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U.S. Department of Health and Human Services

Regulatory Information

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Title IV -- Drinking Water Security and Safety

SEC. 401. TERRORIST AND OTHER INTENTIONAL ACTS.

    The Safe Drinking Water Act (title XIV of the Public Health Service 
Act) is amended by inserting the following new section after section 
1432:

``SEC. 1433. <<NOTE: 42 USC 300i-2.>>  TERRORIST AND OTHER INTENTIONAL 
            ACTS.

    ``(a) Vulnerability Assessments.--(1) Each community water system 
serving a population of greater than 3,300 persons shall conduct an 
assessment of the vulnerability of its system to a terrorist attack or 
other intentional acts intended to substantially disrupt the ability of 
the system to provide a safe and reliable supply of drinking water. The 
vulnerability assessment shall include, but not be limited to, a review 
of pipes and constructed conveyances, physical barriers, water 
collection, pretreatment, treatment, storage and distribution 
facilities, electronic, computer or other automated systems which are 
utilized by the public water system, the use, storage, or handling of 
various chemicals, and the operation and maintenance of such 
system. <<NOTE: Deadline.>>  The Administrator, not later than August 1, 
2002, after consultation with appropriate departments and agencies of 
the Federal Government and with State and local governments, shall 
provide baseline information to community water systems required to 
conduct vulnerability assessments regarding which kinds of terrorist 
attacks or other intentional acts are the probable threats to--
            ``(A) substantially disrupt the ability of the system to 
        provide a safe and reliable supply of drinking water; or
            ``(B) otherwise present significant public health concerns.

    ``(2) <<NOTE: Certification. Deadlines.>>  Each community water 
system referred to in paragraph (1) shall certify to the Administrator 
that the system has conducted an assessment complying with paragraph (1) 
and shall submit to the Administrator a written copy of the assessment. 
Such certification and submission shall be made prior to:
            ``(A) March 31, 2003, in the case of systems serving a 
        population of 100,000 or more.
            ``(B) December 31, 2003, in the case of systems serving a 
        population of 50,000 or more but less than 100,000.
            ``(C) June 30, 2004, in the case of systems serving a 
        population greater than 3,300 but less than 50,000.

    ``(3) Except for information contained in a certification under this 
subsection identifying the system submitting the certification and the 
date of the certification, all information provided to the Administrator 
under this subsection and all information derived therefrom shall be 
exempt from disclosure under section 552 of title 5 of the United States 
Code.
    ``(4) No community water system shall be required under State or 
local law to provide an assessment described in this section to any 
State, regional, or local governmental entity solely by reason of the 
requirement set forth in paragraph (2) that the system submit such 
assessment to the Administrator.
    ``(5) <<NOTE: Deadlines. Protocols.>>  Not later than November 30, 
2002, the Administrator, in consultation with appropriate Federal law 
enforcement and intelligence officials, shall develop such protocols as 
may be necessary to protect the copies of the assessments required to be 
submitted
under this subsection (and the information contained therein) from 
unauthorized disclosure. Such protocols shall ensure that--
            ``(A) each copy of such assessment, and all information 
        contained in or derived from the assessment, is kept in a secure 
        location;
            ``(B) only individuals designated by the Administrator may 
        have access to the copies of the assessments; and
            ``(C) no copy of an assessment, or part of an assessment, or 
        information contained in or derived from an assessment shall be 
        available to anyone other than an individual designated by the 
        Administrator.

At the earliest possible time prior to November 30, 2002, the 
Administrator shall complete the development of such protocols for the 
purpose of having them in place prior to receiving any vulnerability 
assessments from community water systems under this subsection.
    ``(6)(A) Except as provided in subparagraph (B), any individual 
referred to in paragraph (5)(B) who acquires the assessment submitted 
under paragraph (2), or any reproduction of such assessment, or any 
information derived from such assessment, and who knowingly or 
recklessly reveals such assessment, reproduction, or information other 
than--
            ``(i) to an individual designated by the Administrator under 
        paragraph (5),
            ``(ii) for purposes of section 1445 or for actions under 
        section 1431, or
            ``(iii) for use in any administrative or judicial proceeding 
        to impose a penalty for failure to comply with this section,

shall upon conviction be imprisoned for not more than one year or fined 
in accordance with the provisions of chapter 227 of title 18, United 
States Code, applicable to class A misdemeanors, or both, and shall be 
removed from Federal office or employment.
    ``(B) Notwithstanding subparagraph (A), an individual referred to in 
paragraph (5)(B) who is an officer or employee of the United States may 
discuss the contents of a vulnerability assessment submitted under this 
section with a State or local official.
    ``(7) Nothing in this section authorizes any person to withhold any 
information from Congress or from any committee or subcommittee of 
Congress.
    ``(b) Emergency Response Plan.--Each community water system serving 
a population greater than 3,300 shall prepare or revise, where 
necessary, an emergency response plan that incorporates the results of 
vulnerability assessments that have been 
completed. <<NOTE: Certification. Deadline.>>  Each such community water 
system shall certify to the Administrator, as soon as reasonably 
possible after the enactment of this section, but not later than 6 
months after the completion of the vulnerability assessment under 
subsection (a), that the system has completed such plan. The emergency 
response plan shall include, but not be limited to, plans, procedures, 
and identification of equipment that can be implemented or utilized in 
the event of a terrorist or other intentional attack on the public water 
system. The emergency response plan shall also include actions, 
procedures, and identification of equipment which can obviate or 
significantly lessen the impact of terrorist attacks or other 
intentional actions on the public health and the safety and supply of 
drinking water provided to communities and individuals. Community water 
systems
shall, to the extent possible, coordinate with existing Local Emergency 
Planning Committees established under the Emergency Planning and 
Community Right-to-Know Act (42 U.S.C. 11001 et seq.) when preparing or 
revising an emergency response plan under this subsection.

    ``(c) Record Maintenance.--Each community water system shall 
maintain a copy of the emergency response plan completed pursuant to 
subsection (b) for 5 years after such plan has been certified to the 
Administrator under this section.
    ``(d) Guidance to Small Public Water Systems.--The Administrator 
shall provide guidance to community water systems serving a population 
of less than 3,300 persons on how to conduct vulnerability assessments, 
prepare emergency response plans, and address threats from terrorist 
attacks or other intentional actions designed to disrupt the provision 
of safe drinking water or significantly affect the public health or 
significantly affect the safety or supply of drinking water provided to 
communities and individuals.
    ``(e) Funding.--(1) There are authorized to be appropriated to carry 
out this section not more than $160,000,000 for the fiscal year 2002 and 
such sums as may be necessary for the fiscal years 2003 through 2005.
    ``(2) The Administrator, in coordination with State and local 
governments, may use funds made available under paragraph (1) to provide 
financial assistance to community water systems for purposes of 
compliance with the requirements of subsections (a) and (b) and to 
community water systems for expenses and contracts designed to address 
basic security enhancements of critical importance and significant 
threats to public health and the supply of drinking water as determined 
by a vulnerability assessment conducted under subsection (a). Such basic 
security enhancements may include, but shall not be limited to the 
following:
            ``(A) the purchase and installation of equipment for 
        detection of intruders;
            ``(B) the purchase and installation of fencing, gating, 
        lighting, or security cameras;
            ``(C) the tamper-proofing of manhole covers, fire hydrants, 
        and valve boxes;
            ``(D) the rekeying of doors and locks;
            ``(E) improvements to electronic, computer, or other 
        automated systems and remote security systems;
            ``(F) participation in training programs, and the purchase 
        of training manuals and guidance materials, relating to security 
        against terrorist attacks;
            ``(G) improvements in the use, storage, or handling of 
        various chemicals; and
            ``(H) security screening of employees or contractor support 
        services.

Funding under this subsection for basic security enhancements shall not 
include expenditures for personnel costs, or monitoring, operation, or 
maintenance of facilities, equipment, or systems.
    ``(3) The Administrator may use not more than $5,000,000 from the 
funds made available under paragraph (1) to make grants to community 
water systems to assist in responding to and alleviating any 
vulnerability to a terrorist attack or other intentional acts intended 
to substantially disrupt the ability of the system to provide a safe and 
reliable supply of drinking water (including
sources of water for such systems) which the Administrator determines to 
present an immediate and urgent security need.
    ``(4) The Administrator may use not more than $5,000,000 from the 
funds made available under paragraph (1) to make grants to community 
water systems serving a population of less than 3,300 persons for 
activities and projects undertaken in accordance with the guidance 
provided to such systems under subsection (d).

SEC. 402. OTHER SAFE DRINKING WATER ACT AMENDMENTS.

    The Safe Drinking Water Act (title XIV of the Public Health Service 
Act) is amended by inserting the following new sections after section 
1433 (as added by section 401 of this Act):

``SEC. 1434. <<NOTE: 42 USC 300i-3.>>  CONTAMINANT PREVENTION, DETECTION 
            AND RESPONSE.

    ``(a) <<NOTE: Contracts.>>  In General.--The Administrator, in 
consultation with the Centers for Disease Control and, after 
consultation with appropriate departments and agencies of the Federal 
Government and with State and local governments, shall review (or enter 
into contracts or cooperative agreements to provide for a review of) 
current and future methods to prevent, detect and respond to the 
intentional introduction of chemical, biological or radiological 
contaminants into community water systems and source water for community 
water systems, including each of the following:
            ``(1) Methods, means and equipment, including real time 
        monitoring systems, designed to monitor and detect various 
        levels of chemical, biological, and radiological contaminants or 
        indicators of contaminants and reduce the likelihood that such 
        contaminants can be successfully introduced into public water 
        systems and source water intended to be used for drinking water.
            ``(2) Methods and means to provide sufficient notice to 
        operators of public water systems, and individuals served by 
        such systems, of the introduction of chemical, biological or 
        radiological contaminants and the possible effect of such 
        introduction on public health and the safety and supply of 
        drinking water.
            ``(3) Methods and means for developing educational and 
        awareness programs for community water systems.
            ``(4) Procedures and equipment necessary to prevent the flow 
        of contaminated drinking water to individuals served by public 
        water systems.
            ``(5) Methods, means, and equipment which could negate or 
        mitigate deleterious effects on public health and the safety and 
        supply caused by the introduction of contaminants into water 
        intended to be used for drinking water, including an examination 
        of the effectiveness of various drinking water technologies in 
        removing, inactivating, or neutralizing biological, chemical, 
        and radiological contaminants.
            ``(6) Biomedical research into the short-term and long-term 
        impact on public health of various chemical, biological and 
        radiological contaminants that may be introduced into public 
        water systems through terrorist or other intentional acts.

    ``(b) Funding.--For the authorization of appropriations to carry out 
this section, see section 1435(e).

``SEC. 1435. <<NOTE: 42 USC 300i-4.>>  SUPPLY DISRUPTION PREVENTION, 
            DETECTION AND RESPONSE.

    ``(a) <<NOTE: Contracts.>>  Disruption of Supply or Safety.--The 
Administrator, in coordination with the appropriate departments and 
agencies of the Federal Government, shall review (or enter into 
contracts or cooperative agreements to provide for a review of) methods 
and means by which terrorists or other individuals or groups could 
disrupt the supply of safe drinking water or take other actions against 
water collection, pretreatment, treatment, storage and distribution 
facilities which could render such water significantly less safe for 
human consumption, including each of the following:
            ``(1) Methods and means by which pipes and other constructed 
        conveyances utilized in public water systems could be destroyed 
        or otherwise prevented from providing adequate supplies of 
        drinking water meeting applicable public health standards.
            ``(2) Methods and means by which collection, pretreatment, 
        treatment, storage and distribution facilities utilized or used 
        in connection with public water systems and collection and 
        pretreatment storage facilities used in connection with public 
        water systems could be destroyed or otherwise prevented from 
        providing adequate supplies of drinking water meeting applicable 
        public health standards.
            ``(3) Methods and means by which pipes, constructed 
        conveyances, collection, pretreatment, treatment, storage and 
        distribution systems that are utilized in connection with public 
        water systems could be altered or affected so as to be subject 
        to cross-contamination of drinking water supplies.
            ``(4) Methods and means by which pipes, constructed 
        conveyances, collection, pretreatment, treatment, storage and 
        distribution systems that are utilized in connection with public 
        water systems could be reasonably protected from terrorist 
        attacks or other acts intended to disrupt the supply or affect 
        the safety of drinking water.
            ``(5) Methods and means by which information systems, 
        including process controls and supervisory control and data 
        acquisition and cyber systems at community water systems could 
        be disrupted by terrorists or other groups.

    ``(b) Alternative Sources.--The review under this section shall also 
include a review of the methods and means by which alternative supplies 
of drinking water could be provided in the event of the destruction, 
impairment or contamination of public water systems.
    ``(c) Requirements and Considerations.--In carrying out this section 
and section 1434--
            ``(1) the Administrator shall ensure that reviews carried 
        out under this section reflect the needs of community water 
        systems of various sizes and various geographic areas of the 
        United States; and
            ``(2) the Administrator may consider the vulnerability of, 
        or potential for forced interruption of service for, a region or 
        service area, including community water systems that provide 
        service to the National Capital area.

    ``(d) Information Sharing.--As soon as practicable after reviews 
carried out under this section or section 1434 have been evaluated, the 
Administrator shall disseminate, as appropriate as determined by the 
Administrator, to community water systems
information on the results of the project through the Information 
Sharing and Analysis Center, or other appropriate means.
    ``(e) Funding.--There are authorized to be appropriated to carry out 
this section and section 1434 not more than $15,000,000 for the fiscal 
year 2002 and such sums as may be necessary for the fiscal years 2003 
through 2005.''.

SEC. 403. MISCELLANEOUS AND TECHNICAL AMENDMENTS.

    The Safe Drinking Water Act is amended as follows:
            (1) Section 1414(i)(1) <<NOTE: 42 USC 300g-3.>>  is amended 
        by inserting ``1433'' after ``1417''.
            (2) Section 1431 <<NOTE: 42 USC 300i.>>  is amended by 
        inserting in the first sentence after ``drinking water'' the 
        following: ``, or that there is a threatened or potential 
        terrorist attack (or other intentional act designed to disrupt 
        the provision of safe drinking water or to impact adversely the 
        safety of drinking water supplied to communities and 
        individuals), which''.
            (3) Section 1432 <<NOTE: 42 USC 300i-1.>>  is amended as 
        follows:
                    (A) By striking ``5 years'' in subsection (a) and 
                inserting ``20 years''.
                    (B) By striking ``3 years'' in subsection (b) and 
                inserting ``10 years''.
                    (C) By striking ``$50,000'' in subsection (c) and 
                inserting ``$1,000,000''.
                    (D) By striking ``$20,000'' in subsection (c) and 
                inserting ``$100,000''.
            (4) Section 1442 <<NOTE: 42 USC 300j-1.>>  is amended as 
        follows:
                    (A) By striking ``this subparagraph'' in subsection 
                (b) and inserting ``this subsection''.
                    (B) By amending subsection (d) to read as follows:

    ``(d) <<NOTE: Appropriation authorization.>>  There are authorized 
to be appropriated to carry out subsection (b) not more than $35,000,000 
for the fiscal year 2002 and such sums as may be necessary for each 
fiscal year thereafter.''.