II 

Calendar No. 625 

109TH CONGRESS 

2D SESSION S. 2781 

[Report No. 109–345] 

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 

SEPTEMBER 21, 2006 

Reported by Mr. INHOFE, with an amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 

A BILL 

To amend the Federal Water Pollution Control Act to 

enhance the security of wastewater treatment works. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Wastewater Treatment 

5 Works Security Act of 2006’’. 


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1 SEC. 2. WASTEWATER TREATMENT WORKS SECURITY. 

2 Title II of the Federal Water Pollution Control Act 

3 (33 U.S.C. 1281 et seq.) is amended by adding at the end 

4 the following: 

5 ‘‘SEC. 222. WASTEWATER TREATMENT WORKS SECURITY. 

6 ‘‘(a) DEFINITIONS.—In this section: 

7 ‘‘(1) DISRUPTION OF SERVICE EVENT.—The 

8 term ‘disruption of service event’ means a natural 

9 disaster or event, or a terrorist attack or other in10 tentional act, that— 

11 ‘‘(A) substantially disrupts the ability of a 

12 treatment works to provide safe and reliable— 

13 ‘‘(i) conveyance and treatment of 

14 wastewater; 

15 ‘‘(ii) disposal of effluent; or 

16 ‘‘(iii) storage of any potentially haz17 ardous chemical used to treat wastewater; 

18 ‘‘(B) damages critical infrastructure asso19 ciated with a treatment works; 

20 ‘‘(C) has a substantial adverse effect on 

21 the environment as a result of harm caused to 

22 a treatment works; or 

23 ‘‘(D) otherwise poses a significant threat 

24 to public health or safety as a result of harm 

25 caused to a treatment works. 

26 ‘‘(2) EMERGENCY RESPONSE PLAN.— 


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1 ‘‘(A) IN GENERAL.—The term ‘emergency 

2 response plan’ means a plan or set of plans de3 veloped by or in cooperation with a treatment 

4 works that may include the procedures the 

5 treatment works will use when a disruption of 

6 service event occurs, including procedures for 

7 ensuring continued service and protection of the 

8 public health and environment. 

9 ‘‘(B) INCLUSIONS.—The term ‘emergency 

10 response plan’ includes a plan or set of plans 

11 that may describe, for a case in which a disrup12 tion of service event occurs— 

13 ‘‘(i) the means by which a publicly 

14 owned treatment works will provide infor15 mation regarding risks to— 

16 ‘‘(I) the media; 

17 ‘‘(II) municipal emergency per18 sonnel; 

19 ‘‘(III) health officials; 

20 ‘‘(IV) the general public; 

21 ‘‘(V) Federal and State environ22 mental authorities; and 

23 ‘‘(VI) other potentially impacted 

24 water utilities; 


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1 ‘‘(ii) the means by which a publicly 

2 owned treatment works will limit contami3 nation of public water supplies, including 

4 temporary treatment and other mitigation 

5 measures; 

6 ‘‘(iii) the means by which a publicly 

7 owned treatment works will address con8 taminants entering the treatment works or 

9 its collection system, including any con10 taminants added by emergency response 

11 personnel in responding to a natural dis12 aster or terrorist event; 

13 ‘‘(iv) the means by which a publicly 

14 owned treatment works will secure backup 

15 generation if a loss of power accompanies 

16 the disruption of service event; or 

17 ‘‘(v) any additional means of col18 lecting or treating wastewater. 

19 ‘‘(C) CERTAIN OTHER PLANS.—The term 

20 ‘emergency response plan’ may include— 

21 ‘‘(i) an emergency response plan con22 ducted in accordance with a Federal stat23 ute that addresses each element identified 

24 under subparagraphs (A) and (B); and 


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1 ‘‘(ii) an emergency response plan in 

2 existence on the date of enactment of this 

3 section that is modified to include each ele4 ment identified under subparagraphs (A) 

5 and (B). 

6 ‘‘(3) VULNERABILITY ASSESSMENT.— 

7 ‘‘(A) IN GENERAL.—The term ‘vulner8 ability assessment’ means an assessment of the 

9 vulnerability of a treatment works to a disrup10 tion of service event. 

11 ‘‘(B) INCLUSIONS.—The term ‘vulner12 ability assessment’ may include— 

13 ‘‘(i) a characterization of the treat14 ment works, including, with respect to the 

15 treatment works— 

16 ‘‘(I) mission and objective; 

17 ‘‘(II) customer base; 

18 ‘‘(III) the facilities that comprise 

19 the treatment works, including— 

20 ‘‘(aa) the collection system; 

21 ‘‘(bb) the pumping station; 

22 ‘‘(cc) the power supply; 

23 ‘‘(dd) electronic and com24 puter systems; and 

25 ‘‘(ee) chemical containers; 


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1 ‘‘(IV) processes; and 

2 ‘‘(V) assets for achieving treat3 ment works objectives; 

4 ‘‘(ii) an identification and 

5 prioritization of adverse consequences to 

6 avoid at the treatment works, including— 

7 ‘‘(I) substantial disruptions of 

8 service; 

9 ‘‘(II) economic impacts; 

10 ‘‘(III) loss of life; and 

11 ‘‘(IV) negative health con12 sequences for staff at the treatment 

13 works; 

14 ‘‘(iii) an identification of adverse con15 sequences to the public health and safety 

16 and the environment and natural re17 sources; 

18 ‘‘(iv) a determination of critical assets 

19 of the treatment works that may be subject 

20 to a disruption of service event, includ21 ing— 

22 ‘‘(I) pumping stations; 

23 ‘‘(II) power sources; 

24 ‘‘(III) electronic and computer 

25 systems; and 


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1 ‘‘(IV) disinfection processes; 

2 ‘‘(v) an assessment of— 

3 ‘‘(I) the qualitative probability of 

4 a disruption of service event; and 

5 ‘‘(II) whether the disruption of 

6 service event is the result of a natural 

7 or an intentional occurrence; 

8 ‘‘(vi) an evaluation of existing coun9 termeasures relating to the treatment 

10 works; and 

11 ‘‘(vii) an analysis of current risk relat12 ing to the treatment works and the devel13 opment of a prioritized plan for risk reduc14 tion at the treatment works. 

15 ‘‘(b) GRANTS FOR VULNERABILITY ASSESSMENTS

16 AND SECURITY ENHANCEMENTS.—The Administrator 

17 may provide grants to any State, municipality, intermunic18 ipal or interstate agency, or privately owned utility that 

19 principally treats municipal wastewater— 

20 ‘‘(1) to conduct a vulnerability assessment of a 

21 publicly owned treatment works; 

22 ‘‘(2) to implement security enhancements de23 scribed in subsection (c)(1) and other security en24 hancements to reduce vulnerabilities identified in a 

25 vulnerability assessment; 


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1 ‘‘(3) for the development, expansion, or upgrad2 ing of an emergency response plan; and 

3 ‘‘(4) for the voluntary creation by a State or 

4 network of treatment works of, or voluntary partici5 pation by a treatment works in, a mutual aid and 

6 emergency network preparedness agreement devel7 oped in accordance with the National Incident Man8 agement System established pursuant to presidential 

9 directive number 5 of the Department of Homeland 

10 Security. 

11 ‘‘(c) GRANTS FOR SECURITY ENHANCEMENTS.— 

12 ‘‘(1) PREAPPROVED SECURITY ENHANCE13 MENTS.—Except as provided in paragraph (3), on 

14 certification by a State, municipality, intermunicipal 

15 or interstate agency, or privately owned utility that 

16 principally treats municipal wastewater that a vul17 nerability assessment has been completed for a 

18 treatment works, and that the security enhancement 

19 for which assistance is sought is for the purpose of 

20 reducing vulnerabilities of the treatment works iden21 tified in the vulnerability assessment, the Adminis22 trator may provide grants to the State, municipality, 

23 intermunicipal or interstate agency, or privately 

24 owned utility under subsection (b)(2) for 1 or more 

25 of the uses described in paragraph (2). 


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1 ‘‘(2) USES OF GRANT FUNDS.—The uses re2 ferred to in paragraph (1) are— 

3 ‘‘(A) the purchase and installation of 

4 equipment for materials and activities relating 

5 to access control, intrusion prevention and 

6 delay, and detection of intruders and hazardous 

7 or dangerous substances, including— 

8 ‘‘(i) barriers, fencing, and gates; 

9 ‘‘(ii) security lighting and cameras; 

10 ‘‘(iii) metal grates, wire mesh, and 

11 outfall entry barriers; 

12 ‘‘(iv) securing of manhole covers and 

13 fill and vent pipes; 

14 ‘‘(v) installation and rekeying of doors 

15 and locks; and 

16 ‘‘(vi) smoke, chemical, and explosive 

17 mixture detection systems; 

18 ‘‘(B) the conduct of an activity to improve 

19 the security for electronic, computer, or other 

20 automated systems and remote security sys21 tems, including— 

22 ‘‘(i) controlling access to those sys23 tems; 

24 ‘‘(ii) intrusion detection and preven25 tion; and 


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1 ‘‘(iii) system backup; 

2 ‘‘(C) participation in a training program, 

3 and the purchase of training manuals and guid4 ance material, relating to security; and 

5 ‘‘(D) the conduct of security screening of 

6 employees or contractor support services. 

7 ‘‘(3) ADDITIONAL SECURITY ENHANCE8 MENTS.— 

9 ‘‘(A) GRANTS.—The Administrator may 

10 provide a grant under subsection (b) to an ap11 plicant for additional security enhancements not 

12 specified in paragraph (2). 

13 ‘‘(B) ELIGIBILITY.—To be eligible for a 

14 grant under this subsection, an applicant 

15 shall— 

16 ‘‘(i) submit to the Administrator an 

17 application containing a description of the 

18 security enhancement; and 

19 ‘‘(ii) obtain approval of the applica20 tion by the Administrator. 

21 ‘‘(4) LIMITATIONS.— 

22 ‘‘(A) USE OF FUNDS.—A grant provided 

23 under subsection (b) shall not be used for— 

24 ‘‘(i) payment of personnel costs; or 


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1 ‘‘(ii) operation or maintenance of fa2 cilities, equipment, or systems. 

3 ‘‘(B) DISCLOSURE OF VULNERABILITY AS4 SESSMENT.— 

5 ‘‘(i) IN GENERAL.—Except as pro6 vided in clause (ii), as a condition of apply7 ing for or receiving a grant under this sub8 section, the Administrator may not require 

9 an applicant to provide the Administrator 

10 with a copy of a vulnerability assessment. 

11 ‘‘(ii) EXCEPTION.—To ensure compli12 ance with any applicable Federal grant re13 quirement, the Administrator or a designee 

14 of the Administrator— 

15 ‘‘(I) may request and view a copy 

16 of a vulnerability assessment associ17 ated with a grant under this section; 

18 but 

19 ‘‘(II) shall not take possession or 

20 control of the copy. 

21 ‘‘(C) RESPONSIBILITY OF ADMINIS22 TRATOR.—Not later than December 31, 2006, 

23 the Administrator, in consultation with appro24 priate Federal law enforcement and intelligence 

25 officials, shall incorporate into existing protoVerDate Aug 31 2005 01:54 Sep 22, 2006 Jkt 049200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6401 E:\BILLS\S2781.RS S2781

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1 cols for protection of sensitive information a 

2 method by which the Administrator will protect 

3 from unauthorized disclosure vulnerability as4 sessment information viewed by the Adminis5 trator or a designee of the Administrator pursu6 ant to subparagraph (B)(ii). 

7 ‘‘(D) PENALTIES.— 

8 ‘‘(i) IN GENERAL.—Except as pro9 vided in clause (ii), any individual who 

10 views a vulnerability assessment, a repro11 duction of a vulnerability assessment, or 

12 any information derived from a vulner13 ability assessment, pursuant to subpara14 graph (B)(ii) and who knowingly or reck15 lessly reveals the vulnerability assessment, 

16 reproduction, or information other than to 

17 the Administrator or an individual des18 ignated by the Administrator, or for use in 

19 an administrative or judicial proceeding to 

20 impose a penalty for failure to comply with 

21 this section, shall, on conviction— 

22 ‘‘(I) be imprisoned for not more 

23 than 1 year or fined in accordance 

24 with chapter 227 of title 18, United 


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1 States Code, as applicable to class A 

2 misdemeanors, or both; and 

3 ‘‘(II) be removed from Federal 

4 office or employment. 

5 ‘‘(ii) EXCEPTION.—Notwithstanding 

6 clause (i), a designee of the Administrator 

7 who is an officer or employee of the United 

8 States may discuss with any State or local 

9 government official the contents of a vul10 nerability assessment viewed under this 

11 paragraph. 

12 ‘‘(E) EFFECT OF PARAGRAPH.—Nothing 

13 in this paragraph authorizes any person to 

14 withhold any information from Congress or any 

15 committee or subcommittee of Congress. 

16 ‘‘(5) FALSE CERTIFICATIONS.—An applicant 

17 that knowingly submits to the Administrator a false 

18 certification or material statement under this sub19 section shall be subject to a criminal penalty under 

20 section 309(c)(4). 

21 ‘‘(6) EXEMPTION UNDER FOIA AND RELATED

22 LAWS.—Except for information in a certification 

23 under this subsection identifying the system for 

24 which the certification is submitted and the date of 

25 certification of the system, all information contained 


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1 in a vulnerability assessment certified by an appli2 cant or derived from a vulnerability assessment 

3 under this section shall be exempt from the disclo4 sure requirements under— 

5 ‘‘(A) section 552 of title 5, United States 

6 Code (commonly known as the ‘Freedom of In7 formation Act’); and 

8 ‘‘(B) any State or local law providing for 

9 public access to information. 

10 ‘‘(d) GRANT AMOUNTS.— 

11 ‘‘(1) FEDERAL SHARE.—The Federal share of 

12 the cost of an activity funded by a grant under sub13 section (b) shall not exceed 50 percent, as deter14 mined by the Administrator. 

15 ‘‘(2) MAXIMUM AMOUNT.—The total amount of 

16 grants made under subsection (b) for any publicly 

17 owned treatment works shall not exceed $100,000, 

18 as determined by the Administrator. 

19 ‘‘(e) TECHNICAL ASSISTANCE FOR SMALL PUBLICLY

20 OWNED TREATMENT WORKS.— 

21 ‘‘(1) DEFINITION OF SMALL PUBLICLY OWNED

22 TREATMENT WORKS.—In this subsection, the term 

23 ‘small publicly owned treatment works’ means a 

24 publicly owned treatment works that services a pop25 ulation of fewer than 10,000 individuals. 


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1 ‘‘(2) SECURITY ASSESSMENT AND PLANNING

2 ASSISTANCE.— 

3 ‘‘(A) IN GENERAL.—The Administrator, in 

4 coordination with the States, may provide tech5 nical guidance and assistance to small publicly 

6 owned treatment works for— 

7 ‘‘(i) the conduct of a vulnerability as8 sessment; and 

9 ‘‘(ii) the implementation of security 

10 enhancements to reduce vulnerabilities 

11 identified in a vulnerability assessment. 

12 ‘‘(B) INCLUSIONS.—Technical guidance 

13 and assistance provided under subparagraph 

14 (A) may include technical assistance programs, 

15 training, and preliminary engineering evalua16 tions. 

17 ‘‘(3) PARTICIPATION BY NONPROFIT ORGANIZA18 TIONS.—The Administrator may provide grants to 

19 nonprofit organizations to assist in accomplishing 

20 the purposes of this subsection. 

21 ‘‘(f) REFINEMENT OF VULNERABILITY ASSESSMENT

22 METHODOLOGY FOR PUBLICLY OWNED TREATMENT

23 WORKS.— 

24 ‘‘(1) GRANTS.—The Administrator may provide 

25 to nonprofit organizations 1 or more grants to be 


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1 used in improving vulnerability self-assessment 

2 methodologies and tools for publicly owned treat3 ment works, including publicly owned treatment 

4 works that are part of a combined public wastewater 

5 treatment and water supply system. 

6 ‘‘(2) ELIGIBLE ACTIVITIES.—A grant provided 

7 under this subsection may be used— 

8 ‘‘(A) to develop and distribute vulnerability 

9 self-assessment methodology software upgrades; 

10 ‘‘(B) to improve and enhance critical tech11 nical and user support functions; 

12 ‘‘(C) to expand libraries of information ad13 dressing threats and countermeasures; and 

14 ‘‘(D) to implement user training initiatives. 

15 ‘‘(3) COST.—A service described in paragraph 

16 (2) that is funded by a grant under this subsection 

17 shall be provided at no cost to the recipients of the 

18 service. 

19 ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.—There 

20 is authorized to be appropriated— 

21 ‘‘(1) $200,000,000 for use in making grants 

22 under subsection (b), to remain available until ex23 pended; 

24 ‘‘(2) $15,000,000 for use in providing assist25 ance under subsection (e); and 


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1 ‘‘(3) to carry out subsection (f), $1,000,000 for 

2 each of fiscal years 2006 through 2010.’’. 

3 SEC. 3. RESEARCH AND REVIEW OF COLLECTION SYSTEMS 

4 AND TREATMENT WORKS. 

5 Title II of the Federal Water Pollution Control Act 

6 (33 U.S.C. 1281 et seq.) (as amended by section 2) is 

7 amended by adding at the end the following: 

8 ‘‘SEC. 223. RESEARCH AND REVIEW OF COLLECTION SYS9 TEMS AND TREATMENT WORKS. 

10 ‘‘(a) DEFINITION OF COLLECTION SYSTEM.—In this 

11 section, the term ‘collection system’ means the under12 ground network of sewers, including sanitary and storm 

13 water collection lines. 

14 ‘‘(b) RESEARCH AND REVIEW.—The Administrator, 

15 in consultation with appropriate Federal agencies, shall 

16 conduct research and a review, or enter into a contract 

17 or cooperative agreement for the conduct of research and 

18 a review, of— 

19 ‘‘(1) means of providing alternative processes to 

20 convey, treat, and dispose of wastewater if a disrup21 tion of service event (as defined in section 222) oc22 curs; 

23 ‘‘(2) the means by which the collection system 

24 of a treatment works could— 


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1 ‘‘(A) be used to convey hazardous chemi2 cals or substances (including explosive devices), 

3 including a comprehensive analysis of the types 

4 of hazardous chemicals, substances, and explo5 sive devices that could be placed in the collec6 tion system; and 

7 ‘‘(B) be secured in response to an inten8 tional harmful act; 

9 ‘‘(3) methods for monitoring— 

10 ‘‘(A) the collection system of a treatment 

11 works for hazardous chemicals or substances, 

12 including explosive devices; and 

13 ‘‘(B) unauthorized entry into the collection 

14 system of a treatment works; and 

15 ‘‘(4) treatment technologies, including the af16 fordability, effectiveness, and limitations of each 

17 treatment technology. 

18 ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—There 

19 is authorized to be appropriated to carry out this section 

20 $5,000,000 for each of fiscal years 2006 through 2010.’’. 

21 SECTION 1. SHORT TITLE. 

22 This Act may be cited as the ‘‘Wastewater Treatment 

23 Works Security Act of 2006’’. 


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1 SEC. 2. WASTEWATER TREATMENT WORKS SECURITY. 

2 Title II of the Federal Water Pollution Control Act (33 

3 U.S.C. 1281 et seq.) is amended by adding at the end the 

4 following: 

5 ‘‘SEC. 222. WASTEWATER TREATMENT WORKS SECURITY. 

6 ‘‘(a) DEFINITIONS.—In this section: 

7 ‘‘(1) DISRUPTION OF SERVICE EVENT.—The term 

8 ‘disruption of service event’ means a natural disaster 

9 or event, or a terrorist attack or other intentional act, 

10 that— 

11 ‘‘(A) substantially disrupts the ability of a 

12 treatment works to provide safe and reliable— 

13 ‘‘(i) conveyance and treatment of 

14 wastewater; 

15 ‘‘(ii) disposal of effluent; or 

16 ‘‘(iii) storage of any potentially haz17 ardous chemical used to treat wastewater; 

18 ‘‘(B) damages critical infrastructure associ19 ated with a treatment works; 

20 ‘‘(C) has a substantial adverse effect on the 

21 environment as a result of harm caused to a 

22 treatment works; or 

23 ‘‘(D) otherwise poses a significant threat to 

24 public health or safety as a result of harm caused 

25 to a treatment works. 

26 ‘‘(2) EMERGENCY RESPONSE PLAN.— 


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1 ‘‘(A) IN GENERAL.—The term ‘emergency 

2 response plan’ means a plan or set of plans de3 veloped by or in cooperation with a treatment 

4 works that may include the procedures the treat5 ment works will use when a disruption of service 

6 event occurs, including procedures for ensuring 

7 continued service and protection of the public 

8 health and environment. 

9 ‘‘(B) INCLUSIONS.—The term ‘emergency re10 sponse plan’ includes a plan or set of plans that 

11 may describe, for a case in which a disruption 

12 of service event occurs— 

13 ‘‘(i) the means by which a publicly 

14 owned treatment works will provide infor15 mation regarding risks to— 

16 ‘‘(I) the media; 

17 ‘‘(II) municipal emergency per18 sonnel; 

19 ‘‘(III) health officials; 

20 ‘‘(IV) the general public; 

21 ‘‘(V) Federal and State environ22 mental authorities; and 

23 ‘‘(VI) other potentially impacted 

24 water utilities; 


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1 ‘‘(ii) the means by which a publicly 

2 owned treatment works will limit contami3 nation of public water supplies, including 

4 temporary treatment and other mitigation 

5 measures; 

6 ‘‘(iii) the means by which a publicly 

7 owned treatment works will address con8 taminants entering the treatment works or 

9 its collection system, including any con10 taminants added by emergency response 

11 personnel in responding to a natural dis12 aster or terrorist event; 

13 ‘‘(iv) the means by which a publicly 

14 owned treatment works will secure backup 

15 generation if a loss of power accompanies 

16 the disruption of service event; or 

17 ‘‘(v) any additional means of collecting 

18 or treating wastewater. 

19 ‘‘(C) CERTAIN OTHER PLANS.—The term 

20 ‘emergency response plan’ may include— 

21 ‘‘(i) an emergency response plan con22 ducted in accordance with a Federal statute 

23 that addresses each element identified under 

24 subparagraphs (A) and (B); and 


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1 ‘‘(ii) an emergency response plan in 

2 existence on the date of enactment of this 

3 section that is modified to include each ele4 ment identified under subparagraphs (A) 

5 and (B). 

6 ‘‘(3) SITE SECURITY PLAN.—The term ‘site secu7 rity plan’ means a plan to implement, to the max8 imum extent practicable, changes at a treatment 

9 works based on information in a vulnerability assess10 ment to address risks posed by a disruption of service 

11 event. 

12 ‘‘(4) VULNERABILITY ASSESSMENT.— 

13 ‘‘(A) IN GENERAL.—The term ‘vulnerability 

14 assessment’ means an assessment of the vulner15 ability of a treatment works to a disruption of 

16 service event. 

17 ‘‘(B) INCLUSIONS.—The term ‘vulnerability 

18 assessment’ may include— 

19 ‘‘(i) a characterization of the treatment 

20 works, including, with respect to the treat21 ment works— 

22 ‘‘(I) mission and objective; 

23 ‘‘(II) customer base; 

24 ‘‘(III) the facilities that comprise 

25 the treatment works, including— 


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1 ‘‘(aa) the collection system; 

2 ‘‘(bb) the pumping station; 

3 ‘‘(cc) the power supply; 

4 ‘‘(dd) electronic and com5 puter systems; and 

6 ‘‘(ee) chemical containers; 

7 ‘‘(IV) processes; and 

8 ‘‘(V) assets for achieving treat9 ment works objectives; 

10 ‘‘(ii) an identification and 

11 prioritization of adverse consequences to 

12 avoid at the treatment works, including— 

13 ‘‘(I) substantial disruptions of 

14 service; 

15 ‘‘(II) economic impacts; 

16 ‘‘(III) loss of life; and 

17 ‘‘(IV) negative health consequences 

18 for staff at the treatment works; 

19 ‘‘(iii) an identification of adverse con20 sequences to the public health and safety 

21 and the environment and natural resources; 

22 ‘‘(iv) a determination of critical assets 

23 of the treatment works that may be subject 

24 to a disruption of service event, including— 

25 ‘‘(I) pumping stations; 


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1 ‘‘(II) power sources; 

2 ‘‘(III) electronic and computer 

3 systems; and 

4 ‘‘(IV) disinfection processes; 

5 ‘‘(v) an assessment of— 

6 ‘‘(I) the qualitative probability of 

7 a disruption of service event; and 

8 ‘‘(II) whether the disruption of 

9 service event is the result of a natural 

10 or an intentional occurrence; 

11 ‘‘(vi) an evaluation of existing counter12 measures relating to the treatment works; 

13 and 

14 ‘‘(vii) an analysis of current risk relat15 ing to the treatment works and the develop16 ment of a prioritized plan for risk reduction 

17 at the treatment works. 

18 ‘‘(b) GRANTS FOR VULNERABILITY ASSESSMENTS AND

19 SECURITY ENHANCEMENTS.—The Administrator may pro20 vide grants to any State, municipality, intermunicipal or 

21 interstate agency, or privately owned utility that prin22 cipally treats municipal wastewater— 

23 ‘‘(1) to conduct a vulnerability assessment of a 

24 publicly owned treatment works; 


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1 ‘‘(2) to implement security enhancements de2 scribed in subsection (c)(1) and other security en3 hancements to reduce vulnerabilities identified in a 

4 vulnerability assessment; 

5 ‘‘(3) for the development, expansion, or upgrad6 ing of an emergency response plan and site security 

7 plan; and 

8 ‘‘(4) for the voluntary creation by a State or net9 work of treatment works of, or voluntary participa10 tion by a treatment works in, a mutual aid and 

11 emergency network preparedness agreement developed 

12 in accordance with the National Incident Manage13 ment System established pursuant to presidential di14 rective number 5 of the Department of Homeland Se15 curity. 

16 ‘‘(c) GRANTS FOR SECURITY ENHANCEMENTS.— 

17 ‘‘(1) PREAPPROVED SECURITY ENHANCE18 MENTS.—On certification by a State, municipality, 

19 intermunicipal or interstate agency, or privately 

20 owned utility that principally treats municipal 

21 wastewater that a vulnerability assessment has been 

22 completed for a treatment works, and that the secu23 rity enhancement for which assistance is sought is for 

24 the purpose of reducing vulnerabilities of the treat25 ment works identified in the vulnerability assessment, 


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1 the Administrator may provide grants to the State, 

2 municipality, intermunicipal or interstate agency, or 

3 privately owned utility under subsection (b)(2) for 1 

4 or more of the uses described in paragraph (2). 

5 ‘‘(2) USES OF GRANT FUNDS.—The uses referred 

6 to in paragraph (1) include— 

7 ‘‘(A) the purchase and installation of equip8 ment for materials and activities relating to ac9 cess control, intrusion prevention and delay, and 

10 detection of intruders and hazardous or dan11 gerous substances, including— 

12 ‘‘(i) barriers, fencing, and gates; 

13 ‘‘(ii) security lighting and cameras; 

14 ‘‘(iii) metal grates, wire mesh, and 

15 outfall entry barriers; 

16 ‘‘(iv) securing of manhole covers and 

17 fill and vent pipes; 

18 ‘‘(v) installation and rekeying of doors 

19 and locks; and 

20 ‘‘(vi) smoke, chemical, and explosive 

21 mixture detection systems; 

22 ‘‘(B) the conduct of an activity to improve 

23 the security for electronic, computer, or other 

24 automated systems and remote security systems, 

25 including— 


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1 ‘‘(i) controlling access to those systems; 

2 ‘‘(ii) intrusion detection and preven3 tion; and 

4 ‘‘(iii) system backup; 

5 ‘‘(C) participation in a training program, 

6 and the purchase of training manuals and guid7 ance material, relating to security; and 

8 ‘‘(D) the conduct of security screening of 

9 employees or contractor support services. 

10 ‘‘(3) LIMITATIONS.— 

11 ‘‘(A) USE OF FUNDS.—A grant provided 

12 under subsection (b) shall not be used for— 

13 ‘‘(i) payment of personnel costs; or 

14 ‘‘(ii) operation or maintenance of fa15 cilities, equipment, or systems. 

16 ‘‘(B) DISCLOSURE OF VULNERABILITY AS17 SESSMENT.— 

18 ‘‘(i) IN GENERAL.—Except as provided 

19 in clause (ii), as a condition of applying for 

20 or receiving a grant under this subsection, 

21 the Administrator may not require an ap22 plicant to provide the Administrator with a 

23 copy of a vulnerability assessment. 

24 ‘‘(ii) EXCEPTION.—To ensure compli25 ance with any applicable Federal grant reVerDate Aug 31 2005 01:54 Sep 22, 2006 Jkt 049200 PO 00000 Frm 00027 Fmt 6652 Sfmt 6203 E:\BILLS\S2781.RS S2781

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1 quirement, the Administrator or a designee 

2 of the Administrator— 

3 ‘‘(I) may request and view a copy 

4 of a vulnerability assessment associated 

5 with a grant under this section; but 

6 ‘‘(II) shall not take possession or 

7 control of the copy. 

8 ‘‘(C) RESPONSIBILITY OF ADMINIS9 TRATOR.—Not later than December 31, 2006, the 

10 Administrator, in consultation with appropriate 

11 Federal law enforcement and intelligence offi12 cials, shall incorporate into existing protocols for 

13 protection of sensitive information a method by 

14 which the Administrator will protect from unau15 thorized disclosure vulnerability assessment in16 formation viewed by the Administrator or a des17 ignee of the Administrator pursuant to subpara18 graph (B)(ii). 

19 ‘‘(D) PENALTIES.— 

20 ‘‘(i) IN GENERAL.—Except as provided 

21 in clause (ii), any individual who views a 

22 vulnerability assessment, a reproduction of 

23 a vulnerability assessment, or any informa24 tion derived from a vulnerability assess25 ment, pursuant to subparagraph (B)(ii) 


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1 and who knowingly or recklessly reveals the 

2 vulnerability assessment, reproduction, or 

3 information other than to the Administrator 

4 or an individual designated by the Admin5 istrator, or for use in an administrative or 

6 judicial proceeding to impose a penalty for 

7 failure to comply with this section, shall, on 

8 conviction— 

9 ‘‘(I) be imprisoned for not more 

10 than 1 year or fined in accordance 

11 with chapter 227 of title 18, United 

12 States Code, as applicable to class A 

13 misdemeanors, or both; and 

14 ‘‘(II) be removed from Federal of15 fice or employment. 

16 ‘‘(ii) EXCEPTION.—Notwithstanding 

17 clause (i), a designee of the Administrator 

18 who is an officer or employee of the United 

19 States may discuss with any State or local 

20 government official the contents of a vulner21 ability assessment viewed under this para22 graph. 

23 ‘‘(E) EFFECT OF PARAGRAPH.—Nothing in 

24 this paragraph authorizes any person to withVerDate Aug 31 2005 01:54 Sep 22, 2006 Jkt 049200 PO 00000 Frm 00029 Fmt 6652 Sfmt 6203 E:\BILLS\S2781.RS S2781

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1 hold any information from Congress or any com2 mittee or subcommittee of Congress. 

3 ‘‘(4) FALSE CERTIFICATIONS.—An applicant 

4 that knowingly submits to the Administrator a false 

5 certification or material statement under this sub6 section shall be subject to a criminal penalty under 

7 section 309(c)(4). 

8 ‘‘(5) EXEMPTION UNDER FOIA AND RELATED

9 LAWS.—Except for information in a certification 

10 under this subsection identifying the system for which 

11 the certification is submitted and the date of certifi12 cation of the system, all information contained in a 

13 vulnerability assessment certified by an applicant or 

14 derived from a vulnerability assessment under this 

15 section shall be exempt from the disclosure require16 ments under— 

17 ‘‘(A) section 552 of title 5, United States 

18 Code (commonly known as the ‘Freedom of Infor19 mation Act’); and 

20 ‘‘(B) any State or local law providing for 

21 public access to information. 

22 ‘‘(d) GRANT AMOUNTS.— 

23 ‘‘(1) FEDERAL SHARE.—The Federal share of the 

24 cost of an activity funded by a grant under subsection 


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1 (b) shall not exceed 50 percent, as determined by the 

2 Administrator. 

3 ‘‘(2) MAXIMUM AMOUNT.—The total amount of 

4 grants made under subsection (b) for any publicly 

5 owned treatment works shall not exceed $100,000, as 

6 determined by the Administrator. 

7 ‘‘(e) TECHNICAL ASSISTANCE FOR SMALL PUBLICLY

8 OWNED TREATMENT WORKS.— 

9 ‘‘(1) DEFINITION OF SMALL PUBLICLY OWNED

10 TREATMENT WORKS.—In this subsection, the term 

11 ‘small publicly owned treatment works’ means a pub12 licly owned treatment works that services a popu13 lation of fewer than 10,000 individuals. 

14 ‘‘(2) SECURITY ASSESSMENT AND PLANNING AS15 SISTANCE.— 

16 ‘‘(A) IN GENERAL.—The Administrator, in 

17 coordination with the States, may provide tech18 nical guidance and assistance to small publicly 

19 owned treatment works for— 

20 ‘‘(i) the conduct of a vulnerability as21 sessment, emergency response plan, or site 

22 security plan; and 

23 ‘‘(ii) the implementation of security 

24 enhancements to reduce vulnerabilities iden25 tified in a vulnerability assessment. 


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1 ‘‘(B) INCLUSIONS.—Technical guidance and 

2 assistance provided under subparagraph (A) 

3 may include technical assistance programs, 

4 training, and preliminary engineering evalua5 tions. 

6 ‘‘(3) PARTICIPATION BY NONPROFIT ORGANIZA7 TIONS.—The Administrator may provide grants to 

8 nonprofit organizations to assist in accomplishing the 

9 purposes of this subsection. 

10 ‘‘(f) REFINEMENT OF VULNERABILITY ASSESSMENT

11 METHODOLOGY FOR PUBLICLY OWNED TREATMENT

12 WORKS.— 

13 ‘‘(1) GRANTS.—The Administrator may provide 

14 to nonprofit organizations 1 or more grants to be used 

15 in improving vulnerability self-assessment methodolo16 gies and tools for publicly owned treatment works, in17 cluding publicly owned treatment works that are part 

18 of a combined public wastewater treatment and water 

19 supply system. 

20 ‘‘(2) ELIGIBLE ACTIVITIES.—A grant provided 

21 under this subsection may be used— 

22 ‘‘(A) to develop and distribute vulnerability 

23 self-assessment methodology software upgrades; 

24 ‘‘(B) to improve and enhance critical tech25 nical and user support functions; 


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1 ‘‘(C) to expand libraries of information ad2 dressing threats and countermeasures; and 

3 ‘‘(D) to implement user training initiatives. 

4 ‘‘(3) COST.—A service described in paragraph 

5 (2) that is funded by a grant under this subsection 

6 shall be provided at no cost to the recipients of the 

7 service. 

8 ‘‘(g) TRAINING GRANTS.— 

9 ‘‘(1) IN GENERAL.—The Administrator may pro10 vide grants to nonprofit organizations to be used in 

11 accordance with paragraph (2) to implement a com12 prehensive training program for treatment works or 

13 privately owned utilities that principally treat mu14 nicipal wastewater. 

15 ‘‘(2) ELIGIBLE ACTIVITIES.—A grant provided 

16 under paragraph (1) may be used— 

17 ‘‘(A) to develop and implement a training 

18 program to assist treatment works in— 

19 ‘‘(i) conducting vulnerability assess20 ments using vulnerability self-assessment 

21 methodology software; 

22 ‘‘(ii) developing emergency response 

23 plans; and 


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1 ‘‘(iii) identifying security enhance2 ments, including operational adjustments 

3 and design practices; and 

4 ‘‘(B) to develop and disseminate to treat5 ment works information on best practices for 

6 emergency response plans and security enhance7 ments, including operational adjustments and 

8 design practices. 

9 ‘‘(3) COST.—Training and technical assistance 

10 provided pursuant to a grant under paragraph (1) 

11 shall be provided at no cost to the recipients of the 

12 assistance. 

13 ‘‘(h) AUTHORIZATION OF APPROPRIATIONS.—There is 

14 authorized to be appropriated— 

15 ‘‘(1) $200,000,000 for use in making grants 

16 under subsection (b), to remain available until ex17 pended; 

18 ‘‘(2) $15,000,000 for use in providing assistance 

19 under subsections (e) and (g); and 

20 ‘‘(3) to carry out subsection (f), $1,000,000 for 

21 each of fiscal years 2007 through 2011.’’. 


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1 SEC. 3. RESEARCH AND REVIEW OF COLLECTION SYSTEMS 

2 AND TREATMENT WORKS. 

3 Title II of the Federal Water Pollution Control Act (33 

4 U.S.C. 1281 et seq.) (as amended by section 2) is amended 

5 by adding at the end the following: 

6 ‘‘SEC. 223. RESEARCH AND REVIEW OF COLLECTION SYS7 TEMS AND TREATMENT WORKS. 

8 ‘‘(a) DEFINITION OF COLLECTION SYSTEM.—In this 

9 section, the term ‘collection system’ means the underground 

10 network of sewers, including sanitary and storm water col11 lection lines. 

12 ‘‘(b) RESEARCH AND REVIEW.—The Administrator, in 

13 consultation with appropriate Federal agencies, shall con14 duct research and a review, or enter into a contract or coop15 erative agreement for the conduct of research and a review, 

16 of— 

17 ‘‘(1) means of providing alternative processes to 

18 convey, treat, and dispose of wastewater if a disrup19 tion of service event (as defined in section 222) oc20 curs; 

21 ‘‘(2) the means by which the collection system of 

22 a treatment works could— 

23 ‘‘(A) be used to convey hazardous chemicals 

24 or substances (including explosive devices), in25 cluding a comprehensive analysis of the types of 

26 hazardous chemicals, substances, and explosive 


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1 devices that could be placed in the collection sys2 tem; and 

3 ‘‘(B) be secured in response to an inten4 tional harmful act; 

5 ‘‘(3) methods for monitoring— 

6 ‘‘(A) the collection system of a treatment 

7 works for hazardous chemicals or substances, in8 cluding explosive devices; and 

9 ‘‘(B) unauthorized entry into the collection 

10 system of a treatment works; and 

11 ‘‘(4) treatment technologies, including the afford12 ability, effectiveness, and limitations of each treat13 ment technology. 

14 ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—There is 

15 authorized to be appropriated to carry out this section 

16 $5,000,000 for each of fiscal years 2007 through 2011.’’. 


CColeman on PROD1PC71 with BILLS

CColeman on PROD1PC71 with BILLS
Calendar No. 625 

109TH CONGRESS 

2D SESSION S. 2781 

[Report No. 109

–345] 

A BILL 

To amend the Federal Water Pollution Control Act 

works. to enhance the security of wastewater treatment 

SEPTEMBER 21, 2006 

Reported with an amendment 


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