Page:United States Statutes at Large Volume 116 Part 1.djvu/708

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116 STAT. 682 PUBLIC LAW 107-188-JUNE 12, 2002 TITLE IV—DRINKING WATER SECURITY AND SAFETY 42 USC 300i-2. Deadline. Certification. Deadlines. Deadlines. Protocols. 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. 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. 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) 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) 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