103
‘‘(A) the person has been convicted of a
felony for conduct relating to the importation
into the United States of any article of food; or
‘‘(B)(i) the person has repeatedly imported
or offered for import adulterated articles of
food; and
‘‘(ii) the person knew, or should have
known, that such articles were adulterated.’’.
(b) CONFORMING AMENDMENTS.—Section 306 of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 335a)
is amended—
(1) in subsection (a), in the heading for the
subsection, 
by 
striking 
‘‘MANDATORY
DEBAR-
MENT.—’’ and inserting ‘‘MANDATORY DEBARMENT;
CERTAIN DRUG APPLICATIONS.—’’;
(2) in subsection (b)—
(A) in the heading for the subsection, by
striking ‘‘PERMISSIVE DEBARMENT.—’’ and in-
serting ‘‘PERMISSIVE DEBARMENT; CERTAIN
DRUG APPLICATIONS; FOOD IMPORTS.—’’; and
(B) in paragraph (2), in the heading for
the paragraph, by striking ‘‘PERMISSIVE
DE-
BARMENT.—’’ and inserting ‘‘PERMISSIVE DE-
BARMENT; CERTAIN DRUG APPLICATIONS.—’’;
104
(3) in subsection (c)(2)(A)(iii), by striking
‘‘subsection (b)(2)’’ and inserting ‘‘paragraph (2) or
(3) of subsection (b)’’;
(4) in subsection (d)(3)—
(A) in subparagraph (A)(i), by striking ‘‘or
(b)(2)(A)’’ and inserting ‘‘or paragraph (2)(A)
or (3) of subsection (b)’’;
(B) in subparagraph (A)(ii)(II), by insert-
ing ‘‘in applicable cases,’’ before ‘‘sufficient au-
dits’’; and
(C) in subparagraph (B), in each of
clauses (i) and (ii), by inserting ‘‘or subsection
(b)(3)’’ after ‘‘subsection (b)(2)(B)’’.
(c) EFFECTIVE DATES.—Section 306(l)(2) of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C.
335a(l)(2)) is amended—
(1) in the first sentence—
(A) by striking ‘‘and’’ after ‘‘subsection
(b)(2)’’; and
(B) by inserting ‘‘, and subsection (b)(3)’’
after ‘‘subsection (b)(2)(B)’’; and
(2) in the second sentence, by inserting ‘‘, sub-
section (b)(3),’’ after ‘‘subsection (b)(2)(B)’’.
(d) PROHIBITED ACT.—Section 301 of the Federal
Food, Drug, and Cosmetic Act, as amended by section
105
302(b) of this Act, is amended by adding at the end the
following:
‘‘(cc) The importing or offering for import into the
United States of an article of food by, with the assistance
of, or at the direction of, a person debarred under section
306(b)(1)(C).’’.
SEC. 304. MAINTENANCE AND INSPECTION OF RECORDS
FOR FOODS.
(a) IN GENERAL.—Chapter IV of the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 341 et seq.) is amend-
ed by adding at the end the following section:
‘‘SEC. 414. MAINTENANCE AND INSPECTION OF RECORDS.
‘‘(a) RECORDS INSPECTION.—If the Secretary has
credible evidence or information indicating that an article
of food presents a threat of serious adverse health con-
sequences or death to humans or animals, each person (ex-
cluding farms and restaurants) who manufactures, proc-
esses, packs, distributes, receives, holds, or imports such
article shall, at the request of an officer or employee duly
designated by the Secretary, permit such officer or em-
ployee, upon presentation of appropriate credentials and
a written notice to such person, at reasonable times and
within reasonable limits and in a reasonable manner, to
have access to and copy all records relating to such article
that are needed to assist the Secretary in investigating
106
such credible evidence or information. The requirement
under the preceding sentence applies to all records relating
to the manufacture, processing, packing, distribution, re-
ceipt, holding, or importation of such article maintained
by or on behalf of such person in any format (including
paper and electronic formats) and at any location.
‘‘(b) 
REGULATIONS
CONCERNING
RECORD-
KEEPING.—The Secretary, in consultation and coordina-
tion, as appropriate, with other Federal departments and
agencies with responsibilities for regulating food safety,
may by regulation establish requirements regarding the
maintenance of records by persons (excluding farms and
restaurants) who manufacture, process, pack, transport,
distribute, receive, hold, or import food, as may be nec-
essary to trace the source and chain of distribution of food
and its packaging in order to address credible threats of
serious adverse health consequences or death to humans
or animals. The Secretary shall take into account the size
of a business in promulgating regulations under this sec-
tion.
‘‘(c) PROTECTION OF SENSITIVE INFORMATION.—
The Secretary shall take appropriate measures to ensure
that there are in effect effective procedures to prevent the
unauthorized disclosure of any trade secret or confidential
107
information that is obtained by the Secretary pursuant to
this section.
‘‘(d) LIMITATIONS.—This section shall not be
construed—
‘‘(1) to limit the authority of the Secretary to
inspect records or to require maintenance of records
under any other provision of this Act;
‘‘(2) to authorize the Secretary to impose any
requirements with respect to a food to the extent
that it is within the exclusive jurisdiction of the Sec-
retary of Agriculture pursuant to the Federal Meat
Inspection Act (21 U.S.C. 601 et seq.), the Poultry
Products Inspection Act (21 U.S.C. 451 et seq.), or
the Egg Products Inspection Act (21 U.S.C. 1031 et
seq);
‘‘(3) to have any legal effect on section 552 of
title 5, United States Code, or section 1905 of title
18, United States Code; or
‘‘(4) to extend to recipes for food, financial
data, pricing data, personnel data, research data, or
sales data (other than shipment data regarding
sales).’’.
(b) FACTORY INSPECTION.—Section 704(a) of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 374(a))
is amended—
108
(1) in paragraph (1), by inserting after the first
sentence the following new sentence: ‘‘In the case of
any person (excluding farms and restaurants) who
manufactures, processes, packs, transports, distrib-
utes, holds, or imports foods, the inspection shall ex-
tend to all records and other information described
in section 414 when the Secretary has credible evi-
dence or information indicating that an article of
food presents a threat of serious adverse health con-
sequences or death to humans or animals, subject to
the limitations established in section 414(d).’’; and
(2) in paragraph (2), in the matter preceding
subparagraph (A), by striking ‘‘second sentence’’
and inserting ‘‘third sentence’’.
(c) PROHIBITED ACT.—Section 301(e) of the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 331(e)) is
amended—
(1) by striking ‘‘by section 412, 504, or 703’’
and inserting ‘‘by section 412, 414, 504, 703, or
704(a)’’; and
(2) by striking ‘‘under section 412’’ and insert-
ing ‘‘under section 412, 414(b)’’.
SEC. 305. REGISTRATION.
(a) IN GENERAL.—Chapter IV of the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 341 et seq.), as
109
amended by section 304 of this Act, is amended by adding
at the end the following:
‘‘SEC. 415. REGISTRATION.
‘‘(a) REGISTRATION.—
‘‘(1) IN
GENERAL.—Any facility (excluding
farms) engaged in manufacturing, processing, pack-
ing, or holding food for consumption in the United
States shall be registered with the Secretary. To be
registered—
‘‘(A) for a domestic facility, the owner, op-
erator, or agent in charge of the facility shall
submit a registration to the Secretary; and
‘‘(B) for a foreign facility, the owner, oper-
ator, or agent in charge of the facility shall sub-
mit a registration to the Secretary and shall in-
clude with the registration the name of the
United States agent for the facility.
‘‘(2) REGISTRATION.—An entity (referred to in
this section as the ‘registrant’) shall submit a reg-
istration under paragraph (1) to the Secretary con-
taining information necessary to notify the Secretary
of the identity and address of each facility at which,
and all trade names under which, the registrant con-
ducts business and, when determined necessary by
the Secretary through guidance, the general food
110
category (as identified under section 170.3 of title
21, Code of Federal Regulations, or successor regu-
lations) of any food manufactured, processed,
packed, or held at such facility. The registrant shall
notify the Secretary in a timely manner of changes
to such information.
‘‘(3) PROCEDURE.—Upon receipt of a com-
pleted registration described in paragraph (1), the
Secretary shall notify the registrant of the receipt of
such registration and assign a registration number
to each registered facility.
‘‘(4) LIST.—The Secretary shall compile and
maintain an up-to-date list of facilities that are reg-
istered under this section. Such list and other infor-
mation required to be submitted under this sub-
section shall not be subject to the disclosure require-
ments of section 552 of title 5, United States Code.
‘‘(b) EXEMPTION.—The Secretary shall by regulation
exempt types of retail establishments from the require-
ments of subsection (a) only if the Secretary determines
that the registration of such facilities is not needed for
effective enforcement of this chapter and any regulations
issued under this chapter.
‘‘(c) FACILITY.—For purposes of this section, the
term ‘facility’ includes any factory, warehouse, or estab-
111
lishment (including a factory, warehouse, or establishment
of an importer), that manufactures, processes, packs, or
holds food. Such term does not include restaurants or
other establishments in which food is served solely for im-
mediate human consumption.
‘‘(d) RULE OF CONSTRUCTION.—Nothing in this sec-
tion shall be construed to authorize the Secretary to re-
quire an application, review, or licensing process.’’.
(b) PROHIBITED ACTS.—
(1) IN GENERAL.—Section 301 of the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 331), as
amended by section 303(d) of this Act, is amended
by adding at the end the following:
‘‘(dd) The failure to register in accordance with sec-
tion 415.’’.
(2) MISBRANDED FOOD.—Section 403 of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C.
343) is amended by adding at the end the following:
‘‘(t) If it is manufactured, processed, packed, or held
in a facility that is not registered in accordance with sec-
tion 415.’’.
(c) EFFECTIVE DATE.—The amendment made by
subsection (b) shall take effect 180 days after the date
of the enactment of this Act.
112
(d) NOTICE.—Not later than 60 days after the date
of the enactment of this Act, the Secretary of Health and
Human Services, after consultation with appropriate State
and local officials, shall take sufficient measures to notify
entities that manufacture, process, pack, or hold food for
consumption in the United States of the requirement pur-
suant to this section that facilities be registered with the
Secretary. The Secretary shall develop guidance, as need-
ed, to identify facilities required to register under this sec-
tion.
(e) ELECTRONIC FILING.—For the purpose of reduc-
ing paperwork and reporting burdens, the Secretary of
Health and Human Services may provide for, and encour-
age the use of, electronic methods of submitting to the
Secretary registrations required pursuant to this section.
In providing for the electronic submission of such registra-
tions, the Secretary shall ensure adequate authentication
protocols are used to enable identification of the registrant
and validation of the data as appropriate.
(f) SAVINGS CLAUSE.—This section may not be con-
strued as authorizing the Secretary of Health and Human
Services to impose any requirements with respect to a food
to the extent that it is within the exclusive jurisdiction
of the Secretary of Agriculture pursuant to the Federal
Meat Inspection Act (21 U.S.C. 601 et seq.), the Poultry
113
Products Inspection Act (21 U.S.C. 451 et seq.), or the
Egg Products Inspection Act (21 U.S.C. 1031 et seq).
SEC. 306. PRIOR NOTICE OF IMPORTED FOOD SHIPMENTS.
(a) IN GENERAL.—Section 801 of the Federal Food,
Drug, and Cosmetic Act, as amended by section 302(c)
of this Act, is amended by adding at the end the following
subsection:
‘‘(k)(1) In the case of an article of food that is being
imported or offered for import into the United States, the
Secretary, after consultation with the Secretary of the
Treasury, shall by regulation require, for the purpose of
enabling such article to be inspected at ports of entry into
the United States, the submission to the Secretary of a
notice providing the identity of each of the following: The
article; the manufacturer and shipper of the article, and
if known within the specified period of time that notice
is required to be provided, the grower of the article; the
country from which the article originates; the country
from which the article is shipped; and the anticipated port
of entry for the article. An article of food imported or of-
fered for import without submission of such notice in ac-
cordance with regulations under this paragraph shall be
refused admission into the United States. Nothing in this
section may be construed as a limitation on the port of
entry for an article of food.
114
‘‘(2)(A) Regulations under paragraph (1) shall re-
quire that a notice under such paragraph be provided by
a specified period of time, not fewer than 24 hours, in
advance of the time of the importation of the article of
food involved or the offering of the food for import, except
that the advance period so required may not exceed 72
hours.
‘‘(B)(i) If an article of food is being imported or of-
fered for import into the United States and a notice under
paragraph (1) is not provided in advance in accordance
with subparagraph (A), such article shall be held at the
port of entry for the article, and may not be delivered to
the importer, owner, or consignee of the article, until such
notice is submitted to the Secretary, and the Secretary
examines the notice and determines that the notice is in
accordance with regulations under paragraph (1). The
preceding sentence may not be construed as authorizing
such delivery pursuant to the execution of a bond, pending
such a determination by the Secretary.
‘‘(ii) In carrying out clause (i) with respect to an arti-
cle of food, the Secretary shall determine whether there
is in the possession of the Secretary any credible evidence
or information indicating that such article presents a
threat of serious adverse health consequences or death to
humans or animals.
116
‘‘(l)(1) If a food has been refused admission under
subsection (a), other than such a food that is required to
be destroyed, and the Secretary determines that the food
presents a threat of serious adverse health consequences
or death to humans or animals, the Secretary may require
the owner or consignee of the food to affix to the container
of the food a label that clearly and conspicuously bears
the 
statement: 
‘UNITED 
STATES: 
REFUSED
ENTRY’.
‘‘(2) All expenses in connection with affixing a label
under paragraph (1) shall be paid by the owner or con-
signee of the food involved, and in default of such pay-
ment, shall constitute a lien against future importations
made by such owner or consignee.
‘‘(3) A requirement under paragraph (1) remains in
effect until the Secretary determines that the food involved
has been brought into compliance with this Act.’’.
(b) MISBRANDED FOODS.—Section 403 of the Fed-
eral Food, Drug, and Cosmetic Act (21 U.S.C. 343), as
amended by section 305(b)(2) of this Act, is amended by
adding at the end the following:
‘‘(u) If it fails to bear a label required by the Sec-
retary under section 801(l)(1) (relating to food refused ad-
mission into the United States).’’.
117
(c) RULE OF CONSTRUCTION.—With respect to arti-
cles of food that are imported or offered for import into
the United States, nothing in this section shall be con-
strued to limit the authority of the Secretary of Health
and Human Services or the Secretary of the Treasury to
require the marking of refused articles of food under any
other provision of law.
SEC. 308. PROHIBITION AGAINST PORT SHOPPING FOR IM-
PORTATION.
Section 402 of the Federal Food, Drug, and Cosmetic
Act (21 U.S.C. 342) is amended by adding at the end the
following:
‘‘(h) If it is an article of food imported or offered
for import into the United States and such article has pre-
viously been refused admission under section 801(a), un-
less the person reoffering the article affirmatively estab-
lishes, at the expense of the owner or consignee of the
article, that the article is not adulterated, as determined
by the Secretary.’’.
SEC. 309. NOTICES TO STATES REGARDING IMPORTED
FOOD.
Chapter IX of the Federal Food, Drug, and Cosmetic
Act (21 U.S.C. 391 et seq.) is amended by adding at the
end the following new section:
118
‘‘SEC. 908. NOTICES TO STATES REGARDING IMPORTED
FOOD.
‘‘(a) IN GENERAL.—If the Secretary has credible evi-
dence or information indicating that a shipment of im-
ported food or portion thereof presents a threat of serious
adverse health consequences or death to humans or ani-
mals, the Secretary shall provide notice regarding such
threat to the States in which the food is held or will be
held, and to the States in which the manufacturer, packer,
or distributor of the food is located, to the extent that
the Secretary has knowledge of which States are so in-
volved. In providing the notice to a State, the Secretary
shall request the State to take such action as the State
considers appropriate, if any, to protect the public health
regarding the food involved.
‘‘(b) RULE OF CONSTRUCTION.—Subsection (a) may
not be construed as limiting the authority of the Secretary
with respect to adulterated food under any other provision
of this Act.’’.
SEC. 310. GRANTS TO STATES FOR INSPECTIONS; RE-
SPONSE TO NOTICE REGARDING ADULTER-
ATED IMPORTED FOOD.
Chapter IX of the Federal Food, Drug, and Cosmetic
Act (21 U.S.C. 391 et seq.), as amended by section 309
of this Act, is amended by adding at the end the following
new section:
119
‘‘SEC. 909. GRANTS TO STATES REGARDING FOOD INSPEC-
TIONS.
‘‘(a) IN GENERAL.—The Secretary may make grants
to States and Territories for the purpose of conducting
with respect to food examinations, inspections, investiga-
tions, and related activities under section 702 through in-
dividuals who, under subsection (a) of such section, are
duly commissioned by the Secretary as officers of the De-
partment.
‘‘(b) NOTICES
REGARDING
ADULTERATED
IM-
PORTED FOOD.—The Secretary may make grants to the
States for the purpose of assisting the States with the
costs of taking appropriate action to protect the public
health in response to notices under section 908, including
planning and otherwise preparing to take such action.
‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—For the
purpose of carrying out this section, there are authorized
to be appropriated such sums as may be necessary for
each of the fiscal years 2002 through 2006.’’.
Subtitle B—Protection of Drug
Supply
SEC. 311. ANNUAL REGISTRATION OF FOREIGN MANUFAC-
TURERS; 
SHIPPING 
INFORMATION; 
DRUG
AND DEVICE LISTING.
(a) ANNUAL REGISTRATION; LISTING.—
120
(1) IN GENERAL.—Section 510 of the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 360) is
amended—
(A) in subsection (i)(1)—
(i) by striking ‘‘Any establishment’’
and inserting ‘‘On or before December 31
of each year, any establishment’’;
(ii) by striking ‘‘establishment and the
name’’ and inserting ‘‘establishment, the
name’’; and
(iii) by inserting before the period the
following: ‘‘, the name of each importer of
such drug or device in the United States
that is known to the establishment, and
the name of each carrier used by the estab-
lishment in transporting such drug or de-
vice to the United States for purposes of
importation’’; and
(B) in subsection (j)(1), in the first sen-
tence, by striking ‘‘or (d)’’ and inserting ‘‘(d),
or (i)’’.
(2) MISBRANDING.—Section 502(o) of the Fed-
eral Food, Drug, and Cosmetic Act (21 U.S.C.
352(o)) is amended by striking ‘‘in any State’’.
121
(b) IMPORTATION; STATEMENT REGARDING REG-
ISTRATION OF MANUFACTURER.—
(1) IN GENERAL.—Section 801 of the Federal
Food, Drug, and Cosmetic Act, as amended by sec-
tion 307(a) of this Act, is amended by adding at the
end the following subsection:
‘‘(m) A drug or device that is imported or offered
for import into the United States may be refused admis-
sion if the importer of the drug or device does not, at the
time of offering the drug or device for import, submit to
the Secretary a statement that identifies the registration
under section 510(i) of each establishment that with re-
spect to such drug or device is required under such section
to register with the Secretary.’’.
(2) PROHIBITED ACT.—Section 301 of the Fed-
eral Food, Drug, and Cosmetic Act, as amended by
section 306(b) of this Act, is amended by adding at
the end the following:
‘‘(ff) The importing or offering for import into the
United States of a drug or device with respect to which
there is a failure to comply with an order of the Secretary
to submit to the Secretary a statement under section
801(m).’’.
(c) EFFECTIVE DATE.—The amendments made by
this section take effect upon the expiration of the 180-
122
day period beginning on the date of the enactment of this
Act.
SEC. 312. REQUIREMENT OF ADDITIONAL INFORMATION
REGARDING 
IMPORT 
COMPONENTS 
IN-
TENDED FOR USE IN EXPORT PRODUCTS.
(a) IN GENERAL.—Section 801(d)(3) of the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 381(d)(3)) is
amended to read as follows:
‘‘(3)(A) Subject to subparagraph (B), no component
of a drug, no component part or accessory of a device,
or other article of device requiring further processing,
which is ready or suitable for use for health-related pur-
poses, and no article of a food additive, color additive, or
dietary supplement, including a product in bulk form,
shall be excluded from importation into the United States
under subsection (a) if each of the following conditions
is met:
‘‘(i) The importer of such article of a drug or
device or importer of such article of a food additive,
color additive, or dietary supplement submits to the
Secretary, at the time of initial importation, a state-
ment in accordance with the following:
‘‘(I) Such statement provides that such ar-
ticle is intended to be further processed by the
initial owner or consignee, or incorporated by
123
the initial owner or consignee, into a drug, bio-
logical product, device, food, food additive, color
additive, or dietary supplement that will be ex-
ported by the initial owner or consignee from
the United States in accordance with subsection
(e) or section 802, or with section 351(h) of the
Public Health Service Act.
‘‘(II) The statement identifies the manu-
facturer of such article and each processor,
packer, distributor, carrier, or other entity that
had possession of the article in the chain of
possession of the article from the manufacturer
to such importer of the article.
‘‘(ii) If such article is known to be, or to con-
tain or bear, any chemical substance or biological
substance, the statement under clause (i) is accom-
panied by such certificates of analysis as are nec-
essary to identify each such substance.
‘‘(iii) At the time of initial importation and be-
fore the delivery of such article to the importer or
the initial owner or consignee, such owner or con-
signee executes a good and sufficient bond providing
for the payment of such liquidated damages in the
event of default as may be required pursuant to reg-
ulations of the Secretary of the Treasury.
124
‘‘(iv) Such article is used and exported by the
initial owner or consignee in accordance with the in-
tent described under clause (i)(I), except for any
portions of the article that are destroyed.
‘‘(v) The initial owner or consignee maintains
records on the use or destruction of such article or
portions thereof, as the case may be, and submits to
the Secretary any such records requested by the Sec-
retary.
‘‘(vi) Upon request of the Secretary, the initial
owner or consignee submits a report that provides
an accounting of the exportation or destruction of
such article or portions thereof, and the manner in
which such owner or consignee complied with the re-
quirements of this subparagraph.
‘‘(B) Subparagraph (A) does not apply to the import
or offering for import into the United States of an article
if the Secretary determines that there is credible evidence
or information indicating that such article presents a
threat of serious adverse health consequences or death to
humans or animals.
‘‘(C) This section may not be construed as affecting
the responsibility of the Secretary to ensure that articles
imported into the United States under authority of sub-
125
paragraph (A) meet each of the conditions established in
such subparagraph for importation.’’.
(b) PROHIBITED ACT.—Section 301(w) of the Fed-
eral Food, Drug, and Cosmetic Act (21 U.S.C. 331(w))
is amended to read as follows:
‘‘(w) The making of a knowingly false statement in
any statement, certificate of analysis, record, or report re-
quired or requested under section 801(d)(3); the failure
to submit a certificate of analysis as required under such
section; the failure to maintain records or to submit
records or reports as required by such section; the release
into interstate commerce of any article or portion thereof
imported into the United States under such section or any
finished product made from such article or portion, except
for export in accordance with section 801(e) or 802, or
with section 351(h) of the Public Health Service Act; or
the failure to so export or to destroy such an article or
portions thereof, or such a finished product.’’.
(c) EFFECTIVE DATE.—The amendments made by
this section take effect upon the expiration of the 90-day
period beginning on the date of the enactment of this Act.
126
TITLE IV—DRINKING WATER
SECURITY AND SAFETY
SEC. 401. AMENDMENT OF THE SAFE DRINKING WATER
ACT.
The Safe Drinking Water Act (title XIV of the Public
Health Service Act) is amended as follows:
(1) By inserting the following new sections
after section 1432:
‘‘SEC. 1433. 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 vul-
nerability of its system to a terrorist attack or other inten-
tional acts intended to substantially disrupt the ability of
the system to provide a safe and reliable supply of drink-
ing water. The vulnerability assessment shall include, but
not be limited to, a review of pipes and constructed con-
veyances, 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. The Administrator, not later than March
1, 2002, after consultation with appropriate departments
and agencies of the Federal Government and with State
127
and local governments, shall provide baseline information
to community water systems required to conduct vulner-
ability assessments regarding which kinds of terrorist at-
tacks or other intentional acts are the probable threats
to—
‘‘(A) substantially disrupt the ability of the sys-
tem to provide a safe and reliable supply of drinking
water; or
‘‘(B) otherwise present significant public health
concerns.
‘‘(2) Each community water system referred to in
paragraph (1) shall certify to the Administrator that the
system has conducted an assessment complying with para-
graph (1) prior to:
‘‘(A) December 31, 2002, in the case of systems
serving a population of 100,000 or more.
‘‘(B) June 30, 2003, in the case of systems
serving a population of 50,000 or more but less than
100,000.
‘‘(C) December 31, 2003, in the case of systems
serving a population greater than 3,300 but less
than 50,000.
‘‘(b) EMERGENCY RESPONSE PLAN.—Each commu-
nity water system serving a population greater than 3,300
shall prepare or revise, where necessary, an emergency re-
128
sponse plan that incorporates the results of vulnerability
assessments that have been completed. Each such commu-
nity 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 re-
sponse plan shall include, but not be limited to, plans, pro-
cedures, and identification of equipment that can be imple-
mented or utilized in the event of a terrorist or other in-
tentional attack on the public water system. The emer-
gency response plan shall also include actions, procedures,
and identification of equipment which can obviate or sig-
nificantly 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 in-
dividuals. Community water systems shall, to the extent
possible, coordinate with existing Local Emergency Plan-
ning Committees established under the Emergency Plan-
ning 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) GUIDANCE
TO SMALL PUBLIC WATER SYS-
TEMS.—The Administrator shall provide guidance to com-
munity water systems serving a population of less than
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3,300 persons on how to conduct vulnerability assess-
ments, 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 af-
fect the safety or supply or drinking water provided to
communities and individuals.
‘‘(d) FUNDING.—There are authorized to be appro-
priated to carry out this section not more than
$120,000,000 for the fiscal year 2002 and such sums as
may be necessary for fiscal year 2003 and fiscal year
2004. The Administrator, in coordination with State and
local governments, may provide financial assistance to
community water systems for purposes of compliance with
the requirements of subsections (a) and (b) and to commu-
nity water systems for expenses and contracts designed
to address basic security enhancements of critical impor-
tance and significant threats to public health and the sup-
ply of drinking water as determined by a vulnerability as-
sessment under subsection (a).
‘‘SEC. 1434. CONTAMINANT PREVENTION, DETECTION AND
RESPONSE.
‘‘(a) IN GENERAL.—The Administrator, in consulta-
tion with the Centers for Disease Control and, after con-
sultation with appropriate departments and agencies of
130
the Federal Government and with State and local govern-
ments, 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 con-
taminants into community water systems and source
water for community water systems, including each of the
following:
‘‘(1) Methods, means and equipment designed
to monitor and detect chemical, biological, and radi-
ological contaminants and reduce the likelihood that
such contaminants can be successfully introduced
into water supplies intended to be used for drinking
water.
‘‘(2) Methods and means to provide sufficient
notice to operators of public water systems, and in-
dividuals 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) Procedures and equipment necessary to
prevent the flow of contaminated drinking water to
individuals served by public water systems.
‘‘(4) Methods, means, and equipment which
could negate or mitigate deleterious effects on public
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health and the safety and supply caused by the in-
troduction of contaminants into water intended to be
used for drinking water, including an examination of
the effectiveness of various drinking water tech-
nologies in removing, inactivating, or neutralizing bi-
ological, chemical, and radiological contaminants.
‘‘(5) 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 of other intentional acts.
‘‘(b) FUNDING.—For the authorization of appropria-
tions to carry out this section, see section 1435(c).
‘‘SEC. 1435. SUPPLY DISRUPTION PREVENTION, DETECTION
AND RESPONSE.
‘‘(a) DISRUPTION OF SUPPLY OR SAFETY.—The Ad-
ministrator, in coordination with the appropriate depart-
ments and agencies of the Federal Government, shall re-
view (or enter into contracts or cooperative agreements to
provide for a review of) methods and means by which ter-
rorists or other individuals or groups could disrupt the
supply of safe drinking water or take other actions against
water collection, pretreatment, treatment, storage and dis-
tribution facilities which could render such water signifi-
132
cantly 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 pre-
vented from providing adequate supplies of drinking
water meeting applicable public health standards.
‘‘(2) Methods and means by which collection,
pretreatment, treatment, storage and distribution fa-
cilities utilized or used in connection with public
water systems and collection and pretreatment stor-
age 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, con-
structed conveyances, collection, pretreatment, treat-
ment, storage and distribution systems that are uti-
lized 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, con-
structed conveyances, collection, pretreatment, treat-
ment, storage and distribution systems that are uti-
lized in connection with public water systems could
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be reasonably protected from terrorist attacks or
other acts intended to disrupt the supply or affect
the safety of drinking water.
‘‘(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, impair-
ment or contamination of public water systems.
‘‘(c) FUNDING.—There are authorized to be appro-
priated 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 fiscal year 2003 and fiscal
year 2004.’’.
(2) Section 1414(i)(1) is amended by inserting
‘‘1433’’ after ‘‘1417’’.
(3) Section 1431 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 ad-
versely the safety of drinking water supplied to com-
munities and individuals), which’’.
(4) Section 1432 is amended as follows:
(A) By striking ‘‘5 years’’ in subsection (a)
and inserting ‘‘20 years’’.
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(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’’.
(5) Section 1442 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) There are authorized to be appropriated to carry
out subsection (b) not more than $35,000,000 for the fis-
cal year 2002 and such sums as may be necessary for each
fiscal year thereafter.’’.
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