II 

109TH CONGRESS 

1ST SESSION S. 1995 

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

of wastewater treatment works. 

IN THE SENATE OF THE UNITED STATES 

NOVEMBER 10, 2005 

Mr. JEFFORDS (for himself, Mr. LAUTENBERG, Mrs. BOXER, and Mr. OBAMA) 

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 2005’’. 

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) ALTERNATIVE APPROACH.— 

4 ‘‘(A) IN GENERAL.—The term ‘alternative 

5 approach’ means a method of preventing or re6 ducing— 

7 ‘‘(i) the threat of a harmful inten8 tional act; or 

9 ‘‘(ii) the consequences of a harmful 

10 intentional act. 

11 ‘‘(B) INCLUSIONS.—The term ‘alternative 

12 approach’ includes— 

13 ‘‘(i) an approach at a treatment works 

14 that— 

15 ‘‘(I) uses smaller quantities, or 

16 less hazardous forms, of substances of 

17 concern; 

18 ‘‘(II) replaces a substance of con19 cern with a less hazardous substance; 

20 or 

21 ‘‘(III) uses a process that is less 

22 hazardous; and 

23 ‘‘(ii) with respect to a treatment 

24 works that uses chlorine for disinfection, 

25 an approach that considers the use of so26 dium hypochlorite, ozone, ultraviolet radi-
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1 ation, and other appropriate treatment 

2 chemicals that are less hazardous than 

3 chlorine. 

4 ‘‘(2) CONSIDERATION.—The term ‘consider5 ation’, with respect to the consideration of an alter6 native approach, includes consideration of— 

7 ‘‘(A) the benefits and risks of the alter8 native approach; 

9 ‘‘(B) the potential for the alternative ap10 proach to prevent or reduce the threat or the 

11 consequences of a harmful intentional act, in12 cluding hazards to human health and the envi13 ronment (as described in section 112(r)(7)(B) 

14 of the Clean Air Act (42 U.S.C. 

15 7412(r)(7)(B)); 

16 ‘‘(C) the cost and technical feasibility of 

17 the alternative approach; and 

18 ‘‘(D) the effect of the alternative approach 

19 on employee safety. 

20 ‘‘(3) EMERGENCY RESPONSE PLAN.—The term 

21 ‘emergency response plan’ means a plan developed 

22 by a treatment works that describes the procedures 

23 to be followed by the treatment works in the event 

24 of a harmful intentional act, including a description 

25 of, at a minimum, particular equipment, plans, and 
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1 procedures that could be implemented or used by or 

2 at the treatment works in the event of a harmful in3 tentional act. 

4 ‘‘(4) HARMFUL INTENTIONAL ACT.—The term 

5 ‘harmful intentional act’ means a terrorist attack or 

6 other intentional act carried out upon a treatment 

7 works that is intended— 

8 ‘‘(A) to substantially disrupt the ability of 

9 the treatment works to provide safe and reli10 able— 

11 ‘‘(i) conveyance and treatment of 

12 wastewater; 

13 ‘‘(ii) disposal of effluent; or 

14 ‘‘(iii) storage of a potentially haz15 ardous chemical used to treat wastewater; 

16 ‘‘(B) to damage critical infrastructure; 

17 ‘‘(C) to have an adverse effect on the envi18 ronment; or 

19 ‘‘(D) to otherwise pose a significant threat 

20 to public health or safety. 

21 ‘‘(5) OWNER OR OPERATOR.—The term ‘owner 

22 or operator’ means any individual or entity that 

23 owns, leases, operates, controls, or supervises a 

24 treatment works. 
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1 ‘‘(6) SITE SECURITY PLAN.—The term ‘site se2 curity plan’ means a plan to ensure or enhance, to 

3 the maximum extent practicable, the security of a 

4 treatment works that includes— 

5 ‘‘(A) security enhancements to significantly 

6 reduce the vulnerability of the treatment works 

7 covered by the plan to a harmful intentional 

8 act; 

9 ‘‘(B) consideration of alternative ap10 proaches and, where practicable in the judg11 ment of the owner or operator of the treatment 

12 works, implementation of options to reduce the 

13 threat or consequences of a harmful intentional 

14 act through the use of alternative approaches; 

15 ‘‘(C) a certification by the owner or oper16 ator of the treatment works that alternative ap17 proaches were considered; 

18 ‘‘(D) a description of the alternative ap19 proaches selected, if any; and 

20 ‘‘(E) an explanation of the reasons why 

21 particular alternative approaches were not se22 lected. 

23 ‘‘(7) SUBSTANCE OF CONCERN.—The term 

24 ‘substance of concern’ means— 
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1 ‘‘(A) any regulated substance (as defined 

2 in section 112(r) of the Clean Air Act (42 

3 U.S.C. 7412(r)); and 

4 ‘‘(B) any substance designated by the Ad5 ministrator under subsection (j). 

6 ‘‘(8) VULNERABILITY ASSESSMENT.— 

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

9 vulnerability of a treatment works to a harmful 

10 intentional act. 

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

13 ‘‘(i) a review of the vulnerabilities of 

14 the treatment works that identifies, with 

15 respect to the treatment works— 

16 ‘‘(I) facilities, systems, and de17 vices used in the storage, treatment, 

18 recycling, or reclamation of municipal 

19 sewage or industrial waste; 

20 ‘‘(II) intercepting sewers, outfall 

21 sewers, sewage collection systems, and 

22 other constructed conveyances; 

23 ‘‘(III) electronic, computer, and 

24 other automated systems; 
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1 ‘‘(IV) pumping, power, and other 

2 equipment; 

3 ‘‘(V) use, storage, and handling 

4 of various chemicals; and 

5 ‘‘(VI) operation and maintenance 

6 procedures; and 

7 ‘‘(ii) the identification of procedures, 

8 countermeasures, and equipment that a 

9 treatment works may implement or use to 

10 reduce the vulnerabilities of the treatment 

11 works identified in a review described in 

12 clause (i). 

13 ‘‘(b) GRANTS FOR VULNERABILITY ASSESSMENTS, 

14 SITE SECURITY PLANS, EMERGENCY RESPONSE PLANS, 

15 SECURITY ENHANCEMENTS, ALTERNATIVE APPROACHES, 

16 AND TECHNICAL ASSISTANCE.— 

17 ‘‘(1) IN GENERAL.—The Administrator may 

18 provide grants to a treatment works, State, munici19 pality, or intermunicipal or interstate agency— 

20 ‘‘(A) to conduct a vulnerability assessment 

21 of a treatment works; 

22 ‘‘(B) to prepare and implement a site secu23 rity plan; 

24 ‘‘(C) to prepare an emergency response 

25 plan; 
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1 ‘‘(D) to implement security enhancements 

2 described in subsection (c) and other security 

3 enhancements to reduce vulnerabilities identi4 fied in a vulnerability assessment for treatment 

5 works that have— 

6 ‘‘(i) completed a vulnerability assess7 ment; 

8 ‘‘(ii) complied with subsection (e); and 

9 ‘‘(iii) received a certificate of approval 

10 from the Administrator under subsection 

11 (e)(2)(B); 

12 ‘‘(E) to implement security enhancements 

13 described in subsection (c) and other security 

14 enhancements to reduce vulnerabilities identi15 fied in a vulnerability assessment for treatment 

16 works that do not meet the criteria described in 

17 subparagraph (D); 

18 ‘‘(F) to implement alternative approaches 

19 at a treatment works, such as the use of an al20 ternative treatment chemical, that would reduce 

21 the threat or consequences of a harmful inten22 tional act; and 

23 ‘‘(G) to obtain technical assistance in car24 rying out any of subparagraphs (A) through 

25 (F). 
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1 ‘‘(2) GRANT AMOUNTS.— 

2 ‘‘(A) FEDERAL SHARE.—The Federal 

3 share of the cost of an activity funded by a 

4 grant under paragraph (1) shall not exceed 55 

5 percent, as determined by the Administrator. 

6 ‘‘(B) MAXIMUM AMOUNT.—The total 

7 amount of grants made under subparagraphs 

8 (A), (B), (C), (E), (F), and (G) of paragraph 

9 (1) for any treatment works shall not exceed 

10 $150,000, as determined by the Administrator, 

11 except in a case in which the Administrator de12 termines that additional funds are appropriate, 

13 given the threat level and potential impact on 

14 human health, welfare, environment, critical in15 frastructure, and national security. 

16 ‘‘(3) PRIORITY.—The Administrator shall 

17 give— 

18 ‘‘(A) priority for the provision of grants 

19 under this subsection to treatment works de20 scribed in paragraph (1) that apply for grants 

21 under subsection (c); and 

22 ‘‘(B) first priority for grants under sub23 section (c) to treatment works that have com24 pleted vulnerability assessments. 

25 ‘‘(c) GRANTS FOR SECURITY ENHANCEMENTS.— 
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1 ‘‘(1) SECURITY ENHANCEMENTS.—The Admin2 istrator may provide grants to the applicant under 

3 subparagraphs (D) and (E) of subsection (b)(1) for 

4 1 or more of the uses described in paragraph (2). 

5 ‘‘(2) USES OF GRANT FUNDS.—The uses re6 ferred to in paragraph (1) are— 

7 ‘‘(A) the purchase and installation of 

8 equipment for materials and activities relating 

9 to access control, intrusion prevention and 

10 delay, and detection of intruders and hazardous 

11 or dangerous 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 activities to improve 

23 the security of electronic, computer, or other 

24 automated systems and remote security sys25 tems, including— 
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1 ‘‘(i) controlling access to those sys2 tems; 

3 ‘‘(ii) intrusion detection and preven4 tion; and 

5 ‘‘(iii) system backup; and 

6 ‘‘(C) participation in training programs, 

7 and the purchase of training manuals and guid8 ance material, relating to security. 

9 ‘‘(3) ADDITIONAL SECURITY ENHANCE10 MENTS.— 

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

12 provide a grant under subsection (b) to an ap13 plicant for additional security enhancements not 

14 specified in paragraph (2). 

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

16 grant under this subsection, an applicant 

17 shall— 

18 ‘‘(i) submit to the Administrator an 

19 application containing a description of the 

20 security enhancement; 

21 ‘‘(ii) as appropriate, submit the cer22 tificate of approval of the Administrator 

23 for the appropriate treatment works under 

24 subsection (e)(2)(B); and 
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1 ‘‘(iii) obtain approval of the applica2 tion by the Administrator. 

3 ‘‘(4) LIMITATIONS.—A grant provided under 

4 subsection (b) shall not be used for— 

5 ‘‘(A) payment of personnel costs; or 

6 ‘‘(B) operation or maintenance of facilities, 

7 equipment, or systems. 

8 ‘‘(5) AUTHORIZATION OF APPROPRIATIONS.— 

9 ‘‘(A) IN GENERAL.—There are authorized 

10 to be appropriated to provide grants under sub11 section (b) $225,000,000, of which— 

12 ‘‘(i) $25,000,000 shall be used for 

13 grants under subparagraphs (A), (B), and 

14 (C) of subsection (b)(1); 

15 ‘‘(ii) $150,000,000 shall be used for 

16 grants under subparagraphs (D) and (F) 

17 of subsection (b)(1); 

18 ‘‘(iii) $25,000,000 shall be used for 

19 grants under subsection (b)(1)(E); and 

20 ‘‘(iv) $25,000,000 shall be used for 

21 grants under subsection (b)(1)(G). 

22 ‘‘(B) AVAILABILITY.—Amounts made 

23 available under this paragraph shall remain 

24 available until expended. 

25 ‘‘(d) REQUIREMENT.— 
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1 ‘‘(1) IN GENERAL.—Not later than 1 year after 

2 the date of enactment of this section, the Adminis3 trator shall promulgate regulations that require the 

4 owner or operator of each treatment works— 

5 ‘‘(A) to conduct a vulnerability assessment 

6 for the treatment works; 

7 ‘‘(B) to prepare and implement a site secu8 rity plan for the treatment works that address9 es the results of the vulnerability assessment; 

10 ‘‘(C) to prepare an emergency response 

11 plan for the treatment works that addresses the 

12 results of the vulnerability assessment; and 

13 ‘‘(D) to review and update the vulnerability 

14 assessment, site security plan, and emergency 

15 response plan. 

16 ‘‘(2) REGULATIONS.—Not later than 1 year 

17 after the date of enactment of this section, the Ad18 ministrator shall promulgate regulations establishing 

19 procedures, protocols, and standards for vulner20 ability assessments, site security plans, and emer21 gency response plans. 

22 ‘‘(3) GUIDANCE TO SMALL ENTITIES.—Not 

23 later than 1 year after the date of enactment of this 

24 section, the Administrator shall issue guidance to as-
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1 sist small entities in complying with paragraph (1) 

2 and regulations promulgated under that paragraph. 

3 ‘‘(4) THREAT INFORMATION.—To the maximum 

4 extent practicable under applicable authority and in 

5 the interests of national security, the Administrator 

6 shall provide to each owner or operator of a treat7 ment works required to prepare a vulnerability as8 sessment, site security plan, and emergency response 

9 plan threat information that is relevant to the treat10 ment works, including notification of any elevated 

11 threat with respect to the treatment works. 

12 ‘‘(5) COORDINATED ASSESSMENTS AND

13 PLANS.—The regulations promulgated under para14 graph (1) shall permit the development and imple15 mentation of coordinated vulnerability assessments, 

16 site security plans, and emergency response plans in 

17 any case in which more than 1 treatment works is 

18 operating at a single location or at contiguous loca19 tions, including a case in which— 

20 ‘‘(A) a treatment works is under the con21 trol of more than 1 owner or operator; or 

22 ‘‘(B) a treatment works is operating with 

23 a community water system covered by sections 

24 1433 through 1435 of the Safe Drinking Water 

25 Act (42 U.S.C. 300iq–2 through 300i–4), at a 
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1 single location or at contiguous locations, in2 cluding a case in which a treatment works is 

3 under the control of more than 1 owner or op4 erator. 

5 ‘‘(e) CERTIFICATION AND SUBMISSION.— 

6 ‘‘(1) IN GENERAL.—Each owner or operator of 

7 a treatment works shall certify in writing to the Ad8 ministrator that the owner or operator has, in ac9 cordance with this section (including regulations pro10 mulgated under this section)— 

11 ‘‘(A) completed a vulnerability assessment; 

12 ‘‘(B) prepared and implemented or is im13 plementing a site security plan; and 

14 ‘‘(C) prepared and implemented an emer15 gency response plan. 

16 ‘‘(2) SUBMISSION.— 

17 ‘‘(A) IN GENERAL.—Not later than 18 

18 months after the date of promulgation of regu19 lations under subsection (d)(1), an owner or op20 erator of a treatment works shall provide to the 

21 Administrator for review copies of the vulner22 ability assessment, site security plan, and emer23 gency response plan of the treatment works. 

24 ‘‘(B) PUBLIC CERTIFICATE OF AP25 PROVAL.— 
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1 ‘‘(i) IN GENERAL.—Not later than 2 

2 years after the date on which the Adminis3 trator receives the vulnerability assess4 ment, site security plan, and emergency re5 sponse plan of a treatment works under 

6 subparagraph (A), the Administrator shall 

7 determine whether the treatment works is 

8 in compliance with the requirements of this 

9 section (including paragraph (1) and regu10 lations promulgated under this section). 

11 ‘‘(ii) CERTIFICATE.—If the Adminis12 trator determines that the treatment works 

13 is in compliance with the requirements of 

14 this section (including paragraph (1) and 

15 regulations promulgated under this sec16 tion), the Administrator shall provide to 

17 the treatment works and make available 

18 for public inspection a certificate of ap19 proval that contains the following state20 ment (in which statement the first brack21 eted space shall include the name of the 

22 treatment works and the second bracketed 

23 space shall include the Public Law number 

24 assigned to this Act): 
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1 ‘øllllllll¿ is in compliance with 

2 Public Law ølllllll¿.’. 

3 ‘‘(iii) DETERMINATION OF NON4 COMPLIANCE.—If the Administrator deter5 mines under clause (i) that a treatment 

6 works is not in compliance with the re7 quirements of this section (including para8 graph (1) and regulations promulgated 

9 under this section), the Administrator may 

10 issue an order requiring the certification 

11 and submission of a vulnerability assess12 ment, site security plan, or emergency re13 sponse plan in accordance with this sec14 tion. 

15 ‘‘(iv) ENFORCEMENT.—If the Admin16 istrator determines under clause (i) that, 

17 after receiving an order from the Adminis18 trator requiring the certification and sub19 mission of a vulnerability assessment, site 

20 security plan, or emergency response plan 

21 in accordance with this section, a treat22 ment works is not in compliance with the 

23 requirements of this section (including 

24 paragraph (1) and the regulations promul25 gated under this section), the Adminis-
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1 trator may issue an order or file a civil ac2 tion requiring the treatment works to com3 ply with those requirements. 

4 ‘‘(3) OVERSIGHT.—The Administrator shall, at 

5 such times and places as the Administrator deter6 mines to be appropriate, conduct or require the con7 duct or submission of vulnerability assessments, site 

8 security plans, emergency response plans, and other 

9 activities (including third-party audits) to ensure, to 

10 the maximum extent practicable, and evaluate com11 pliance with this section (including paragraph (1) 

12 and regulations promulgated under this section). 

13 ‘‘(f) PROTECTION OF INFORMATION.— 

14 ‘‘(1) DISCLOSURE EXEMPTION.—Except with 

15 respect to any certification, description, or expla16 nation referred to in subparagraph (C), (D), or (E), 

17 respectively, of subsection (a)(6) and certifications 

18 specified in subsection (e)(2)(B)(ii), all vulnerability 

19 assessments, site security plans, and emergency re20 sponse plans obtained in accordance with this sub21 title, all grant applications relating to vulnerability 

22 assessments and security enhancements (including 

23 grant applications submitted in accordance with reg24 ulations promulgated to carry out this section), and 

25 all information derived from those vulnerability as-
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1 sessments, site security plans, emergency response 

2 plans, and applications (including information 

3 shared with Federal, State, and local government 

4 entities), shall be exempt from disclosure under— 

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

6 Code; and 

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

8 public access to information. 

9 ‘‘(2) DEVELOPMENT OF PROTOCOLS.— 

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

11 consultation with the Director of the Office of 

12 Management and Budget and appropriate Fed13 eral law enforcement and intelligence officials, 

14 and in a manner consistent with existing pro15 tections for sensitive or classified information, 

16 shall by regulation establish confidentiality pro17 tocols for maintenance and use of information 

18 that is obtained from owners or operators of 

19 treatment works and provided to the Adminis20 trator under this title. 

21 ‘‘(B) REQUIREMENTS FOR PROTOCOLS.—A 

22 protocol established under subparagraph (A) 

23 shall ensure, to the maximum extent prac24 ticable, that— 
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1 ‘‘(i) each copy of a vulnerability as2 sessment, site security plan, or emergency 

3 response plan submitted to the Adminis4 trator, all information contained in or de5 rived from that assessment or plan, and 

6 other related information is maintained in 

7 a secure location; and 

8 ‘‘(ii) except as provided in paragraph 

9 (1)(B), or as necessary for judicial enforce10 ment, access to the copies of the vulner11 ability assessments, site security plans, and 

12 emergency response plans submitted to the 

13 Administrator, and other related informa14 tion shall be limited to persons designated 

15 by the Administrator. 

16 ‘‘(3) DISCLOSURE IN CIVIL PROCEEDINGS.—In 

17 any Federal or State civil or administrative pro18 ceeding in which a person seeks to compel the disclo19 sure or the submission as evidence of sensitive infor20 mation contained in the vulnerability assessments, 

21 site security plans, or emergency response plans re22 quired by subsection (a) or (b) and is not otherwise 

23 subject to disclosure under other provisions or law— 

24 ‘‘(A) the information sought may be sub25 mitted to the court under seal; and 
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1 ‘‘(B) the court, or any other person, shall 

2 not disclose the information to any person until 

3 the court, in consultation with the Adminis4 trator, determines that the disclosure of the in5 formation does not pose a threat to public secu6 rity or endanger the life or safety of any per7 son. 

8 ‘‘(4) PENALTIES FOR UNAUTHORIZED DISCLO9 SURE.— 

10 ‘‘(A) IN GENERAL.—Except as provided in 

11 subparagraph (B), any person that is in posses12 sion of or acquires any information described in 

13 paragraph (2)(A) (including any reproduction 

14 of that information or any information derived 

15 from that information), and that knowingly or 

16 recklessly discloses the information— 

17 ‘‘(i) shall be fined under chapter 227 

18 of title 18, United States Code (applicable 

19 to class A misdemeanors); 

20 ‘‘(ii) if the person is a Federal em21 ployee, shall be removed from Federal of22 fice or employment; and 

23 ‘‘(iii) if the person is an organization 

24 (as defined in section 113(c)(5)(E) of the 
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1 Clean Air Act (42 U.S.C. 7413(c)(5)(E)), 

2 shall be fined not more than $1,000,000. 

3 ‘‘(B) EXCEPTIONS.— 

4 ‘‘(i) IN GENERAL.—Subparagraph (A) 

5 shall not apply to a person described in 

6 that subparagraph that discloses informa7 tion described in paragraph (2)(A)— 

8 ‘‘(I) to an individual designated 

9 by the Administrator under paragraph 

10 (2)(B)(ii); or 

11 ‘‘(II) for use in any administra12 tive or judicial proceeding to impose a 

13 penalty for failure to comply with re14 quirements of this subtitle. 

15 ‘‘(ii) LAW ENFORCEMENT OFFICIALS

16 AND FIRST RESPONDERS.—Notwith17 standing subparagraph (A), an individual 

18 referred to in paragraph (2)(B)(ii) who is 

19 an officer or employee of the United States 

20 may share with a State or local law en21 forcement or other official (including a 

22 first responder) the contents of a vulner23 ability assessment, emergency response 

24 plan, or site security plan, or other infor25 mation described in that paragraph, to the 
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1 extent disclosure is necessary to carry out 

2 this subtitle. 

3 ‘‘(5) NO EFFECT ON OTHER DISCLOSURE.— 

4 Nothing in this subtitle affects the handling, treat5 ment, or disclosure of information obtained from 

6 treatment works under any other law. 

7 ‘‘(g) EMERGENCY POWERS.— 

8 ‘‘(1) DEFINITION OF EMERGENCY THREAT.—In 

9 this subsection, the term ‘emergency threat’ means 

10 a threat of a harmful intentional act that could af11 fect a treatment works— 

12 ‘‘(A) that is beyond the scope of the site 

13 security plan as implemented at the treatment 

14 works; 

15 ‘‘(B) the likelihood of the immediate occur16 rence of which is high; 

17 ‘‘(C) the consequences of which would be 

18 severe; and 

19 ‘‘(D) based on the factors described in sub20 paragraphs (A) through (C), would not be ap21 propriately and reasonably addressed, or ad22 dressed in a timely manner, by the Adminis23 trator under subsections (d) and (e). 

24 ‘‘(2) INITIATION OF ACTION.— 
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1 ‘‘(A) IN GENERAL.—If the Administrator 

2 (in consultation with State and local law en3 forcement officials) determines that an emer4 gency threat exists, the Administrator may 

5 bring a civil action in United States district 

6 court to immediately require each treatment 

7 works potentially affected by the new emer8 gency threat to take such actions as are nec9 essary to respond to the new emergency threat. 

10 ‘‘(B) NOTICE AND PARTICIPATION.—The 

11 Administrator shall provide to each treatment 

12 works that is the subject of a civil action under 

13 subparagraph (A)— 

14 ‘‘(i) notice of any injunctive relief to 

15 compel compliance with this subsection 

16 that is being sought; and 

17 ‘‘(ii) an opportunity to participate in 

18 any proceedings relating to the civil action. 

19 ‘‘(3) EMERGENCY ORDERS.— 

20 ‘‘(A) IN GENERAL.—If the Administrator 

21 determines that it is not practicable to ensure 

22 prompt action to protect public safety from a 

23 new emergency threat by commencing a civil ac24 tion under paragraph (2), the Administrator 
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1 may issue such orders as are necessary to en2 sure public safety. 

3 ‘‘(B) CONSULTATION.—Before issuing an 

4 order under subparagraph (A), the Adminis5 trator shall— 

6 ‘‘(i) attempt to confirm the accuracy 

7 of the information on which the action pro8 posed to be taken is based; and 

9 ‘‘(ii) consult with State and local law 

10 enforcement officials. 

11 ‘‘(4) AUTHORIZATION OF APPROPRIATIONS.— 

12 There is authorized to be appropriated to carry out 

13 this subsection, $15,000,000, to remain available 

14 until expended. 

15 ‘‘(h) TECHNICAL ASSISTANCE FOR SMALL TREAT16 MENT WORKS.— 

17 ‘‘(1) DEFINITION OF SMALL TREATMENT

18 WORKS.—In this subsection, the term ‘small treat19 ment works’ means a treatment works that serves a 

20 population of fewer than 10,000 individuals. 

21 ‘‘(2) SECURITY ASSESSMENT AND PLANNING

22 ASSISTANCE.— 

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

24 coordination with the States, may provide tech-
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1 nical guidance and assistance to small treat2 ment works for— 

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

5 ‘‘(ii) the preparation of an emergency 

6 response plan; 

7 ‘‘(iii) the preparation and implementa8 tion of a site security plan; and 

9 ‘‘(iv) 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 ‘‘(4) AUTHORIZATION OF APPROPRIATIONS.— 

22 There is authorized to be appropriated to carry out 

23 this subsection, $1,000,000 for each of fiscal years 

24 2006 through 2010, to remain available until ex25 pended. 
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1 ‘‘(i) REFINEMENT OF VULNERABILITY ASSESSMENT

2 METHODOLOGY FOR PUBLICLY OWNED TREATMENT

3 WORKS.— 

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

5 to nonprofit organizations 1 or more grants to be 

6 used in improving vulnerability assessment meth7 odologies and tools for publicly owned treatment 

8 works, including publicly owned treatment works 

9 that are part of a combined public wastewater treat10 ment and water supply system. 

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

12 under this subsection may be used— 

13 ‘‘(A) to develop and distribute vulnerability 

14 self-assessment methodology software upgrades; 

15 ‘‘(B) to improve and enhance critical tech16 nical and user support functions; 

17 ‘‘(C) to expand libraries of information ad18 dressing threats and countermeasures; and 

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

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

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

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

23 service. 

24 ‘‘(4) AUTHORIZATION OF APPROPRIATIONS.— 

25 There is authorized to be appropriated to carry out 
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1 this subsection, $1,000,000 for each of fiscal years 

2 2006 through 2010, to remain available until ex3 pended. 

4 ‘‘(j) DESIGNATION AND REGULATION OF ADDI5 TIONAL SUBSTANCES OF CONCERN BY THE ADMINIS6 TRATOR RELATING TO WASTEWATER TREATMENT

7 WORKS.— 

8 ‘‘(1) IN GENERAL.—Not later than 1 year after 

9 the date of enactment of this section, the Adminis10 trator, in consultation with Federal, State, and local 

11 agencies responsible for planning for and responding 

12 to unauthorized releases and providing emergency 

13 health care, may promulgate regulations to designate 

14 certain additional substances of concern based on 

15 the severity of the threat posed by an unauthorized 

16 release from the treatment works. 

17 ‘‘(2) FACTORS TO BE CONSIDERED.—In desig18 nating additional substances of concern under para19 graph (1), the Administrator shall consider, with re20 spect to the substance under consideration— 

21 ‘‘(A) the severity of the harm that could be 

22 caused by an unauthorized release; 

23 ‘‘(B) proximity to population centers; 

24 ‘‘(C) threats to national security; 

25 ‘‘(D) threats to critical infrastructure; 
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1 ‘‘(E) threshold quantities that pose a seri2 ous threat; and 

3 ‘‘(F) such other safety or security factors 

4 as the Administrator determines to be appro5 priate. 

6 ‘‘(3) REVIEW AND REVISIONS.—Not later than 

7 5 years after the date of promulgation of regulations 

8 under paragraph (1), the Administrator shall review 

9 the regulations and make any necessary revisions.’’. 

10 SEC. 3. RESEARCH AND REVIEW. 

11 Title II of the Federal Water Pollution Control Act 

12 (33 U.S.C. 1281 et seq.) (as amended by section 2) is 

13 amended by adding at the end the following: 

14 ‘‘SEC. 223. RESEARCH AND REVIEW. 

15 ‘‘(a) DEFINITION OF HARMFUL INTENTIONAL

16 ACT.—In this section, the term ‘harmful intentional act’ 

17 has the meaning given the term in section 222. 

18 ‘‘(b) REVIEW BY ADMINISTRATOR.—Not later than 

19 2 years after the date of enactment of this section, the 

20 Administrator, in coordination with appropriate Federal 

21 agencies, shall research and review (or enter into a con22 tract or cooperative agreement to provide for research and 

23 review of)— 
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1 ‘‘(1) means by which terrorists or other individ2 uals or groups could carry out harmful intentional 

3 acts; and 

4 ‘‘(2) means by which alternative processes of 

5 conveying, treating, and disposing of wastewater 

6 could be provided in the event of the destruction, im7 pairment, or disruption of treatment works as the 

8 result of harmful intentional acts. 

9 ‘‘(c) MEANS OF CARRYING OUT HARMFUL INTEN10 TIONAL ACTS.—Means referred to in subsection (b)(1) in11 clude— 

12 ‘‘(1) means by which pipes and other con13 structed conveyances used in treatment works could 

14 be destroyed or otherwise prevented from providing 

15 adequate conveyance, pretreatment, treatment, and 

16 disposal of wastewater meeting applicable public 

17 health standards; 

18 ‘‘(2) means by which conveyance, pretreatment, 

19 treatment, storage, and disposal facilities used by, or 

20 in connection with, treatment works could be de21 stroyed or otherwise prevented from providing ade22 quate treatment of wastewater meeting applicable 

23 public health standards; 

24 ‘‘(3) means by which pipes, constructed convey25 ances, pretreatment, treatment, storage, and dis-
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1 posal systems that are used in connection with treat2 ment works could be altered or affected so as to 

3 pose a threat to public health, public safety, or the 

4 environment; 

5 ‘‘(4) means by which pipes, constructed convey6 ances, pretreatment, treatment, storage, and dis7 posal systems that are used in connection with treat8 ment works could be reasonably protected from 

9 harmful intentional acts; 

10 ‘‘(5) means by which pipes, constructed convey11 ances, pretreatment, treatment, storage, and dis12 posal systems could be reasonably secured from use 

13 as a means of transportation by terrorists or other 

14 individuals or groups who intend to threaten public 

15 health or safety; and 

16 ‘‘(6) means by which information systems, in17 cluding process controls and supervisory control, 

18 data acquisition, and cyber systems, at treatment 

19 works could be disrupted by terrorists or other indi20 viduals or groups. 

21 ‘‘(d) CONSIDERATIONS.—In carrying out the review 

22 under this section, the Administrator— 

23 ‘‘(1) shall ensure, to the maximum extent prac24 ticable, that the review reflects the needs of treat-
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1 ment works of various sizes and various geographic 

2 areas of the United States; and 

3 ‘‘(2) may consider the vulnerability of, or poten4 tial for forced interruption of service for, a region or 

5 service area, including the National Capital Area. 

6 ‘‘(e) INFORMATION SHARING.—As soon as prac7 ticable after the review carried out under this section has 

8 been evaluated by the Administrator, the Administrator 

9 shall disseminate to treatment works information on the 

10 results of the review through the Information Sharing and 

11 Analysis Center or other appropriate means. 

12 ‘‘(f) FUNDING.—There is authorized to be appro13 priated to carry out this section $15,000,000 for the pe14 riod of fiscal years 2006 through 2010.’’. 

15 SEC. 4. CONFORMING AMENDMENT. 

16 Section 309(a)(1) of the Federal Water Pollution 

17 Control Act is amended in the first sentence by striking 

18 ‘‘section 402 or 404’’ and inserting the following: ‘‘section 

19 222, 402, or 404’’. 

Æ