[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 2781 Introduced in Senate (IS)]








109th CONGRESS
  2d Session
                                S. 2781

    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

_______________________________________________________________________

                                 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 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) 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
            ``(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.--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).
            ``(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.--
                            ``(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.
            ``(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).
            ``(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--
                    ``(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; 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) 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 
        subsection (e); and
            ``(3) to carry out subsection (f), $1,000,000 for each of 
        fiscal years 2006 through 2010.''.

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 2006 through 2010.''.
                                 <all>