Disclosure in civil proceedings.--In any Federal or 
        State civil or administrative proceeding in which a person 
        seeks to compel the disclosure or the submission as evidence of 
        sensitive information contained in the vulnerability 
        assessments, site security plans, or emergency response plans 
        required by subsection (a) or (b) and is not otherwise subject 
        to disclosure under other provisions or law--
                    ``(A) the information sought may be submitted to 
                the court under seal; and
                    ``(B) the court, or any other person, shall not 
                disclose the information to any person until the court, 
                in consultation with the Administrator, determines that 
                the disclosure of the information does not pose a 
                threat to public security or endanger the life or 
                safety of any person.
            ``(4) Penalties for unauthorized disclosure.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B), any person that is in possession of 
                or acquires any information described in paragraph 
                (2)(A) (including any reproduction of that information 
                or any information derived from that information), and 
                that knowingly or recklessly discloses the 
                information--
                            ``(i) shall be fined under chapter 227 of 
                        title 18, United States Code (applicable to 
                        class A misdemeanors);
                            ``(ii) if the person is a Federal employee, 
                        shall be removed from Federal office or 
                        employment; and
                            ``(iii) if the person is an organization 
                        (as defined in section 113(c)(5)(E) of the 
                        Clean Air Act (42 U.S.C. 7413(c)(5)(E)), shall 
                        be fined not more than $1,000,000.
                    ``(B) Exceptions.--
                            ``(i) In general.--Subparagraph (A) shall 
                        not apply to a person described in that 
                        subparagraph that discloses information 
                        described in paragraph (2)(A)--
                                    ``(I) to an individual designated 
                                by the Administrator under paragraph 
                                (2)(B)(ii); or
                                    ``(II) for use in any 
                                administrative or judicial proceeding 
                                to impose a penalty for failure to 
                                comply with requirements of this 
                                subtitle.
                            ``(ii) Law enforcement officials and first 
                        responders.--Notwithstanding subparagraph (A), 
                        an individual referred to in paragraph 
                        (2)(B)(ii) who is an officer or employee of the 
                        United States may share with a State or local 
                        law enforcement or other official (including a 
                        first responder) the contents of a 
                        vulnerability assessment, emergency response 
                        plan, or site security plan, or other 
                        information described in that paragraph, to the 
                        extent disclosure is necessary to carry out 
                        this subtitle.
            ``(5) No effect on other disclosure.--Nothing in this 
        subtitle affects the handling, treatment, or disclosure of 
        information obtained from treatment works under any other law.
    ``(g) Emergency Powers.--
            ``(1) Definition of emergency threat.--In this subsection, 
        the term `emergency threat' means a threat of a harmful 
        intentional act that could affect a treatment works--
                    ``(A) that is beyond the scope of the site security 
                plan as implemented at the treatment works;
                    ``(B) the likelihood of the immediate occurrence of 
                which is high;
                    ``(C) the consequences of which would be severe; 
                and
                    ``(D) based on the factors described in 
                subparagraphs (A) through (C), would not be 
                appropriately and reasonably addressed, or addressed in 
                a timely manner, by the Administrator under subsections 
                (d) and (e).
            ``(2) Initiation of action.--
                    ``(A) In general.--If the Administrator (in 
                consultation with State and local law enforcement 
                officials) determines that an emergency threat exists, 
                the Administrator may bring a civil action in United 
                States district court to immediately require each 
                treatment works potentially affected by the new 
                emergency threat to take such actions as are necessary 
                to respond to the new emergency threat.
                    ``(B) Notice and participation.--The Administrator 
                shall provide to each treatment works that is the 
                subject of a civil action under subparagraph (A)--
                            ``(i) notice of any injunctive relief to 
                        compel compliance with this subsection that is 
                        being sought; and
                            ``(ii) an opportunity to participate in any 
                        proceedings relating to the civil action.
            ``(3) Emergency orders.--
                    ``(A) In general.--If the Administrator determines 
                that it is not practicable to ensure prompt action to 
                protect public safety from a new emergency threat by 
                commencing a civil action under paragraph (2), the 
                Administrator may issue such orders as are necessary to 
                ensure public safety.
                    ``(B) Consultation.--Before issuing an order under 
                subparagraph (A), the Administrator shall--
                            ``(i) attempt to confirm the accuracy of 
                        the information on which the action proposed to 
                        be taken is based; and
                            ``(ii) consult with State and local law 
                        enforcement officials.
            ``(4) Authorization of appropriations.--There is authorized 
        to be appropriated to carry out this subsection, $15,000,000, 
        to remain available until expended.
    ``(h) Technical Assistance for Small Treatment Works.--
            ``(1) Definition of small treatment works.--In this 
        subsection, the term `small treatment works' means a treatment 
        works that serves 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 treatment works for--
                            ``(i) the conduct of a vulnerability 
                        assessment;
                            ``(ii) the preparation of an emergency 
                        response plan;
                            ``(iii) the preparation and implementation 
                        of a site security plan; and
                            ``(iv) 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.
            ``(4) Authorization of appropriations.--There is authorized 
        to be appropriated to carry out this subsection, $1,000,000 for 
        each of fiscal years 2006 through 2010, to remain available 
        until expended.
    ``(i) 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.
            ``(4) Authorization of appropriations.--There is authorized 
        to be appropriated to carry out this subsection, $1,000,000 for 
        each of fiscal years 2006 through 2010, to remain available 
        until expended.
    ``(j) Designation and Regulation of Additional Substances of 
Concern by the Administrator Relating to Wastewater Treatment Works.--
            ``(1) In general.--Not later than 1 year after the date of 
        enactment of this section, the Administrator, in consultation 
        with Federal, State, and local agencies responsible for 
        planning for and responding to unauthorized releases and 
        providing emergency health care, may promulgate regulations to 
        designate certain additional substances of concern based on the 
        severity of the threat posed by an unauthorized release from 
        the treatment works.
            ``(2) Factors to be considered.--In designating additional 
        substances of concern under paragraph (1), the Administrator 
        shall consider, with respect to the substance under 
        consideration--
                    ``(A) the severity of the harm that could be caused 
                by an unauthorized release;
                    ``(B) proximity to population centers;
                    ``(C) threats to national security;
                    ``(D) threats to critical infrastructure;
                    ``(E) threshold quantities that pose a serious 
                threat; and
                    ``(F) such other safety or security factors as the 
                Administrator determines to be appropriate.
            ``(3) Review and revisions.--Not later than 5 years after 
        the date of promulgation of regulations under paragraph (1), 
        the Administrator shall review the regulations and make any 
        necessary revisions.''.

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) Definition of Harmful Intentional Act.--In this section, the 
term `harmful intentional act' has the meaning given the term in 
section 222.
    ``(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 
        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 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, 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 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 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, to the maximum extent practicable, that 
        the review reflects the needs of 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 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 2006 through 
2010.''.

SEC. 4. CONFORMING AMENDMENT.

    Section 309(a)(1) of the Federal Water Pollution Control Act is 
amended in the first sentence by striking ``section 402 or 404'' and 
inserting the following: ``section 222, 402, or 404''.
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