[Congressional Record Volume 149, Number 67 (Wednesday, May 7, 2003)]
[House]
[Pages H3703-H3705]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




            WASTEWATER TREATMENT WORKS SECURITY ACT OF 2003

  Mr. DUNCAN. Mr. Speaker, I move to suspend the rules and pass the 
bill (H.R. 866) to amend the Federal Water Pollution Control Act to 
enhance the security of wastewater treatment works.
  The Clerk read as follows:

                                H.R. 866

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

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

     SEC. 2. WASTEWATER TREATMENT WORKS SECURITY.

       Title II of the Federal Water Pollution Control Act (33 
     U.S.C. 1281 et seq.) is amended by adding at the end the 
     following:

     ``SEC. 222. WASTEWATER TREATMENT WORKS SECURITY.

       ``(a) Grants for Vulnerability Assessments and Security 
     Enhancements.--The Administrator may make grants to a State, 
     municipality, or intermunicipal or interstate agency--
       ``(1) to conduct a vulnerability assessment of a publicly 
     owned treatment works;
       ``(2) to implement security enhancements listed in 
     subsection (c)(1) to reduce vulnerabilities identified in a 
     vulnerability assessment; and
       ``(3) to implement additional security enhancements to 
     reduce vulnerabilities identified in a vulnerability 
     assessment.
       ``(b) Vulnerability Assessments.--
       ``(1) Definition.--In this section, the term `vulnerability 
     assessment' means an assessment of the vulnerability of a 
     treatment works to actions intended to--
       ``(A) substantially disrupt the ability of the treatment 
     works to safely and reliably operate; or
       ``(B) have a substantial adverse effect on critical 
     infrastructure, public health or safety, or the environment.
       ``(2) Identification of methods to reduce 
     vulnerabilities.--A vulnerability assessment includes 
     identification of procedures, countermeasures, and equipment 
     that the treatment works can implement or utilize to reduce 
     the identified vulnerabilities.
       ``(3) Review.--A vulnerability assessment shall include a 
     review of the vulnerability of the treatment works's--
       ``(A) facilities, systems, and devices used in the storage, 
     treatment, recycling, or reclamation of municipal sewage or 
     industrial wastes;
       ``(B) intercepting sewers, outfall sewers, sewage 
     collection systems, and other constructed conveyances;
       ``(C) electronic, computer, and other automated systems;
       ``(D) pumping, power, and other equipment;
       ``(E) use, storage, and handling of various chemicals; and
       ``(F) operation and maintenance procedures.
       ``(c) Grants for Security Enhancements.--
       ``(1) Preapproved security enhancements.--Upon 
     certification by an applicant that a vulnerability assessment 
     has been completed for a treatment works and that the 
     security enhancement for which assistance is sought is to 
     reduce vulnerabilities of the treatment works identified in 
     the assessment, the Administrator may make grants to the 
     applicant under subsection (a)(2) for 1 or more of the 
     following:
       ``(A) Purchase and installation of equipment for 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 re-keying of doors and locks; and
       ``(vi) smoke, chemical, and explosive mixture detection 
     systems.
       ``(B) Security improvements to electronic, computer, or 
     other automated systems and remote security systems, 
     including controlling access to such systems, intrusion 
     detection and prevention, and system backup.
       ``(C) Participation in training programs and the purchase 
     of training manuals and guidance materials relating to 
     security.
       ``(D) Security screening of employees or contractor support 
     services.
       ``(2) Additional security enhancements.--
       ``(A) Grants.--The Administrator may make grants under 
     subsection (a)(3) to an applicant for additional security 
     enhancements not listed in paragraph (1).

[[Page H3704]]

       ``(B) Eligibility.--To be eligible for a grant under this 
     paragraph, an applicant shall submit an application to the 
     Administrator containing such information as the 
     Administrator may request.
       ``(3) Limitations.--
       ``(A) Use of funds.--Grants under subsections (a)(2) and 
     (a)(3) may not be used for personnel costs or operation or 
     maintenance of facilities, equipment, or systems.
       ``(B) Disclosure of vulnerability assessment.--As a 
     condition of applying for or receiving a grant under this 
     section, the Administrator may not require an applicant to 
     provide the Administrator with a copy of a vulnerability 
     assessment.
       ``(d) Grant Amounts.--
       ``(1) Federal share.--The Federal share of the cost of 
     activities funded by a grant under subsection (a) may not 
     exceed 75 percent.
       ``(2) Maximum amount.--The total amount of grants made 
     under subsections (a)(1) and (a)(2) for one publicly owned 
     treatment works shall not exceed $150,000.
       ``(e) Technical Assistance for Small Publicly Owned 
     Treatment Works.--
       ``(1) Security assessment and planning assistance.--The 
     Administrator, in coordination the States, may provide 
     technical guidance and assistance to small publicly owned 
     treatment works on conducting a vulnerability assessment and 
     implementation of security enhancements to reduce 
     vulnerabilities identified in a vulnerability assessment. 
     Such assistance may include technical assistance programs, 
     training, and preliminary engineering evaluations.
       ``(2) Participation by nonprofit organizations.--The 
     Administrator may make grants to nonprofit organizations to 
     assist in accomplishing the purposes of this subsection.
       ``(3) Small publicly owned treatment works defined.--In 
     this subsection, the term `small publicly owned treatment 
     works' means a publicly owned treatment works that services a 
     population of fewer than 20,000 persons.
       ``(f) Authorization of Appropriations.--There is authorized 
     to be appropriated to the Administrator--
       ``(1) $200,000,000 for making grants under subsection (a); 
     and
       ``(2) $15,000,000 for providing technical assistance under 
     subsection (e).
     Such sums shall remain available until expended.''.

     SEC. 3. REFINEMENT OF VULNERABILITY ASSESSMENT METHODOLOGY 
                   FOR PUBLICLY OWNED TREATMENT WORKS.

       (a) Grants.--The Administrator of the Environmental 
     Protection Agency may make grants to a nonprofit organization 
     for the improvement of 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.
       (b) Eligible Activities.--Grants provided under this 
     section may be used for developing and distributing 
     vulnerability self-assessment methodology software upgrades, 
     improving and enhancing critical technical and user support 
     functions, expanding libraries of information addressing both 
     threats and countermeasures, and implementing user training 
     initiatives. Such services shall be provided at no cost to 
     recipients.
       (c) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section $1,000,000 for 
     each of the fiscal years 2003 through 2007. Such sums shall 
     remain available until expended.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Tennessee (Mr. Duncan) and the gentleman from Illinois (Mr. Costello) 
each will control 20 minutes.
  The Chair recognizes the gentleman from Tennessee (Mr. Duncan).
  Mr. DUNCAN. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I rise in strong support of H.R. 866, The Wastewater 
Treatment Works Security Act of 2003.
  The terrorist attacks on September 11, 2001, made the identification 
and protection of critical infrastructure a national priority and 
taught our Nation to take a broader look at our vulnerabilities. A good 
deal of planning and protection of our Nation's critical infrastructure 
is now under way as a result of these tragic events. But only limited 
attention has been given to security issues associated with our 
Nation's wastewater treatment plants.
  Sewer pipes form a vast underground network that could provide a 
terrorist with access to many public buildings, urban centers, private 
businesses, residential neighborhoods, military installations, and 
transportation systems. A wastewater treatment system itself could also 
be a target of an attack with significant public health and 
environmental impacts.
  H.R. 866 will help communities across the country address these 
security concerns by authorizing, first, $200 million for grants to 
wastewater utilities to conduct vulnerability assessments and implement 
security enhancements at their facilities; secondly, $15 million for 
technical assistance to small wastewater facilities on security 
measures; and, thirdly, $5 million for the further development and 
refinement of vulnerability self-assessment methodologies and tools for 
use by wastewater facilities.
  These authorizations are designed to help wastewater treatment 
utilities take immediate and very necessary steps to improve security 
at their facilities and to fill a remaining major security gap within 
our Nation's critical infrastructure.
  These authorizations do not create a new, ongoing infrastructure 
assistance program or create any new Federal mandates. The Association 
of Metropolitan sewerage agencies and the National Rural Water 
Association strongly support this legislation, as do utilities from 
cities throughout the Nation.
  This is the same bill the House passed by voice vote in the last 
Congress. Unfortunately, the Senate failed to act on it.
  I urge all Members to support this very important and very bipartisan 
bill to improve our Nation's security.
  Mr. Speaker, I reserve the balance of my time.

                              {time}  1115

  Mr. COSTELLO. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I rise in strong support of H.R. 866, the Wastewater 
Treatment Work Security Act of 2003. This legislation, which is 
virtually the same as legislation that was approved by the 107th 
Congress by voice vote, would authorize $200 million in grants from the 
Environmental Protection Agency to State and local governmental 
entities to conduct vulnerability assessments of wastewater treatment 
facilities and to take steps to reduce identified vulnerabilities.
  This legislation is similar to the approach taken for the 
vulnerability assessments of drinking water facilities in the 
bioterrorism legislation that was signed into law.
  Mr. Speaker, in the wake of September 11 we have learned that the 
Nation's wastewater treatment plants are potentially vulnerable to 
terrorist attacks. While most plants have treatment redundancies, many 
plants have single points of failure, where two or more pipes feed into 
a common interceptor or have a large common pumping station serving the 
entire system.
  Significant damage to one or more of the Nation's largest wastewater 
treatment plants or pumping stations would not only cause disruption to 
the normal community way of life, it would have serious environmental 
consequences.
  While the largest impact might not be the loss of life, the discharge 
of millions and perhaps billions of gallons of raw sewage into the 
Nation's rivers and lakes would result in catastrophic environmental 
damage to the ecosystem and recreational economies, destroy commercial 
fish and shellfish industries, contaminate drinking water supplies, and 
lead to long-term public health problems.
  In order to alleviate these concerns, under H.R. 866 the EPA would be 
authorized to provide grants for three purposes: One, to conduct 
vulnerability assessments at publicly owned treatment works; two, to 
implement certain preapproved security enhancements that have been 
identified in vulnerability assessment; and, three, to implement any 
other security enhancement measures identified in a vulnerability 
assessment.
  This legislation would also authorize $15 million to provide 
technical assistance to small communities, those serving fewer than 
20,000 individuals, and $1 million annually for 5 years for development 
and dissemination of computer software to aid in vulnerability 
assessment.
  Finally, Mr. Speaker, the funding provisions for vulnerability 
assessments and security enhancements contained in this legislation 
have been drafted as an amendment to the Clean Water Act with the 
intent of ensuring that the Davis-Bacon Act would apply to any 
federally funded work that meets the definition of construction.
  This approach was confirmed through staff conversations with 
representative of the Environmental Protection Agency in the 107th 
Congress.
  Mr. Speaker, I urge my colleagues to support this legislation. I urge 
passage of this legislation and commend the chairman of the committee 
for his leadership on this bill.

[[Page H3705]]

  Mr. Speaker, I have no further speakers, and I yield back the balance 
of my time.
  Mr. DUNCAN. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I thank the gentleman from Illinois (Mr. Costello) for 
his work on this legislation. The ranking member, as he said, is a very 
good friend of mine and he is a pleasure to work with on this 
subcommittee.
  This bill, as I mentioned in my first statement, is strongly 
supported by wastewater utility systems all over the entire Nation. 
This Nation has 16,000 wastewater utility systems. These grants would 
probably be most applicable to the 2,000 larger utilities. There is a 
$150,000 cap per grant in this legislation and that is so a small 
handful of cities cannot gobble up all of this money and so it will be 
spread very effectively throughout the Nation to do this very important 
security work.
  This bill provides for 75 percent Federal share of this money and 
then, of course, there would be a local participation for the remainder 
of the amount, and the total authorization of the bill, as both I and 
the gentleman from Illinois (Mr. Costello) have noted, is $220 million, 
$15 million of which would go for technical assistance to the smaller 
utilities.
  We have written this legislation so that there is no Davis-Bacon 
issue or any other controversial issue, and I think this legislation 
has strong and broad bipartisan support, strong support from both sides 
of the aisle. It is cosponsored both by the gentleman from Alaska (Mr. 
Young) and the ranking member, the gentleman from Minnesota (Mr. 
Oberstar) and myself and the gentleman from Illinois (Mr. Costello). I 
think it is a measure that deserves and can justify and merit the 
support of all Members of this body.
  Mr. YOUNG of Alaska. Mr. Speaker, I rise in strong support of H.R. 
866, ``The Wastewater Treatment Works Security Act of 2003.'' Our 
nation's wastewater infrastructure consists of: 16,000 publicly owned 
wastewater treatment plants, 100,000 major pumping stations, 600,000 
miles of sanitary sewers, and 200,000 miles of storm sewers. Taken 
together, our wastewater infrastructure has a total value of more than 
$2 trillion.
  Significant damage to our nation's wastewater facilities could result 
in loss of life, catastrophic environmental damage, contamination of 
drinking water supplies, long term public health impacts, destruction 
of fish and shellfish production, and disruption to commerce, the 
economy, and our nation's way of life.
  We need to protect our investment in our wastewater infrastructure 
and be sure it is not used to harm our people, property, or the 
environment.
  H.R. 866 is aimed at filling a remaining major security gap involving 
our nation's critical infrastructure:
  H.R. 866 provides for assistance to wastewater utilities by 
authorizing critical resources they need to conduct vulnerability 
assessments and implement security enhancements at their facilities.
  H.R. 866 also provides for technical assistance directed to small 
communities on enhancing security at their wastewater plants.
  For these reasons, I urge all members to support this bill.
  Mr. DUNCAN. Mr. Speaker, I yield back the balance of my time.
  The SPEAKER pro tempore (Mr. Bass). The question is on the motion 
offered by the gentleman from Tennessee (Mr. Duncan) that the House 
suspend the rules and pass the bill, H.R. 866.
  The question was taken.
  The SPEAKER pro tempore. In the opinion of the Chair, two-thirds of 
those present have voted in the affirmative.
  Mr. DUNCAN. Mr. Speaker, on that I demand the yeas and nays.
  The yeas and nays were ordered.
  The SPEAKER pro tempore. Pursuant to clause 8 of rule XX and the 
Chair's prior announcement, further proceedings on this motion will be 
postponed.

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