[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 1968 Introduced in Senate (IS)]







110th CONGRESS
  1st Session
                                S. 1968

  To provide for security at public water systems and publicly owned 
                            treatment works.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             August 2, 2007

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

_______________________________________________________________________

                                 A BILL


 
  To provide for security at public water systems and publicly owned 
                            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 ``Water Security Act of 2007''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Administrator.--The term ``Administrator'' means the 
        Administrator of the Environmental Protection Agency.
            (2) Community water system.--The term ``community water 
        system'' has the meaning given the term in section 1401 of the 
        Safe Drinking Water Act (42 U.S.C. 300f).
            (3) Disruption of service event.--The term ``disruption of 
        service event'' means a natural disaster or event, or a 
        terrorist attack or other intentional or accidental harmful 
        act, that--
                    (A) substantially disrupts the ability of a 
                treatment works or community water system to provide 
                safe and reliable--
                            (i) conveyance and treatment of wastewater;
                            (ii) disposal of effluent;
                            (iii) storage of any potentially hazardous 
                        chemical used to treat wastewater or drinking 
                        water; or
                            (iv) distribution of drinking water;
                    (B) damages critical infrastructure associated with 
                a treatment works or community water system;
                    (C) has a substantial adverse effect on the 
                environment as a result of harm caused to a treatment 
                works or community water system; or
                    (D) otherwise poses a significant threat to public 
                health or safety as a result of harm caused to a 
                treatment works or community water system.
            (4) Treatment works.--The term ``treatment works'' has the 
        meaning given the term in section 212 of the Federal Water 
        Pollution Control Act (33 U.S.C. 1292).

SEC. 3. TREATMENT WORKS AND COMMUNITY WATER SYSTEMS SECURITY.

    (a) Definitions.--In this section:
            (1) 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 or community water 
                system that may include the procedures the treatment 
                works or community water system 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.--
                            (i) Publicly owned treatment works.--With 
                        respect to a publicly owned treatment works, 
                        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--
                                            (aa) the media;
                                            (bb) municipal emergency 
                                        personnel;
                                            (cc) health officials;
                                            (dd) the general public;
                                            (ee) Federal and State 
                                        environmental authorities; and
                                            (ff) 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.
                            (ii) Community water system.--With respect 
                        to a community water system, the term 
                        ``emergency response plan'' includes the 
                        elements described in section 1433(b) of the 
                        Safe Drinking Water Act (42 U.S.C. 300i-2(b)).
                    (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 Act 
                        that is modified to include each element 
                        identified under subparagraphs (A) and (B).
            (2) Site security plan.--The term ``site security plan'' 
        means a plan for risk reduction or any other plan to implement, 
        to the maximum extent practicable, changes at a treatment works 
        or community water system based on information in a 
        vulnerability assessment to address risks posed by a disruption 
        of service event.
            (3) Vulnerability assessment.--
                    (A) Treatment works.--
                            (i) In general.--With respect to a 
                        treatment works, the term ``vulnerability 
                        assessment'' means an assessment of the 
                        vulnerability of a treatment works to a 
                        disruption of service event.
                            (ii) Inclusions.--With respect to a 
                        treatment works, the term ``vulnerability 
                        assessment'' may include--
                                    (I) a characterization of the 
                                treatment works, including, with 
                                respect to the treatment works--
                                            (aa) mission and objective;
                                            (bb) customer base;
                                            (cc) 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;

                                            (dd) processes; and
                                            (ee) assets for achieving 
                                        treatment works objectives;
                                    (II) an identification and 
                                prioritization of adverse consequences 
                                to avoid at the treatment works, 
                                including--
                                            (aa) substantial 
                                        disruptions of service;
                                            (bb) economic impacts;
                                            (cc) loss of life; and
                                            (dd) 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--
                                            (aa) pumping stations;
                                            (bb) power sources;
                                            (cc) electronic and 
                                        computer systems; and
                                            (dd) disinfection 
                                        processes;
                                    (V) an assessment of--
                                            (aa) the qualitative 
                                        probability of a disruption of 
                                        service event; and
                                            (bb) 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) Community water system.--With respect to a 
                community water system, the term ``vulnerability 
                assessment'' means an assessment conducted in 
                accordance with section 1433(a) of the Safe Drinking 
                Water Act (42 U.S.C. 300i-2(a)).
    (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, or that 
principally provides municipal drinking water--
            (1) to conduct or update a vulnerability assessment of a 
        publicly owned treatment works or a community water system;
            (2) to implement security enhancements 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 or community water system 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) Community water system grants.--
                    (A) In general.--On certification by the owner or 
                operator of a community water system that a 
                vulnerability assessment has been conducted for the 
                community water system in accordance with section 
                1433(a) of the Safe Drinking Water Act (42 U.S.C. 300i-
                2(a)), and that the security enhancement for which 
                assistance is sought is for the purpose of reducing 
                vulnerabilities of the community water system 
                identified in the vulnerability assessment, the 
                Administrator may provide a grant under this section 
                for the community water system.
                    (B) Treatment of certain certification.--A 
                certification provided to the Administrator under 
                section 1433 of the Safe Drinking Water Act (42 U.S.C. 
                300i-2) shall be considered to satisfy the 
                certification requirement under subparagraph (A).
            (3) Joint wastewater and drinking water facilities.--A 
        facility that is both a treatment works and a community water 
        system may--
                    (A) conduct a single assessment of both the 
                facilities; and
                    (B) submit a single certification to meet the 
                requirements of paragraphs (1) and (2).
            (4) Limitations.--
                    (A) Use of funds.--A grant provided under this 
                subsection or 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, 2008, 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) of the Federal Water Pollution 
        Control Act (33 U.S.C. 1319(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 Requirements.--
            (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) Minimum number of grants.--The Administrator shall 
        ensure that grants under this section are provided to more than 
        1 grant applicant.
    (e) Technical Assistance for Small Publicly Owned Treatment 
Works.--
            (1) Definitions.--In this subsection:
                    (A) Small community water system.--The term ``small 
                community water system'' means a community water system 
                that services a population of fewer than 10,000 
                individuals.
                    (B) Small publicly owned treatment works.--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 and 
                small community water systems 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 and Community Water Systems.--
            (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 or community water systems.
            (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--
                    (A) treatment works or privately owned utilities 
                that principally treat municipal wastewater; or
                    (B) community water systems.
            (2) Eligible activities.--A grant provided under paragraph 
        (1) may be used--
                    (A) to develop and implement a training program to 
                assist treatment works and community water systems in--
                            (i) conducting vulnerability assessments 
                        using vulnerability self-assessment methodology 
                        software;
                            (ii) developing emergency response plans; 
                        and
                            (iii) identifying security enhancements; 
                        and
                    (B) to develop and disseminate to treatment works 
                or community water system information on best practices 
                for emergency response plans and security enhancements.
            (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.

SEC. 4. RESEARCH AND REVIEW OF COLLECTION SYSTEMS AND DISTRIBUTION 
              SYSTEMS.

    (a) Definitions.--In this section:
            (1) Collection system.--The term ``collection system'' 
        means the underground network of sewers, including sanitary and 
        storm water collection lines.
            (2) Distribution system.--The term ``distribution system'' 
        means the underground network of pipes that deliver drinking 
        water from a community water system to consumers.
    (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 occurs;
            (2) in coordination with assessments carried out under 
        section 1434 of the Safe Drinking Water Act (42 U.S.C. 300i-3), 
        the means of providing alternative processes to treat and 
        deliver drinking water if a disruption of service event occurs;
            (3) 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 to prevent and respond to an 
                intentional harmful act;
            (4) the means by which a distribution system of a community 
        water system could be compromised to allow the delivery of any 
        hazardous chemical or substance;
            (5) methods for monitoring--
                    (A) the collection systems of treatment works and 
                the distribution systems of community water systems for 
                hazardous chemicals or substances, including explosive 
                devices; and
                    (B) unauthorized entry into the collection systems 
                of treatment works and the distribution systems of 
                community water systems; and
            (6) strategies for recovery from, and restoration of 
        services after, a disruption of service event.
    (c) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $5,000,000 for each of fiscal 
years 2007 through 2011.
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