IIB 

108TH CONGRESS 

1ST SESSION H. R. 866

IN THE SENATE OF THE UNITED STATES 

MAY 8, 2003

Received; read twice and referred to the Committee on Environment and 

Public Works 

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,
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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—
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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; 
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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; 
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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. 
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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 
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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.’’. 
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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 

21 $1,000,000 for each of the fiscal years 2003 through 

22 2007. Such sums shall remain available until expended.

Passed the House of Representatives May 7, 2003. 

Attest: JEFF TRANDAHL, 

Clerk.