II 

109TH CONGRESS 

2D SESSION S. 2781 

To amend the Federal Water Pollution Control Act to enhance the security 

of wastewater treatment works. 

IN THE SENATE OF THE UNITED STATES 

MAY 10, 2006 

Mr. INHOFE (for himself, Mr. CHAFEE, and Ms. MURKOWSKI) introduced the 

following bill; which was read twice and referred to the Committee on Environment and Public Works 

A BILL 

To amend the Federal Water Pollution Control Act to 

enhance the security of wastewater treatment works. 

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’’. 

6 SEC. 2. WASTEWATER TREATMENT WORKS SECURITY. 

7 Title II of the Federal Water Pollution Control Act 

8 (33 U.S.C. 1281 et seq.) is amended by adding at the end 

9 the following: 


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

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

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

4 term ‘disruption of service event’ means a natural 

5 disaster or event, or a terrorist attack or other in6 tentional act, that— 

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

8 treatment works to provide safe and reliable— 

9 ‘‘(i) conveyance and treatment of 

10 wastewater; 

11 ‘‘(ii) disposal of effluent; or 

12 ‘‘(iii) storage of any potentially haz13 ardous chemical used to treat wastewater; 

14 ‘‘(B) damages critical infrastructure asso15 ciated with a treatment works; 

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

17 the environment as a result of harm caused to 

18 a treatment works; or 

19 ‘‘(D) otherwise poses a significant threat 

20 to public health or safety as a result of harm 

21 caused to a treatment works. 

22 ‘‘(2) EMERGENCY RESPONSE PLAN.— 

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

24 response plan’ means a plan or set of plans de25 veloped by or in cooperation with a treatment 

26 works that may include the procedures the 


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1 treatment works will use when a disruption of 

2 service event occurs, including procedures for 

3 ensuring continued service and protection of the 

4 public health and environment. 

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

6 response plan’ includes a plan or set of plans 

7 that may describe, for a case in which a disrup8 tion of service event occurs— 

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

10 owned treatment works will provide infor11 mation regarding risks to— 

12 ‘‘(I) the media; 

13 ‘‘(II) municipal emergency per14 sonnel; 

15 ‘‘(III) health officials; 

16 ‘‘(IV) the general public; 

17 ‘‘(V) Federal and State environ18 mental authorities; and 

19 ‘‘(VI) other potentially impacted 

20 water utilities; 

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

22 owned treatment works will limit contami23 nation of public water supplies, including 

24 temporary treatment and other mitigation 

25 measures; 


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

2 owned treatment works will address con3 taminants entering the treatment works or 

4 its collection system, including any con5 taminants added by emergency response 

6 personnel in responding to a natural dis7 aster or terrorist event; 

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

9 owned treatment works will secure backup 

10 generation if a loss of power accompanies 

11 the disruption of service event; or 

12 ‘‘(v) any additional means of col13 lecting or treating wastewater. 

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

15 ‘emergency response plan’ may include— 

16 ‘‘(i) an emergency response plan con17 ducted in accordance with a Federal stat18 ute that addresses each element identified 

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

20 ‘‘(ii) an emergency response plan in 

21 existence on the date of enactment of this 

22 section that is modified to include each ele23 ment identified under subparagraphs (A) 

24 and (B). 

25 ‘‘(3) VULNERABILITY ASSESSMENT.— 


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1 ‘‘(A) IN GENERAL.—The term ‘vulner2 ability assessment’ means an assessment of the 

3 vulnerability of a treatment works to a disrup4 tion of service event. 

5 ‘‘(B) INCLUSIONS.—The term ‘vulner6 ability assessment’ may include— 

7 ‘‘(i) a characterization of the treat8 ment works, including, with respect to the 

9 treatment works— 

10 ‘‘(I) mission and objective; 

11 ‘‘(II) customer base; 

12 ‘‘(III) the facilities that comprise 

13 the treatment works, including— 

14 ‘‘(aa) the collection system; 

15 ‘‘(bb) the pumping station; 

16 ‘‘(cc) the power supply; 

17 ‘‘(dd) electronic and com18 puter systems; and 

19 ‘‘(ee) chemical containers; 

20 ‘‘(IV) processes; and 

21 ‘‘(V) assets for achieving treat22 ment works objectives; 

23 ‘‘(ii) an identification and 

24 prioritization of adverse consequences to 

25 avoid at the treatment works, including— 


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1 ‘‘(I) substantial disruptions of 

2 service; 

3 ‘‘(II) economic impacts; 

4 ‘‘(III) loss of life; and 

5 ‘‘(IV) negative health con6 sequences for staff at the treatment 

7 works; 

8 ‘‘(iii) an identification of adverse con9 sequences to the public health and safety 

10 and the environment and natural re11 sources; 

12 ‘‘(iv) a determination of critical assets 

13 of the treatment works that may be subject 

14 to a disruption of service event, includ15 ing— 

16 ‘‘(I) pumping stations; 

17 ‘‘(II) power sources; 

18 ‘‘(III) electronic and computer 

19 systems; and 

20 ‘‘(IV) disinfection processes; 

21 ‘‘(v) an assessment of— 

22 ‘‘(I) the qualitative probability of 

23 a disruption of service event; and 


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1 ‘‘(II) whether the disruption of 

2 service event is the result of a natural 

3 or an intentional occurrence; 

4 ‘‘(vi) an evaluation of existing coun5 termeasures relating to the treatment 

6 works; and 

7 ‘‘(vii) an analysis of current risk relat8 ing to the treatment works and the devel9 opment of a prioritized plan for risk reduc10 tion at the treatment works. 

11 ‘‘(b) GRANTS FOR VULNERABILITY ASSESSMENTS

12 AND SECURITY ENHANCEMENTS.—The Administrator 

13 may provide grants to any State, municipality, intermunic14 ipal or interstate agency, or privately owned utility that 

15 principally treats municipal wastewater— 

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

17 publicly owned treatment works; 

18 ‘‘(2) to implement security enhancements de19 scribed in subsection (c)(1) and other security en20 hancements to reduce vulnerabilities identified in a 

21 vulnerability assessment; 

22 ‘‘(3) for the development, expansion, or upgrad23 ing of an emergency response plan; and 

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

25 network of treatment works of, or voluntary particiVerDate Aug 31 2005 23:11 May 11, 2006 Jkt 049200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S2781.IS S2781

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1 pation by a treatment works in, a mutual aid and 

2 emergency network preparedness agreement devel3 oped in accordance with the National Incident Man4 agement System established pursuant to presidential 

5 directive number 5 of the Department of Homeland 

6 Security. 

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

8 ‘‘(1) PREAPPROVED SECURITY ENHANCE9 MENTS.—Except as provided in paragraph (3), on 

10 certification by a State, municipality, intermunicipal 

11 or interstate agency, or privately owned utility that 

12 principally treats municipal wastewater that a vul13 nerability assessment has been completed for a 

14 treatment works, and that the security enhancement 

15 for which assistance is sought is for the purpose of 

16 reducing vulnerabilities of the treatment works iden17 tified in the vulnerability assessment, the Adminis18 trator may provide grants to the State, municipality, 

19 intermunicipal or interstate agency, or privately 

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

21 of the uses described in paragraph (2). 

22 ‘‘(2) USES OF GRANT FUNDS.—The uses re23 ferred to in paragraph (1) are— 

24 ‘‘(A) the purchase and installation of 

25 equipment for materials and activities relating 


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1 to access control, intrusion prevention and 

2 delay, and detection of intruders and hazardous 

3 or dangerous substances, including— 

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

5 ‘‘(ii) security lighting and cameras; 

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

7 outfall entry barriers; 

8 ‘‘(iv) securing of manhole covers and 

9 fill and vent pipes; 

10 ‘‘(v) installation and rekeying of doors 

11 and locks; and 

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

13 mixture detection systems; 

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

15 the security for electronic, computer, or other 

16 automated systems and remote security sys17 tems, including— 

18 ‘‘(i) controlling access to those sys19 tems; 

20 ‘‘(ii) intrusion detection and preven21 tion; and 

22 ‘‘(iii) system backup; 

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

24 and the purchase of training manuals and guid25 ance material, relating to security; and 


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

2 employees or contractor support services. 

3 ‘‘(3) ADDITIONAL SECURITY ENHANCE4 MENTS.— 

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

6 provide a grant under subsection (b) to an ap7 plicant for additional security enhancements not 

8 specified in paragraph (2). 

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

10 grant under this subsection, an applicant 

11 shall— 

12 ‘‘(i) submit to the Administrator an 

13 application containing a description of the 

14 security enhancement; and 

15 ‘‘(ii) obtain approval of the applica16 tion by the Administrator. 

17 ‘‘(4) LIMITATIONS.— 

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

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

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

21 ‘‘(ii) operation or maintenance of fa22 cilities, equipment, or systems. 

23 ‘‘(B) DISCLOSURE OF VULNERABILITY AS24 SESSMENT.— 


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1 ‘‘(i) IN GENERAL.—Except as pro2 vided in clause (ii), as a condition of apply3 ing for or receiving a grant under this sub4 section, the Administrator may not require 

5 an applicant to provide the Administrator 

6 with a copy of a vulnerability assessment. 

7 ‘‘(ii) EXCEPTION.—To ensure compli8 ance with any applicable Federal grant re9 quirement, the Administrator or a designee 

10 of the Administrator— 

11 ‘‘(I) may request and view a copy 

12 of a vulnerability assessment associ13 ated with a grant under this section; 

14 but 

15 ‘‘(II) shall not take possession or 

16 control of the copy. 

17 ‘‘(C) RESPONSIBILITY OF ADMINIS18 TRATOR.—Not later than December 31, 2006, 

19 the Administrator, in consultation with appro20 priate Federal law enforcement and intelligence 

21 officials, shall incorporate into existing proto22 cols for protection of sensitive information a 

23 method by which the Administrator will protect 

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1 trator or a designee of the Administrator pursu2 ant to subparagraph (B)(ii). 

3 ‘‘(D) PENALTIES.— 

4 ‘‘(i) IN GENERAL.—Except as pro5 vided in clause (ii), any individual who 

6 views a vulnerability assessment, a repro7 duction of a vulnerability assessment, or 

8 any information derived from a vulner9 ability assessment, pursuant to subpara10 graph (B)(ii) and who knowingly or reck11 lessly reveals the vulnerability assessment, 

12 reproduction, or information other than to 

13 the Administrator or an individual des14 ignated by the Administrator, or for use in 

15 an administrative or judicial proceeding to 

16 impose a penalty for failure to comply with 

17 this section, shall, on conviction— 

18 ‘‘(I) be imprisoned for not more 

19 than 1 year or fined in accordance 

20 with chapter 227 of title 18, United 

21 States Code, as applicable to class A 

22 misdemeanors, or both; and 

23 ‘‘(II) be removed from Federal 

24 office or employment. 


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1 ‘‘(ii) EXCEPTION.—Notwithstanding 

2 clause (i), a designee of the Administrator 

3 who is an officer or employee of the United 

4 States may discuss with any State or local 

5 government official the contents of a vul6 nerability assessment viewed under this 

7 paragraph. 

8 ‘‘(E) EFFECT OF PARAGRAPH.—Nothing 

9 in this paragraph authorizes any person to 

10 withhold any information from Congress or any 

11 committee or subcommittee of Congress. 

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

13 that knowingly submits to the Administrator a false 

14 certification or material statement under this sub15 section shall be subject to a criminal penalty under 

16 section 309(c)(4). 

17 ‘‘(6) EXEMPTION UNDER FOIA AND RELATED

18 LAWS.—Except for information in a certification 

19 under this subsection identifying the system for 

20 which the certification is submitted and the date of 

21 certification of the system, all information contained 

22 in a vulnerability assessment certified by an appli23 cant or derived from a vulnerability assessment 

24 under this section shall be exempt from the disclo25 sure requirements under— 


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

2 Code (commonly known as the ‘Freedom of In3 formation Act’); and 

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

5 public access to information. 

6 ‘‘(d) GRANT AMOUNTS.— 

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

8 the cost of an activity funded by a grant under sub9 section (b) shall not exceed 50 percent, as deter10 mined by the Administrator. 

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

12 grants made under subsection (b) for any publicly 

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

14 as determined by the Administrator. 

15 ‘‘(e) TECHNICAL ASSISTANCE FOR SMALL PUBLICLY

16 OWNED TREATMENT WORKS.— 

17 ‘‘(1) DEFINITION OF SMALL PUBLICLY OWNED

18 TREATMENT WORKS.—In this subsection, the term 

19 ‘small publicly owned treatment works’ means a 

20 publicly owned treatment works that services a pop21 ulation of fewer than 10,000 individuals. 

22 ‘‘(2) SECURITY ASSESSMENT AND PLANNING

23 ASSISTANCE.— 

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

25 coordination with the States, may provide techVerDate Aug 31 2005 23:11 May 11, 2006 Jkt 049200 PO 00000 Frm 00014 Fmt 6652 Sfmt 6201 E:\BILLS\S2781.IS S2781

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1 nical guidance and assistance to small publicly 

2 owned treatment works for— 

3 ‘‘(i) the conduct of a vulnerability as4 sessment; and 

5 ‘‘(ii) the implementation of security 

6 enhancements to reduce vulnerabilities 

7 identified in a vulnerability assessment. 

8 ‘‘(B) INCLUSIONS.—Technical guidance 

9 and assistance provided under subparagraph 

10 (A) may include technical assistance programs, 

11 training, and preliminary engineering evalua12 tions. 

13 ‘‘(3) PARTICIPATION BY NONPROFIT ORGANIZA14 TIONS.—The Administrator may provide grants to 

15 nonprofit organizations to assist in accomplishing 

16 the purposes of this subsection. 

17 ‘‘(f) REFINEMENT OF VULNERABILITY ASSESSMENT

18 METHODOLOGY FOR PUBLICLY OWNED TREATMENT

19 WORKS.— 

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

21 to nonprofit organizations 1 or more grants to be 

22 used in improving vulnerability self-assessment 

23 methodologies and tools for publicly owned treat24 ment works, including publicly owned treatment 


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1 works that are part of a combined public wastewater 

2 treatment and water supply system. 

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

4 under this subsection may be used— 

5 ‘‘(A) to develop and distribute vulnerability 

6 self-assessment methodology software upgrades; 

7 ‘‘(B) to improve and enhance critical tech8 nical and user support functions; 

9 ‘‘(C) to expand libraries of information ad10 dressing threats and countermeasures; and 

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

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

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

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

15 service. 

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

17 is authorized to be appropriated— 

18 ‘‘(1) $200,000,000 for use in making grants 

19 under subsection (b), to remain available until ex20 pended; 

21 ‘‘(2) $15,000,000 for use in providing assist22 ance under subsection (e); and 

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

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


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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 

4 (33 U.S.C. 1281 et seq.) (as amended by section 2) is 

5 amended 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 under10 ground network of sewers, including sanitary and storm 

11 water collection lines. 

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

13 in consultation with appropriate Federal agencies, shall 

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

15 or cooperative agreement for the conduct of research and 

16 a review, 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 

22 of a treatment works could— 

23 ‘‘(A) be used to convey hazardous chemi24 cals or substances (including explosive devices), 

25 including a comprehensive analysis of the types 

26 of hazardous chemicals, substances, and exploVerDate Aug 31 2005 23:11 May 11, 2006 Jkt 049200 PO 00000 Frm 00017 Fmt 6652 Sfmt 6201 E:\BILLS\S2781.IS S2781

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1 sive devices that could be placed in the collec2 tion system; 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, 

8 including explosive devices; and 

9 ‘‘(B) unauthorized entry into the collection 

10 system of a treatment works; and 

11 ‘‘(4) treatment technologies, including the af12 fordability, effectiveness, and limitations of each 

13 treatment technology. 

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

15 is authorized to be appropriated to carry out this section 

16 $5,000,000 for each of fiscal years 2006 through 2010.’’. 

Æ 


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