I
107TH CONGRESS
2D SESSION
H. R. 5169
To amend the Federal Water Pollution Control Act to enhance the security
of wastewater treatment works.
IN THE HOUSE OF REPRESENTATIVES
JULY 22, 2002
Mr. YOUNG of Alaska (for himself, Mr. OBERSTAR, Mr. DUNCAN, and Mr.
DEFAZIO) introduced the following bill; which was referred to the Com-
mittee on Transportation and Infrastructure
A BILL
To amend the Federal Water Pollution Control Act to
enhance the security of wastewater treatment works.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Wastewater Treatment
Works Security Act of 2002’’.
SEC. 2. WASTEWATER TREATMENT WORKS SECURITY.
Title II of the Federal Water Pollution Control Act
(33 U.S.C. 1281 et seq.) is amended by adding at the end
the following:
‘‘SEC. 222. WASTEWATER TREATMENT WORKS SECURITY.
‘‘(a) GRANTS
FOR VULNERABILITY ASSESSMENTS
AND
SECURITY
ENHANCEMENTS.—The Administrator
may make grants to a State, municipality, or intermunic-
ipal or interstate agency—
‘‘(1) to conduct a vulnerability assessment of a
publicly owned treatment works;
‘‘(2) to implement security enhancements listed
in subsection (c)(1) to reduce vulnerabilities identi-
fied in a vulnerability assessment; and
‘‘(3) to implement additional security enhance-
ments to reduce vulnerabilities identified in a vulner-
ability assessment.
‘‘(b) VULNERABILITY ASSESSMENTS.—
‘‘(1) DEFINITION.—In this section, the term
‘vulnerability assessment’ means an assessment of
the vulnerability of a treatment works to actions in-
tended to—
‘‘(A) substantially disrupt the ability of the
treatment works to safely and reliably operate;
or
‘‘(B) have a substantial adverse effect on
critical infrastructure, public health or safety,
or the environment.
‘‘(2) IDENTIFICATION OF METHODS TO REDUCE
VULNERABILITIES.—A vulnerability assessment in-
cludes identification of procedures, countermeasures,
and equipment that the treatment works can imple-
ment 
or 
utilize 
to 
reduce 
the 
identified
vulnerabilities.
‘‘(3) REVIEW.—A vulnerability assessment shall
include a review of the vulnerability of the treatment
work’s—
‘‘(A) facilities, systems, and devices used in
the storage, treatment, recycling, or reclamation
of municipal sewage or industrial wastes;
‘‘(B) intercepting sewers, outfall sewers,
sewage collection systems, and other con-
structed conveyances;
‘‘(C) electronic, computer, and other auto-
mated systems;
‘‘(D) pumping, power, and other equip-
ment;
‘‘(E) use, storage, and handling of various
chemicals; and
‘‘(F) operation and maintenance proce-
dures.
‘‘(c) GRANTS FOR SECURITY ENHANCEMENTS.—
‘‘(1) 
PREAPPROVED
SECURITY
ENHANCE-
MENTS.—Upon certification by an applicant that the
applicant has completed a vulnerability assessment
for a treatment works and that the security en-
hancement for which assistance is sought is to re-
duce vulnerabilities of the treatment works identified
in the assessment, the Administrator may make
grants to the applicant under subsection (a)(2) for
1 or more of the following:
‘‘(A) Purchase and installation of equip-
ment for access control, intrusion prevention
and delay, and detection of intruders and haz-
ardous or dangerous substances, including—
‘‘(i) barriers, fencing, and gates;
‘‘(ii) security lighting and cameras;
‘‘(iii) metal grates, wire mesh, and
outfall entry barriers;
‘‘(iv) securing of manhole covers and
fill and vent pipes;
‘‘(v) installation and re-keying of
doors and locks; and
‘‘(vi) smoke, chemical, and explosive
mixture detection systems.
‘‘(B) Security improvements to electronic,
computer, or other automated systems and re-
mote security systems, including controlling ac-
cess to such systems, intrusion detection and
prevention, and system backup.
‘‘(C) Participation in training programs
and the purchase of training manuals and guid-
ance materials relating to security.
‘‘(D) Security screening of employees or
contractor support services.
‘‘(2) 
ADDITIONAL
SECURITY
ENHANCE-
MENTS.—
‘‘(A) GRANTS.—The Administrator may
make grants under subsection (a)(3) to an ap-
plicant for additional security enhancements not
listed in paragraph (1).
‘‘(B) ELIGIBILITY.—To be eligible for a
grant under this paragraph, an applicant shall
submit an application to the Administrator con-
taining such information as the Administrator
may request.
‘‘(3) LIMITATIONS.—
‘‘(A) USE OF FUNDS.—Grants under sub-
sections (a)(2) and (a)(3) may not be used for
personnel costs or operation or maintenance of
facilities, equipment, or systems.
‘‘(B) DISCLOSURE OF VULNERABILITY AS-
SESSMENT.—As a condition of applying for or
receiving a grant under this section, the Admin-
istrator may not require an applicant to provide
the Administrator with a copy of a vulnerability
assessment.
‘‘(d) GRANT AMOUNTS.—
‘‘(1) FEDERAL SHARE.—The Federal share of
the cost of activities funded by a grant under sub-
section (a) may not exceed 75 percent.
‘‘(2) MAXIMUM AMOUNT.—The total amount of
grants made under subsections (a)(1) and (a)(2) for
one publicly owned treatment works shall not exceed
$150,000.
‘‘(e) TECHNICAL ASSISTANCE FOR SMALL PUBLICLY
OWNED TREATMENT WORKS.—
‘‘(1) SECURITY
ASSESSMENT
AND
PLANNING
ASSISTANCE.—The Administrator, in coordination
the States, may provide technical guidance and as-
sistance to small publicly owned treatment works on
conducting a vulnerability assessment and implemen-
tation 
of 
security 
enhancements 
to 
reduce
vulnerabilities identified in a vulnerability assess-
ment. Such assistance may include technical assist-
ance programs, training, and preliminary engineer-
ing evaluations.
‘‘(2) PARTICIPATION BY NONPROFIT ORGANIZA-
TIONS.—The Administrator may make grants to
nonprofit organizations to assist in accomplishing
the purposes of this subsection.
‘‘(3) SMALL
PUBLICLY
OWNED
TREATMENT
WORKS
DEFINED.—In this subsection, the term
‘small publicly owned treatment works’ means a
publicly owned treatment works that services a pop-
ulation of fewer than 20,000 persons.
‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—There
is authorized to be appropriated to the Administrator—
‘‘(1) $200,000,000 for making grants under
subsection (a); and
‘‘(2) $15,000,000 for providing technical assist-
ance under subsection (e).
Such sums shall remain available until expended.’’.
SEC. 3. REFINEMENT OF VULNERABILITY ASSESSMENT
METHODOLOGY 
FOR 
PUBLICLY 
OWNED
TREATMENT WORKS.
(a) GRANTS.—The Administrator of the Environ-
mental Protection Agency may make grants to a nonprofit
organization for the improvement of vulnerability self-as-
sessment methodologies and tools for publicly owned treat-
ment works, including publicly owned treatment works
that are part of a combined public wastewater treatment
and water supply system.
(b) ELIGIBLE ACTIVITIES.—Grants provided under
this section may be used for developing and distributing
vulnerability self-assessment methodology software up-
grades, improving and enhancing critical technical and
user support functions, expanding libraries of information
addressing both threats and countermeasures, and imple-
menting user training initiatives. Such services shall be
provided at no cost to recipients.
(c) AUTHORIZATION OF APPROPRIATIONS.—There is
authorized to be appropriated to carry out this section
$1,000,000 for each of the fiscal years 2003 through
2007. Such sums shall remain available until expended.
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