I 

108TH CONGRESS 

1ST SESSION H. R. 866

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

of wastewater treatment works. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 13, 2003

Mr. YOUNG of Alaska (for himself, Mr. OBERSTAR, Mr. DUNCAN, and Mr. 

COSTELLO) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure 

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 2003’’. 

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) GRANTS FOR VULNERABILITY ASSESSMENTS

3 AND SECURITY ENHANCEMENTS.—The Administrator 

4 may make grants to a State, municipality, or intermunic5 ipal or interstate agency—

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

7 publicly owned treatment works; 

8 ‘‘(2) to implement security enhancements listed 

9 in subsection (c)(1) to reduce vulnerabilities identi10 fied in a vulnerability assessment; and 

11 ‘‘(3) to implement additional security enhance12 ments to reduce vulnerabilities identified in a vulner13 ability assessment. 

14 ‘‘(b) VULNERABILITY ASSESSMENTS.—

15 ‘‘(1) DEFINITION.—In this section, the term 

16 ‘vulnerability assessment’ means an assessment of 

17 the vulnerability of a treatment works to actions in18 tended to—

19 ‘‘(A) substantially disrupt the ability of the 

20 treatment works to safely and reliably operate; 

21 or 

22 ‘‘(B) have a substantial adverse effect on 

23 critical infrastructure, public health or safety, 

24 or the environment. 

25 ‘‘(2) IDENTIFICATION OF METHODS TO REDUCE

26 VULNERABILITIES.—A vulnerability assessment in-
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1 cludes identification of procedures, countermeasures, 

2 and equipment that the treatment works can imple3 ment or utilize to reduce the identified 

4 vulnerabilities. 

5 ‘‘(3) REVIEW.—A vulnerability assessment shall 

6 include a review of the vulnerability of the treatment 

7 works’s—

8 ‘‘(A) facilities, systems, and devices used in 

9 the storage, treatment, recycling, or reclamation 

10 of municipal sewage or industrial wastes; 

11 ‘‘(B) intercepting sewers, outfall sewers, 

12 sewage collection systems, and other con13 structed conveyances; 

14 ‘‘(C) electronic, computer, and other auto15 mated systems; 

16 ‘‘(D) pumping, power, and other equip17 ment; 

18 ‘‘(E) use, storage, and handling of various 

19 chemicals; and 

20 ‘‘(F) operation and maintenance proce21 dures. 

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

23 ‘‘(1) PREAPPROVED SECURITY ENHANCE24 MENTS.—Upon certification by an applicant that a 

25 vulnerability assessment has been completed for a 
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1 treatment works and that the security enhancement 

2 for which assistance is sought is to reduce 

3 vulnerabilities of the treatment works identified in 

4 the assessment, the Administrator may make grants 

5 to the applicant under subsection (a)(2) for 1 or 

6 more of the following: 

7 ‘‘(A) Purchase and installation of equip8 ment for access control, intrusion prevention 

9 and delay, and detection of intruders and haz10 ardous 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 re-keying of 

18 doors and locks; and

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

20 mixture detection systems. 

21 ‘‘(B) Security improvements to electronic, 

22 computer, or other automated systems and re23 mote security systems, including controlling ac24 cess to such systems, intrusion detection and 

25 prevention, and system backup. 
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1 ‘‘(C) Participation in training programs 

2 and the purchase of training manuals and guid3 ance materials relating to security. 

4 ‘‘(D) Security screening of employees or 

5 contractor support services. 

6 ‘‘(2) ADDITIONAL SECURITY ENHANCE7 MENTS.—

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

9 make grants under subsection (a)(3) to an ap10 plicant for additional security enhancements not 

11 listed in paragraph (1). 

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

13 grant under this paragraph, an applicant shall 

14 submit an application to the Administrator con15 taining such information as the Administrator 

16 may request. 

17 ‘‘(3) LIMITATIONS.—

18 ‘‘(A) USE OF FUNDS.—Grants under sub19 sections (a)(2) and (a)(3) may not be used for 

20 personnel costs or operation or maintenance of 

21 facilities, equipment, or systems. 

22 ‘‘(B) DISCLOSURE OF VULNERABILITY AS23 SESSMENT.—As a condition of applying for or 

24 receiving a grant under this section, the Admin25 istrator may not require an applicant to provide 
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1 the Administrator with a copy of a vulnerability 

2 assessment. 

3 ‘‘(d) GRANT AMOUNTS.—

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

5 the cost of activities funded by a grant under sub6 section (a) may not exceed 75 percent. 

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

8 grants made under subsections (a)(1) and (a)(2) for 

9 one publicly owned treatment works shall not exceed 

10 $150,000. 

11 ‘‘(e) TECHNICAL ASSISTANCE FOR SMALL PUBLICLY

12 OWNED TREATMENT WORKS.—

13 ‘‘(1) SECURITY ASSESSMENT AND PLANNING

14 ASSISTANCE.—The Administrator, in coordination 

15 the States, may provide technical guidance and as16 sistance to small publicly owned treatment works on 

17 conducting a vulnerability assessment and implemen18 tation of security enhancements to reduce 

19 vulnerabilities identified in a vulnerability assess20 ment. Such assistance may include technical assist21 ance programs, training, and preliminary engineer22 ing evaluations. 

23 ‘‘(2) PARTICIPATION BY NONPROFIT ORGANIZA24 TIONS.—The Administrator may make grants to 
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1 nonprofit organizations to assist in accomplishing 

2 the purposes of this subsection. 

3 ‘‘(3) SMALL PUBLICLY OWNED TREATMENT

4 WORKS DEFINED.—In this subsection, the term 

5 ‘small publicly owned treatment works’ means a 

6 publicly owned treatment works that services a pop7 ulation of fewer than 20,000 persons. 

8 ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—There 

9 is authorized to be appropriated to the Administrator—

10 ‘‘(1) $200,000,000 for making grants under 

11 subsection (a); and 

12 ‘‘(2) $15,000,000 for providing technical assist13 ance under subsection (e). 

14 Such sums shall remain available until expended.’’. 

15 SEC. 3. REFINEMENT OF VULNERABILITY ASSESSMENT 

16 METHODOLOGY FOR PUBLICLY OWNED 

17 TREATMENT WORKS. 

18 (a) GRANTS.—The Administrator of the Environ19 mental Protection Agency may make grants to a nonprofit 

20 organization for the improvement of vulnerability self-as21 sessment methodologies and tools for publicly owned treat22 ment works, including publicly owned treatment works 

23 that are part of a combined public wastewater treatment 

24 and water supply system. 
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1 (b) ELIGIBLE ACTIVITIES.—Grants provided under 

2 this section may be used for developing and distributing 

3 vulnerability self-assessment methodology software up4 grades, improving and enhancing critical technical and 

5 user support functions, expanding libraries of information 

6 addressing both threats and countermeasures, and imple7 menting user training initiatives. Such services shall be 

8 provided at no cost to recipients. 

9 (c) AUTHORIZATION OF APPROPRIATIONS.—There is 

10 authorized to be appropriated to carry out this section 

11 $1,000,000 for each of the fiscal years 2003 through 

12 2007. Such sums shall remain available until expended.

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