II 

110TH CONGRESS 

1ST SESSION S. 1303 

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

of wastewater treatment works. 

IN THE SENATE OF THE UNITED STATES 

MAY 3, 2007 

Mr. INHOFE (for himself, Mr. ISAKSON, and Mr. VITTER) 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 2007’’. 

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). 


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1 ‘‘(3) SITE SECURITY PLAN.—The term ‘site se2 curity plan’ means a plan to implement, to the max3 imum extent practicable, changes at a treatment 

4 works based on information in a vulnerability assess5 ment to address risks posed by a disruption of serv6 ice event. 

7 ‘‘(4) VULNERABILITY ASSESSMENT.— 

8 ‘‘(A) IN GENERAL.—The term ‘vulner9 ability assessment’ means an assessment of the 

10 vulnerability of a treatment works to a disrup11 tion of service event. 

12 ‘‘(B) INCLUSIONS.—The term ‘vulner13 ability assessment’ may include— 

14 ‘‘(i) a characterization of the treat15 ment works, including, with respect to the 

16 treatment works— 

17 ‘‘(I) mission and objective; 

18 ‘‘(II) customer base; 

19 ‘‘(III) the facilities that comprise 

20 the treatment works, including— 

21 ‘‘(aa) the collection system; 

22 ‘‘(bb) the pumping station; 

23 ‘‘(cc) the power supply; 

24 ‘‘(dd) electronic and com25 puter systems; and 


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1 ‘‘(ee) chemical containers; 

2 ‘‘(IV) processes; and 

3 ‘‘(V) assets for achieving treat4 ment works objectives; 

5 ‘‘(ii) an identification and 

6 prioritization of adverse consequences to 

7 avoid at the treatment works, including— 

8 ‘‘(I) substantial disruptions of 

9 service; 

10 ‘‘(II) economic impacts; 

11 ‘‘(III) loss of life; and 

12 ‘‘(IV) negative health con13 sequences for staff at the treatment 

14 works; 

15 ‘‘(iii) an identification of adverse con16 sequences to the public health and safety 

17 and the environment and natural re18 sources; 

19 ‘‘(iv) a determination of critical assets 

20 of the treatment works that may be subject 

21 to a disruption of service event, includ22 ing— 

23 ‘‘(I) pumping stations; 

24 ‘‘(II) power sources; 


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1 ‘‘(III) electronic and computer 

2 systems; and 

3 ‘‘(IV) disinfection processes; 

4 ‘‘(v) an assessment of— 

5 ‘‘(I) the qualitative probability of 

6 a disruption of service event; and 

7 ‘‘(II) whether the disruption of 

8 service event is the result of a natural 

9 or an intentional occurrence; 

10 ‘‘(vi) an evaluation of existing coun11 termeasures relating to the treatment 

12 works; and 

13 ‘‘(vii) an analysis of current risk relat14 ing to the treatment works and the devel15 opment of a prioritized plan for risk reduc16 tion at the treatment works. 

17 ‘‘(b) GRANTS FOR VULNERABILITY ASSESSMENTS

18 AND SECURITY ENHANCEMENTS.—The Administrator 

19 may provide grants to any State, municipality, intermunic20 ipal or interstate agency, or privately owned utility that 

21 principally treats municipal wastewater— 

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

23 publicly owned treatment works; 


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1 ‘‘(2) to implement security enhancements de2 scribed in subsection (c)(1) to reduce vulnerabilities 

3 identified in a vulnerability assessment; 

4 ‘‘(3) for the development, expansion, or upgrad5 ing of an emergency response plan and site security 

6 plan; and 

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

8 network of treatment works of, or voluntary partici9 pation by a treatment works in, a mutual aid and 

10 emergency network preparedness agreement devel11 oped in accordance with the National Incident Man12 agement System established pursuant to presidential 

13 directive number 5 of the Department of Homeland 

14 Security. 

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

16 ‘‘(1) SECURITY ENHANCEMENTS.—On certifi17 cation by a State, municipality, intermunicipal or 

18 interstate agency, or privately owned utility that 

19 principally treats municipal wastewater that a vul20 nerability assessment has been completed for a 

21 treatment works, and that the security enhancement 

22 for which assistance is sought is for the purpose of 

23 reducing vulnerabilities of the treatment works iden24 tified in the vulnerability assessment, the Adminis25 trator may provide grants under this subsection to 


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1 the State, municipality, intermunicipal or interstate 

2 agency, or privately owned utility. 

3 ‘‘(2) USES OF GRANT FUNDS.—The eligible 

4 uses for grant funds provided under paragraph (1) 

5 may include— 

6 ‘‘(A) the purchase and installation of 

7 equipment for materials and activities relating 

8 to access control, intrusion prevention and 

9 delay, and detection of intruders and hazardous 

10 or dangerous substances, including— 

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

12 ‘‘(ii) security lighting and cameras; 

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

14 outfall entry barriers; 

15 ‘‘(iv) securing of manhole covers and 

16 fill and vent pipes; 

17 ‘‘(v) installation and rekeying of doors 

18 and locks; and 

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

20 mixture detection systems; 

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

22 the security for electronic, computer, or other 

23 automated systems and remote security sys24 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; 

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

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

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

10 employees or contractor support services. 

11 ‘‘(3) LIMITATIONS.— 

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

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

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

15 ‘‘(ii) operation or maintenance of fa16 cilities, equipment, or systems. 

17 ‘‘(B) DISCLOSURE OF VULNERABILITY AS18 SESSMENT.— 

19 ‘‘(i) IN GENERAL.—Except as pro20 vided in clause (ii), as a condition of apply21 ing for or receiving a grant under this sub22 section, the Administrator may not require 

23 an applicant to provide the Administrator 

24 with a copy of a vulnerability assessment. 


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1 ‘‘(ii) EXCEPTION.—To ensure compli2 ance with any applicable Federal grant re3 quirement, the Administrator or a designee 

4 of the Administrator— 

5 ‘‘(I) may request and view a copy 

6 of a vulnerability assessment associ7 ated with a grant under this section; 

8 but 

9 ‘‘(II) shall not take possession or 

10 control of the copy. 

11 ‘‘(C) RESPONSIBILITY OF ADMINIS12 TRATOR.—Not later than December 31, 2006, 

13 the Administrator, in consultation with appro14 priate Federal law enforcement and intelligence 

15 officials, shall incorporate into existing proto16 cols for protection of sensitive information a 

17 method by which the Administrator will protect 

18 from unauthorized disclosure vulnerability as19 sessment information viewed by the Adminis20 trator or a designee of the Administrator pursu21 ant to subparagraph (B)(ii). 

22 ‘‘(D) PENALTIES.— 

23 ‘‘(i) IN GENERAL.—Except as pro24 vided in clause (ii), any individual who 

25 views a vulnerability assessment, a reproVerDate Aug 31 2005 22:43 May 04, 2007 Jkt 059200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S1303.IS S1303

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1 duction of a vulnerability assessment, or 

2 any information derived from a vulner3 ability assessment, pursuant to subpara4 graph (B)(ii) and who knowingly or reck5 lessly reveals the vulnerability assessment, 

6 reproduction, or information other than to 

7 the Administrator or an individual des8 ignated by the Administrator, or for use in 

9 an administrative or judicial proceeding to 

10 impose a penalty for failure to comply with 

11 this section, shall, on conviction— 

12 ‘‘(I) be imprisoned for not more 

13 than 1 year or fined in accordance 

14 with chapter 227 of title 18, United 

15 States Code, as applicable to class A 

16 misdemeanors, or both; and 

17 ‘‘(II) be removed from Federal 

18 office or employment. 

19 ‘‘(ii) EXCEPTION.—Notwithstanding 

20 clause (i), a designee of the Administrator 

21 who is an officer or employee of the United 

22 States may discuss with any State or local 

23 government official the contents of a vul24 nerability assessment viewed under this 

25 paragraph. 


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1 ‘‘(E) EFFECT OF PARAGRAPH.—Nothing 

2 in this paragraph authorizes any person to 

3 withhold any information from Congress or any 

4 committee or subcommittee of Congress. 

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

6 that knowingly submits to the Administrator a false 

7 certification or material statement under this sub8 section shall be subject to a criminal penalty under 

9 section 309(c)(4). 

10 ‘‘(5) EXEMPTION UNDER FOIA AND RELATED

11 LAWS.—Except for information in a certification 

12 under this subsection identifying the system for 

13 which the certification is submitted and the date of 

14 certification of the system, all information contained 

15 in a vulnerability assessment certified by an appli16 cant or derived from a vulnerability assessment 

17 under this section shall be exempt from the disclo18 sure requirements under— 

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

20 Code (commonly known as the ‘Freedom of In21 formation Act’); and 

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

23 public access to information. 

24 ‘‘(d) GRANT AMOUNTS.— 


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

2 the cost of an activity funded by a grant under sub3 section (b) shall not exceed 50 percent, as deter4 mined by the Administrator. 

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

6 grants made under subsection (b) for any publicly 

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

8 as determined by the Administrator. 

9 ‘‘(e) TECHNICAL ASSISTANCE FOR SMALL PUBLICLY

10 OWNED TREATMENT WORKS.— 

11 ‘‘(1) DEFINITION OF SMALL PUBLICLY OWNED

12 TREATMENT WORKS.—In this subsection, the term 

13 ‘small publicly owned treatment works’ means a 

14 publicly owned treatment works that services a pop15 ulation of fewer than 10,000 individuals. 

16 ‘‘(2) SECURITY ASSESSMENT AND PLANNING

17 ASSISTANCE.— 

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

19 coordination with the States, may provide tech20 nical guidance and assistance to small publicly 

21 owned treatment works for— 

22 ‘‘(i) the conduct of a vulnerability as23 sessment, emergency response plan, or site 

24 security plan; and 


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1 ‘‘(ii) the implementation of security 

2 enhancements to reduce vulnerabilities 

3 identified in a vulnerability assessment. 

4 ‘‘(B) INCLUSIONS.—Technical guidance 

5 and assistance provided under subparagraph 

6 (A) may include technical assistance programs, 

7 training, and preliminary engineering evalua8 tions. 

9 ‘‘(3) PARTICIPATION BY NONPROFIT ORGANIZA10 TIONS.—The Administrator may provide grants to 

11 nonprofit organizations to assist in accomplishing 

12 the purposes of this subsection. 

13 ‘‘(f) REFINEMENT OF VULNERABILITY ASSESSMENT

14 METHODOLOGY FOR PUBLICLY OWNED TREATMENT

15 WORKS.— 

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

17 to nonprofit organizations 1 or more grants to be 

18 used in improving vulnerability self-assessment 

19 methodologies and tools for publicly owned treat20 ment works, including publicly owned treatment 

21 works that are part of a combined public wastewater 

22 treatment and water supply system. 

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

24 under this subsection may be used— 


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1 ‘‘(A) to develop and distribute vulnerability 

2 self-assessment methodology software upgrades; 

3 ‘‘(B) to improve and enhance critical tech4 nical and user support functions; 

5 ‘‘(C) to expand libraries of information ad6 dressing threats and countermeasures; and 

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

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

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

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

11 service. 

12 ‘‘(g) TRAINING GRANTS.— 

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

14 provide grants to nonprofit organizations to be used 

15 in accordance with paragraph (2) to implement a 

16 comprehensive training program for treatment works 

17 or privately owned utilities that principally treat mu18 nicipal wastewater. 

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

20 under paragraph (1) may be used— 

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

22 program to assist treatment works in— 

23 ‘‘(i) conducting vulnerability assess24 ments using vulnerability self-assessment 

25 methodology software; 


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1 ‘‘(ii) developing emergency response 

2 plans; and 

3 ‘‘(iii) identifying security enhance4 ments, including operational adjustments 

5 and design practices; and 

6 ‘‘(B) to develop and disseminate to treat7 ment works information on best practices for 

8 emergency response plans and security enhance9 ments, including operational adjustments and 

10 design practices. 

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

12 provided pursuant to a grant under paragraph (1) 

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

14 assistance. 

15 ‘‘(h) AUTHORIZATION OF APPROPRIATIONS.—There 

16 is authorized to be appropriated— 

17 ‘‘(1) $200,000,000 for use in making grants 

18 under subsection (b), to remain available until ex19 pended; 

20 ‘‘(2) $15,000,000 for use in providing assist21 ance under subsections (e) and (g); and 

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

23 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 

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 20:57 May 09, 2007 Jkt 059200 PO 00000 Frm 00018 Fmt 6652 Sfmt 6201 E:\BILLS\S1303.IS S1303

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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; and 

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. 

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

12 is authorized to be appropriated to carry out this section 

13 $5,000,000 for each of fiscal years 2007 through 2011.’’. 

Æ 


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