[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 1593 Reported in Senate (RS)]






                                                       Calendar No. 272
107th CONGRESS
  1st Session
                                 S. 1593

                          [Report No. 107-118]

 To authorize the Administrator of the Environmental Protection Agency 
 to establish a grant program to support research projects on critical 
   infrastructure protection for water supply systems, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            October 30, 2001

 Mr. Jeffords (for himself, Mr. Smith of New Hampshire, Mr. Crapo, Mr. 
 Graham, Mr. Corzine, and Mr. Bingaman) introduced the following bill; 
 which was read twice and referred to the Committee on Environment and 
                              Public Works

                           December 10, 2001

              Reported by Mr. Jeffords, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 A BILL


 
 To authorize the Administrator of the Environmental Protection Agency 
 to establish a grant program to support research projects on critical 
   infrastructure protection for water supply systems, and for other 
                               purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Water Infrastructure 
Security and Research Development Act''.</DELETED>

<DELETED>SEC. 2. DEFINITIONS.</DELETED>

<DELETED>    In this Act:</DELETED>
        <DELETED>    (1) Administrator.--The term ``Administrator'' 
        means the Administrator of the Environmental Protection 
        Agency.</DELETED>
        <DELETED>    (2) Critical infrastructure.--The term ``critical 
        infrastructure'' means a facility or service, the disruption, 
        incapacity, or destruction of which would have a debilitating 
        impact on the defense, security, health and safety, or long-
        term economic prosperity of the United States, as determined by 
        the Administrator.</DELETED>
        <DELETED>    (3) Research institution.--</DELETED>
                <DELETED>    (A) In general.--The term ``research 
                institution'' means a public or private entity that--
                </DELETED>
                        <DELETED>    (i) performs research to improve 
                        the security of water supply systems; 
                        and</DELETED>
                        <DELETED>    (ii) complies with any applicable 
                        laws (including regulations) for the 
                        safeguarding of sensitive 
                        information.</DELETED>
                <DELETED>    (B) Inclusion.--The term ``research 
                institution'' includes a national laboratory.</DELETED>
        <DELETED>    (4) Water supply system.--</DELETED>
                <DELETED>    (A) In general.--The term ``water supply 
                system'' means a public water system (as defined in 
                section 1401 of the Safe Drinking Water Act (42 U.S.C. 
                300f)) or a publicly owned treatment works (as defined 
                in section 212 of the Federal Water Pollution Control 
                Act (33 U.S.C. 1292)).</DELETED>
                <DELETED>    (B) Inclusions.--The term ``water supply 
                system'' includes--</DELETED>
                        <DELETED>    (i) a water source, including--
                        </DELETED>
                                <DELETED>    (I) surface water in a 
                                lake, reservoir, or other 
                                impoundment;</DELETED>
                                <DELETED>    (II) flowing water in a 
                                river; or</DELETED>
                                <DELETED>    (III) ground water in an 
                                aquifer;</DELETED>
                        <DELETED>    (ii) a system of aqueducts, 
                        tunnels, reservoirs, or pumping facilities to 
                        convey water from the water source;</DELETED>
                        <DELETED>    (iii) a treatment 
                        facility;</DELETED>
                        <DELETED>    (iv) a distribution system 
                        carrying finished water to users through a 
                        system of mains and subsidiary pipes; 
                        or</DELETED>
                        <DELETED>    (v) a wastewater collection and 
                        treatment system.</DELETED>

<DELETED>SEC. 3. WATER INFRASTRUCTURE SECURITY GRANT PROGRAM.</DELETED>

<DELETED>    (a) In General.--The Administrator may establish a program 
under which the Administrator shall make grants to and enter into 
cooperative agreements with research institutions to improve the 
protection and security of public water supply systems by--</DELETED>
        <DELETED>    (1) carrying out eligible projects described in 
        subsection (b) on technologies and processes that address 
        physical and cyber threats to water supply systems;</DELETED>
        <DELETED>    (2) improving information sharing and analysis 
        efforts among research institutions; and</DELETED>
        <DELETED>    (3) providing technical assistance and training to 
        research institutions.</DELETED>
<DELETED>    (b) Eligible Projects.--To be eligible for assistance 
under subsection (a), a project shall--</DELETED>
        <DELETED>    (1) assess security issues for water supply 
        systems by--</DELETED>
                <DELETED>    (A) conducting system-specific and system-
                wide assessments of the scope of and future 
                implications of security issues for water supply 
                systems; and</DELETED>
                <DELETED>    (B) developing and refining vulnerability 
                assessment tools for water supply systems to identify--
                </DELETED>
                        <DELETED>    (i) physical vulnerabilities, 
                        including biological, chemical, and 
                        radiological contamination; and</DELETED>
                        <DELETED>    (ii) cyber 
                        vulnerabilities;</DELETED>
        <DELETED>    (2) protect water supply systems from a potential 
        threat by--</DELETED>
                <DELETED>    (A) developing technologies, processes, 
                guidelines, standards, and procedures that protect--
                </DELETED>
                        <DELETED>    (i) the physical assets of water 
                        supply systems, including protection from the 
                        impact of biological, chemical, and 
                        radiological contamination;</DELETED>
                        <DELETED>    (ii) information systems, 
                        including process controls and supervisory 
                        control and data acquisition; and</DELETED>
                        <DELETED>    (iii) cyber systems at water 
                        supply systems;</DELETED>
                <DELETED>    (B) developing real-time monitoring 
                systems to protect against biological, chemical, or 
                radiological attack; and</DELETED>
                <DELETED>    (C) developing educational and awareness 
                programs for water supply systems;</DELETED>
        <DELETED>    (3) develop technologies and processes for 
        addressing the mitigation, response and recovery of biological, 
        chemical, and radiological contamination of water supply 
        systems;</DELETED>
        <DELETED>    (4) implement the requirements of Presidential 
        Decision Directive 63 by refining and operating the Information 
        Sharing and Analysis Center to capture and share threats, 
        malevolent events, and best practices; and</DELETED>
        <DELETED>    (5) test and evaluate new technologies and 
        processes by--</DELETED>
                <DELETED>    (A) developing regional pilot facilities 
                to demonstrate upgraded security systems, assess new 
                technologies, and determine the effect of enhanced 
                security on operations and costs of the water supply 
                system; and</DELETED>
                <DELETED>    (B) study physical security and cyber 
                security at water supply systems.</DELETED>
<DELETED>    (c) Selection Criteria.--</DELETED>
        <DELETED>    (1) In general.--The Administrator, in 
        consultation with the water sector advisory group established 
        by the water sector coordinator on infrastructure security, 
        shall establish guidelines, procedures, and criteria for the 
        award of grants and other forms of financial assistance under 
        subsection (a).</DELETED>
        <DELETED>    (2) Requirements.--The Administrator shall ensure 
        that a project carried out under this Act reflects the needs of 
        water supply systems of various sizes and geographic areas of 
        the United States.</DELETED>
        <DELETED>    (3) Publication.--The Administrator shall publish 
        the guidelines, procedures, and criteria established under 
        paragraph (1) in the Federal Register.</DELETED>
<DELETED>    (d) Application.--To be eligible for assistance under 
subsection (a), a research institution shall submit a grant application 
that--</DELETED>
        <DELETED>    (1) provides for collaboration between 
        researchers, research institutions, and water system personnel, 
        staff, and managers;</DELETED>
        <DELETED>    (2) includes a plan for satisfying the 
        requirements established under subsection (b) and (c)(1); 
        and</DELETED>
        <DELETED>    (3) demonstrates compliance with Federal 
        requirements for safeguarding sensitive information.</DELETED>
<DELETED>    (e) Amount.--A grant to any 1 project carried out under 
this Act shall not exceed $1,000,000.</DELETED>
<DELETED>    (f) Cost-Sharing.--</DELETED>
        <DELETED>    (1) Federal share.--The Federal share of the cost 
        of carrying out a project under subsection (b)(5) shall be 50 
        percent.</DELETED>
        <DELETED>    (2) Non-federal share.--The non-Federal share of 
        the cost of carrying out a project under subsection (b)(5) may 
        be provided in the form of in-kind goods or services.</DELETED>
<DELETED>    (g) Information Sharing.--As soon as practicable after the 
results of a project carried out under this Act have been evaluated, 
the Administrator shall disseminate to water supply systems information 
on the results of the project through--</DELETED>
        <DELETED>    (1) the Information Sharing and Analysis Center; 
        or</DELETED>
        <DELETED>    (2) other appropriate means.</DELETED>

<DELETED>SEC. 4. AUTHORIZATION OF APPROPRIATIONS.</DELETED>

<DELETED>    There is authorized to be appropriated to carry out this 
Act $12,000,000 for each of fiscal years 2002 through 2007, to remain 
available until expended.</DELETED>

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Water Infrastructure Security and 
Research Development Act''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Administrator.--The term ``Administrator'' means the 
        Administrator of the Environmental Protection Agency.
            (2) Research institution.--
                    (A) In general.--The term ``research institution'' 
                means a public or private nonprofit institution or 
                other entity that--
                            (i) has the expertise to perform research 
                        on the security of water supply systems; and
                            (ii) complies with any applicable laws 
                        (including regulations) for the safeguarding of 
                        sensitive information.
                    (B) Inclusion.--The term ``research institution'' 
                includes a national laboratory.
            (3) Water supply system.--
                    (A) In general.--The term ``water supply system'' 
                means a public water system (as defined in section 1401 
                of the Safe Drinking Water Act (42 U.S.C. 300f)) or a 
                publicly owned treatment works (as defined in section 
                212 of the Federal Water Pollution Control Act (33 
                U.S.C. 1292)).
                    (B) Inclusions.--For the purposes of this Act only, 
                the term ``water supply system'' includes--
                            (i) a water source, including--
                                    (I) surface water in a lake, 
                                reservoir, or other impoundment;
                                    (II) flowing water in a river; or
                                    (III) ground water in an aquifer;
                            (ii) a system of aqueducts, tunnels, 
                        reservoirs, or pumping facilities to convey 
                        water from the water source;
                            (iii) a treatment facility;
                            (iv) a distribution system carrying 
                        finished water to users through a system of 
                        mains and subsidiary pipes; or
                            (v) a wastewater collection and treatment 
                        system.

SEC. 3. WATER INFRASTRUCTURE SECURITY GRANT PROGRAM.

    (a) In General.--The Administrator shall establish a program under 
which the Administrator shall make grants to, and enter into 
cooperative agreements with, research institutions to improve the 
protection and security of water supply systems by carrying out 
eligible projects described in subsection (c) on technologies and 
processes that address physical and cyber threats to water supply 
systems.
    (b) Consultation.--The Administrator shall consult with the 
Director of Central Intelligence to ensure that programs conducted 
pursuant to this Act appropriately protect classified information.
    (c) Eligible Projects.--To be eligible for assistance under 
subsection (a), a project shall--
            (1) assess security issues for water supply systems by--
                    (A) conducting system-specific and systemwide 
                assessments of the scope of and future implications of 
                security issues for water supply systems; and
                    (B) developing and refining vulnerability 
                assessment tools for water supply systems to identify--
                            (i) physical vulnerabilities, including 
                        biological, chemical, and radiological 
                        contamination; and
                            (ii) cyber vulnerabilities;
            (2) protect water supply systems from a potential threat 
        by--
                    (A) developing technologies, processes, guidelines, 
                standards, and procedures that protect--
                            (i) the physical assets of water supply 
                        systems, including protection from the impact 
                        of biological, chemical, and radiological 
                        contamination;
                            (ii) information systems, including process 
                        controls and supervisory control and data 
                        acquisition; and
                            (iii) cyber systems at water supply 
                        systems;
                    (B) developing real-time monitoring systems to 
                protect against biological, chemical, or radiological 
                attack; and
                    (C) developing educational and awareness programs 
                for water supply systems;
            (3) develop technologies and processes for addressing the 
        mitigation, response, and recovery of biological, chemical, and 
        radiological contamination of water supply systems;
            (4) implement the requirements of Presidential Decision 
        Directive 63 by refining and operating the Information Sharing 
        and Analysis Center to capture and share information concerning 
        threats, malevolent events, and best practices; or
            (5) test and evaluate new technologies and processes by--
                    (A) developing regional pilot facilities to 
                demonstrate upgraded security systems, assess new 
                technologies, and determine the effect of enhanced 
                security on operations and costs of the water supply 
                system; or
            (B) conducting demonstrations of other technologies and 
        processes to protect water supply systems.
    (d) Selection Criteria.--
            (1) In general.--The Administrator, in consultation with 
        representatives of appropriate Federal and State agencies, 
        water supply systems, and other appropriate public and private 
        entities, shall establish guidelines, procedures, and criteria 
        for the award of assistance under subsection (a).
            (2) Requirements.--The Administrator shall ensure that 
        projects carried out under this Act reflect the needs of water 
        supply systems of various sizes and geographic areas of the 
        United States.
            (3) Transmission to congress.--The Administrator shall 
        transmit to the Committee on Science of the House of 
        Representatives and the Committee on Environment and Public 
        Works of the Senate a copy of the guidelines, procedures, and 
        criteria established under paragraph (1).
            (4) Publication.--Not earlier than 30 days after the date 
        on which the Administrator transmits to Congress the 
        guidelines, procedures, and criteria under paragraph (3), the 
        Administrator shall publish the guidelines, procedures, and 
        criteria in the Federal Register.
    (e) Amount.--Assistance with respect to any 1 project carried out 
under this Act shall not exceed $1,000,000 in any 1 year.
    (f) Cost Sharing.--
            (1) Federal share.--The Federal share of the cost of 
        carrying out--
                    (A) a project under subsection (c)(5) shall be 50 
                percent; and
                    (B) a project under paragraphs (1) through (4) of 
                subsection (c) shall be 100 percent.
            (2) Non-federal share.--The non-Federal share of the cost 
        of carrying out a project under subsection (c)(5) may be 
        provided in cash or in-kind.
    (g) Information Sharing.--As soon as practicable after the results 
of a project carried out under this Act have been evaluated, the 
Administrator shall disseminate to water supply systems information on 
the results of the project through--
            (1) the Information Sharing and Analysis Center; or
            (2) other appropriate means.
    (h) Report.--The Administrator shall, as appropriate, periodically 
submit to the Committee on Science of the House of Representatives and 
the Committee on Environment and Public Works of the Senate a report on 
the status of the program established under subsection (a).

SEC. 4. AUTHORIZATION OF APPROPRIATIONS.

    There is authorized to be appropriated to carry out this Act 
$12,000,000 for each of fiscal years 2002 through 2007, to remain 
available until expended.

SEC. 5. ASSISTANCE FOR ARSENIC REQUIREMENTS.

    For each of fiscal years 2002 and 2003, from unobligated funds 
available to the Administrator, the Administrator shall use $20,000,000 
to provide assistance for small water supply systems to comply with 
requirements relating to arsenic in drinking water.




                                                       Calendar No. 272

107th CONGRESS

  1st Session

                                S. 1593

                          [Report No. 107-118]

_______________________________________________________________________

                                 A BILL

 To authorize the Administrator of the Environmental Protection Agency 
 to establish a grant program to support research projects on critical 
   infrastructure protection for water supply systems, and for other 
                               purposes.

_______________________________________________________________________

                           December 10, 2001

                       Reported with an amendment