To amend the Federal Water Pollution Control Act to enhance the security of wastewater treatment works.

May 12, 2003

Mr. INHOFE (for himself and Mr. CRAPO) introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works

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 Representatives 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 2003'.

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) DEFINITION OF VULNERABILITY ASSESSMENT-

`(1) IN GENERAL- In this section, the term `vulnerability assessment' means an assessment of the vulnerability of a treatment works to an unlawful action intended--

`(A) to substantially disrupt the ability of the treatment works to safely and reliably operate; or

`(B) to have a substantial adverse effect on critical infrastructure, public health or safety, or the environment.

`(2) INCLUSIONS- The term `vulnerability assessment' includes--

`(A) a review of the vulnerabilities of the treatment works that identifies, with respect to the treatment works--

`(i) facilities, systems, and devices used in the storage, treatment, recycling, or reclamation of municipal sewage or industrial wastes;

`(ii) intercepting sewers, outfall sewers, sewage collection systems, and other constructed conveyances;

`(iii) electronic, computer, and other automated systems;

`(iv) pumping, power, and other equipment;

`(v) use, storage, and handling of various chemicals; and

`(vi) operation and maintenance procedures; and

`(B) the identification of procedures, countermeasures, and equipment that a treatment works may implement or use to reduce the vulnerabilities of the treatment works identified in a review described in subparagraph (A).

`(b) GRANTS FOR VULNERABILITY ASSESSMENTS AND SECURITY ENHANCEMENTS- The Administrator may provide grants to a State, municipality, or intermunicipal or interstate agency--

`(1) to conduct a vulnerability assessment of a publicly owned treatment works; and

`(2) to implement security enhancements described in subsection (c)(1) and other security enhancements to reduce vulnerabilities identified in a vulnerability assessment.

`(c) GRANTS FOR SECURITY ENHANCEMENTS-

`(1) PREAPPROVED SECURITY ENHANCEMENTS- Except as provided in paragraph (3), on certification by an applicant that a vulnerability assessment has been completed for a treatment works, and that the security enhancement for which assistance is sought is for the purpose of reducing vulnerabilities of the treatment works identified in the vulnerability assessment, the Administrator may provide grants to the applicant under subsection (b)(2) for 1 or more of the uses described in paragraph (2).

`(2) USES OF GRANT FUNDS- The uses referred to in paragraph (1) are--

`(A) the purchase and installation of equipment for materials and activities relating to access control, intrusion prevention and delay, and detection of intruders and hazardous 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 rekeying of doors and locks; and

`(vi) smoke, chemical, and explosive mixture detection systems;

`(B) the conduct of an activity to improve the security for electronic, computer, or other automated systems and remote security systems, including--

`(i) controlling access to those systems;

`(ii) intrusion detection and prevention; and

`(iii) system backup;

`(C) participation in a training program, and the purchase of training manuals and guidance material, relating to security; and

`(D) the conduct of security screening of employees or contractor support services.

`(3) ADDITIONAL SECURITY ENHANCEMENTS-

`(A) GRANTS- The Administrator may provide a grant under subsection (b) to an applicant for additional security enhancements not specified in paragraph (2).

`(B) ELIGIBILITY- To be eligible for a grant under this subsection, an applicant shall--

`(i) submit to the Administrator an application containing a description of the security enhancement; and

`(ii) obtain approval of the application by the Administrator.

`(4) LIMITATIONS-

`(A) USE OF FUNDS- A grant provided under subsection (b) shall not be used for--

`(i) payment of personnel costs; or

`(ii) operation or maintenance of facilities, equipment, or systems.

`(B) DISCLOSURE OF VULNERABILITY ASSESSMENT- As a condition of applying for or receiving a grant under this subsection, the Administrator 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 an activity funded by a grant under subsection (b) shall not exceed 75 percent, as determined by the Administrator.

`(2) MAXIMUM AMOUNT- The total amount of grants made under subsection (b) for any publicly owned treatment works shall not exceed $150,000, as determined by the Administrator.

`(e) TECHNICAL ASSISTANCE FOR SMALL PUBLICLY OWNED TREATMENT WORKS-

`(1) DEFINITION OF SMALL PUBLICLY OWNED TREATMENT WORKS- In this subsection, the term `small publicly owned treatment works' means a publicly owned treatment works that services a population of fewer than 20,000 individuals.

`(2) SECURITY ASSESSMENT AND PLANNING ASSISTANCE-

`(A) IN GENERAL- The Administrator, in coordination with the States, may provide technical guidance and assistance to small publicly owned treatment works for--

`(i) the conduct of a vulnerability assessment; and

`(ii) the implementation of security enhancements to reduce vulnerabilities identified in a vulnerability assessment.

`(B) INCLUSIONS- Technical guidance and assistance provided under subparagraph (A) may include technical assistance programs, training, and preliminary engineering evaluations.

`(3) PARTICIPATION BY NONPROFIT ORGANIZATIONS- The Administrator may provide grants to nonprofit organizations to assist in accomplishing the purposes of this subsection.

`(f) REFINEMENT OF VULNERABILITY ASSESSMENT METHODOLOGY FOR PUBLICLY OWNED TREATMENT WORKS-

`(1) GRANTS- The Administrator may provide to nonprofit organizations 1 or more grants to be used in improving vulnerability self-assessment methodologies and tools for publicly owned treatment works, including publicly owned treatment works that are part of a combined public wastewater treatment and water supply system.

`(2) ELIGIBLE ACTIVITIES- A grant provided under this subsection may be used--

`(A) to develop and distribute vulnerability self-assessment methodology software upgrades;

`(B) to improve and enhance critical technical and user support functions;

`(C) to expand libraries of information addressing threats and countermeasures; and

`(D) to implement user training initiatives.

`(3) COST- A service described in paragraph (2) that is funded by a grant under this subsection shall be provided at no cost to the recipients of the service.

`(g) AUTHORIZATION OF APPROPRIATIONS- There is authorized to be appropriated, to remain available until expended--

`(1) $200,000,000 for use in making grants under subsection (b);

`(2) $15,000,000 for use in providing assistance under subsection (e); and

`(3) to carry out subsection (f), $1,000,000 for each of fiscal years 2003 through 2007.'.

END