[Senate Report 107-119]
[From the U.S. Government Publishing Office]
Calendar No. 273
107th Congress Report
SENATE
1st Session 107-119
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WATER SECURITY PROGRAM GRANTS
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December 10, 2001.--Ordered to be printed
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Mr. Jeffords, from the Committee on Environment and Public Works,
submitted the following
R E P O R T
[to accompany S. 1608]
[Including cost estimate of the Congressional Budget Office]
The Committee on Environment and Public Works, to which was
referred a bill (S. 1608) to establish a program to provide
grants to drinking water and wastewater facilities to meet
immediate security needs, having considered the same reports
favorably thereon with an amendment and recommends that the
bill, as amended, do pass.
General Statement and Background
In the wake of the events of September 11, 2001, our
nation's drinking water and wastewater facilities have worked
diligently to ensure that they are protected from any potential
security breaches. This is an effort that needs to occur as
soon as possible. However, in many cases, this is also an
unplanned effort, and therefore, in many cases, unbudgeted. The
purpose of this legislation is to provide short-term assistance
for these facilities to upgrade their physical security before
the end of the fiscal year in which this legislation is
enacted. The committee does not intend for this program to
provide any mid-term or long-term assistance for physical
security upgrades to drinking water and wastewater facilities.
This legislation is intended to provide a rapid infusion of
assistance to ensure that our nation's water infrastructure
system is as secure as possible in the wake of the events of
September 11, 2001.
Section-by-Section Analysis
Section 1. Water Security Grants
This section establishes the grant program by which the
Administrator of the Environmental Protection Agency will
provide assistance to drinking water and wastewater facilities.
Subsection defines key terms in the bill. ``Administrator''
is defined as the Administrator of the Environmental Protection
Agency. ``Eligible entity'' is defined as a publicly or
privately owned drinking water or wastewater facility. An
``eligible project or activity'' is defined as a project or
activity carried out by an eligible entity to address an
immediate physical security need. This section clarifies that
the following items are included in the definition of eligible
project or activity: security staffing, detection of intruders,
installation and maintenance of fencing, gating, or lighting;
installation of and monitoring on closed-circuit television;
rekeying of doors and locks; site maintenance, such as
maintenance to increase visibility around facilities, windows,
and doorways; development, acquisition, or use of guidance
manuals, educational videos, or training programs; and a
program established by a State to provide technical assistance
or training to water and wastewater facility managers,
especially such a program that emphasizes small or rural
eligible entities.
This subsection also excludes any large-scale or system-
wide project that includes a large capital improvement or
vulnerability assessment. The committee included this language
to ensure that the funds provided under this authorization are
only used for short-term, immediate physical security
improvements. The committee anticipates that all drinking water
and wastewater facilities will undertake a full-scale physical
and cyber vulnerability assessment. The committee anticipates
that the majority of security modifications at drinking water
and wastewater facilities will be made as a result of these
assessments. The committee does not intend for the funds
provided under this bill to pay for these types of
modifications.
Subsection (b) requires the Administrator to establish a
grant program to allocate funds to States for use in awarding
grants to eligible entities. The funds will be provided to
States in accordance with the formula in section 1452(a)(1)(D)
of the Safe Drinking Water Act (42 U.S.C. 300j-12(a)(1)(D))
within 30 days. The States are required to distribute a notice
to each eligible entity that funds are available within 30 days
after receipt of funds.
Subsection (c) provides for the award of grants. Eligible
entities are required to submit grant applications to States in
the form prescribed by the State. In order to receive funds
under this program, eligible entities must agree to expend all
funds provided by the grant not later than September 30 of the
fiscal year in which this Act is enacted.
This subsection also includes a requirement that States
shall ensure, to the maximum extent practicable in accordance
with the income and population distribution of the State, that
a sufficient percentage of the funds allocated to the State
under subsection (b)(2) are available for disadvantaged, small,
and rural eligible entities in the State. The committee intends
that this provision ensure that disadvantaged, small, and rural
eligible entities receive a proportionate share of funds
provided by States under this program.
Subsection (d) outlines details regarding eligible projects
and activities. Grants to eligible entities can be used for one
or more eligible projects or activities. The committee included
language in this subsection requiring States to coordinate with
training programs of rural water associations of a State that
are in effect as of the date on which the grant is awarded.
Subsection (e) authorizes appropriations of $50,000,000 to
carry out this grant program for the fiscal year in which this
Act is enacted.
Legislative History
Senator Smith of New Hampshire, Senator Jeffords, Senator
Crapo, and Senator Graham introduced S. 1608 on October 31,
2001.
Hearings
A hearing was held on S. 1608 and other infrastructure
security bills on November 1, 2001 before the full committee.
Witnesses included Michael Brown, Deputy Director, Federal
Emergency Management Agency, Washington, DC; Joe Moravec,
Commissioner, Public Building Service, General Services
Administration, Washington, DC; Dr. David Sampson, Assistant
Secretary for Economic Development, Economic Development
Administration, U.S. Department of Commerce, Washington, DC;
Richard Meserve, Chairman, Nuclear Regulatory Commission,
Rockville, MD; Herbert Mitchell, Associate Administrator for
Disaster Assistance, Small Business Administration, Washington,
DC; and Marianne L. Horinko, Assistant Administrator Office of
Solid Waste and Emergency Response, Environmental Protection
Agency, Washington, DC.
Rollcall Votes
The Committee on Environment and Public Works met to
consider S. 1608 on November 8, 2001. The committee agreed by
voice vote to an amendment in the nature of a substitute
offered by Senator Smith of New Hampshire.
Regulatory Impact Statement
In compliance with section 11(b) of rule XXVI of the
Standing Rules of the Senate, the committee makes evaluation of
the regulatory impact of the reported bill. The bill does not
create any additional regulatory burdens, nor will it cause any
adverse impact on the personal privacy of individuals.
Mandates Assessment
S. 1608 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act (UMRA)
and would impose no costs on State, local, and tribal
governments.
Cost of Legislation
Section 403 of the Congressional Budget and Impoundment
Control Act requires that a statement of the cost of the
reported bill, prepared by the Congressional Budget Office, be
included in the report. That statement follows:
U.S. Congress,
Congressional Budget Office,
Washington, DC, November 16, 2001.
Hon. James Jeffords, Chairman,
Committee on Environment and Public Works,
U.S. Senate, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has prepared
the enclosed cost estimate for S. 1608, a bill to establish a
program to provide grants to drinking water and wastewater
facilities to meet immediate security needs.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contacts are Susanne S.
Mehlman (for Federal costs), who can be reached at 226-2860,
and Elyse Goldman (for the State and local impact), who can be
reached at 225-3220.
Sincerely,
Dan L. Crippen
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S. 1608, A bill to establish a program to provide grants to drinking
water and wastewater facilities to meet immediate security
needs, as ordered reported by the Senate Committee on
Environment and Public Works on November 8, 2001
SUMMARY
S. 1608 would authorize an appropriation of $50 million to
the Environmental Protection Agency (EPA) for new grants to
States to address security concerns at drinking water and
wastewater facilities. States would use such grants to assist
publicly or privately owned drinking water or wastewater
facilities for projects or activities related to an immediate
physical security need, such as the installation of fencing or
lighting.
CBO estimates that implementing this legislation would cost
$50 million in fiscal year 2002, assuming appropriation of the
authorized amount. The bill would not affect direct spending or
receipts; therefore, pay-as-you-go procedures would not apply.
S. 1608 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act (UMRA)
and would impose no costs on State, local, and tribal
governments.
ESTIMATED COST TO THE FEDERAL GOVERNMENT
The estimated budgetary impact of S. 1608 is shown in the
following table. The costs of this legislation fall within
budget function 300 (natural resources and environment).
For this estimate, CBO assumes that the bill will be
enacted by the end of this calendar year, that the full amount
authorized will be appropriated in fiscal year 2002, and that
all funds will be allocated to States promptly following this
legislation's enactment. Each State would be responsible for
soliciting, reviewing, and funding grant applications from
local water systems.
By Fiscal Year, in Millions of Dollars
------------------------------------------------------------------------
2002 2003 2004 2005 2006
------------------------------------------------------------------------
CHANGES IN SPENDING SUBJECT TO
APPROPRIATION
Authorization Level............. 50 0 0 0 0
Estimated Outlays............... 50 0 0 0 0
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Pay-As-You-Go Considerations: None.
Intergovernmental and Private-Sector Impact
S. 1608 contains no intergovernmental or private-sector
mandates as defined in UMRA and would impose no costs on State,
local, and tribal governments. The bill would provide a
significant benefit to State and local governments by
authorizing $50 million in grants to States who would in turn
award funds to drinking water and wastewater facilities for
increasing immediate physical security. Any costs associated
with the grant program would be considered a condition of aid.
Estimate Prepared By: Federal Costs: Susanne S. Mehlman; Impact
on State, Local, and Tribal Governments: Elyse Goldman; Impact
on the Private Sector: Cecil McPherson.
Estimate Approved By: Peter H. Fontaine, Deputy Assistant
Director for Budget Analysis.
Changes in Existing Law
Section 12 of rule XXVI of the Standing Rules of the
Senate, provides that reports to the Senate should show changes
in existing law made by the bill as reported. Passage of this
bill will make no changes to existing law.