108TH CONGRESS

1ST SESSION H. R. 866

AN ACT

To amend the Federal Water Pollution Control Act

to enhance the security of wastewater treatmentworks.

108TH CONGRESS

1ST SESSION H. R. 866

AN ACT

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,
2

•HR 866 EH

1 SECTION 1. SHORT TITLE.

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

3 Works Security Act of 2003’’.

4 SEC. 2. WASTEWATER TREATMENT WORKS SECURITY.

5 Title II of the Federal Water Pollution Control Act

6 (33 U.S.C. 1281 et seq.) is amended by adding at the end

7 the following:

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

9 ‘‘(a) GRANTS FOR VULNERABILITY ASSESSMENTS

10 AND SECURITY ENHANCEMENTS.—The Administrator

11 may make grants to a State, municipality, or intermunic12 ipal or interstate agency—

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

14 publicly owned treatment works;

15 ‘‘(2) to implement security enhancements listed

16 in subsection (c)(1) to reduce vulnerabilities identi17 fied in a vulnerability assessment; and

18 ‘‘(3) to implement additional security enhance19 ments to reduce vulnerabilities identified in a vulner20 ability assessment.

21 ‘‘(b) VULNERABILITY ASSESSMENTS.—

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

23 ‘vulnerability assessment’ means an assessment of

24 the vulnerability of a treatment works to actions in25 tended to—
3

•HR 866 EH

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

2 treatment works to safely and reliably operate;

3 or

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

5 critical infrastructure, public health or safety,

6 or the environment.

7 ‘‘(2) IDENTIFICATION OF METHODS TO REDUCE

8 VULNERABILITIES.—A vulnerability assessment in9 cludes identification of procedures, countermeasures,

10 and equipment that the treatment works can imple11 ment or utilize to reduce the identified

12 vulnerabilities.

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

14 include a review of the vulnerability of the treatment

15 works’s—

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

17 the storage, treatment, recycling, or reclamation

18 of municipal sewage or industrial wastes;

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

20 sewage collection systems, and other con21 structed conveyances;

22 ‘‘(C) electronic, computer, and other auto23 mated systems;

24 ‘‘(D) pumping, power, and other equip25 ment;
4

•HR 866 EH

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

2 chemicals; and

3 ‘‘(F) operation and maintenance proce4 dures.

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

6 ‘‘(1) PREAPPROVED SECURITY ENHANCE7 MENTS.—Upon certification by an applicant that a

8 vulnerability assessment has been completed for a

9 treatment works and that the security enhancement

10 for which assistance is sought is to reduce

11 vulnerabilities of the treatment works identified in

12 the assessment, the Administrator may make grants

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

14 more of the following:

15 ‘‘(A) Purchase and installation of equip16 ment for access control, intrusion prevention

17 and delay, and detection of intruders and haz18 ardous or dangerous substances, including—

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

20 ‘‘(ii) security lighting and cameras;

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

22 outfall entry barriers;

23 ‘‘(iv) securing of manhole covers and

24 fill and vent pipes;
5

•HR 866 EH

1 ‘‘(v) installation and re-keying of

2 doors and locks; and

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

4 mixture detection systems.

5 ‘‘(B) Security improvements to electronic,

6 computer, or other automated systems and re7 mote security systems, including controlling ac8 cess to such systems, intrusion detection and

9 prevention, and system backup.

10 ‘‘(C) Participation in training programs

11 and the purchase of training manuals and guid12 ance materials relating to security.

13 ‘‘(D) Security screening of employees or

14 contractor support services.

15 ‘‘(2) ADDITIONAL SECURITY ENHANCE16 MENTS.—

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

18 make grants under subsection (a)(3) to an ap19 plicant for additional security enhancements not

20 listed in paragraph (1).

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

22 grant under this paragraph, an applicant shall

23 submit an application to the Administrator con24 taining such information as the Administrator

25 may request.
6

•HR 866 EH

1 ‘‘(3) LIMITATIONS.—

2 ‘‘(A) USE OF FUNDS.—Grants under sub3 sections (a)(2) and (a)(3) may not be used for

4 personnel costs or operation or maintenance of

5 facilities, equipment, or systems.

6 ‘‘(B) DISCLOSURE OF VULNERABILITY AS7 SESSMENT.—As a condition of applying for or

8 receiving a grant under this section, the Admin9 istrator may not require an applicant to provide

10 the Administrator with a copy of a vulnerability

11 assessment.

12 ‘‘(d) GRANT AMOUNTS.—

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

14 the cost of activities funded by a grant under sub15 section (a) may not exceed 75 percent.

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

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

18 one publicly owned treatment works shall not exceed

19 $150,000.

20 ‘‘(e) TECHNICAL ASSISTANCE FOR SMALL PUBLICLY

21 OWNED TREATMENT WORKS.—

22 ‘‘(1) SECURITY ASSESSMENT AND PLANNING

23 ASSISTANCE.—The Administrator, in coordination

24 the States, may provide technical guidance and as25 sistance to small publicly owned treatment works on
7

•HR 866 EH

1 conducting a vulnerability assessment and implemen2 tation of security enhancements to reduce

3 vulnerabilities identified in a vulnerability assess4 ment. Such assistance may include technical assist5 ance programs, training, and preliminary engineer6 ing evaluations.

7 ‘‘(2) PARTICIPATION BY NONPROFIT ORGANIZA8 TIONS.—The Administrator may make grants to

9 nonprofit organizations to assist in accomplishing

10 the purposes of this subsection.

11 ‘‘(3) SMALL PUBLICLY OWNED TREATMENT

12 WORKS DEFINED.—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 20,000 persons.

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

17 is authorized to be appropriated to the Administrator—

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

19 subsection (a); and

20 ‘‘(2) $15,000,000 for providing technical assist21 ance under subsection (e).

22 Such sums shall remain available until expended.’’.
8

•HR 866 EH

1 SEC. 3. REFINEMENT OF VULNERABILITY ASSESSMENT

2 METHODOLOGY FOR PUBLICLY OWNED

3 TREATMENT WORKS.

4 (a) GRANTS.—The Administrator of the Environ5 mental Protection Agency may make grants to a nonprofit

6 organization for the improvement of vulnerability self-as7 sessment methodologies and tools for publicly owned treat8 ment works, including publicly owned treatment works

9 that are part of a combined public wastewater treatment

10 and water supply system.

11 (b) ELIGIBLE ACTIVITIES.—Grants provided under

12 this section may be used for developing and distributing

13 vulnerability self-assessment methodology software up14 grades, improving and enhancing critical technical and

15 user support functions, expanding libraries of information

16 addressing both threats and countermeasures, and imple17 menting user training initiatives. Such services shall be

18 provided at no cost to recipients.

19 (c) AUTHORIZATION OF APPROPRIATIONS.—There is

20 authorized to be appropriated to carry out this section
9

•HR 866 EH

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

2 2007. Such sums shall remain available until expended.

Passed the House of Representatives May 7, 2003.

Attest:

Clerk.