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:

222.

Wastewater treatment works security

(a)

Definitions

In this section: (1)

Disruption of service event

The term disruption of service event means a natural disaster or event, or a terrorist attack or other intentional act, that— (A)substantially disrupts the ability of a treatment works to provide safe and reliable— (i)conveyance and treatment of wastewater; (ii)disposal of effluent; or (iii)storage of any potentially hazardous chemical used to treat wastewater; (B)damages critical infrastructure associated with a treatment works; (C)has a substantial adverse effect on the environment as a result of harm caused to a treatment works; or (D)otherwise poses a significant threat to public health or safety as a result of harm caused to a treatment works. (2)

Emergency response plan

(A)

In general

The term emergency response plan means a plan or set of plans developed by or in cooperation with a treatment works that may include the procedures the treatment works will use when a disruption of service event occurs, including procedures for ensuring continued service and protection of the public health and environment. (B)

Inclusions

The term emergency response plan includes a plan or set of plans that may describe, for a case in which a disruption of service event occurs— (i)the means by which a publicly owned treatment works will provide information regarding risks to— (I)the media; (II)municipal emergency personnel; (III)health officials; (IV)the general public; (V)Federal and State environmental authorities; and (VI)other potentially impacted water utilities; (ii)the means by which a publicly owned treatment works will limit contamination of public water supplies, including temporary treatment and other mitigation measures; (iii)the means by which a publicly owned treatment works will address contaminants entering the treatment works or its collection system, including any contaminants added by emergency response personnel in responding to a natural disaster or terrorist event; (iv)the means by which a publicly owned treatment works will secure backup generation if a loss of power accompanies the disruption of service event; or (v)any additional means of collecting or treating wastewater. (C)

Certain other plans

The term emergency response plan may include— (i)an emergency response plan conducted in accordance with a Federal statute that addresses each element identified under subparagraphs (A) and (B); and (ii)an emergency response plan in existence on the date of enactment of this section that is modified to include each element identified under subparagraphs (A) and (B). (3)

Site security plan

The term site security plan means a plan to implement, to the maximum extent practicable, changes at a treatment works based on information in a vulnerability assessment to address risks posed by a disruption of service event. (4)

Vulnerability assessment

(A)

In general

The term vulnerability assessment means an assessment of the vulnerability of a treatment works to a disruption of service event. (B)

Inclusions

The term vulnerability assessment may include— (i)a characterization of the treatment works, including, with respect to the treatment works— (I)mission and objective; (II)customer base; (III)the facilities that comprise the treatment works, including— (aa)the collection system; (bb)the pumping station; (cc)the power supply; (dd)electronic and computer systems; and (ee)chemical containers; (IV)processes; and (V)assets for achieving treatment works objectives; (ii)an identification and prioritization of adverse consequences to avoid at the treatment works, including— (I)substantial disruptions of service; (II)economic impacts; (III)loss of life; and (IV)negative health consequences for staff at the treatment works; (iii)an identification of adverse consequences to the public health and safety and the environment and natural resources; (iv)a determination of critical assets of the treatment works that may be subject to a disruption of service event, including— (I)pumping stations; (II)power sources; (III)electronic and computer systems; and (IV)disinfection processes; (v)an assessment of— (I)the qualitative probability of a disruption of service event; and (II)whether the disruption of service event is the result of a natural or an intentional occurrence; (vi)an evaluation of existing countermeasures relating to the treatment works; and (vii)an analysis of current risk relating to the treatment works and the development of a prioritized plan for risk reduction at the treatment works. (b)

Grants for Vulnerability Assessments and Security Enhancements

The Administrator may provide grants to any State, municipality, intermunicipal or interstate agency, or privately owned utility that principally treats municipal wastewater— (1)to conduct a vulnerability assessment of a publicly owned treatment works; (2)to implement security enhancements described in subsection (c)(1) to reduce vulnerabilities identified in a vulnerability assessment; (3)for the development, expansion, or upgrading of an emergency response plan and site security plan; and (4)for the voluntary creation by a State or network of treatment works of, or voluntary participation by a treatment works in, a mutual aid and emergency network preparedness agreement developed in accordance with the National Incident Management System established pursuant to presidential directive number 5 of the Department of Homeland Security. (c)

Grants for Security Enhancements

(1)

Security enhancements

On certification by a State, municipality, intermunicipal or interstate agency, or privately owned utility that principally treats municipal wastewater that a vulnerability assessment has been completed for a treatment works, and that the security enhancement for which assistance is sought is for the purpose of reducing vulnerabilities of the treatment works identified in the vulnerability assessment, the Administrator may provide grants under this subsection to the State, municipality, intermunicipal or interstate agency, or privately owned utility. (2)

Uses of grant funds

The eligible uses for grant funds provided under paragraph (1) may include— (A)the purchase and installation of equipment for materials and activities relating to access control, intrusion prevention and delay, and detection of intruders and hazardous or dangerous substances, including— (i)barriers, fencing, and gates; (ii)security lighting and cameras; (iii)metal grates, wire mesh, and outfall entry barriers; (iv)securing of manhole covers and fill and vent pipes; (v)installation and rekeying of doors and locks; and (vi)smoke, chemical, and explosive mixture detection systems; (B)the conduct of an activity to improve the security for electronic, computer, or other automated systems and remote security systems, including— (i)controlling access to those systems; (ii)intrusion detection and prevention; and (iii)system backup; (C)participation in a training program, and the purchase of training manuals and guidance material, relating to security; and (D)the conduct of security screening of employees or contractor support services. (3)

Limitations

(A)

Use of funds

A grant provided under subsection (b) shall not be used for— (i)payment of personnel costs; or (ii)operation or maintenance of facilities, equipment, or systems. (B)

Disclosure of vulnerability assessment

(i)

In general

Except as provided in clause (ii), as a condition of applying for or receiving a grant under this subsection, the Administrator may not require an applicant to provide the Administrator with a copy of a vulnerability assessment. (ii)

Exception

To ensure compliance with any applicable Federal grant requirement, the Administrator or a designee of the Administrator— (I)may request and view a copy of a vulnerability assessment associated with a grant under this section; but (II)shall not take possession or control of the copy. (C)

Responsibility of administrator

Not later than December 31, 2006, the Administrator, in consultation with appropriate Federal law enforcement and intelligence officials, shall incorporate into existing protocols for protection of sensitive information a method by which the Administrator will protect from unauthorized disclosure vulnerability assessment information viewed by the Administrator or a designee of the Administrator pursuant to subparagraph (B)(ii). (D)

Penalties

(i)

In general

Except as provided in clause (ii), any individual who views a vulnerability assessment, a reproduction of a vulnerability assessment, or any information derived from a vulnerability assessment, pursuant to subparagraph (B)(ii) and who knowingly or recklessly reveals the vulnerability assessment, reproduction, or information other than to the Administrator or an individual designated by the Administrator, or for use in an administrative or judicial proceeding to impose a penalty for failure to comply with this section, shall, on conviction— (I)be imprisoned for not more than 1 year or fined in accordance with chapter 227 of title 18, United States Code, as applicable to class A misdemeanors, or both; and (II)be removed from Federal office or employment. (ii)

Exception

Notwithstanding clause (i), a designee of the Administrator who is an officer or employee of the United States may discuss with any State or local government official the contents of a vulnerability assessment viewed under this paragraph. (E)

Effect of paragraph

Nothing in this paragraph authorizes any person to withhold any information from Congress or any committee or subcommittee of Congress. (4)

False certifications

An applicant that knowingly submits to the Administrator a false certification or material statement under this subsection shall be subject to a criminal penalty under section 309(c)(4). (5)

Exemption under foia and related laws

Except for information in a certification under this subsection identifying the system for which the certification is submitted and the date of certification of the system, all information contained in a vulnerability assessment certified by an applicant or derived from a vulnerability assessment under this section shall be exempt from the disclosure requirements under— (A)section 552 of title 5, United States Code (commonly known as the Freedom of Information Act); and (B)any State or local law providing for public access to information. (d)

Grant Amounts

(1)

Federal share

The Federal share of the cost of an activity funded by a grant under subsection (b) shall not exceed 50 percent, as determined by the Administrator. (2)

Maximum amount

The total amount of grants made under subsection (b) for any publicly owned treatment works shall not exceed $100,000, as determined by the Administrator. (e)

Technical Assistance for Small Publicly Owned Treatment Works

(1)

Definition of small publicly owned treatment works

In this subsection, the term small publicly owned treatment works means a publicly owned treatment works that services a population of fewer than 10,000 individuals. (2)

Security assessment and planning assistance

(A)

In general

The Administrator, in coordination with the States, may provide technical guidance and assistance to small publicly owned treatment works for— (i)the conduct of a vulnerability assessment, emergency response plan, or site security plan; and (ii)the implementation of security enhancements to reduce vulnerabilities identified in a vulnerability assessment. (B)

Inclusions

Technical guidance and assistance provided under subparagraph (A) may include technical assistance programs, training, and preliminary engineering evaluations. (3)

Participation by nonprofit organizations

The Administrator may provide grants to nonprofit organizations to assist in accomplishing the purposes of this subsection. (f)

Refinement of Vulnerability Assessment Methodology for Publicly Owned Treatment Works

(1)

Grants

The Administrator may provide to nonprofit organizations 1 or more grants to be used in improving vulnerability self-assessment methodologies and tools for publicly owned treatment works, including publicly owned treatment works that are part of a combined public wastewater treatment and water supply system. (2)

Eligible activities

A grant provided under this subsection may be used— (A)to develop and distribute vulnerability self-assessment methodology software upgrades; (B)to improve and enhance critical technical and user support functions; (C)to expand libraries of information addressing threats and countermeasures; and (D)to implement user training initiatives. (3)

Cost

A service described in paragraph (2) that is funded by a grant under this subsection shall be provided at no cost to the recipients of the service. (g)

Training Grants

(1)

In general

The Administrator may provide grants to nonprofit organizations to be used in accordance with paragraph (2) to implement a comprehensive training program for treatment works or privately owned utilities that principally treat municipal wastewater. (2)

Eligible activities

A grant provided under paragraph (1) may be used— (A)to develop and implement a training program to assist treatment works in— (i)conducting vulnerability assessments using vulnerability self-assessment methodology software; (ii)developing emergency response plans; and (iii)identifying security enhancements, including operational adjustments and design practices; and (B)to develop and disseminate to treatment works information on best practices for emergency response plans and security enhancements, including operational adjustments and design practices. (3)

Cost

Training and technical assistance provided pursuant to a grant under paragraph (1) shall be provided at no cost to the recipients of the assistance. (h)

Authorization of Appropriations

There is authorized to be appropriated— (1)$200,000,000 for use in making grants under subsection (b), to remain available until expended; (2)$15,000,000 for use in providing assistance under subsections (e) and (g); and (3)to carry out subsection (f), $1,000,000 for each of fiscal years 2007 through 2011.