[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 1316 Engrossed Amendment House (EAH)]


  2d Session

                                S. 1316

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                               AMENDMENT
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  

                In the House of Representatives, U. S.,

                                                         July 17, 1996.

    Resolved, That the bill from the Senate (S. 1316) entitled ``An Act to 
reauthorize and amend title XIV of the Public Health Service Act (commonly known 
as the ``Safe Drinking Water Act''), and for other purposes'', do pass with the 
following

                               AMENDMENT:

    Strike out all after the enacting clause, and insert:

SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Safe Drinking 
Water Act Amendments of 1996''.
    (b) Table of Contents.--

Sec. 1. Short title and table of contents.
Sec. 2. References; effective date; disclaimer.

                     TITLE I--PUBLIC WATER SYSTEMS

Subtitle A--Promulgation of National Primary Drinking Water Regulations

Sec. 101. Selection of additional contaminants.
Sec. 102. Disinfectants and disinfection byproducts.
Sec. 103. Limited alternative to filtration.
Sec. 104. Standard-setting.
Sec. 105. Ground water disinfection.
Sec. 106. Effective date for regulations.
Sec. 107. Risk assessment, management, and communication.
Sec. 108. Radon, arsenic, and sulfate.
Sec. 109. Urgent threats to public health.
Sec. 110. Recycling of filter backwash.
Sec. 111. Treatment technologies for small systems.

 Subtitle B--State Primary Enforcement Responsibility for Public Water 
                                Systems

Sec.  121. State primacy.

                Subtitle C--Notification and Enforcement

Sec. 131. Public notification.
Sec. 132. Enforcement.
Sec. 133. Judicial review

                  Subtitle D--Exemptions and Variances

Sec. 141. Exemptions.
Sec. 142. Variances.

                  Subtitle E--Lead Plumbing and Pipes

Sec. 151. Lead plumbing and pipes.

                    Subtitle F--Capacity Development

Sec. 161. Capacity development.

                     TITLE II--AMENDMENTS TO PART C

Sec. 201. Source water quality assessment.
Sec. 202. Federal facilities.

    TITLE III--GENERAL PROVISIONS REGARDING SAFE DRINKING WATER ACT

Sec. 301. Operator certification.
Sec. 302. Technical assistance.
Sec. 303. Public water system supervision program.
Sec. 304. Monitoring and information gathering.
Sec. 305. Occurrence data base.
Sec. 306. Citizens suits.
Sec. 307. Whistle blower.
Sec. 308. State revolving funds.
Sec. 309. Water conservation plan.

                        TITLE IV--MISCELLANEOUS

Sec. 401. Definitions.
Sec. 402. Authorization of appropriations.
Sec. 403. New York City watershed protection program.
Sec. 404. Estrogenic substances screening program.
Sec. 405. Reports on programs administered directly by Environmental 
                            Protection Agency.
Sec. 406. Return flows.
Sec. 407. Emergency powers.
Sec. 408. Waterborne disease occurrence study.
Sec. 409. Drinking water studies.
Sec. 410. Bottled drinking water standards.
Sec. 411. Clerical amendments.

 TITLE V--ADDITIONAL ASSISTANCE FOR WATER INFRASTRUCTURE AND WATERSHEDS

Sec. 501. General program.
Sec. 502. New York City Watershed, New York.
Sec. 503. Rural and Native villages, Alaska.
Sec. 504. Acquisition of lands.
Sec. 505. Federal share.
Sec. 506. Condition on authorizations of appropriations.
Sec. 507. Definitions.

            TITLE VI--DRINKING WATER RESEARCH AUTHORIZATION

Sec. 601. Drinking water research authorization.
Sec. 602. Scientific research review.

SEC. 2. REFERENCES; EFFECTIVE DATE; DISCLAIMER.

    (a) References to Safe Drinking Water Act.--Except as otherwise 
expressly provided, whenever in this Act an amendment or repeal is 
expressed in terms of an amendment to, or repeal of, a section or other 
provision, the reference shall be considered to be made to that section 
or other provision of title XIV of the Public Health Service Act 
(commonly known as the Safe Drinking Water Act, 42 U.S.C. 300f et 
seq.).
    (b) Effective Date.--Except as otherwise specified in this Act or 
in the amendments made by this Act, this Act and the amendments made by 
this Act shall take effect on the date of enactment of this Act.
    (c) Disclaimer.--Nothing in this Act or in any amendments made by 
this Act to title XIV of the Public Health Service Act (commonly known 
as the Safe Drinking Water Act) or any other law shall be construed by 
the Administrator of the Environmental Protection Agency or the courts 
as affecting, modifying, expanding, changing, or altering--
            (1) the provisions of the Federal Water Pollution Control 
        Act;
            (2) the duties and responsibilities of the Administrator 
        under that Act; or
            (3) the regulation or control of point or nonpoint sources 
        of pollution discharged into waters covered by that Act.
The Administrator shall identify in the agency's annual budget all 
funding and full-time equivalents administering such title XIV 
separately from funding and staffing for the Federal Water Pollution 
Control Act.

                     TITLE I--PUBLIC WATER SYSTEMS

Subtitle A--Promulgation of National Primary Drinking Water Regulations

SEC. 101. SELECTION OF ADDITIONAL CONTAMINANTS.

    (a) In General.--Section 1412(b)(3) (42 U.S.C. 300g-1(b)(3)) is 
amended to read as follows:
            ``(3) Regulation of unregulated contaminants.--
                    ``(A) Listing of contaminants for consideration.--
                (i) Not later than 18 months after the date of the 
                enactment of the Safe Drinking Water Act Amendments of 
                1996 and every 5 years thereafter, the Administrator, 
                after consultation with the scientific community, 
                including the Science Advisory Board, after notice and 
                opportunity for public comment, and after considering 
                the occurrence data base established under section 
                1445(g), shall publish a list of contaminants which, at 
                the time of publication, are not subject to any 
                proposed or promulgated national primary drinking water 
                regulation, which are known or anticipated to occur in 
                public water systems, and which may require regulation 
                under this title.
                    ``(ii) The unregulated contaminants considered 
                under clause (i) shall include, but not be limited to, 
                substances referred to in section 101(14) of the 
                Comprehensive Environmental Response, Compensation, and 
                Liability Act of 1980, and substances registered as 
                pesticides under the Federal Insecticide, Fungicide, 
                and Rodenticide Act.
                    ``(iii) The Administrator's decision whether or not 
                to select an unregulated contaminant for a list under 
                this subparagraph shall not be subject to judicial 
                review.
                    ``(B) Determination to regulate.--(i) Not later 
                than 5 years after the date of the enactment of the 
                Safe Drinking Water Act Amendments of 1996, and every 5 
                years thereafter, the Administrator shall, by rule, for 
                not fewer than 5 contaminants included on the list 
                published under subparagraph (A), make determinations 
                of whether or not to regulate such contaminants.
                    ``(ii) A determination to regulate a contaminant 
                shall be based on findings that--
                            ``(I) the contaminant is known to occur or 
                        there is a substantial likelihood that the 
                        contaminant will occur in public water systems 
                        with a frequency and at a level of public 
                        health concern; and
                            ``(II) regulation of such contaminant 
                        presents a meaningful opportunity for public 
                        health risk reduction for persons served by 
                        public water systems.
                Such findings shall be based on the best available 
                public health information, including the occurrence 
                data base established under section 1445(g).
                    ``(iii) The Administrator may make a determination 
                to regulate a contaminant that does not appear on a 
                list under subparagraph (A) if the determination to 
                regulate is made pursuant to clause (ii).
                    ``(iv) A determination under this subparagraph not 
                to regulate a contaminant shall be considered final 
                agency action and subject to judicial review.
                    ``(C) Priorities.--In selecting unregulated 
                contaminants for consideration under subparagraph (B), 
                the Administrator shall select contaminants that 
                present the greatest public health concern. The 
                Administrator, in making such selection, shall take 
                into consideration, among other factors of public 
                health concern, the effect of such contaminants upon 
                subgroups that comprise a meaningful portion of the 
                general population (such as infants, children, pregnant 
                women, the elderly, individuals with a history of 
                serious illness, or other subpopulations) that are 
                identifiable as being at greater risk of adverse health 
                effects due to exposure to contaminants in drinking 
                water than the general population.
                    ``(D) Regulation.--For each contaminant that the 
                Administrator determines to regulate under subparagraph 
                (B), the Administrator shall promulgate, by rule, 
                maximum contaminant level goals and national primary 
                drinking water regulations under this subsection. The 
                Administrator shall propose the maximum contaminant 
                level goal and national primary drinking water 
                regulation not later than 24 months after the 
                determination to regulate under subparagraph (B), and 
                may publish such proposed regulation concurrent with 
                the determination to regulate. The Administrator shall 
                promulgate a maximum contaminant level goal and 
                national primary drinking water regulation within 18 
                months after the proposal thereof. The Administrator, 
                by notice in the Federal Register, may extend the 
                deadline for such promulgation for up to 9 months.
                    ``(E) Health advisories and other actions.--The 
                Administrator may publish health advisories (which are 
                not regulations) or take other appropriate actions for 
                contaminants not subject to any national primary 
                drinking water regulation.''.
    (b) Applicability of Prior Requirements.--The requirements of 
subparagraphs (C) and (D) of section 1412(b)(3) of title XIV of the 
Public Health Service Act (commonly known as the Safe Drinking Water 
Act) as in effect before the enactment of this Act, and any obligation 
to promulgate regulations pursuant to such subparagraphs not 
promulgated as of the date of enactment of this Act, are superseded by 
the amendments made by subsection (a) to such subparagraphs (C) and 
(D).

SEC. 102. DISINFECTANTS AND DISINFECTION BYPRODUCTS.

    Section 1412(b)(3) (42 U.S.C. 300g-1(b)(3)) is amended by adding at 
the end the following subparagraph:
                    ``(F) Disinfectants and disinfection byproducts.--
                            ``(i) Information collection rule.--Not 
                        later than December 31, 1996, the Administrator 
                        shall, after notice and opportunity for public 
                        comment, promulgate an information collection 
                        rule to obtain information that will facilitate 
                        further revisions to the national primary 
                        drinking water regulation for disinfectants and 
                        disinfection byproducts, including information 
                        on microbial contaminants such as 
                        cryptosporidium. The Administrator may extend 
                        the December 31, 1996, deadline under this 
                        clause for up to 180 days if the Administrator 
                        determines that progress toward approval of an 
                        appropriate analytical method to screen for 
                        cryptosporidium is sufficiently advanced and 
                        approval is likely to be completed within the 
                        additional time period.
                            ``(ii) Additional deadlines.--The time 
                        intervals between promulgation of a final 
                        information collection rule, an Interim 
                        Enhanced Surface Water Treatment Rule, a Final 
                        Enhanced Surface Water Treatment Rule, a Stage 
                        I Disinfectants and Disinfection Byproducts 
                        Rule, and a Stage II Disinfectants and 
                        Disinfection Byproducts Rule shall be in 
                        accordance with the schedule published in 
                        volume 59, Federal Register, page 6361 
                        (February 10, 1994), in table III.13 of the 
                        proposed Information Collection Rule. If a 
                        delay occurs with respect to the promulgation 
                        of any rule in the timetable established by 
                        this subparagraph, all subsequent rules shall 
                        be completed as expeditiously as practicable 
                        but no later than a revised date that reflects 
                        the interval or intervals for the rules in the 
                        timetable.''.

SEC. 103. LIMITED ALTERNATIVE TO FILTRATION.

    Section 1412(b)(7)(C) is amended by adding the following after 
clause (iv):
                            ``(v) As an additional alternative to the 
                        regulations promulgated pursuant to clauses (i) 
                        and (iii), including the criteria for avoiding 
                        filtration contained in CFR 141.71, a State 
                        exercising primary enforcement responsibility 
                        for public water systems may, on a case-by-case 
                        basis, and after notice and opportunity for 
                        public comment, establish treatment 
                        requirements as an alternative to filtration in 
                        the case of systems having uninhabited, 
                        undeveloped watersheds in consolidated 
                        ownership, and having control over access to, 
                        and activities in, those watersheds, if the 
                        State determines (and the Administrator 
                        concurs) that the quality of the source water 
                        and the alternative treatment requirements 
                        established by the State ensure greater removal 
                        or inactivation efficiencies of pathogenic 
                        organisms for which national primary drinking 
                        water regulations have been promulgated or that 
                        are of public health concern than would be 
                        achieved by the combination of filtration and 
                        chlorine disinfection (in compliance with 
                        paragraph (8)).''.

SEC. 104. STANDARD-SETTING.

    (a) In General.--Section 1412(b) (42 U.S.C. 300g-1(b)) is amended 
as follows:
            (1) In paragraph (4)--
                    (A) by striking ``(4) Each'' and inserting the 
                following:
            ``(4) Goals and standards.--
                    ``(A) Maximum contaminant level goals.--Each'';
                    (B) in the last sentence--
                            (i) by striking ``Each national'' and 
                        inserting the following:
                    ``(B) Maximum contaminant levels.-- Except as 
                provided in paragraphs (5) and (6), each national''; 
                and
                            (ii) by striking ``maximum level'' and 
                        inserting ``maximum contaminant level''; and
                    (C) by adding at the end the following:
                    ``(C) Determination.--At the time the Administrator 
                proposes a national primary drinking water regulation 
                under this paragraph, the Administrator shall publish a 
                determination as to whether the benefits of the maximum 
                contaminant level justify, or do not justify, the costs 
                based on the analysis conducted under paragraph 
                (12)(C).''.
            (2) By striking ``(5) For the'' and inserting the 
        following:
                    ``(D) Definition of feasible.--For the''.
            (3) In the second sentence of paragraph (4)(D) (as so 
        designated), by striking ``paragraph (4)'' and inserting ``this 
        paragraph''.
            (4) By striking ``(6) Each national'' and inserting the 
        following:
                    ``(E) Feasible technologies.--
                            ``(i) Each national''.
            (5) In paragraph (4)(E)(i) (as so designated), by striking 
        ``this paragraph'' and inserting ``this subsection''.
            (6) By inserting after paragraph (4) (as so amended) the 
        following:
            ``(5) Additional health risk considerations.--
                    ``(A) In general.--Notwithstanding paragraph (4), 
                the Administrator may establish a maximum contaminant 
                level for a contaminant at a level other than the 
                feasible level, if the technology, treatment 
                techniques, and other means used to determine the 
                feasible level would result in an increase in the 
                health risk from drinking water by--
                            ``(i) increasing the concentration of other 
                        contaminants in drinking water; or
                            ``(ii) interfering with the efficacy of 
                        drinking water treatment techniques or 
                        processes that are used to comply with other 
                        national primary drinking water regulations.
                    ``(B) Establishment of level.--If the Administrator 
                establishes a maximum contaminant level or levels or 
                requires the use of treatment techniques for any 
                contaminant or contaminants pursuant to the authority 
                of this paragraph--
                            ``(i) the level or levels or treatment 
                        techniques shall minimize the overall risk of 
                        adverse health effects by balancing the risk 
                        from the contaminant and the risk from other 
                        contaminants the concentrations of which may be 
                        affected by the use of a treatment technique or 
                        process that would be employed to attain the 
                        maximum contaminant level or levels; and
                            ``(ii) the combination of technology, 
                        treatment techniques, or other means required 
                        to meet the level or levels shall not be more 
                        stringent than is feasible (as defined in 
                        paragraph (4)(D)).
            ``(6) Additional health risk reduction and cost 
        considerations.--
                    ``(A) In general.--Notwithstanding paragraph (4), 
                if the Administrator determines based on an analysis 
                conducted under paragraph (12)(C) that the benefits of 
                a maximum contaminant level promulgated in accordance 
                with paragraph (4) would not justify the costs of 
                complying with the level, the Administrator may, after 
                notice and opportunity for public comment, promulgate a 
                maximum contaminant level for the contaminant that 
                maximizes health risk reduction benefits at a cost that 
                is justified by the benefits.
                    ``(B) Exception.--The Administrator shall not use 
                the authority of this paragraph to promulgate a maximum 
                contaminant level for a contaminant, if the benefits of 
                compliance with a national primary drinking water 
                regulation for the contaminant that would be 
                promulgated in accordance with paragraph (4) 
                experienced by--
                            ``(i) persons served by large public water 
                        systems; and
                            ``(ii) persons served by such other systems 
                        as are unlikely, based on information provided 
                        by the States, to receive a variance under 
                        section 1415(e) (relating to small system 
                        assistance program);
                would justify the costs to the systems of complying 
                with the regulation. This subparagraph shall not apply 
                if the contaminant is found almost exclusively in small 
                systems (as defined in section 1415(e), relating to 
                small system assistance program).
                    ``(C) Disinfectants and disinfection byproducts.--
                The Administrator may not use the authority of this 
                paragraph to establish a maximum contaminant level in a 
                Stage I or Stage II national primary drinking water 
                regulation for contaminants that are disinfectants or 
                disinfection byproducts (as described in paragraph 
                (3)(F)), or to establish a maximum contaminant level or 
                treatment technique requirement for the control of 
                cryptosporidium. The authority of this paragraph may be 
                used to establish regulations for the use of 
                disinfection by systems relying on ground water sources 
                as required by paragraph (8).
                    ``(D) Judicial review.--A determination by the 
                Administrator that the benefits of a maximum 
                contaminant level or treatment requirement justify or 
                do not justify the costs of complying with the level 
                shall be reviewed by the court pursuant to section 1448 
                only as part of a review of a final national primary 
                drinking water regulation that has been promulgated 
                based on the determination and shall not be set aside 
                by the court under that section unless the court finds 
                that the determination is arbitrary and capricious.''.
    (b) Disinfectants and Disinfection Byproducts.--The Administrator 
of the Environmental Protection Agency may use the authority of section 
1412(b)(5) of the Public Health Service Act (as amended by this Act) to 
promulgate the Stage I and Stage II rules for disinfectants and 
disinfection byproducts as proposed in volume 59, Federal Register, 
page 38668 (July 29, 1994). The considerations used in the development 
of the July 29, 1994, proposed national primary drinking water 
regulation on Disinfection and Disinfection Byproducts shall be treated 
as consistent with such section 1412(b)(5) for purposes of such Stage I 
and Stage II rules.
    (c) Review of Standards.--Section 1412(b)(9) (42 U.S.C. 300g-1(b)) 
is amended to read as follows:
            ``(9) Review and revision.--The Administrator shall, not 
        less often than every 6 years, review and revise, as 
        appropriate, each national primary drinking water regulation 
        promulgated under this title. Any revision of a national 
        primary drinking water regulation shall be promulgated in 
        accordance with this section, except that each revision shall 
        maintain, or provide for greater, protection of the health of 
        persons.''.

SEC. 105. GROUND WATER DISINFECTION.

    Section 1412(b)(8) (42 U.S.C. 300g-1(b)(8)) is amended by striking 
the first sentence and inserting the following: ``At any time after the 
end of the 3-year period that begins on the date of enactment of the 
Safe Drinking Water Act Amendments of 1996, but not later than the date 
on which the Administrator promulgates a Stage II rulemaking for 
disinfectants and disinfection byproducts (as described in paragraph 
(3)(F)(ii)), the Administrator shall also promulgate national primary 
drinking water regulations requiring disinfection as a treatment 
technique for all public water systems, including surface water systems 
and, as necessary, ground water systems. After consultation with the 
States, the Administrator shall (as part of the regulations) promulgate 
criteria that the Administrator, or a State that has primary 
enforcement responsibility under section 1413, shall apply to determine 
whether disinfection shall be required as a treatment technique for any 
public water system served by ground water. A State that has primary 
enforcement authority shall develop a plan through which ground water 
disinfection determinations are made. The plan shall be based on the 
Administrator's criteria and shall be submitted to the Administrator 
for approval.''.

SEC. 106. EFFECTIVE DATE FOR REGULATIONS.

    Section 1412(b)(10) (42 U.S.C. 300g-1(b)(10)) is amended to read as 
follows:
            ``(10) Effective date.--A national primary drinking water 
        regulation promulgated under this section (and any amendment 
        thereto) shall take effect on the date that is 3 years after 
        the date on which the regulation is promulgated unless the 
        Administrator determines that an earlier date is practicable, 
        except that the Administrator, or a State (in the case of an 
        individual system), may allow up to 2 additional years to 
        comply with a maximum contaminant level or treatment technique 
        if the Administrator or State (in the case of an individual 
        system) determines that additional time is necessary for 
        capital improvements.''.

SEC. 107. RISK ASSESSMENT, MANAGEMENT, AND COMMUNICATION.

    Section 1412(b) (42 U.S.C. 300g-1(b)) is amended by inserting after 
paragraph (11) the following:
            ``(12) Risk assessment, management and communication.--
                    ``(A) Use of science in decisionmaking.--In 
                carrying out this section, and, to the degree that an 
                Agency action is based on science, the Administrator 
                shall use--
                            ``(i) the best available, peer-reviewed 
                        science and supporting studies conducted in 
                        accordance with sound and objective scientific 
                        practices; and
                            ``(ii) data collected by accepted methods 
                        or best available methods (if the reliability 
                        of the method and the nature of the decision 
                        justifies use of the data).
                    ``(B) Public information.--In carrying out this 
                section, the Administrator shall ensure that the 
                presentation of information on public health effects is 
                comprehensive, informative and understandable. The 
                Administrator shall, in a document made available to 
                the public in support of a regulation promulgated under 
                this section, specify, to the extent practicable--
                            ``(i) each population addressed by any 
                        estimate of public health effects;
                            ``(ii) the expected risk or central 
                        estimate of risk for the specific populations;
                            ``(iii) each appropriate upper-bound or 
                        lower-bound estimate of risk;
                            ``(iv) each significant uncertainty 
                        identified in the process of the assessment of 
                        public health effects and studies that would 
                        assist in resolving the uncertainty; and
                            ``(v) peer-reviewed studies known to the 
                        Administrator that support, are directly 
                        relevant to, or fail to support any estimate of 
                        public health effects and the methodology used 
                        to reconcile inconsistencies in the scientific 
                        data.
                    ``(C) Health risk reduction and cost analysis.--
                            ``(i) Maximum contaminant levels.--When 
                        proposing any national primary drinking water 
                        regulation that includes a maximum contaminant 
                        level, the Administrator shall, with respect to 
                        a maximum contaminant level that is being 
                        considered in accordance with paragraph (4) and 
                        each alternative maximum contaminant level that 
                        is being considered pursuant to paragraph (5) 
                        or (6)(A), publish, seek public comment on, and 
                        use for the purposes of paragraphs (4), (5), 
                        and (6) an analysis of:
                                    ``(I) Quantifiable and 
                                nonquantifiable health risk reduction 
                                benefits for which there is a factual 
                                basis in the rulemaking record to 
                                conclude that such benefits are likely 
                                to occur as the result of treatment to 
                                comply with each level.
                                    ``(II) Quantifiable and 
                                nonquantifiable health risk reduction 
                                benefits for which there is a factual 
                                basis in the rulemaking record to 
                                conclude that such benefits are likely 
                                to occur from reductions in co-
                                occurring contaminants that may be 
                                attributed solely to compliance with 
                                the maximum contaminant level, 
                                excluding benefits resulting from 
                                compliance with other proposed or 
                                promulgated regulations.
                                    ``(III) Quantifiable and 
                                nonquantifiable costs for which there 
                                is a factual basis in the rulemaking 
                                record to conclude that such costs are 
                                likely to occur solely as a result of 
                                compliance with the maximum contaminant 
                                level, including monitoring, treatment, 
                                and other costs and excluding costs 
                                resulting from compliance with other 
                                proposed or promulgated regulations.
                                    ``(IV) The incremental costs and 
                                benefits associated with each 
                                alternative maximum contaminant level 
                                considered.
                                    ``(V) The effects of the 
                                contaminant on the general population 
                                and on groups within the general 
                                population such as infants, children, 
                                pregnant women, the elderly, 
                                individuals with a history of serious 
                                illness, or other subpopulations that 
                                are identified as likely to be at 
                                greater risk of adverse health effects 
                                due to exposure to contaminants in 
                                drinking water than the general 
                                population.
                                    ``(VI) Any increased health risk 
                                that may occur as the result of 
                                compliance, including risks associated 
                                with co-occurring contaminants.
                                    ``(VII) Other relevant factors, 
                                including the quality and extent of the 
                                information, the uncertainties in the 
                                analysis supporting subclauses (I) 
                                through (VI), and factors with respect 
                                to the degree and nature of the risk.
                            ``(ii) Treatment techniques.--When 
                        proposing a national primary drinking water 
                        regulation that includes a treatment technique 
                        in accordance with paragraph (7)(A), the 
                        Administrator shall publish and seek public 
                        comment on an analysis of the health risk 
                        reduction benefits and costs likely to be 
                        experienced as the result of compliance with 
                        the treatment technique and alternative 
                        treatment techniques that are being considered, 
                        taking into account, as appropriate, the 
                        factors described in clause (i).
                            ``(iii) Approaches to measure and value 
                        benefits.--The Administrator may identify valid 
                        approaches for the measurement and valuation of 
                        benefits under this subparagraph, including 
                        approaches to identify consumer willingness to 
                        pay for reductions in health risks from 
                        drinking water contaminants.
                            ``(iv) Authorization.--There are authorized 
                        to be appropriated to the Administrator, acting 
                        through the Office of Ground Water and Drinking 
                        Water, to conduct studies, assessments, and 
                        analyses in support of regulations or the 
                        development of methods, $35,000,000 for each of 
                        fiscal years 1996 through 2003.''.

SEC. 108. RADON, ARSENIC, AND SULFATE.

    Section 1412(b) is amended by inserting after paragraph (12) the 
following:
            ``(13) Certain contaminants.--
                    ``(A) Radon.--Any proposal published by the 
                Administrator before the enactment of the Safe Drinking 
                Water Act Amendments of 1996 to establish a national 
                primary drinking water standard for radon shall be 
                withdrawn by the Administrator. Notwithstanding any 
                provision of any law enacted prior to the enactment of 
                the Safe Drinking Water Act Amendments of 1996, within 
                3 years of such date of enactment, the Administrator 
                shall propose and promulgate a national primary 
                drinking water regulation for radon under this section, 
                as amended by the Safe Drinking Water Act Amendments of 
                1996. In undertaking any risk analysis and benefit cost 
                analysis in connection with the promulgation of such 
                standard, the Administrator shall take into account the 
                costs and benefits of control programs for radon from 
                other sources.
                    ``(B) Arsenic.--(i) Notwithstanding the deadlines 
                set forth in paragraph (1), the Administrator shall 
                promulgate a national primary drinking water regulation 
                for arsenic pursuant to this subsection, in accordance 
                with the schedule established by this paragraph.
                    ``(ii) Not later than 180 days after the date of 
                enactment of this paragraph, the Administrator shall 
                develop a comprehensive plan for study in support of 
                drinking water rulemaking to reduce the uncertainty in 
                assessing health risks associated with exposure to low 
                levels of arsenic. In conducting such study, the 
                Administrator shall consult with the National Academy 
                of Sciences, other Federal agencies, and interested 
                public and private entities.
                    ``(iii) In carrying out the study plan, the 
                Administrator may enter into cooperative agreements 
                with other Federal agencies, State and local 
                governments, and other interested public and private 
                entities.
                    ``(iv) The Administrator shall propose a national 
                primary drinking water regulation for arsenic not later 
                than January 1, 2000.
                    ``(v) Not later than January 1, 2001, after notice 
                and opportunity for public comment, the Administrator 
                shall promulgate a national primary drinking water 
                regulation for arsenic.
                    ``(vi) There are authorized to be appropriated 
                $2,000,000 for each of fiscal years 1997 through 2001 
                for the studies required by this paragraph.
                    ``(C) Sulfate.--
                            ``(i) Additional study.--Prior to 
                        promulgating a national primary drinking water 
                        regulation for sulfate, the Administrator and 
                        the Director of the Centers for Disease Control 
                        and Prevention shall jointly conduct an 
                        additional study to establish a reliable dose-
                        response relationship for the adverse human 
                        health effects that may result from exposure to 
                        sulfate in drinking water, including the health 
                        effects that may be experienced by groups 
                        within the general population (including 
                        infants and travelers) that are potentially at 
                        greater risk of adverse health effects as the 
                        result of such exposure. The study shall be 
                        conducted in consultation with interested 
                        States, shall be based on the best available, 
                        peer-reviewed science and supporting studies 
                        conducted in accordance with sound and 
                        objective scientific practices.
                            ``(ii) Proposed and final rule.--
                        Notwithstanding the deadlines set forth in 
                        paragraph (1), the Administrator may, pursuant 
                        to the authorities of this subsection and after 
                        notice and opportunity for public comment, 
                        promulgate a final national primary drinking 
                        water regulation for sulfate. Any such 
                        regulation shall include requirements for 
                        public notification and options for the 
                        provision of alternative water supplies to 
                        populations at risk as a means of complying 
                        with the regulation in lieu of a best available 
                        treatment technology or other means.''.

SEC. 109. URGENT THREATS TO PUBLIC HEALTH.

    Section 1412(b) is amended by inserting the following after 
paragraph (13):
            ``(14) Urgent threats to public health.--The Administrator 
        may promulgate an interim national primary drinking water 
        regulation for a contaminant without making a determination for 
        the contaminant under paragraph (4)(C) or completing the 
        analysis under paragraph (12)(C) to address an urgent threat to 
        public health as determined by the Administrator after 
        consultation with and written response to any comments provided 
        by the Secretary of Health and Human Services, acting through 
        the director of the Centers for Disease Control and Prevention 
        or the director of the National Institutes of Health. A 
        determination for any contaminant in accordance with paragraph 
        (4)(C) subject to an interim regulation under this subparagraph 
        shall be issued, and a completed analysis meeting the 
        requirements of paragraph (12)(C) shall be published, not later 
        than 3 years after the date on which the regulation is 
        promulgated and the regulation shall be repromulgated, or 
        revised if appropriate, not later than 5 years after that 
        date.''.

SEC. 110. RECYCLING OF FILTER BACKWASH.

    Section 1412(b) is amended by adding the following new paragraph 
after paragraph (14):
            ``(15) Recycling of filter backwash.--The Administrator 
        shall promulgate a regulation to govern the recycling of filter 
        backwash water within the treatment process of a public water 
        system. The Administrator shall promulgate such regulation not 
        later than 4 years after the date of the enactment of the Safe 
        Drinking Water Act Amendments of 1996 unless such recycling has 
        been addressed by the Administrator's `enhanced surface water 
        treatment rule' prior to such date.''.

SEC. 111. TREATMENT TECHNOLOGIES FOR SMALL SYSTEMS.

    (a) List of Technologies for Small Systems.--Section 1412(b)(4)(E) 
(42 U.S.C. 300g-1(b)(4)(E)), is amended by adding at the end the 
following:
                            ``(ii) The Administrator shall include in 
                        the list any technology, treatment technique, 
                        or other means that is affordable for small 
                        public water systems serving--
                                    ``(I) a population of 10,000 or 
                                fewer but more than 3,300;
                                    ``(II) a population of 3,300 or 
                                fewer but more than 500; and
                                    ``(III) a population of 500 or 
                                fewer but more than 25;
                        and that achieves compliance with the maximum 
                        contaminant level or treatment technique, 
                        including packaged or modular systems and 
                        point-of-entry or point-of-use treatment units. 
                        Point-of-entry and point-of-use treatment units 
                        shall be owned, controlled and maintained by 
                        the public water system or by a person under 
                        contract with the public water system to ensure 
                        proper operation and maintenance and compliance 
                        with the maximum contaminant level or treatment 
                        technique and equipped with mechanical warnings 
                        to ensure that customers are automatically 
                        notified of operational problems. If the 
                        American National Standards Institute has 
                        issued product standards applicable to a 
                        specific type of point-of-entry or point-of-use 
                        treatment unit, individual units of that type 
                        shall not be accepted for compliance with a 
                        maximum contaminant level or treatment 
                        technique requirement unless they are 
                        independently certified in accordance with such 
                        standards.
                            ``(iii) Except as provided in clause (v), 
                        not later than 2 years after the date of the 
                        enactment of this clause and after consultation 
                        with the States, the Administrator shall issue 
                        a list of technologies that achieve compliance 
                        with the maximum contaminant level or treatment 
                        technique for each category of public water 
                        systems described in subclauses (I), (II), and 
                        (III) of clause (ii) for each national primary 
                        drinking water regulation promulgated prior to 
                        the date of the enactment of this paragraph.
                            ``(iv) The Administrator may, at any time 
                        after a national primary drinking water 
                        regulation has been promulgated, supplement the 
                        list of technologies describing additional or 
                        new or innovative treatment technologies that 
                        meet the requirements of this paragraph for 
                        categories of small public water systems 
                        described in subclauses (I), (II) and (III) of 
                        clause (ii) that are subject to the regulation.
                            ``(v) Within one year after the enactment 
                        of this clause, the Administrator shall list 
                        technologies that meet the surface water 
                        treatment rules for each category of public 
                        water systems described in subclauses (I), 
                        (II), and (III) of clause (ii).''.
    (b) Availability of Information on Small System Technologies.--
Section 1445 (42 U.S.C. 300j-4) is amended by adding after subsection 
(g):
    ``(h) Availability of Information on Small System Technologies.--
For purposes of sections 1412(b)(4)(E) and 1415(e) (relating to small 
system assistance program), the Administrator may request information 
on the characteristics of commercially available treatment systems and 
technologies, including the effectiveness and performance of the 
systems and technologies under various operating conditions. The 
Administrator may specify the form, content, and submission date of 
information to be submitted by manufacturers, States, and other 
interested persons for the purpose of considering the systems and 
technologies in the development of regulations or guidance under 
sections 1412(b)(4)(E) and 1415(e).''.

 Subtitle B--State Primary Enforcement Responsibility for Public Water 
                                Systems

SEC. 121. STATE PRIMACY.

    (a) State Primary Enforcement Responsibility.--Section 1413 (42 
U.S.C. 300g-2) is amended as follows:
            (1) In subsection (a), by amending paragraph (1) to read as 
        follows:
            ``(1) has adopted drinking water regulations that are no 
        less stringent than the national primary drinking water 
        regulations promulgated by the Administrator under subsections 
        (a) and (b) of section 1412 not later than 2 years after the 
        date on which the regulations are promulgated by the 
        Administrator, except that the Administrator may provide for an 
        extension of not more than 2 years if, after submission and 
        review of appropriate, adequate documentation from the State, 
        the Administrator determines that the extension is necessary 
        and justified;''.
            (2) By adding at the end the following subsection:
    ``(c) Interim Primary Enforcement Authority.--A State that has 
primary enforcement authority under this section with respect to each 
existing national primary drinking water regulation shall be considered 
to have primary enforcement authority with respect to each new or 
revised national primary drinking water regulation during the period 
beginning on the effective date of a regulation adopted and submitted 
by the State with respect to the new or revised national primary 
drinking water regulation in accordance with subsection (b)(1) and 
ending at such time as the Administrator makes a determination under 
subsection (b)(2)(B) with respect to the regulation.''.
    (b) Emergency Plans.--Section 1413(a)(5) is amended by inserting 
after ``emergency circumstances'' the following: ``including 
earthquakes, floods, hurricanes, and other natural disasters, as 
appropriate''.

                Subtitle C--Notification and Enforcement

SEC. 131. PUBLIC NOTIFICATION.

    Section 1414(c) (42 U.S.C. 300g-3(c)) is amended to read as 
follows:
    ``(c) Notice to Persons Served.--
            ``(1) In general.--Each owner or operator of a public water 
        system shall give notice of each of the following to the 
        persons served by the system:
                    ``(A) Notice of any failure on the part of the 
                public water system to--
                            ``(i) comply with an applicable maximum 
                        contaminant level or treatment technique 
                        requirement of, or a testing procedure 
                        prescribed by, a national primary drinking 
                        water regulation; or
                            ``(ii) perform monitoring required by 
                        section 1445(a).
                    ``(B) If the public water system is subject to a 
                variance granted under subsection (a)(1)(A), (a)(2), or 
                (e) of section 1415 for an inability to meet a maximum 
                contaminant level requirement or is subject to an 
                exemption granted under section 1416, notice of--
                            ``(i) the existence of the variance or 
                        exemption; and
                            ``(ii) any failure to comply with the 
                        requirements of any schedule prescribed 
                        pursuant to the variance or exemption.
                    ``(C) Notice of the concentration level of any 
                unregulated contaminant for which the Administrator has 
                required public notice pursuant to paragraph (2)(E).
            ``(2) Form, manner, and frequency of notice.--
                    ``(A) In general.--The Administrator shall, by 
                regulation, and after consultation with the States, 
                prescribe the manner, frequency, form, and content for 
                giving notice under this subsection. The regulations 
                shall--
                            ``(i) provide for different frequencies of 
                        notice based on the differences between 
                        violations that are intermittent or infrequent 
                        and violations that are continuous or frequent; 
                        and
                            ``(ii) take into account the seriousness of 
                        any potential adverse health effects that may 
                        be involved.
                    ``(B) State requirements.--
                            ``(i) In general.--A State may, by rule, 
                        establish alternative notification 
                        requirements--
                                    ``(I) with respect to the form and 
                                content of notice given under and in a 
                                manner in accordance with subparagraph 
                                (C); and
                                    ``(II) with respect to the form and 
                                content of notice given under 
                                subparagraph (D).
                            ``(ii) Contents.--The alternative 
                        requirements shall provide the same type and 
                        amount of information as required pursuant to 
                        this subsection and regulations issued under 
                        subparagraph (A).
                            ``(iii) Relationship to section 1413.--
                        Nothing in this subparagraph shall be construed 
                        or applied to modify the requirements of 
                        section 1413.
                    ``(C) Violations with potential to have serious 
                adverse effects on human health.--Regulations issued 
                under subparagraph (A) shall specify notification 
                procedures for each violation by a public water system 
                that has the potential to have serious adverse effects 
                on human health as a result of short-term exposure. 
                Each notice of violation provided under this 
                subparagraph shall--
                            ``(i) be distributed as soon as practicable 
                        after the occurrence of the violation, but not 
                        later than 24 hours after the occurrence of the 
                        violation;
                            ``(ii) provide a clear and readily 
                        understandable explanation of--
                                    ``(I) the violation;
                                    ``(II) the potential adverse 
                                effects on human health;
                                    ``(III) the steps that the public 
                                water system is taking to correct the 
                                violation; and
                                    ``(IV) the necessity of seeking 
                                alternative water supplies until the 
                                violation is corrected;
                            ``(iii) be provided to the Administrator or 
                        the head of the State agency that has primary 
                        enforcement responsibility under section 1413 
                        as soon as practicable, but not later than 24 
                        hours after the occurrence of the violation; 
                        and
                            ``(iv) as required by the State agency in 
                        general regulations of the State agency, or on 
                        a case-by-case basis after the consultation 
                        referred to in clause (iii), considering the 
                        health risks involved--
                                    ``(I) be provided to appropriate 
                                broadcast media;
                                    ``(II) be prominently published in 
                                a newspaper of general circulation 
                                serving the area not later than 1 day 
                                after distribution of a notice pursuant 
                                to clause (i) or the date of 
                                publication of the next issue of the 
                                newspaper; or
                                    ``(III) be provided by posting or 
                                door-to-door notification in lieu of 
                                notification by means of broadcast 
                                media or newspaper.
                    ``(D) Written notice.--
                            ``(i) In general.--Regulations issued under 
                        subparagraph (A) shall specify notification 
                        procedures for violations other than the 
                        violations covered by subparagraph (C). The 
                        procedures shall specify that a public water 
                        system shall provide written notice to each 
                        person served by the system by notice (I) in 
                        the first bill (if any) prepared after the date 
                        of occurrence of the violation, (II) in an 
                        annual report issued not later than 1 year 
                        after the date of occurrence of the violation, 
                        or (III) by mail or direct delivery as soon as 
                        practicable, but not later than 1 year after 
                        the date of occurrence of the violation.
                            ``(ii) Form and manner of notice.--The 
                        Administrator shall prescribe the form and 
                        manner of the notice to provide a clear and 
                        readily understandable explanation of the 
                        violation, any potential adverse health 
                        effects, and the steps that the system is 
                        taking to seek alternative water supplies, if 
                        any, until the violation is corrected.
                    ``(E) Unregulated contaminants.--The Administrator 
                may require the owner or operator of a public water 
                system to give notice to the persons served by the 
                system of the concentration levels of an unregulated 
                contaminant required to be monitored under section 
                1445(a).
            ``(3) Reports.--
                    ``(A) Annual report by state.--
                            ``(i) In general.--Not later than January 
                        1, 1998, and annually thereafter, each State 
                        that has primary enforcement responsibility 
                        under section 1413 shall prepare, make readily 
                        available to the public, and submit to the 
                        Administrator an annual report on violations of 
                        national primary drinking water regulations by 
                        public water systems in the State, including 
                        violations with respect to (I) maximum 
                        contaminant levels, (II) treatment 
                        requirements, (III) variances and exemptions, 
                        and (IV) monitoring requirements determined to 
                        be significant by the Administrator after 
                        consultation with the States.
                            ``(ii) Distribution.--The State shall 
                        publish and distribute summaries of the report 
                        and indicate where the full report is available 
                        for review.
                    ``(B) Annual report by administrator.--Not later 
                than July 1, 1998, and annually thereafter, the 
                Administrator shall prepare and make available to the 
                public an annual report summarizing and evaluating 
                reports submitted by States pursuant to subparagraph 
                (A) and notices submitted by public water systems 
                serving Indian Tribes provided to the Administrator 
                pursuant to subparagraph (C) or (D) of paragraph (2) 
                and making recommendations concerning the resources 
                needed to improve compliance with this title. The 
                report shall include information about public water 
                system compliance on Indian reservations and about 
                enforcement activities undertaken and financial 
                assistance provided by the Administrator on Indian 
                reservations, and shall make specific recommendations 
                concerning the resources needed to improve compliance 
                with this title on Indian reservations.
            ``(4) Consumer confidence reports by community water 
        systems.--
                    ``(A) Annual reports to consumers.--The 
                Administrator, in consultation with public water 
                systems, environmental groups, public interest groups, 
                risk communication experts, and the States, and other 
                interested parties, shall issue regulations within 24 
                months after the date of the enactment of this 
                paragraph to require each community water system to 
                mail to each customer of the system at least once 
                annually a report on the level of contaminants in the 
                drinking water purveyed by that system (hereinafter in 
                this paragraph referred to as a `consumer confidence 
                report'). Such regulations shall provide a brief and 
                plainly worded definition of the terms `maximum 
                contaminant level goal' and `maximum contaminant level' 
                and brief statements in plain language regarding the 
                health concerns that resulted in regulation of each 
                regulated contaminant. The regulations shall also 
                provide for an Environmental Protection Agency toll-
                free hot-line that consumers can call for more 
                information and explanation.
                    ``(B) Contents of report.--The consumer confidence 
                reports under this paragraph shall include, but not be 
                limited to, each of the following:
                            ``(i) Information on the source of the 
                        water purveyed.
                            ``(ii) A brief and plainly worded 
                        definition of the terms `maximum contaminant 
                        level goal' and `maximum contaminant level', as 
                        provided in the regulations of the 
                        Administrator.
                            ``(iii) If any regulated contaminant is 
                        detected in the water purveyed by the public 
                        water system, a statement setting forth (I) the 
                        maximum contaminant level goal, (II) the 
                        maximum contaminant level, (III) the level of 
                        such contaminant in such water system, and (IV) 
                        for any regulated contaminant for which there 
                        has been a violation of the maximum contaminant 
                        level during the year concerned, the brief 
                        statement in plain language regarding the 
                        health concerns that resulted in regulation of 
                        such contaminant, as provided by the 
                        Administrator in regulations under subparagraph 
                        (A).
                            ``(iv) Information on compliance with 
                        national primary drinking water regulations.
                            ``(v) Information on the levels of 
                        unregulated contaminants for which monitoring 
                        is required under section 1445(a)(2) (including 
                        levels of cryptosporidium and radon where 
                        States determine they may be found).
                            ``(vi) A statement that more information 
                        about contaminants and potential health effects 
                        can be obtained by calling the Environmental 
                        Protection Agency hot line.
                A public water system may include such additional 
                information as it deems appropriate for public 
                education. The Administrator may, for not more than 3 
                regulated contaminants other than those referred to in 
                subclause (IV) of clause (iii), require a consumer 
                confidence report under this paragraph to include the 
                brief statement in plain language regarding the health 
                concerns that resulted in regulation of the contaminant 
                or contaminants concerned, as provided by the 
                Administrator in regulations under subparagraph (A).
                    ``(C) Coverage.--The Governor of a State may 
                determine not to apply the mailing requirement of 
                subparagraph (A) to a community water system serving 
                fewer than 10,000 persons. Any such system shall--
                            ``(i) inform its customers that the system 
                        will not be complying with subparagraph (A),
                            ``(ii) make information available upon 
                        request to the public regarding the quality of 
                        the water supplied by such system, and
                            ``(iii) publish the report referred to in 
                        subparagraph (A) annually in one or more local 
                        newspapers serving the area in which customers 
                        of the system are located.
                    ``(D) Alternative form and content.--A State 
                exercising primary enforcement responsibility may 
                establish, by rule, after notice and public comment, 
                alternative requirements with respect to the form and 
                content of consumer confidence reports under this 
                paragraph.''.

SEC. 132. ENFORCEMENT.

    (a) In General.--Section 1414 (42 U.S.C. 300g-3) is amended as 
follows:
            (1) In subsection (a):
                    (A) In paragraph (1)(A)(i), by striking ``any 
                national primary drinking water regulation in effect 
                under section 1412'' and inserting ``any applicable 
                requirement'', and by striking ``with such regulation 
                or requirement'' in the matter following clause (ii) 
                and inserting ``with the requirement''.
                    (B) In paragraph (1)(B), by striking ``regulation 
                or'' and inserting ``applicable''.
                    (C) By amending paragraph (2) to read as follows:
            ``(2) Enforcement in nonprimacy states.--
                    ``(A) In general.--If, on the basis of information 
                available to the Administrator, the Administrator 
                finds, with respect to a period in which a State does 
                not have primary enforcement responsibility for public 
                water systems, that a public water system in the 
                State--
                            ``(i) for which a variance under section 
                        1415 or an exemption under section 1416 is not 
                        in effect, does not comply with any applicable 
                        requirement; or
                            ``(ii) for which a variance under section 
                        1415 or an exemption under section 1416 is in 
                        effect, does not comply with any schedule or 
                        other requirement imposed pursuant to the 
                        variance or exemption;
                the Administrator shall issue an order under subsection 
                (g) requiring the public water system to comply with 
                the requirement, or commence a civil action under 
                subsection (b).
                    ``(B) Notice.--If the Administrator takes any 
                action pursuant to this paragraph, the Administrator 
                shall notify an appropriate local elected official, if 
                any, with jurisdiction over the public water system of 
                the action prior to the time that the action is 
                taken.''.
            (2) In subsection (b), in the first sentence, by striking 
        ``a national primary drinking water regulation'' and inserting 
        ``any applicable requirement''.
            (3) In subsection (g):
                    (A) In paragraph (1), by striking ``regulation, 
                schedule, or other'' each place it appears and 
                inserting ``applicable''.
                    (B) In paragraph (2), by striking ``effect until 
                after notice and opportunity for public hearing and,'' 
                and inserting ``effect,'', and by striking ``proposed 
                order'' and inserting ``order'', in the first sentence 
                and in the second sentence, by striking ``proposed to 
                be''.
                    (C) In paragraph (3), by striking subparagraph (B) 
                and inserting the following:
    ``(B) In a case in which a civil penalty sought by the 
Administrator under this paragraph does not exceed $5,000, the penalty 
shall be assessed by the Administrator after notice and opportunity for 
a public hearing (unless the person against whom the penalty is 
assessed requests a hearing on the record in accordance with section 
554 of title 5, United States Code). In a case in which a civil penalty 
sought by the Administrator under this paragraph exceeds $5,000, but 
does not exceed $25,000, the penalty shall be assessed by the 
Administrator after notice and opportunity for a hearing on the record 
in accordance with section 554 of title 5, United States Code.''.
                    (D) In paragraph (3)(C), by striking ``paragraph 
                exceeds $5,000'' and inserting ``subsection for a 
                violation of an applicable requirement exceeds 
                $25,000''.
            (4) By adding at the end the following subsections:
    ``(h) Relief.--
            ``(1) In general.--An owner or operator of a public water 
        system may submit to the State in which the system is located 
        (if the State has primary enforcement responsibility under 
        section 1413) or to the Administrator (if the State does not 
        have primary enforcement responsibility) a plan (including 
        specific measures and schedules) for--
                    ``(A) the physical consolidation of the system with 
                1 or more other systems;
                    ``(B) the consolidation of significant management 
                and administrative functions of the system with 1 or 
                more other systems; or
                    ``(C) the transfer of ownership of the system that 
                may reasonably be expected to improve drinking water 
                quality.
            ``(2) Consequences of approval.--If the State or the 
        Administrator approves a plan pursuant to paragraph (1), no 
        enforcement action shall be taken pursuant to this part with 
        respect to a specific violation identified in the approved plan 
        prior to the date that is the earlier of the date on which 
        consolidation is completed according to the plan or the date 
        that is 2 years after the plan is approved.
    ``(i) Definition of Applicable Requirement.--In this section, the 
term `applicable requirement' means--
            ``(1) a requirement of section 1412, 1414, 1415, 1416, 
        1417, 1441, or 1445;
            ``(2) a regulation promulgated pursuant to a section 
        referred to in paragraph (1);
            ``(3) a schedule or requirement imposed pursuant to a 
        section referred to in paragraph (1); and
            ``(4) a requirement of, or permit issued under, an 
        applicable State program for which the Administrator has made a 
        determination that the requirements of section 1413 have been 
        satisfied, or an applicable State program approved pursuant to 
        this part.''.
    (b) State Authority for Administrative Penalties.--Section 1413(a) 
(42 U.S.C. 300g-2(a)) is amended as follows:
            (1) In paragraph (4), by striking ``and'' at the end 
        thereof.
            (2) In paragraph (5), by striking the period at the end and 
        inserting ``; and''.
            (3) By adding at the end the following:
            ``(6) has adopted authority for administrative penalties 
        (unless the constitution of the State prohibits the adoption of 
        the authority) in a maximum amount--
                    ``(A) in the case of a system serving a population 
                of more than 10,000, that is not less than $1,000 per 
                day per violation; and
                    ``(B) in the case of any other system, that is 
                adequate to ensure compliance (as determined by the 
                State);
        except that a State may establish a maximum limitation on the 
        total amount of administrative penalties that may be imposed on 
        a public water system per violation.''.

SEC. 133. JUDICIAL REVIEW

    Section 1448(a) (42 U.S.C. 300j-7(a)) is amended as follows:
            (1) In paragraph (2), in the first sentence, by inserting 
        ``final'' after ``any other''.
            (2) In the matter after and below paragraph (2):
                    (A) By striking ``or issuance of the order'' and 
                inserting ``or any other final Agency action''.
                    (B) By adding at the end the following: ``In any 
                petition concerning the assessment of a civil penalty 
                pursuant to section 1414(g)(3)(B), the petitioner shall 
                simultaneously send a copy of the complaint by 
                certified mail to the Administrator and the Attorney 
                General. The court shall set aside and remand the 
                penalty order if the court finds that there is not 
                substantial evidence in the record to support the 
                finding of a violation or that the assessment of the 
                penalty by the Administrator constitutes an abuse of 
                discretion.''.

                  Subtitle D--Exemptions and Variances

SEC. 141. EXEMPTIONS.

    (a) Systems Serving Fewer Than 3,300 Persons.--Section 1416 is 
amended by adding the following at the end thereof:
    ``(h) Small Systems.--(1) For public water systems serving fewer 
than 3,300 persons, the maximum exemption period shall be 4 years if 
the State is exercising primary enforcement responsibility for public 
water systems and determines that--
            ``(A) the public water system cannot meet the maximum 
        contaminant level or install Best Available Affordable 
        Technology (`BAAT') due in either case to compelling economic 
        circumstances (taking into consideration the availability of 
        financial assistance under section 1452, relating to State 
        Revolving Funds) or other compelling circumstances;
            ``(B) the public water system could not comply with the 
        maximum contaminant level through the use of alternate water 
        supplies;
            ``(C) the granting of the exemption will provide a drinking 
        water supply that protects public health given the duration of 
        exemption; and
            ``(D) the State has met the requirements of paragraph (2).
    ``(2)(A) Before issuing an exemption under this section or an 
extension thereof for a small public water system described in 
paragraph (1), the State shall--
            ``(i) examine the public water system's technical, 
        financial, and managerial capability (taking into consideration 
        any available financial assistance) to operate in and maintain 
        compliance with this title, and
            ``(ii) determine if management or restructuring changes (or 
        both) can reasonably be made that will result in compliance 
        with this title or, if compliance cannot be achieved, improve 
        the quality of the drinking water.
    ``(B) Management changes referred to in subparagraph (A) may 
include rate increases, accounting changes, the hiring of consultants, 
the appointment of a technician with expertise in operating such 
systems, contractual arrangements for a more efficient and capable 
system for joint operation, or other reasonable strategies to improve 
capacity.
    ``(C) Restructuring changes referred to in subparagraph (A) may 
include ownership change, physical consolidation with another system, 
or other measures to otherwise improve customer base and gain economies 
of scale.
    ``(D) If the State determines that management or restructuring 
changes referred to in subparagraph (A) can reasonably be made, it 
shall require such changes and a schedule therefore as a condition of 
the exemption. If the State determines to the contrary, the State may 
still grant the exemption. The decision of the State under this 
subparagraph shall not be subject to review by the Administrator, 
except as provided in subsection (d).
    ``(3) Paragraphs (1) and (3) of subsection (a) shall not apply to 
an exemption issued under this subsection. Subparagraph (B) of 
subsection (b)(2) shall not apply to an exemption issued under this 
subsection, but any exemption granted to such a system may be renewed 
for additional 4-year periods upon application of the public water 
system and after a determination that the criteria of paragraphs (1) 
and (2) of this subsection continue to be met.
    ``(4) No exemption may be issued under this section for 
microbiological contaminants.''.
    (b) Limited Additional Compliance Period.--At the end of section 
1416(h) insert:
    ``(5)(A) Notwithstanding this subsection, the State of New York, on 
a case-by-case basis and after notice and an opportunity of at least 60 
days for public comment, may allow an additional period for compliance 
with the Surface Water Treatment Rule established pursuant to section 
1412(b)(7)(C) in the case of unfiltered systems in Essex, Columbia, 
Greene, Dutchess, Rennsselaer, Schoharie, Saratoga, Washington, and 
Warren Counties serving a population of less than 5,000, which meet 
appropriate disinfection requirements and have adequate watershed 
protections, so long as the State determines that the public health 
will be protected during the duration of the additional compliance 
period and the system agrees to implement appropriate control measures 
as determined by the State.
    ``(B) The additional compliance period referred to in subparagraph 
(A) shall expire on the earlier of the date 3 years after the date on 
which the Administrator identifies appropriate control technology for 
the Surface Water Treatment Rule for public water systems in the 
category that includes such system pursuant to section 1412(b)(4)(E) or 
5 years after the enactment of the Safe Drinking Water Act Amendments 
of 1996.''.
    (c) Technical and Conforming Amendments.--(1) Section 1416(b)(1) is 
amended by striking ``prescribed by a State pursuant to this 
subsection'' and inserting ``prescribed by a State pursuant to this 
subsection or subsection (h)''.
    (2) Section 1416(c) is amended by striking ``under subsection (a)'' 
and inserting ``under this section'' and by inserting after ``(a)(3)'' 
in the second sentence ``or the determination under subsection 
(h)(1)(C)''.
    (3) Section 1416(d)(1) is amended by striking ``3-year'' and 
inserting ``4-year'' and by amending the first sentence to read as 
follows: ``Not later than 4 years after the date of enactment of the 
Safe Drinking Water Act Amendments of 1996, the Administrator shall 
complete a comprehensive review of the exemptions granted (and 
schedules prescribed pursuant thereto) by the States during the 4-year 
period beginning on such date.''.
    (4) Section 1416(b)(2)(C) is repealed.
    (d) Systems Serving More Than 3,300 Persons.--Section 
1416(b)(2)(A)(ii) is amended by striking ``12 months'' and inserting 
``4 years'' and section 1416(b)(2)(B) is amended by striking ``3 years 
after the date of the issuance of the exemption'' and inserting ``4 
years after the expiration of the initial exemption''.

SEC. 142. VARIANCES.

    (a) BAAT Variance.--Section 1415 (42 U.S.C. 300g-4) is amended by 
adding the following at the end thereof:
    ``(e) Small System Assistance Program.--
            ``(1) BAAT variances.--In the case of public water systems 
        serving 3,300 persons or fewer, a variance under this section 
        shall be granted by a State which has primary enforcement 
        responsibility for public water systems allowing the use of 
        Best Available Affordable Technology in lieu of best technology 
        or other means where--
                    ``(A) no best technology or other means is listed 
                under section 1412(b)(4)(E) for the applicable category 
                of public water systems;
                    ``(B) the Administrator has identified BAAT for 
                that contaminant pursuant to paragraph (3); and
                    ``(C) the State finds that the conditions in 
                paragraph (4) are met.
            ``(2) Definition of baat.--The term `Best Available 
        Affordable Technology' or `BAAT' means the most effective 
        technology or other means for the control of a drinking water 
        contaminant or contaminants that is available and affordable to 
        systems serving fewer than 3,300 persons.
            ``(3) Identification of baat.--(A) As part of each national 
        primary drinking water regulation proposed and promulgated 
        after the enactment of the Safe Drinking Water Act Amendments 
        of 1996, the Administrator shall identify BAAT in any case 
        where no `best technology or other means' is listed for a 
        category of public water systems listed under section 
        1412(b)(4)(E). No such identified BAAT shall require a 
        technology from a specific manufacturer or brand. BAAT need not 
        be adequate to achieve the applicable maximum contaminant level 
        or treatment technique, but shall bring the public water system 
        as close to achievement of such maximum contaminant level as 
        practical or as close to the level of health protection 
        provided by such treatment technique as practical, as the case 
        may be. Any technology or other means identified as BAAT must 
        be determined by the Administrator to be protective of public 
        health. Simultaneously with identification of BAAT, the 
        Administrator shall list any assumptions underlying the public 
        health determination referred to in the preceding sentence, 
        where such assumptions concern the public water system to which 
        the technology may be applied, or its source waters. The 
        Administrator shall provide the assumptions used in determining 
        affordability, taking into consideration the number of persons 
        served by such systems. Such listing shall provide as much 
        reliable information as practicable on performance, 
        effectiveness, limitations, costs, and other relevant factors 
        in support of such listing, including the applicability of BAAT 
        to surface and underground waters or both.
            ``(B) To the greatest extent possible, within 36 months 
        after the date of the enactment of the Safe Drinking Water Act 
        Amendments of 1996, the Administrator shall identify BAAT for 
        all national primary drinking water regulations promulgated 
        prior to such date of enactment where no best technology or 
        other means is listed for a category of public water systems 
        under section 1412(b)(4)(E), and where compliance by such small 
        systems is not practical. In identifying BAAT for such national 
        primary drinking water regulations, the Administrator shall 
        give priority to evaluation of atrazine, asbestos, selenium, 
        pentachlorophenol, antimony, and nickel.
            ``(4) Conditions for baat variance.--To grant a variance 
        under this subsection, the State must determine that--
                    ``(A) the public water system cannot install `best 
                technology or other means' because of the system's 
                small size;
                    ``(B) the public water system could not comply with 
                the maximum contaminant level through use of alternate 
                water supplies or through management changes or 
                restructuring;
                    ``(C) the public water system has the capacity to 
                operate and maintain BAAT; and
                    ``(D) the circumstances of the public water system 
                are consistent with the public health assumptions 
                identified by the Administrator under paragraph (3).
            ``(5) Schedules.--Any variance granted by a State under 
        this subsection shall establish a schedule for the installation 
        and operation of BAAT within a period not to exceed 2 years 
        after the issuance of the variance, except that the State may 
        grant an extension of 1 additional year upon application by the 
        system. The application shall include a showing of financial or 
        technical need. Variances under this subsection shall be for a 
        term not to exceed 5 years (including the period allowed for 
        installation and operation of BAAT), but may be renewed for 
        such additional 5-year periods by the State upon a finding that 
        the criteria in paragraph (1) continue to be met.
            ``(6) Review.--Any review by the Administrator under 
        paragraphs (4) and (5) shall be pursuant to subsection 
        (a)(1)(G)(i).
            ``(7) Ineligibility for variances.--A variance shall not be 
        available under this subsection for--
                    ``(A) any maximum contaminant level or treatment 
                technique for a contaminant with respect to which a 
                national primary drinking water regulation was 
                promulgated prior to January 1, 1986; or
                    ``(B) a national primary drinking water regulation 
                for a microbial contaminant (including a bacterium, 
                virus, or other organism) or an indicator or treatment 
                technique for a microbial contaminant.''.
    (b) Technical and Conforming Changes.--
    Section 1415 (42 U.S.C. 300g-4) is amended as follows:
            (1) By striking ``best technology, treatment techniques, or 
        other means'' and ``best available technology, treatment 
        techniques or other means'' each place such terms appear and 
        inserting in lieu thereof ``best technology or other means''.
            (2) By striking the third sentence and by striking ``Before 
        a schedule prescribed by a State pursuant to this subparagraph 
        may take effect'' and all that follows down to the beginning of 
        the last sentence in subsection (a)(1)(A).
            (3) By amending the first sentence of subsection (a)(1)(C) 
        to read as follows: ``Before a variance is issued and a 
        schedule is prescribed pursuant to this subsection or 
        subsection (e) by a State, the State shall provide notice and 
        an opportunity for a public hearing on the proposed variance 
        and schedule.''.
            (4) By inserting ``under this section'' before the period 
        at the end of the third sentence of subsection (a)(1)(C).
            (5) By striking ``under subparagraph (A)'' and inserting 
        ``under this section'' in subsection (a)(1)(D).
            (6) By striking ``that subparagraph'' in each place it 
        appears and insert in each such place ``this section'' in 
        subsection (a)(1)(D).
            (7) By striking the last sentence of subsection (a)(1)(D).
            (8) By striking ``3-year'' and inserting ``5-year'' in 
        subsection (a)(1)(F) and by amending the first sentence of such 
        subsection (a)(1)(F) to read as follows: ``Not later than 5 
        years after the enactment of the Safe Drinking Water Act 
        Amendments of 1996, the Administrator shall complete a review 
        of the variances granted under this section (and the schedules 
        prescribed in connection with such variances).''.
            (9) By striking ``subparagraph (A) or (B)'' and inserting 
        ``this section'' in subsection (a)(1)(G)(i).
            (10) By striking ``paragraph (1)(B) or (2) of subsection 
        (a)'' and inserting ``this section'' in subsection (b).
            (11) By striking ``subsection (a)'' and inserting ``this 
        section'' in subsection (c).
            (12) By repealing subsection (d).

                  Subtitle E--Lead Plumbing and Pipes

SEC. 151. LEAD PLUMBING AND PIPES.

    Section 1417 (42 U.S.C. 300g-6) is amended as follows:
            (1) In subsection (a)--
                    (A) by striking paragraph (1) and inserting the 
                following:
            ``(1) Prohibitions.--
                    ``(A) In general.--No person may use any pipe, any 
                pipe or plumbing fitting or fixture, any solder, or any 
                flux, after June 19, 1986, in the installation or 
                repair of--
                            ``(i) any public water system; or
                            ``(ii) any plumbing in a residential or 
                        nonresidential facility providing water for 
                        human consumption,
                that is not lead free (within the meaning of subsection 
                (d)).
                    ``(B) Leaded joints.--Subparagraph (A) shall not 
                apply to leaded joints necessary for the repair of cast 
                iron pipes.''.
            (2) In subsection (a)(2)(A), by inserting ``owner or 
        operator of a'' after ``Each''.
            (3) By adding at the end of subsection (a) the following:
            ``(3) Unlawful acts.--Effective 2 years after the date of 
        enactment of this paragraph, it shall be unlawful--
                    ``(A) for any person to introduce into commerce any 
                pipe, or any pipe or plumbing fitting or fixture, that 
                is not lead free, except for a pipe that is used in 
                manufacturing or industrial processing;
                    ``(B) for any person engaged in the business of 
                selling plumbing supplies, except manufacturers, to 
                sell solder or flux that is not lead free; or
                    ``(C) for any person to introduce into commerce any 
                solder or flux that is not lead free unless the solder 
                or flux bears a prominent label stating that it is 
                illegal to use the solder or flux in the installation 
                or repair of any plumbing providing water for human 
                consumption.''.
            (4) In subsection (d)--
                    (A) by striking ``lead, and'' in paragraph (1) and 
                inserting ``lead;'';
                    (B) by striking ``lead.'' in paragraph (2) and 
                inserting ``lead; and''; and
                    (C) by adding at the end the following:
            ``(3) when used with respect to plumbing fittings and 
        fixtures, refers to plumbing fittings and fixtures in 
        compliance with standards established in accordance with 
        subsection (e).''.
            (5) By adding at the end the following:
    ``(e) Plumbing Fittings and Fixtures.--
            ``(1) In general.--The Administrator shall provide accurate 
        and timely technical information and assistance to qualified 
        third-party certifiers in the development of voluntary 
        standards and testing protocols for the leaching of lead from 
        new plumbing fittings and fixtures that are intended by the 
        manufacturer to dispense water for human ingestion.
            ``(2) Standards.--
                    ``(A) In general.--If a voluntary standard for the 
                leaching of lead is not established by the date that is 
                1 year after the date of enactment of this subsection, 
                the Administrator shall, not later than 2 years after 
                the date of enactment of this subsection, promulgate 
                regulations setting a health-effects-based performance 
                standard establishing maximum leaching levels from new 
                plumbing fittings and fixtures that are intended by the 
                manufacturer to dispense water for human ingestion. The 
                standard shall become effective on the date that is 5 
                years after the date of promulgation of the standard.
                    ``(B) Alternative requirement.--If regulations are 
                required to be promulgated under subparagraph (A) and 
                have not been promulgated by the date that is 5 years 
                after the date of enactment of this subsection, no 
                person may import, manufacture, process, or distribute 
                in commerce a new plumbing fitting or fixture, intended 
                by the manufacturer to dispense water for human 
                ingestion, that contains more than 4 percent lead by 
                dry weight.''.

                    Subtitle F--Capacity Development

SEC. 161. CAPACITY DEVELOPMENT.

    Part B (42 U.S.C. 300g et seq.) is amended by adding at the end the 
following:

``SEC. 1419. CAPACITY DEVELOPMENT.

    ``(a) State Authority for New Systems.--Each State shall obtain the 
legal authority or other means to ensure that all new community water 
systems and new nontransient, noncommunity water systems commencing 
operation after October 1, 1999, demonstrate technical, managerial, and 
financial capacity with respect to each national primary drinking water 
regulation in effect, or likely to be in effect, on the date of 
commencement of operations.
    ``(b) Systems in Significant Noncompliance.--
            ``(1) List.--Beginning not later than 1 year after the date 
        of enactment of this section, each State shall prepare, 
        periodically update, and submit to the Administrator a list of 
        community water systems and nontransient, noncommunity water 
        systems that have a history of significant noncompliance with 
        this title (as defined in guidelines issued prior to the date 
        of enactment of this section or any revisions of the guidelines 
        that have been made in consultation with the States) and, to 
        the extent practicable, the reasons for noncompliance.
            ``(2) Report.--Not later than 5 years after the date of 
        enactment of this section and as part of the capacity 
        development strategy of the State, each State shall report to 
        the Administrator on the success of enforcement mechanisms and 
        initial capacity development efforts in assisting the public 
        water systems listed under paragraph (1) to improve technical, 
        managerial, and financial capacity.
    ``(c) Capacity Development Strategy.--
            ``(1) In general.--Not later than 4 years after the date of 
        enactment of this section, each State shall develop and 
        implement a strategy to assist public water systems in 
        acquiring and maintaining technical, managerial, and financial 
        capacity.
            ``(2) Content.--In preparing the capacity development 
        strategy, the State shall consider, solicit public comment on, 
        and include as appropriate--
                    ``(A) the methods or criteria that the State will 
                use to identify and prioritize the public water systems 
                most in need of improving technical, managerial, and 
                financial capacity;
                    ``(B) a description of the institutional, 
                regulatory, financial, tax, or legal factors at the 
                Federal, State, or local level that encourage or impair 
                capacity development;
                    ``(C) a description of how the State will use the 
                authorities and resources of this title or other means 
                to--
                            ``(i) assist public water systems in 
                        complying with national primary drinking water 
                        regulations;
                            ``(ii) encourage the development of 
                        partnerships between public water systems to 
                        enhance the technical, managerial, and 
                        financial capacity of the systems; and
                            ``(iii) assist public water systems in the 
                        training and certification of operators;
                    ``(D) a description of how the State will establish 
                a baseline and measure improvements in capacity with 
                respect to national primary drinking water regulations 
                and State drinking water law; and
                    ``(E) an identification of the persons that have an 
                interest in and are involved in the development and 
                implementation of the capacity development strategy 
                (including all appropriate agencies of Federal, State, 
                and local governments, private and nonprofit public 
                water systems, and public water system customers).
            ``(3) Report.--Not later than 2 years after the date on 
        which a State first adopts a capacity development strategy 
        under this subsection, and every 3 years thereafter, the head 
        of the State agency that has primary responsibility to carry 
        out this title in the State shall submit to the Governor a 
        report that shall also be available to the public on the 
        efficacy of the strategy and progress made toward improving the 
        technical, managerial, and financial capacity of public water 
        systems in the State.
            ``(4) Review.--The decisions of the State under this 
        section regarding any particular public water system are not 
        subject to review by the Administrator and may not serve as the 
        basis for withholding funds under section 1452(a)(1)(H)(i).
    ``(d) Federal Assistance.--
            ``(1) In general.--The Administrator shall support the 
        States in developing capacity development strategies.
            ``(2) Informational assistance.--
                    ``(A) In general.--Not later than 180 days after 
                the date of enactment of this section, the 
                Administrator shall--
                            ``(i) conduct a review of State capacity 
                        development efforts in existence on the date of 
                        enactment of this section and publish 
                        information to assist States and public water 
                        systems in capacity development efforts; and
                            ``(ii) initiate a partnership with States, 
                        public water systems, and the public to develop 
                        information for States on recommended operator 
                        certification requirements.
                    ``(B) Publication of information.--The 
                Administrator shall publish the information developed 
                through the partnership under subparagraph (A)(ii) not 
                later than 18 months after the date of enactment of 
                this section.
            ``(3) Promulgation of drinking water regulations.--In 
        promulgating a national primary drinking water regulation, the 
        Administrator shall include an analysis of the likely effect of 
        compliance with the regulation on the technical, financial, and 
        managerial capacity of public water systems.
            ``(4) Guidance for new systems.--Not later than 2 years 
        after the date of enactment of this section, the Administrator 
        shall publish guidance developed in consultation with the 
        States describing legal authorities and other means to ensure 
        that all new community water systems and new nontransient, 
        noncommunity water systems demonstrate technical, managerial, 
        and financial capacity with respect to national primary 
        drinking water regulations.''.

                     TITLE II--AMENDMENTS TO PART C

SEC. 201. SOURCE WATER QUALITY ASSESSMENT.

    (a) Guidelines and Programs.--Section 1428 is amended by adding 
``and source water'' after ``wellhead'' in the section heading and by 
adding at the end thereof the following:
    ``(l) Source Water Assessment.--
            ``(1) Guidance.--Within 12 months after enactment of the 
        Safe Drinking Water Act Amendments of 1996, after notice and 
        comment, the Administrator shall publish guidance for States 
        exercising primary enforcement responsibility for public water 
        systems to carry out directly or through delegation (for the 
        protection and benefit of public water systems and for the 
        support of monitoring flexibility) a source water assessment 
        program within the State's boundaries.
            ``(2) Program requirements.--A source water assessment 
        program under this subsection shall--
                    ``(A) delineate the boundaries of the assessment 
                areas in such State from which one or more public water 
                systems in the State receive supplies of drinking 
                water, using all reasonably available hydrogeologic 
                information on the sources of the supply of drinking 
                water in the State and the water flow, recharge, and 
                discharge and any other reliable information as the 
                State deems necessary to adequately determine such 
                areas; and
                    ``(B) identify for contaminants regulated under 
                this title for which monitoring is required under this 
                title (or any unregulated contaminants selected by the 
                State in its discretion which the State, for the 
                purposes of this subsection, has determined may present 
                a threat to public health), to the extent practical, 
                the origins within each delineated area of such 
                contaminants to determine the susceptibility of the 
                public water systems in the delineated area to such 
                contaminants.
            ``(3) Approval, implementation, and monitoring relief.--A 
        State source water assessment program under this subsection 
        shall be submitted to the Administrator within 18 months after 
        the Administrator's guidance is issued under this subsection 
        and shall be deemed approved 9 months after the date of such 
        submittal unless the Administrator disapproves the program as 
        provided in subsection (c). States shall begin implementation 
        of the program immediately after its approval. The 
        Administrator's approval of a State program under this 
        subsection shall include a timetable, established in 
        consultation with the State, allowing not more than 2 years for 
        completion after approval of the program. Public water systems 
        seeking monitoring relief in addition to the interim relief 
        provided under section 1418(a) shall be eligible for monitoring 
        relief, consistent with section 1418(b), upon completion of the 
        assessment in the delineated source water assessment area or 
        areas concerned.
            ``(4) Timetable.--The timetable referred to in paragraph 
        (3) shall take into consideration the availability to the State 
        of funds under section 1452 (relating to State Revolving Funds) 
        for assessments and other relevant factors. The Administrator 
        may extend any timetable included in a State program approved 
        under paragraph (3) to extend the period for completion by an 
        additional 18 months. Compliance with subsection (g) shall not 
        affect any State permanent monitoring flexibility program 
        approved under section 1418(b).
            ``(5) Demonstration project.--The Administrator shall, as 
        soon as practicable, conduct a demonstration project, in 
        consultation with other Federal agencies, to demonstrate the 
        most effective and protective means of assessing and protecting 
        source waters serving large metropolitan areas and located on 
        Federal lands.
            ``(6) Use of other programs.--To avoid duplication and to 
        encourage efficiency, the program under this section shall, to 
        the extent practicable, be coordinated with other existing 
        programs and mechanisms, and may make use of any of the 
        following:
                    ``(A) Vulnerability assessments, sanitary surveys, 
                and monitoring programs.
                    ``(B) Delineations or assessments of ground water 
                sources under a State wellhead protection program 
                developed pursuant to this section.
                    ``(C) Delineations or assessments of surface or 
                ground water sources under a State pesticide management 
                plan developed pursuant to the Pesticide and Ground 
                Water State Management Plan Regulation (subparts I and 
                J of part 152 of title 40, Code of Federal 
                Regulations), promulgated under section 3(d) of the 
                Federal Insecticide, Fungicide, and Rodenticide Act (7 
                U.S.C. 136a(d)).
                    ``(D) Delineations or assessments of surface water 
                sources under a State watershed initiative or to 
                satisfy the watershed criterion for determining if 
                filtration is required under the Surface Water 
                Treatment Rule (section 141.70 of title 40, Code of 
                Federal Regulations).
            ``(7) Public availability.--The State shall make the 
        results of the source water assessments conducted under this 
        subsection available to the public.''.
    (b) Approval and Disapproval of State Programs.--Section 1428 is 
amended as follows:
            (1) Amend the first sentence of subsection (c)(1) to read 
        as follows: ``If, in the judgment of the Administrator, a State 
        program or portion thereof under subsection (a) is not adequate 
        to protect public water systems as required by subsection (a) 
        or a State program under subsection (l) or section 1418(b) does 
        not meet the applicable requirements of subsection (l) or 
        section 1418(b), the Administrator shall disapprove such 
        program or portion thereof.''.
            (2) Add after the second sentence of subsection (c)(1) the 
        following: ``A State program developed pursuant to subsection 
        (l) or section 1418(b) shall be deemed to meet the applicable 
        requirements of subsection (l) or section 1418(b) unless the 
        Administrator determines within 9 months of the receipt of the 
        program that such program (or portion thereof) does not meet 
        such requirements.''.
            (3) In the third sentence of subsection (c)(1) and in 
        subsection (c)(2) strike ``is inadequate'' and insert ``is 
        disapproved''.
            (4) In subsection (b), add the following before the period 
        at the end of the first sentence: ``and source water assessment 
        programs under subsection (l)''.
            (5) In subsection (g)--
                    (A) insert after ``under this section'' the 
                following: ``and the State source water assessment 
                programs under subsection (l) for which the State uses 
                grants under section 1452 (relating to State Revolving 
                Funds)''; and
                    (B) strike ``Such'' in the last sentence and 
                inserting ``In the case of wellhead protection 
                programs, such''.

SEC. 202. FEDERAL FACILITIES.

    (a) In General.--Part C (42 U.S.C. 300h et seq.) is amended by 
adding at the end thereof the following new section:

``SEC. 1429. FEDERAL FACILITIES.

    ``(a) In General.--Each department, agency, and instrumentality of 
the executive, legislative, and judicial branches of the Federal 
Government--
            ``(1) owning or operating any facility in a wellhead 
        protection area,
            ``(2) engaged in any activity at such facility resulting, 
        or which may result, in the contamination of water supplies in 
        any such area, or
            ``(3) owning or operating any public water system,
shall be subject to, and comply with, all Federal, State, interstate, 
and local requirements, both substantive and procedural (including any 
requirement for permits or reporting or any provisions for injunctive 
relief and such sanctions as may be imposed by a court to enforce such 
relief), respecting the protection of such wellhead areas and 
respecting such public water systems in the same manner and to the same 
extent as any person is subject to such requirements, including the 
payment of reasonable service charges. The Federal, State, interstate, 
and local substantive and procedural requirements referred to in this 
subsection include, but are not limited to, all administrative orders 
and all civil and administrative penalties and fines, regardless of 
whether such penalties or fines are punitive or coercive in nature or 
are imposed for isolated, intermittent, or continuing violations. The 
United States hereby expressly waives any immunity otherwise applicable 
to the United States with respect to any such substantive or procedural 
requirement (including, but not limited to, any injunctive relief, 
administrative order or civil or administrative penalty or fine 
referred to in the preceding sentence, or reasonable service charge). 
The reasonable service charges referred to in this subsection include, 
but are not limited to, fees or charges assessed in connection with the 
processing and issuance of permits, renewal of permits, amendments to 
permits, review of plans, studies, and other documents, and inspection 
and monitoring of facilities, as well as any other nondiscriminatory 
charges that are assessed in connection with a Federal, State, 
interstate, or local regulatory program respecting the protection of 
wellhead areas or public water systems. Neither the United States, nor 
any agent, employee, or officer thereof, shall be immune or exempt from 
any process or sanction of any State or Federal Court with respect to 
the enforcement of any such injunctive relief. No agent, employee, or 
officer of the United States shall be personally liable for any civil 
penalty under any Federal, State, interstate, or local law concerning 
the protection of wellhead areas or public water systems with respect 
to any act or omission within the scope of the official duties of the 
agent, employee, or officer. An agent, employee, or officer of the 
United States shall be subject to any criminal sanction (including, but 
not limited to, any fine or imprisonment) under any Federal or State 
requirement adopted pursuant to this title, but no department, agency, 
or instrumentality of the executive, legislative, or judicial branch of 
the Federal Government shall be subject to any such sanction. The 
President may exempt any facility of any department, agency, or 
instrumentality in the executive branch from compliance with such a 
requirement if he determines it to be in the paramount interest of the 
United States to do so. No such exemption shall be granted due to lack 
of appropriation unless the President shall have specifically requested 
such appropriation as a part of the budgetary process and the Congress 
shall have failed to make available such requested appropriation. Any 
exemption shall be for a period not in excess of 1 year, but additional 
exemptions may be granted for periods not to exceed 1 year upon the 
President's making a new determination. The President shall report each 
January to the Congress all exemptions from the requirements of this 
section granted during the preceding calendar year, together with his 
reason for granting each such exemption.
    ``(b) Administrative Penalty Orders.--
            ``(1) In general.--If the Administrator finds that a 
        Federal agency has violated an applicable requirement under 
        this title, the Administrator may issue a penalty order 
        assessing a penalty against the Federal agency.
            ``(2) Penalties.--The Administrator may, after notice to 
        the agency, assess a civil penalty against the agency in an 
        amount not to exceed $25,000 per day per violation.
            ``(3) Procedure.--Before an administrative penalty order 
        issued under this subsection becomes final, the Administrator 
        shall provide the agency an opportunity to confer with the 
        Administrator and shall provide the agency notice and an 
        opportunity for a hearing on the record in accordance with 
        chapters 5 and 7 of title 5, United States Code.
            ``(4) Public review.--
                    ``(A) In general.--Any interested person may obtain 
                review of an administrative penalty order issued under 
                this subsection. The review may be obtained in the 
                United States District Court for the District of 
                Columbia or in the United States District Court for the 
                district in which the violation is alleged to have 
                occurred by the filing of a complaint with the court 
                within the 30-day period beginning on the date the 
                penalty order becomes final. The person filing the 
                complaint shall simultaneously send a copy of the 
                complaint by certified mail to the Administrator and 
                the Attorney General.
                    ``(B) Record.--The Administrator shall promptly 
                file in the court a certified copy of the record on 
                which the order was issued.
                    ``(C) Standard of review.--The court shall not set 
                aside or remand the order unless the court finds that 
                there is not substantial evidence in the record, taken 
                as a whole, to support the finding of a violation or 
                that the assessment of the penalty by the Administrator 
                constitutes an abuse of discretion.
                    ``(D) Prohibition on additional penalties.--The 
                court may not impose an additional civil penalty for a 
                violation that is subject to the order unless the court 
                finds that the assessment constitutes an abuse of 
                discretion by the Administrator.
    ``(c) Limitation on State Use of Funds Collected From Federal 
Government.--Unless a State law in effect on the date of the enactment 
of the Safe Drinking Water Act Amendments of 1996 or a State 
constitution requires the funds to be used in a different manner, all 
funds collected by a State from the Federal Government from penalties 
and fines imposed for violation of any substantive or procedural 
requirement referred to in subsection (a) shall be used by the State 
only for projects designed to improve or protect the environment or to 
defray the costs of environmental protection or enforcement.''.
    (b) Citizen Enforcement.--(1) The first sentence of section 1449(a) 
(42 U.S.C. 300j-8(a)) is amended--
            (A) in paragraph (1), by striking ``, or'' and inserting a 
        semicolon;
            (B) in paragraph (2), by striking the period at the end and 
        inserting ``; or''; and
            (C) by adding at the end the following:
            ``(3) for the collection of a penalty by the United States 
        Government (and associated costs and interest) against any 
        Federal agency that fails, by the date that is 18 months after 
        the effective date of a final order to pay a penalty assessed 
        by the Administrator under section 1429(b), to pay the 
        penalty.''.
    (2) Subsection (b) of section 1449 (42 U.S.C. 300j-8(b)) is 
amended, by striking the period at the end of paragraph (2) and 
inserting ``; or'' and by adding the following new paragraph after 
paragraph (2):
            ``(3) under subsection (a)(3) prior to 60 days after the 
        plaintiff has given notice of such action to the Attorney 
        General and to the Federal agency.''.
    (c) Conforming Amendments.--Section 1447 (42 U.S.C. 300j-6) is 
amended as follows:
            (1) In subsection (a):
                    (A) In the first sentence, by striking ``(1) having 
                jurisdiction over any federally owned or maintained 
                public water system or (2)''.
                    (B) In the first sentence, by striking out 
                ``respecting the provision of safe drinking water 
                and''.
                    (C) In the second sentence, by striking ``(A)'', 
                ``(B)'', and ``(C)'' and inserting ``(1)'', ``(2)'', 
                and ``(3)'', respectively.
            (2) In subsection (c), by striking ``the Safe Drinking 
        Water Amendments of 1977'' and inserting ``this title'' and by 
        striking ``this Act'' and inserting ``this title''.

    TITLE III--GENERAL PROVISIONS REGARDING SAFE DRINKING WATER ACT

SEC. 301. OPERATOR CERTIFICATION.

    Section 1442 is amended by adding the following after subsection 
(e):
    ``(f) Minimum Standards.--(1) Not later than 30 months after the 
date of enactment of the Safe Drinking Water Act Amendments of 1996 and 
after consultation with States exercising primary enforcement 
responsibility for public water systems, the Administrator shall 
promulgate regulations specifying minimum standards for certification 
(and recertification) of the operators of community and nontransient 
noncommunity public water systems. Such regulations shall take into 
account existing State programs, the complexity of the system and other 
factors aimed at providing an effective program at reasonable cost to 
States and public water systems, taking into account the size of the 
system.
    ``(2) Any State exercising primary enforcement responsibility for 
public water systems shall adopt and implement, within 2 years after 
the promulgation of regulations pursuant to paragraph (1), requirements 
for the certification of operators of community and nontransient 
noncommunity public water systems.
    ``(3) For any State exercising primary enforcement responsibility 
for public water systems which has an operator certification program in 
effect on the date of the enactment of the Safe Drinking Water Act 
Amendments of 1996, the regulations under paragraph (1) shall allow the 
State to enforce such program in lieu of the regulations under 
paragraph (1) if the State submits the program to the Administrator 
within 18 months after the promulgation of such regulations unless the 
Administrator determines (within 9 months after the State submits the 
program to the Administrator) that such program is not substantially 
equivalent to such regulations. In making this determination, such 
existing State programs shall be presumed to be substantially 
equivalent to the regulations, notwithstanding program differences, 
based on the size of systems or the quality of source water, providing 
State programs meet overall public health objectives of the 
regulations. If disapproved the program may be resubmitted within 6 
months after receipt of notice of disapproval.''.

SEC. 302. TECHNICAL ASSISTANCE.

    Section 1442(e) (42 U.S.C. 300j-1(e)), relating to technical 
assistance for small systems, is amended to read as follows:
    ``(e) Technical Assistance.--The Administrator may provide 
technical assistance to small public water systems to enable such 
systems to achieve and maintain compliance with applicable national 
primary drinking water regulations. Such assistance may include 
circuit-rider programs, training, and preliminary engineering 
evaluations. There is authorized to be appropriated to the 
Administrator to be used for such technical assistance $15,000,000 for 
fiscal years 1997 through 2003. No portion of any State revolving fund 
established under section 1452 (relating to State revolving funds) and 
no portion of any funds made available under this subsection may be 
used either directly or indirectly for lobbying expenses. Of the total 
amount appropriated under this subsection, 3 percent shall be used for 
technical assistance to public water systems owned or operated by 
Indian tribes.''.

SEC. 303. PUBLIC WATER SYSTEM SUPERVISION PROGRAM.

    Section 1443(a) (42 U.S.C. 300j-2(a)) is amended as follows:
            (1) Paragraph (7) is amended to read as follows:
            ``(7) Authorization.--For the purpose  of making grants 
        under paragraph (1), there are authorized to be appropriated 
        $100,000,000 for each of fiscal years 1997 through 2003.''.
            (2) By adding at the end the following:
            ``(8) Reservation of funds by the administrator.--If the 
        Administrator assumes the primary enforcement responsibility of 
        a State public water system supervision program, the 
        Administrator may reserve from funds made available pursuant to 
        this subsection, an amount equal to the amount that would 
        otherwise have been provided to the State pursuant to this 
        subsection. The Administrator shall use the funds reserved 
        pursuant to this paragraph to ensure the full and effective 
        administration of a public water system supervision program in 
        the State.
            ``(9) State loan funds.--For any fiscal year for which the 
        amount made available to the Administrator by appropriations to 
        carry out this subsection is less than the amount that the 
        Administrator determines is necessary to supplement funds made 
        available pursuant to paragraph (8) to ensure the full and 
        effective administration of a public water system supervision 
        program in a State, the Administrator may reserve from the 
        funds made available to the State under section 1452 (relating 
        to State revolving funds) an amount that is equal to the amount 
        of the shortfall. This paragraph shall not apply to any State 
        not exercising primary enforcement responsibility for public 
        water systems as of the date of enactment of the Safe Drinking 
        Water Amendments of 1996.''.

SEC. 304. MONITORING AND INFORMATION GATHERING.

    (a) Review of Existing Requirements.--Paragraph (1) of section 
1445(a) (42 U.S.C. 300j-4(a)(1)) is amended to read as follows:
    ``(1)(A) Every person who is subject to any requirement of this 
title or who is a grantee, shall establish and maintain such records, 
make such reports, conduct such monitoring, and provide such 
information as the Administrator may reasonably require by regulation 
to assist the Administrator in establishing regulations under this 
title, in determining whether such person has acted or is acting in 
compliance with this title, in administering any program of financial 
assistance under this title, in evaluating the health risks of 
unregulated contaminants, or in advising the public of such risks. In 
requiring a public water system to monitor under this subsection, the 
Administrator may take into consideration the system size and the 
contaminants likely to be found in the system's drinking water.
    ``(B) Every person who is subject to a national primary drinking 
water regulation under section 1412 shall provide such information as 
the Administrator may reasonably require, after consultation with the 
State in which such person is located if such State has primary 
enforcement responsibility for public water systems, on a case-by-case 
basis, to determine whether such person has acted or is acting in 
compliance with this title.
    ``(C) Every person who is subject to a national primary drinking 
water regulation under section 1412 shall provide such information as 
the Administrator may reasonably require to assist the Administrator in 
establishing regulations under section 1412 of this title, after 
consultation with States and suppliers of water. The Administrator may 
not require under this subparagraph the installation of treatment 
equipment or process changes, the testing of treatment technology, or 
the analysis or processing of monitoring samples, except where the 
Administrator provides the funding for such activities. Before 
exercising this authority, the Administrator shall first seek to obtain 
the information by voluntary submission.
    ``(D) The Administrator shall not later than 2 years after the date 
of enactment of this sentence, after consultation with public health 
experts, representatives of the general public, and officials of State 
and local governments, review the monitoring requirements for not fewer 
than 12 contaminants identified by the Administrator, and promulgate 
any necessary modifications.''.
    (b) Monitoring Relief.--Part B is amended by adding the following 
new section after section 1417:

``SEC. 1418. MONITORING OF CONTAMINANTS.

    ``(a) Interim Monitoring Relief Authority.--(1) A State exercising 
primary enforcement responsibility for public water systems may modify 
the monitoring requirements for any regulated or unregulated 
contaminants for which monitoring is required other than microbial 
contaminants (or indicators thereof), disinfectants and disinfection 
byproducts or corrosion byproducts for an interim period to provide 
that any public water system serving 10,000 persons or fewer shall not 
be required to conduct additional quarterly monitoring during an 
interim relief period for such contaminants if--
            ``(A) monitoring, conducted at the beginning of the period 
        for the contaminant concerned and certified to the State by the 
        public water system, fails to detect the presence of the 
        contaminant in the ground or surface water supplying the public 
        water system, and
            ``(B) the State, (considering the hydrogeology of the area 
        and other relevant factors), determines in writing that the 
        contaminant is unlikely to be detected by further monitoring 
        during such period.
    ``(2) The interim relief period referred to in paragraph (1) shall 
terminate when permanent monitoring relief is adopted and approved for 
such State, or at the end of 36 months after the enactment of the Safe 
Drinking Water Act Amendments of 1996, whichever comes first. In order 
to serve as a basis for interim relief, the monitoring conducted at the 
beginning of the period must occur at the time determined by the State 
to be the time of the public water system's greatest vulnerability to 
the contaminant concerned in the relevant ground or surface water, 
taking into account in the case of pesticides the time of application 
of the pesticide for the source water area and the travel time for the 
pesticide to reach such waters and taking into account, in the case of 
other contaminants, seasonality of precipitation and contaminant travel 
time.
    ``(b) Permanent Monitoring Relief Authority.--(1) Each State 
exercising primary enforcement responsibility for public water systems 
under this title and having an approved wellhead protection program and 
a source water assessment program may adopt, in accordance with 
guidance published by the Administrator, and submit to the 
Administrator as provided in section 1428(c), tailored alternative 
monitoring requirements for public water systems in such State (as an 
alternative to the monitoring requirements for chemical contaminants 
set forth in the applicable national primary drinking water 
regulations) where the State concludes that (based on data available at 
the time of adoption concerning susceptibility, use, occurrence, 
wellhead protection, or from the State's drinking water source water 
assessment program) such alternative monitoring would provide assurance 
that it complies with the Administrator's guidelines. The State program 
must be adequate to assure compliance with, and enforcement of, 
applicable national primary drinking water regulations. Alternative 
monitoring shall not apply to regulated microbiological contaminants 
(or indicators thereof), disinfectants and disinfection by-products, or 
corrosion by-products. The preceding sentence is not intended to limit 
other authority of the Administrator under other provisions of this 
title to grant monitoring flexibility.
    ``(2)(A) The Administrator shall issue, after notice and comment 
and at the same time as guidelines are issued for source water 
assessment under section 1428(l), guidelines for States to follow in 
proposing alternative monitoring requirements under paragraph (1) of 
this subsection for chemical contaminants. The Administrator shall 
publish such guidelines in the Federal Register. The guidelines shall 
assure that the public health will be protected from drinking water 
contamination. The guidelines shall require that a State alternative 
monitoring program apply on a contaminant-by-contaminant basis and 
that, to be eligible for such alternative monitoring program, a public 
water system must show the State that the contaminant is not present in 
the drinking water supply or, if present, it is reliably and 
consistently below the maximum contaminant level.
    ``(B) For purposes of subparagraph (A), the phrase `reliably and 
consistently below the maximum contaminant level' means that, although 
contaminants have been detected in a water supply, the State has 
sufficient knowledge of the contamination source and extent of 
contamination to predict that the maximum contaminant level will not be 
exceeded. In determining that a contaminant is reliably and 
consistently below the maximum contaminant level, States shall consider 
the quality and completeness of data, the length of time covered and 
the volatility or stability of monitoring results during that time, and 
the proximity of such results to the maximum contaminant level. Wide 
variations in the analytical results, or analytical results close to 
the maximum contaminant level, shall not be considered to be reliably 
and consistently below the maximum contaminant level.
    ``(3) The guidelines issued by the Administrator under paragraph 
(2) shall require that if, after the monitoring program is in effect 
and operating, a contaminant covered by the alternative monitoring 
program is detected at levels at or above the maximum contaminant level 
or is no longer reliably or consistently below the maximum contaminant 
level, the public water system must either--
            ``(A) demonstrate that the contamination source has been 
        removed or that other action has been taken to eliminate the 
        contamination problem, or
            ``(B) test for the detected contaminant pursuant to the 
        applicable national primary drinking water regulation.
    ``(c) Treatment as NPDWR.--All monitoring relief granted by a State 
to a public water system for a regulated contaminant under subsection 
(a) or (b) shall be treated as part of the national primary drinking 
water regulation for that contaminant.
    ``(d) Other Monitoring Relief.--Nothing in this section shall be 
construed to affect the authority of the States under applicable 
national primary drinking water regulations to alter monitoring 
requirements through waivers or other existing authorities. The 
Administrator shall periodically review and, as appropriate, revise 
such authorities.''.
    (c) Unregulated Contaminants.--Section 1445(a) (42 U.S.C. 300j-
4(a)) is amended by striking paragraphs (2) through (8) and inserting 
the following:
            ``(2) Monitoring program for unregulated contaminants.--
                    ``(A) Establishment.--The Administrator shall 
                promulgate regulations establishing the criteria for a 
                monitoring program for unregulated contaminants. The 
                regulations shall require monitoring of drinking water 
                supplied by public water systems and shall vary the 
                frequency and schedule for monitoring requirements for 
                systems based on the number of persons served by the 
                system, the source of supply, and the contaminants 
                likely to be found.
                    ``(B) Monitoring program for certain unregulated 
                contaminants.--
                            ``(i) Initial list.--Not later than 3 years 
                        after the date of enactment of the Safe 
                        Drinking Water Amendments of 1996 and every 5 
                        years thereafter, the Administrator shall issue 
                        a list pursuant to subparagraph (A) of not more 
                        than 40 unregulated contaminants to be 
                        monitored by public water systems and to be 
                        included in the national drinking water 
                        occurrence data base maintained pursuant to 
                        subsection (g).
                            ``(ii) Governors' petition.--The 
                        Administrator shall include among the list of 
                        contaminants for which monitoring is required 
                        under this paragraph each contaminant 
                        recommended in a petition signed by the 
                        Governor of each of 7 or more States, unless 
                        the Administrator determines that the action 
                        would prevent the listing of other contaminants 
                        of a higher public health concern.
                    ``(C) Monitoring plan for small and medium 
                systems.--
                            ``(i) In general.--Based on the regulations 
                        promulgated by the Administrator, each State 
                        shall develop a representative monitoring plan 
                        to assess the occurrence of unregulated 
                        contaminants in public water systems that serve 
                        a population of 10,000 or fewer. The plan shall 
                        require monitoring for systems representative 
                        of different sizes, types, and geographic 
                        locations in the State.
                            ``(ii) Grants for small system costs.--From 
                        funds appropriated under subparagraph (H), the 
                        Administrator shall pay the reasonable cost of 
                        such testing and laboratory analysis as are 
                        necessary to carry out monitoring under the 
                        plan.
                    ``(D) Monitoring results.--Each public water system 
                that conducts monitoring of unregulated contaminants 
                pursuant to this paragraph shall provide the results of 
                the monitoring to the primary enforcement authority for 
                the system.
                    ``(E) Notification.--Notification of the 
                availability of the results of monitoring programs 
                required under paragraph (2)(A) shall be given to the 
                persons served by the system and the Administrator.
                    ``(F) Waiver of monitoring requirement.--The 
                Administrator shall waive the requirement for 
                monitoring for a contaminant under this paragraph in a 
                State, if the State demonstrates that the criteria for 
                listing the contaminant do not apply in that State.
                    ``(G) Analytical methods.--The State may use 
                screening methods approved by the Administrator under 
                subsection (i) in lieu of monitoring for particular 
                contaminants under this paragraph.
                    ``(H) Authorization of appropriations.--There are 
                authorized to be appropriated to carry out this 
                paragraph $10,000,000 for each of the fiscal years 1997 
                through 2003.''.
    (d) Screening Methods.--Section 1445 (42 U.S.C. 300j-4) is amended 
by adding the following after subsection (h):
    ``(i) Screening Methods.--The Administrator shall review new 
analytical methods to screen for regulated contaminants and may approve 
such methods as are more accurate or cost-effective than established 
reference methods for use in compliance monitoring.''.

SEC. 305. OCCURRENCE DATA BASE.

    Section 1445 is amended by adding the following new subsection 
after subsection (f):
    ``(g) National Drinking Water Occurrence Data Base.--
            ``(1) In general.--Not later than 3 years after the date of 
        enactment of the Safe Drinking Water Act Amendments of 1996, 
        the Administrator shall assemble and maintain a national 
        drinking water occurrence data base, using information on the 
        occurrence of both regulated and unregulated contaminants in 
        public water systems obtained under subsection (a)(1)(A) or 
        subsection (a)(2) and reliable information from other public 
        and private sources.
            ``(2) Public input.--In establishing the occurrence data 
        base, the Administrator shall solicit recommendations from the 
        Science Advisory Board, the States, and other interested 
        parties concerning the development and maintenance of a 
        national drinking water occurrence data base, including such 
        issues as the structure and design of the data base, data input 
        parameters and requirements, and the use and interpretation of 
        data.
            ``(3) Use.--The data shall be used by the Administrator in 
        making determinations under section 1412(b)(3) with respect to 
        the occurrence of a contaminant in drinking water at a level of 
        public health concern.
            ``(4) Public recommendations.--The Administrator shall 
        periodically solicit recommendations from the appropriate 
        officials of the National Academy of Sciences and the States, 
        and any person may submit recommendations to the Administrator, 
        with respect to contaminants that should be included in the 
        national drinking water occurrence data base, including 
        recommendations with respect to additional unregulated 
        contaminants that should be listed under subsection (a)(2). Any 
        recommendation submitted under this clause shall be accompanied 
        by reasonable documentation that--
                    ``(A) the contaminant occurs or is likely to occur 
                in drinking water; and
                    ``(B) the contaminant poses a risk to public 
                health.
            ``(5) Public availability.--The information from the data 
        base shall be available to the public in readily accessible 
        form.
            ``(6) Regulated contaminants.--With respect to each 
        contaminant for which a national primary drinking water 
        regulation has been established, the data base shall include 
        information on the detection of the contaminant at a 
        quantifiable level in public water systems (including detection 
        of the contaminant at levels not constituting a violation of 
        the maximum contaminant level for the contaminant).
            ``(7) Unregulated contaminants.--With respect to 
        contaminants for which a national primary drinking water 
        regulation has not been established, the data base shall 
        include--
                    ``(A) monitoring information collected by public 
                water systems that serve a population of more than 
                3,300, as required by the Administrator under 
                subsection (a);
                    ``(B) monitoring information collected by the 
                States from a representative sampling of public water 
                systems that serve a population of 3,300 or fewer; and
                    ``(C) other reliable and appropriate monitoring 
                information on the occurrence of the contaminants in 
                public water systems that is available to the 
                Administrator.''.

SEC. 306. CITIZENS SUITS.

    Section 1449 (42 U.S.C. 300j-8) is amended by inserting ``, or a 
State'' after ``prosecuting a civil action in a court of the United 
States'' in subsection (b)(1)(B).

SEC. 307. WHISTLE BLOWER.

    (a) Whistle Blower.--Section 1450(i) is amended as follows:
            (1) Amend paragraph (2)(A) by striking ``30 days'' and 
        inserting ``180 days'' and by inserting before the period at 
        the end ``and the Environmental Protection Agency''.
            (2) Amend paragraph (2)(B)(i) by inserting before the last 
        sentence the following: ``Upon conclusion of such hearing and 
        the issuance of a recommended decision that the complaint has 
        merit, the Secretary shall issue a preliminary order providing 
        the relief prescribed in clause (ii), but may not order 
        compensatory damages pending a final order.''.
            (3) Amend paragraph (2)(B)(ii) by inserting ``and'' before 
        ``(III)'' and by striking ``compensatory damages, and (IV) 
        where appropriate, exemplary damages'' and inserting ``and the 
        Secretary may order such person to provide compensatory damages 
        to the complainant''.
            (4) Redesignate paragraphs (3), (4), (5), and (6) as 
        paragraphs (4), (5), (6), and (7), respectively, and insert 
        after paragraph (2) the following:
    ``(3)(A) The Secretary shall dismiss a complaint filed under 
paragraph (1), and shall not conduct the investigation required under 
paragraph (2), unless the complainant has made a prima facie showing 
that any behavior described in subparagraphs (A) through (C) of 
paragraph (1) was a contributing factor in the unfavorable personnel 
action alleged in the complaint.
    ``(B) Notwithstanding a finding by the Secretary that the complaint 
has made the showing required by paragraph (1)(A), no investigation 
required under paragraph (2) shall be conducted if the employer 
demonstrates, by clear and convincing evidence, that it would have 
taken the same unfavorable personnel action in the absence of such 
behavior.
    ``(C) The Secretary may determine that a violation of paragraph (1) 
has occurred only if the complainant has demonstrated that any behavior 
described in subparagraphs (A) through (C) of paragraph (1) was a 
contributing factor in the unfavorable personnel action alleged in the 
complaint.
    ``(D) Relief may not be ordered under paragraph (2) if the employer 
demonstrates clear and convincing evidence that it would have taken the 
same unfavorable personnel action in the absence of such behavior.''.
            (5) Add at the end the following:
    ``(8) This subsection may not be construed to expand, diminish, or 
otherwise affect any right otherwise available to an employee under 
Federal or State law to reduce the employee's discharge or other 
discriminatory action taken by the employer against the employee. The 
provisions of this subsection shall be prominently posted in any place 
of employment to which this subsection applies.''.
    (b) Effective Date.--The amendments made by subsection (a) shall 
apply to claims filed under section 1450(i) of the Public Health 
Service Act on or after the date of the enactment of this Act.

SEC. 308. STATE REVOLVING FUNDS.

    Part E (42 U.S.C. 300j et seq.) is amended by adding the following 
new section after section 1451:

``SEC. 1452. STATE REVOLVING FUNDS.

    ``(a) General Authority.--
            ``(1) Grants to states to establish revolving funds.--(A) 
        The Administrator shall enter into agreements with eligible 
        States to make capitalization grants, including letters of 
        credit, to the States under this subsection solely to further 
        the health protection objectives of this title, promote the 
        efficient use of fund resources, and for such other purposes as 
        are specified in this title.
            ``(B) To be eligible to receive a capitalization grant 
        under this section, a State shall establish a drinking water 
        treatment revolving loan fund and comply with the other 
        requirements of this section.
            ``(C) Such a grant to a State shall be deposited in the 
        drinking water treatment revolving fund established by the 
        State, except as otherwise provided in this section and in 
        other provisions of this title. No funds authorized by other 
        provisions of this title to be used for other purposes 
        specified in this title shall be deposited in any State 
        revolving fund.
            ``(D) Such a grant to a State shall be available to the 
        State for obligation during the fiscal year for which the funds 
        are authorized and during the following fiscal year, except 
        that grants made available from funds provided in Public Law 
        103-327, Public Law 103-124, and Public Law 104-134 shall be 
        available for obligation during each of the fiscal years 1997 
        and 1998.
            ``(E) Except as otherwise provided in this section, funds 
        made available to carry out this part shall be allotted to 
        States that have entered into an agreement pursuant to this 
        section in accordance with--
                    ``(i) for each of fiscal years 1995 through 1997, a 
                formula that is the same as the formula used to 
                distribute public water system supervision grant funds 
                under section 1443 in fiscal year 1995, except that the 
                minimum proportionate share established in the formula 
                shall be 1 percent of available funds and the formula 
                shall be adjusted to include a minimum proportionate 
                share for the State of Wyoming; and
                    ``(ii) for fiscal year 1998 and each subsequent 
                fiscal year, a formula that allocates to each State the 
                proportional share of the State needs identified in the 
                most recent survey conducted pursuant to section 
                1452(h), except that the minimum proportionate share 
                provided to each State shall be the same as the minimum 
                proportionate share provided under clause (i).
            ``(F) Such grants not obligated by the last day of the 
        period for which the grants are available shall be reallotted 
        according to the appropriate criteria set forth in subparagraph 
        (E).
            ``(G) The State allotment for a State not exercising 
        primary enforcement responsibility for public water systems 
        shall not be deposited in any such fund but shall be allotted 
        by the Administrator as follows: 20 percent of such allotment 
        shall be available to the Administrator as needed to exercise 
        primary enforcement responsibility under this title in such 
        State and the remainder shall be reallotted to States 
        exercising primary enforcement responsibility for public water 
        systems for deposit in such funds. Whenever the Administrator 
        makes a final determination pursuant to section 1413(b) that 
        the requirements of section 1413(a) are no longer being met by 
        a State, additional grants for such State under this title 
        shall be immediately terminated by the Administrator. This 
        subparagraph shall not apply to any State not exercising 
        primary enforcement responsibility for public water systems as 
        of the date of enactment of the Safe Drinking Water Act 
        Amendments of 1996.
            ``(H)(i) Beginning in fiscal year 1999, the Administrator 
        shall withhold 20 percent of each capitalization grant made 
        pursuant to this section to a State if the State has not met 
        the requirements of section 1419 (relating to capacity 
        development).
            ``(ii) The Administrator shall withhold 20 percent of each 
        capitalization grant made pursuant to this section if the State 
        has not met the requirements of subsection (f) of section 1442 
        (relating to operator certification).
            ``(iii) All funds withheld by the Administrator pursuant to 
        clause (i) shall be reallotted by the Administrator on the 
        basis of the same ratio as is applicable to funds allotted 
        under subparagraph (E). None of the funds reallotted by the 
        Administrator pursuant to this paragraph shall be allotted to a 
        State unless the State has met the requirements of section 1419 
        (relating to capacity development).
            ``(iv) All funds withheld by the Administrator pursuant to 
        clause (ii) shall be reallotted by the Administrator on the 
        basis of the same ratio as applicable to funds allotted under 
        subparagraph (E). None of the funds reallotted by the 
        Administrator pursuant to this paragraph shall be allotted to a 
        State unless the State has met the requirements of subsection 
        (f) of section 1442 (relating to operator certification).
            ``(2) Use of funds.--Except as otherwise authorized by this 
        title, amounts deposited in such revolving funds, including 
        loan repayments and interest earned on such amounts, shall be 
        used only for providing loans, loan guarantees, or as a source 
        of reserve and security for leveraged loans, the proceeds of 
        which are deposited in a State revolving fund established under 
        paragraph (1), or other financial assistance authorized under 
        this section to community water systems and nonprofit 
        noncommunity water systems, other than systems owned by Federal 
        agencies. Such financial assistance may be used by a public 
        water system only for expenditures (not including monitoring, 
        operation, and maintenance expenditures) of a type or category 
        which the Administrator has determined, through guidance, will 
        facilitate compliance with national primary drinking water 
        regulations applicable to such system under section 1412 or 
        otherwise significantly further the health protection 
        objectives of this title. Such funds may also be used to 
        provide loans to a system referred to in section 1401(4)(B) for 
        the purpose of providing the treatment described in section 
        1401(4)(B)(i)(III). Such funds shall not be used for the 
        acquisition of real property or interests therein, unless such 
        acquisition is integral to a project authorized by this 
        paragraph and the purchase is from a willing seller. Of the 
        amount credited to any revolving fund established under this 
        section in any fiscal year, 15 percent shall be available 
        solely for providing loan assistance to public water systems 
        which regularly serve fewer than 10,000 persons.
            ``(3) Limitation.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B), no assistance under this part shall 
                be provided to a public water system that--
                            ``(i) does not have the technical, 
                        managerial, and financial capability to ensure 
                        compliance with the requirements of this title; 
                        or
                            ``(ii) is in significant noncompliance with 
                        any requirement of a national primary drinking 
                        water regulation or variance.
                    ``(B) Restructuring.--A public water system 
                described in subparagraph (A) may receive assistance 
                under this part if--
                            ``(i) the owner or operator of the system 
                        agrees to undertake feasible and appropriate 
                        changes in operations (including ownership, 
                        management, accounting, rates, maintenance, 
                        consolidation, alternative water supply, or 
                        other procedures) if the State determines that 
                        such measures are necessary to ensure that the 
                        system has the technical, managerial, and 
                        financial capability to comply with the 
                        requirements of this title over the long term; 
                        and
                            ``(ii) the use of the assistance will 
                        ensure compliance.
    ``(b) Intended Use Plans.--
            ``(1) In general.--After providing for public review and 
        comment, each State that has entered into a capitalization 
        agreement pursuant to this part shall annually prepare a plan 
        that identifies the intended uses of the amounts available to 
        the State loan fund of the State.
            ``(2) Contents.--An intended use plan shall include--
                    ``(A) a list of the projects to be assisted in the 
                first fiscal year that begins after the date of the 
                plan, including a description of the project, the 
                expected terms of financial assistance, and the size of 
                the community served;
                    ``(B) the criteria and methods established for the 
                distribution of funds; and
                    ``(C) a description of the financial status of the 
                State loan fund and the short-term and long-term goals 
                of the State loan fund.
            ``(3) Use of funds.--
                    ``(A) In general.--An intended use plan shall 
                provide, to the maximum extent practicable, that 
                priority for the use of funds be given to projects 
                that--
                            ``(i) address the most serious risk to 
                        human health;
                            ``(ii) are necessary to ensure compliance 
                        with the requirements of this title (including 
                        requirements for filtration); and
                            ``(iii) assist systems most in need on a 
                        per household basis according to State 
                        affordability criteria.
                    ``(B) List of projects.--Each State shall, after 
                notice and opportunity for public comment, publish and 
                periodically update a list of projects in the State 
                that are eligible for assistance under this part, 
                including the priority assigned to each project and, to 
                the extent known, the expected funding schedule for 
                each project.
    ``(c) Fund Management.--Each State revolving fund under this 
section shall be established, maintained, and credited with repayments 
and interest. The fund corpus shall be available in perpetuity for 
providing financial assistance under this section. To the extent 
amounts in each such fund are not required for current obligation or 
expenditure, such amounts shall be invested in interest bearing 
obligations.
    ``(d) Assistance for Disadvantaged Communities.--
            ``(1) Loan subsidy.--Notwithstanding any other provision of 
        this section, in any case in which the State makes a loan 
        pursuant to subsection (a)(2) to a disadvantaged community or 
        to a community that the State expects to become a disadvantaged 
        community as the result of a proposed project, the State may 
        provide additional subsidization (including forgiveness of 
        principal).
            ``(2) Total amount of subsidies.--For each fiscal year, the 
        total amount of loan subsidies made by a State pursuant to 
        paragraph (1) may not exceed 30 percent of the amount of the 
        capitalization grant received by the State for the year.
            ``(3) Definition of disadvantaged community.--In this 
        subsection, the term `disadvantaged community' means the 
        service area of a public water system that meets affordability 
        criteria established after public review and comment by the 
        State in which the public water system is located. The 
        Administrator may publish information to assist States in 
        establishing affordability criteria.
    ``(e) State Contribution.--Each agreement under subsection (a) 
shall require that the State deposit in the State revolving fund from 
State moneys an amount equal to at least 20 percent of the total amount 
of the grant to be made to the State on or before the date on which the 
grant payment is made to the State, except that a State shall not be 
required to deposit such amount into the fund prior to the date on 
which each grant payment is made for fiscal years 1994, 1995, 1996, and 
1997 if such State deposits the State contribution amount into the 
State fund prior to September 30, 1998.
    ``(f) Combined Financial Administration.--Notwithstanding 
subsection (c), a State may (as a convenience and to avoid unnecessary 
administrative costs) combine, in accordance with State law, the 
financial administration of a revolving fund established under this 
section with the financial administration of any other revolving fund 
established by the State if otherwise not prohibited by the law under 
which such revolving fund was established and if the Administrator 
determines that--
            ``(1) the grants under this section, together with loan 
        repayments and interest, will be separately accounted for and 
        used solely for the purposes specified in this section; and
            ``(2) the authority to establish assistance priorities and 
        carry out oversight and related activities (other than 
        financial administration) with respect to such assistance 
        remains with the State agency having primary responsibility for 
        administration of the State program under section 1413.
    ``(g) Administration.--(1) Each State may annually use up to 4 
percent of the funds allotted to the State under this section to cover 
the reasonable costs of administration of the programs under this 
section, including the recovery of reasonable costs expended to 
establish such a fund which are incurred after the date of enactment of 
this section, and to provide technical assistance to public water 
systems within the State. For fiscal year 1995 and each fiscal year 
thereafter, each State with primary enforcement responsibility for 
public water systems within that State may use up to an additional 10 
percent of the funds allotted to the State under this section--
            ``(A) for public water system supervision programs which 
        receive grants under section 1443(a);
            ``(B) to administer or provide technical assistance through 
        source water protection programs;
            ``(C) to develop and implement a capacity development 
        strategy under section 1419(c); and
            ``(D) for an operator certification program for purposes of 
        meeting the requirements of section 1442(f),
if the State matches such expenditures with at least an equal amount of 
State funds. At least half of such match must be additional to the 
amount expended by the State for public water supervision in fiscal 
year 1993. An additional 1 percent of the funds annually allotted to 
the State under this section shall be used by each State to provide 
technical assistance to public water systems in such State. Funds 
utilized under section 1452(g)(1)(B) shall not be used for enforcement 
actions or for purposes which do not facilitate compliance with 
national primary drinking water regulations or otherwise significantly 
further the health protection objectives of this title.
    ``(2) The Administrator shall publish such guidance and promulgate 
such regulations as may be necessary to carry out the provisions of 
this section, including--
            ``(A) provisions to ensure that each State commits and 
        expends funds allotted to the State under this section as 
        efficiently as possible in accordance with this title and 
        applicable State laws,
            ``(B) guidance to prevent waste, fraud, and abuse, and
            ``(C) guidance to avoid the use of funds made available 
        under this section to finance the expansion of any public water 
        system in anticipation of future population growth.
Such guidance and regulations shall also insure that the States, and 
public water systems receiving assistance under this section, use 
accounting, audit, and fiscal procedures that conform to generally 
accepted accounting standards.
    ``(3) Each State administering a revolving fund and assistance 
program under this subsection shall publish and submit to the 
Administrator a report every 2 years on its activities under this 
subsection, including the findings of the most recent audit of the fund 
and the entire State allotment. The Administrator shall periodically 
audit all revolving funds established by, and all other amounts 
allotted to, the States pursuant to this subsection in accordance with 
procedures established by the Comptroller General.
    ``(h) Needs Survey.--The Administrator shall conduct an assessment 
of water system capital improvements needs of all eligible public water 
systems in the United States and submit a report to the Congress 
containing the results of such assessment within 180 days after the 
date of the enactment of the Safe Drinking Water Act Amendments of 1996 
and every 4 years thereafter.
    ``(i) Indian Tribes.--1\1/2\ percent of the amounts appropriated 
annually to carry out this section may be used by the Administrator to 
make grants to Indian Tribes and Alaskan Native Villages which are not 
otherwise eligible to receive either grants from the Administrator 
under this section or assistance from State revolving funds established 
under this section. Such grants may only be used for expenditures by 
such tribes and villages for public water system expenditures referred 
to in subsection (a)(2).
    ``(j) Other Areas.--Of the funds annually available under this 
section for grants to States, the Administrator shall make allotments 
in accordance with section 1443(a)(4) for the District of Columbia, the 
Virgin Islands, the Commonwealth of the Northern Mariana Islands, 
American Samoa, Guam, and the Republic of Palau. The grants allotted as 
provided in this subsection may be provided by the Administrator to the 
governments of such areas, to public water systems in such areas, or to 
both, to be used for the public water system expenditures referred to 
in subsection (a)(2). Such grants shall not be deposited in revolving 
funds. The total allotment of grants under this section for all areas 
described in this paragraph in any fiscal year shall not exceed 1 
percent of the aggregate amount made available to carry out this 
section in that fiscal year.
    ``(k) Set-Asides.--
            ``(1) In general.--Notwithstanding subsection (a)(2), a 
        State may take each of the following actions:
                    ``(A) Provide assistance, only in the form of a 
                loan to one or both of the following:
                            ``(i) Any public water system described in 
                        subsection (a)(2) to acquire land or a 
                        conservation easement from a willing seller or 
                        grantor, if the purpose of the acquisition is 
                        to protect the source water of the system from 
                        contamination and to ensure compliance with 
                        national primary drinking water regulations.
                            ``(ii) Any community water system to 
                        implement local, voluntary source water 
                        protection measures to protect source water in 
                        areas delineated pursuant to section 1428(l), 
                        in order to facilitate compliance with national 
                        primary drinking water regulations applicable 
                        to such system under section 1412 or otherwise 
                        significantly further the health protection 
                        objectives of this title. Funds authorized 
                        under this clause may be used to fund only 
                        voluntary, incentive-based mechanisms.
                    ``(B) Provide assistance, including technical and 
                financial assistance, to any public water system as 
                part of a capacity development strategy developed and 
                implemented in accordance with section 1419(c).
                    ``(C) Make expenditures from the capitalization 
                grant of the State for fiscal years 1996 and 1997 to 
                delineate and assess source water protection areas in 
                accordance with section 1428(l), except that funds set 
                aside for such expenditure shall be obligated within 4 
                fiscal years.
                    ``(D) Make expenditures from the fund for the 
                establishment and implementation of wellhead protection 
                programs under section 1428.
            ``(2) Limitation.--For each fiscal year, the total amount 
        of assistance provided and expenditures made by a State under 
        this subsection may not exceed 15 percent of the amount of the 
        capitalization grant received by the State for that year and 
        may not exceed 10 percent of that amount for any one of the 
        following activities:
                    ``(A) To acquire land or conservation easements 
                pursuant to paragraph (1)(A)(i).
                    ``(B) To provide funding to implement voluntary, 
                incentive-based source water quality protection 
                measures pursuant to paragraph (1)(A)(ii).
                    ``(C) To provide assistance through a capacity 
                development strategy pursuant to paragraph (1)(B).
                    ``(D) To make expenditures to delineate or assess 
                source water protection areas pursuant to paragraph 
                (1)(C).
                    ``(E) To make expenditures to establish and 
                implement wellhead protection programs pursuant to 
                paragraph (1)(D).
            ``(3) Statutory construction.--Nothing in this section 
        creates or conveys any new authority to a State, political 
        subdivision of a State, or community water system for any new 
        regulatory measure, or limits any authority of a State, 
        political subdivision of a State or community water system.
    ``(l) Savings.--The failure or inability of any public water system 
to receive funds under this section or any other loan or grant program, 
or any delay in obtaining the funds, shall not alter the obligation of 
the system to comply in a timely manner with all applicable drinking 
water standards and requirements of this title.
    ``(m) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out the purposes of this section $599,000,000 for 
the fiscal year 1994 and $1,000,000,000 for each of the fiscal years 
1995 through 2003. Sums shall remain available until expended.
    ``(n) Health Effects Studies.--From funds appropriated pursuant to 
this section for each fiscal year, the Administrator shall reserve 
$10,000,000 for health effects studies on drinking water contaminants 
authorized by the Safe Drinking Water Act Amendments of 1996. In 
allocating funds made available under this subsection, the 
Administrator shall give priority to studies concerning the health 
effects of cryptosporidium, disinfection byproducts, and arsenic, and 
the implementation of a plan for studies of subpopulations at greater 
risk of adverse effects.
    ``(o) Demonstration Project for State of Virginia.--Notwithstanding 
the other provisions of this subsection limiting the use of funds 
deposited in a State revolving fund from any State allotment, the State 
of Virginia may, as a single demonstration and with the approval of the 
Virginia General Assembly and the Administrator, conduct a program to 
demonstrate alternative approaches to intergovernmental coordination to 
assist in the financing of new drinking water facilities in the 
following rural communities in southwestern Virginia where none exists 
on the date of the enactment of the Safe Drinking Water Act Amendments 
of 1996 and where such communities are experiencing economic hardship: 
Lee County, Wise County, Scott County, Dickenson County, Russell 
County, Buchanan County, Tazewell County, and the city of Norton, 
Virginia. The funds allotted to that State and deposited in the State 
revolving fund may be loaned to a regional endowment fund for the 
purpose set forth in this paragraph under a plan to be approved by the 
Administrator. The plan may include an advisory group that includes 
representatives of such counties.
    ``(p) Small System Technical Assistance.--The Administrator may 
reserve up to 2 percent of the total funds appropriated pursuant to 
subsection (m) for each of the fiscal years 1997 through 2003 to carry 
out the provisions of section 1442(e), relating to technical assistance 
for small systems.''.

SEC. 309. WATER CONSERVATION PLAN.

    Part E is amended by adding at the end the following:

``SEC. 1453. WATER CONSERVATION PLAN.

    ``(a) Guidelines.--Not later than 2 years after the date of the 
enactment of the Safe Drinking Water Act Amendments of 1996, the 
Administrator shall publish in the Federal Register guidelines for 
water conservation plans for public water systems serving fewer than 
3,300 persons, public water systems serving between 3,300 and 10,000 
persons, and public water systems serving more than 10,000 persons, 
taking into consideration such factors as water availability and 
climate.
    ``(b) SRF Loans or Grants.--Within 1 year after publication of the 
guidelines under subsection (a), a State exercising primary enforcement 
responsibility for public water systems may require a public water 
system, as a condition of receiving a loan or grant from a State 
revolving fund under section 1452, to submit with its application for 
such loan or grant a water conservation plan consistent with such 
guidelines.''.

                        TITLE IV--MISCELLANEOUS

SEC. 401. DEFINITIONS.

    (a) Alternative Quality Control and Testing Procedures.--Section 
1401(1)(D) (42 U.S.C. 300f(1)(D)) is amended by adding the following at 
the end thereof: ``At any time after promulgation of a regulation 
referred to in this paragraph, the Administrator may add equally 
effective quality control and testing procedures by guidance published 
in the Federal Register. Such procedures shall be treated as an 
alternative for public water systems to the quality control and testing 
procedures listed in the regulation.''.
    (b) Public Water System.--
            (1) In general.--Section 1401(4) (42 U.S.C. 300f(4)) is 
        amended--
                    (A) in the first sentence, by striking ``piped 
                water for human consumption'' and inserting ``water for 
                human consumption through pipes or other constructed 
                conveyances'';
                    (B) by redesignating subparagraphs (A) and (B) as 
                clauses (i) and (ii), respectively;
                    (C) by striking ``(4) The'' and inserting the 
                following:
            ``(4) Public water system.--
                    ``(A) In general.--The''; and
                    (D) by adding at the end the following:
                    ``(B) Connections.--
                            ``(i) In general.--For purposes of 
                        subparagraph (A), a connection to a system that 
                        delivers water by a constructed conveyance 
                        other than a pipe shall not be considered a 
                        connection, if--
                                    ``(I) the water is used exclusively 
                                for purposes other than residential 
                                uses (consisting of drinking, bathing, 
                                and cooking, or other similar uses);
                                    ``(II) the Administrator or the 
                                State (in the case of a State 
                                exercising primary enforcement 
                                responsibility for public water 
                                systems) determines that alternative 
                                water to achieve the equivalent level 
                                of public health protection provided by 
                                the applicable national primary 
                                drinking water regulation is provided 
                                for residential or similar uses for 
                                drinking, cooking, and bathing; or
                                    ``(III) the Administrator or the 
                                State (in the case of a State 
                                exercising primary enforcement 
                                responsibility for public water 
                                systems) determines that the water 
                                provided for residential or similar 
                                uses for drinking, cooking, and bathing 
                                is centrally treated or treated at the 
                                point of entry by the provider, a pass-
                                through entity, or the user to achieve 
                                the equivalent level of protection 
                                provided by the applicable national 
                                primary drinking water regulations.
                            ``(ii) Irrigation districts.--An irrigation 
                        district in existence prior to May 18, 1994, 
                        that provides primarily agricultural service 
                        through a piped water system with only 
                        incidental residential or similar use shall not 
                        be considered to be a public water system if 
                        the system or the residential or similar users 
                        of the system comply with subclause (II) or 
                        (III) of clause (i).
                    ``(C) Transition period.--A water supplier that 
                would be a public water system only as a result of 
                modifications made to this paragraph by the Safe 
                Drinking Water Act Amendments of 1996 shall not be 
                considered a public water system for purposes of the 
                Act until the date that is two years after the date of 
                enactment of this subparagraph. If a water supplier 
                does not serve 15 service connections (as defined in 
                subparagraphs (A) and (B)) or 25 people at any time 
                after the conclusion of the two-year period, the water 
                supplier shall not be considered a public water 
                system.''.
            (2) GAO Study.--The Comptroller General of the United 
        States shall undertake a study to--
                    (A) ascertain the numbers and locations of 
                individuals and households relying for their 
                residential water needs, including drinking, bathing, 
                and cooking (or other similar uses) on irrigation water 
                systems, mining water systems, industrial water systems 
                or other water systems covered by section 1401(4)(B) of 
                the Safe Drinking Water Act that are not public water 
                systems subject to the Safe Drinking Water Act;
                    (B) determine the sources and costs and 
                affordability (to users and systems) of water used by 
                such populations for their residential water needs; and
                    (C) review State and water system compliance with 
                the exclusion provisions of section 1401(4)(B) of such 
                Act.
        The Comptroller General shall submit a report to the Congress 
        within 3 years after the enactment of this Act containing the 
        results of such study.

SEC. 402. AUTHORIZATION OF APPROPRIATIONS.

    (a) General.--Part A (42 U.S.C. 300f) is amended by adding the 
following new section after section 1401:

``SEC. 1402. AUTHORIZATION OF APPROPRIATIONS.

    ``There are authorized to be appropriated such sums as may be 
necessary to carry out the provisions of this title for the first 7 
fiscal years following the enactment of the Safe Drinking Water Act 
Amendments of 1996. With the exception of biomedical research, nothing 
in this Act shall affect or modify any authorization for research and 
development under this Act or any other provision of law.''.
    (b) Critical Aquifer Protection.--Section 1427 (42 U.S.C. 300h-6) 
is amended as follows:
            (1) Subsection (b)(1) is amended by striking ``not later 
        than 24 months after the enactment of the Safe Drinking Water 
        Act Amendments of 1986''.
            (2) The table in subsection (m) is amended by adding at the 
        end the following:

``1992-2003..........................................    15,000,000.''.
    (c) Wellhead Protection Areas.--The table in section 1428(k) (42 
U.S.C. 300h-7(k)) is amended by adding at the end the following:

``1992-2003..........................................    30,000,000.''.
    (d) Underground Injection Control Grant.--The table in section 
1443(b)(5) (42 U.S.C. 300j-2(b)(5)) is amended by adding at the end the 
following:

``1992-2003..........................................    15,000,000.''.

SEC. 403. NEW YORK CITY WATERSHED PROTECTION PROGRAM.

    Section 1443 (42 U.S.C. 300j-2) is amended by adding at the end the 
following:
    ``(d) New York City Watershed Protection Program.--
            ``(1) In general.--The Administrator is authorized to 
        provide financial assistance to the State of New York for 
        demonstration projects implemented as part of the watershed 
        program for the protection and enhancement of the quality of 
        source waters of the New York City water supply system, 
        including projects necessary to comply with the criteria for 
        avoiding filtration contained in 40 CFR 141.71. Demonstration 
        projects which shall be eligible for financial assistance shall 
        be certified to the Administrator by the State of New York as 
        satisfying the purposes of this subsection. In certifying 
        projects to the Administrator, the State of New York shall give 
        priority to monitoring projects that have undergone peer 
        review.
            ``(2) Report.--Not later than 5 years after the date on 
        which the Administrator first provides assistance pursuant to 
        this paragraph, the Governor of the State of New York shall 
        submit a report to the Administrator on the results of projects 
        assisted.
            ``(3) Matching requirements.--Federal assistance provided 
        under this subsection shall not exceed 35 percent of the total 
        cost of the protection program being carried out for any 
        particular watershed or ground water recharge area.
            ``(4) Authorization.--There are authorized to be 
        appropriated to the Administrator to carry out this subsection 
        for each of fiscal years 1997 through 2003 $8,000,000 for each 
        of such fiscal years for the purpose of providing assistance to 
        the State of New York to carry out paragraph (1).''.

SEC. 404. ESTROGENIC SUBSTANCES SCREENING PROGRAM.

    Part F is amended by adding the following at the end thereof:

``SEC. 1466. ESTROGENIC SUBSTANCES SCREENING PROGRAM.

    ``(a)  Development.--Not later than 2 years after the date of 
enactment of this section, the Administrator shall develop a screening 
program, using appropriate validated test systems and other 
scientifically relevant information, to determine whether certain 
substances may have an effect in humans that is similar to an effect 
produced by a naturally occurring estrogen, or such other endocrine 
effect as the Administrator may designate.
    ``(b) Implementation.--Not later than 3 years after the date of 
enactment of this section, after obtaining public comment and review of 
the screening program described in subsection (a) by the scientific 
advisory panel established under section 25(d) of the Act of June 25, 
1947 (chapter 125) or the Science Advisory Board established by section 
8 of the Environmental Research, Development, and Demonstration Act of 
1978 (42 U.S.C. 4365), the Administrator shall implement the program.
    ``(c) Substances.--In carrying out the screening program described 
in subsection (a), the Administrator--
            ``(1) shall provide for the testing of all active and inert 
        ingredients used in products described in section 103(e) of the 
        Comprehensive Environmental Response, Compensation, and 
        Liability Act of 1980 (42 U.S.C. 9603(e)) that may be found in 
        sources of drinking water, and
            ``(2) may provide for the testing of any other substance 
        that may be found in sources of drinking water if the 
        Administrator determines that a substantial population may be 
        exposed to such substance.
    ``(d) Exemption.--Notwithstanding subsection (c), the Administrator 
may, by order, exempt from the requirements of this section a biologic 
substance or other substance if the Administrator determines that the 
substance is anticipated not to produce any effect in humans similar to 
an effect produced by a naturally occurring estrogen.
    ``(e) Collection of Information.--
            ``(1) In general.--The Administrator shall issue an order 
        to a person that registers, manufactures, or imports a 
        substance for which testing is required under this subsection 
        to conduct testing in accordance with the screening program 
        described in subsection (a), and submit information obtained 
        from the testing to the Administrator, within a reasonable time 
        period that the Administrator determines is sufficient for the 
        generation of the information.
            ``(2) Procedures.--To the extent practicable the 
        Administrator shall minimize duplicative testing of the same 
        substance for the same endocrine effect, develop, as 
        appropriate, procedures for fair and equitable sharing of test 
        costs, and develop, as necessary, procedures for handling of 
        confidential business information.
            ``(3) Failure of registrants to submit information.--
                    ``(A) Suspension.--If a person required to register 
                a substance referred to in subsection (c)(1) fails to 
                comply with an order under paragraph (1) of this 
                subsection, the Administrator shall issue a notice of 
                intent to suspend the sale or distribution of the 
                substance by the person. Any suspension proposed under 
                this paragraph shall become final at the end of the 30-
                day period beginning on the date that the person 
                receives the notice of intent to suspend, unless during 
                that period a person adversely affected by the notice 
                requests a hearing or the Administrator determines that 
                the person referred to in paragraph (1) has complied 
                fully with this subsection.
                    ``(B) Hearing.--If a person requests a hearing 
                under subparagraph (A), the hearing shall be conducted 
                in accordance with section 554 of title 5, United 
                States Code. The only matter for resolution at the 
                hearing shall be whether the person has failed to 
                comply with an order under paragraph (1) of this 
                subsection. A decision by the Administrator after 
                completion of a hearing shall be considered to be a 
                final agency action.
                    ``(C) Termination of suspensions.--The 
                Administrator shall terminate a suspension under this 
                paragraph issued with respect to a person if the 
                Administrator determines that the person has complied 
                fully with this subsection.
            ``(4) Noncompliance by other persons.--Any person (other 
        than a person referred to in paragraph (3)) who fails to comply 
        with an order under paragraph (1) shall be liable for the same 
        penalties and sanctions as are provided under section 16 of the 
        Toxic Substances Control Act (15 U.S.C. 2601 and following) in 
        the case of a violation referred to in that section. Such 
        penalties and sanctions shall be assessed and imposed in the 
        same manner as provided in such section 16.
    ``(f) Agency Action.--In the case of any substance that is found, 
as a result of testing and evaluation under this section, to have an 
endocrine effect on humans, the Administrator shall, as appropriate, 
take action under such statutory authority as is available to the 
Administrator, including consideration under other sections of this 
Act, as is necessary to ensure the protection of public health.
    ``(g) Report to Congress.--Not later than 4 years after the date of 
enactment of this section, the Administrator shall prepare and submit 
to Congress a report containing--
            ``(1) the findings of the Administrator resulting from the 
        screening program described in subsection (a);
            ``(2) recommendations for further testing needed to 
        evaluate the impact on human health of the substances tested 
        under the screening program; and
            ``(3) recommendations for any further actions (including 
        any action described in subsection (f)) that the Administrator 
        determines are appropriate based on the findings.
    ``(h) Savings Clause.--Nothing in this section shall be construed 
to amend or modify the provisions of the Toxic Substances Control Act 
or the Federal Insecticide, Fungicide, and Rodenticide Act.''.

SEC. 405. REPORTS ON PROGRAMS ADMINISTERED DIRECTLY BY ENVIRONMENTAL 
              PROTECTION AGENCY.

    For States and Indian Tribes in which the Administrator of the 
Environmental Protection Agency has revoked primary enforcement 
responsibility under part B of title XIV of the Public Health Service 
Act (which title is commonly known as the Safe Drinking Water Act) or 
is otherwise administering such title, the Administrator shall provide 
every 2 years, a report to Congress on the implementation by the 
Administrator of all applicable requirements of that title in such 
States.

SEC. 406. RETURN FLOWS.

    Section 3013 of Public Law 102-486 (42 U.S.C. 13551) shall not 
apply to drinking water supplied by a public water system regulated 
under title XIV of the Public Health Service Act (the Safe Drinking 
Water Act).

SEC. 407. EMERGENCY POWERS.

    Section 1431(b) is amended by striking out ``$5,000'' and inserting 
in lieu thereof ``$15,000''.

SEC. 408. WATERBORNE DISEASE OCCURRENCE STUDY.

    (a) System.--The Director of the Centers for Disease Control and 
Prevention, and the Administrator of the Environmental Protection 
Agency, shall jointly establish--
            (1) within 2 years after the date of enactment of this Act, 
        pilot waterborne disease occurrence studies for at least 5 
        major United States communities or public water systems; and
            (2) within 5 years after the date of enactment of this Act, 
        a report on the findings of the pilot studies, and a national 
        estimate of waterborne disease occurrence.
    (b) Training and Education.--The Director and Administrator shall 
jointly establish a national health care provider training and public 
education campaign to inform both the professional health care provider 
community and the general public about waterborne disease and the 
symptoms that may be caused by infectious agents, including microbial 
contaminants. In developing such a campaign, they shall seek comment 
from interested groups and individuals, including scientists, 
physicians, State and local governments, environmental groups, public 
water systems, and vulnerable populations.
    (c) Funding.--There are authorized to be appropriated for each of 
the fiscal years 1997 through 2001, $3,000,000 to carry out this 
section. To the extent funds under this section are not fully 
appropriated, the Administrator may use not more than $2,000,000 of the 
funds from amounts reserved under section 1452(n) for health effects 
studies for purposes of this section. The Administrator may transfer a 
portion of such funds to the Centers for Disease Control and Prevention 
for such purposes.

SEC. 409. DRINKING WATER STUDIES.

    (a) Subpopulations at Greater Risk.--The Administrator of the 
Environmental Protection Agency shall conduct a continuing program of 
studies to identify groups within the general population that are at 
greater risk than the general population of adverse health effects from 
exposure to contaminants in drinking water. The study shall examine 
whether and to what degree infants, children, pregnant women, the 
elderly, individuals with a history of serious illness, or other 
subpopulations that can be identified and characterized are likely to 
experience elevated health risks, including risks of cancer, from 
contaminants in drinking water.
    (b) Biological Mechanisms.--The Administrator shall conduct studies 
to--
            (1) understand the biomedical mechanisms by which chemical 
        contaminants are absorbed, distributed, metabolized, and 
        eliminated from the human body, so as to develop more accurate 
        physiologically based models of the phenomena;
            (2) understand the effects of contaminants and the 
        biomedical mechanisms by which the contaminants cause adverse 
        effects (especially noncancer and infectious effects) and the 
        variations in the effects among humans, especially 
        subpopulations at greater risk of adverse effects, and between 
        test animals and humans; and
            (3) develop new approaches to the study of complex 
        mixtures, such as mixtures found in drinking water, especially 
        to determine the prospects for synergistic or antagonistic 
        interactions that may affect the shape of the dose-response 
        relationship of the individual chemicals and microbes, and to 
        examine noncancer endpoints and infectious diseases, and 
        susceptible individuals and subpopulations.
    (c) Studies on Harmful Substances in Drinking Water.--
            (1) Development of studies.--The Administrator shall, after 
        consultation with the Secretary of Health and Human Services, 
        the Secretary of Agriculture, and, as appropriate, the heads of 
        other Federal agencies, conduct the studies described in 
        paragraph (2) to support the development and implementation of 
        the most current version of each of the following:
                    (A) Enhanced surface water treatment rule (59 Fed. 
                Reg. 38832 (July 29, 1994)).
                    (B) Disinfectant and disinfection byproducts rule 
                (59 Fed. Reg. 38668 (July 29, 1994)).
                    (C) Ground water disinfection rule (availability of 
                draft summary announced at (57 Fed. Reg. 33960; July 
                31, 1992)).
            (2) Contents of studies.--The studies required by paragraph 
        (1) shall include, at a minimum, each of the following:
                    (A) Toxicological studies and, if warranted, 
                epidemiological studies to determine what levels of 
                exposure from disinfectants and disinfection 
                byproducts, if any, may be associated with 
                developmental and birth defects and other potential 
                toxic end points.
                    (B) Toxicological studies and, if warranted, 
                epidemiological studies to quantify the carcinogenic 
                potential from exposure to disinfection byproducts 
                resulting from different disinfectants.
                    (C) The development of dose-response curves for 
                pathogens, including cryptosporidium and the Norwalk 
                virus.
            (3) Authorization of appropriations.--There are authorized 
        to be appropriated to carry out this subsection $12,500,000 for 
        each of fiscal years 1997 through 2003.

SEC. 410. BOTTLED DRINKING WATER STANDARDS.

    Section 410 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 
349) is amended as follows:
            (1) By striking ``Whenever'' and inserting ``(a) Except as 
        provided in subsection (b), whenever''.
            (2) By adding at the end thereof the following new 
        subsection:
    ``(b)(1) Not later than 180 days before the effective date of a 
national primary drinking water regulation promulgated by the 
Administrator of the Environmental Protection Agency for a contaminant 
under section 1412 of the Public Health Service Act (42 U.S.C. 300g-1), 
the Secretary shall promulgate a standard of quality regulation under 
this subsection for that contaminant in bottled water or make a finding 
that such a regulation is not necessary to protect the public health 
because the contaminant is contained in water in public water systems 
(as defined under section 1401(4) of such Act (42 U.S.C. 300f(4))) but 
not in water used for bottled drinking water. The effective date for 
any such standard of quality regulation shall be the same as the 
effective date for such national primary drinking water regulation, 
except for any standard of quality of regulation promulgated by the 
Secretary before the date of enactment of the Safe Drinking Water Act 
Amendments of 1996 for which (as of such date of enactment) an 
effective date had not been established. In the case of a standard of 
quality regulation to which such exception applies, the Secretary shall 
promulgate monitoring requirements for the contaminants covered by the 
regulation not later than 2 years after such date of enactment. Such 
monitoring requirements shall become effective not later than 180 days 
after the date on which the monitoring requirements are promulgated.
    ``(2) A regulation issued by the Secretary as provided in this 
subsection shall include any monitoring requirements that the Secretary 
determines appropriate for bottled water.
    ``(3) A regulation issued by the Secretary as provided in this 
subsection shall require the following:
            ``(A) In the case of contaminants for which a maximum 
        contaminant level is established in a national primary drinking 
        water regulation under section 1412 of the Public Health 
        Service Act, the regulation under this subsection shall 
        establish a maximum contaminant level for the contaminant in 
        bottled water which is no less stringent than the maximum 
        contaminant level provided in the national primary drinking 
        water regulation.
            ``(B) In the case of contaminants for which a treatment 
        technique is established in a national primary drinking water 
        regulation under section 1412 of the Public Health Service Act, 
        the regulation under this subsection shall require that bottled 
        water be subject to requirements no less protective of the 
        public health than those applicable to water provided by public 
        water systems using the treatment technique required by the 
        national primary drinking water regulation.
    ``(4)(A) If the Secretary does not promulgate a regulation under 
this subsection within the period described in paragraph (1), the 
national primary drinking water regulation referred to in paragraph (1) 
shall be considered, as of the date on which the Secretary is required 
to establish a regulation under paragraph (1), as the regulation 
applicable under this subsection to bottled water.
    ``(B) In the case of a national primary drinking water regulation 
that pursuant to subparagraph (A) is considered to be a standard of 
quality regulation, the Secretary shall, not later than the applicable 
date referred to in such subparagraph, publish in the Federal Register 
a notice--
            ``(i) specifying the contents of such regulation, including 
        monitoring requirements, and
            ``(ii) providing that for purposes of this paragraph the 
        effective date for such regulation is the same as the effective 
        date for the regulation for purposes of title XIV of the Public 
        Health Service Act (or, if the exception under paragraph (1) 
        applies to the regulation, that the effective date for the 
        regulation is not later than 2 years and 180 days after the 
        date of the enactment of the Safe Drinking Water Act Amendments 
        of 1996).''.

SEC. 411. CLERICAL AMENDMENTS.

    (a) Part B.--Part B (42 U.S.C. 300g and following) is amended as 
follows:
            (1) In section 1412(b)(2)(C) by striking ``paragraph 
        (3)(a)'' and inserting ``paragraph (3)(A)''.
            (2) In section 1412(b)(8) strike ``1442(g)'' and insert 
        ``1442(e)''.
            (3) In section 1415(a)(1)(A) by inserting ``the'' before 
        ``time the variance is granted''.
    (b) Part C.--Part C (42 U.S.C. 300h and following) is amended as 
follows:
            (1) In section 1421(b)(3)(B)(i) by striking ``number or 
        States'' and inserting ``number of States''.
            (2) In section 1427(k) by striking ``this subsection'' and 
        inserting ``this section''.
    (c) Part E.--Section 1441(f) (42 U.S.C. 300j(f)) is amended by 
inserting a period at the end.
    (d) Section 1465(b).--Section 1465(b) (42 U.S.C. 300j-25) is 
amended by striking ``as by'' and inserting ``by''.
    (e) Short Title.--Section 1 of Public Law 93-523 (88 Stat. 1600) is 
amended by inserting ``of 1974'' after ``Act'' the second place it 
appears and title XIV of the Public Health Service Act is amended by 
inserting the following immediately before part A:

``SEC. 1400. SHORT TITLE AND TABLE OF CONTENTS.

    ``(a) Short Title.--This title may be cited as the `Safe Drinking 
Water Act'.
    ``(b) Table of Contents.--

              ``TITLE XIV--SAFETY OF PUBLIC WATER SYSTEMS

``Sec. 1400. Short title and table of contents.

                         ``Part A--Definitions

``Sec. 1401. Definitions.
``Sec. 1402. Authorization of appropriations.

                     ``Part B--Public Water Systems

``Sec. 1411. Coverage.
``Sec. 1412. National drinking water regulations.
``Sec. 1413. State primary enforcement responsibility.
``Sec. 1414. Enforcement of drinking water regulations.
``Sec. 1415. Variances
``Sec. 1416. Exemptions.
``Sec. 1417. Prohibition on use of lead pipes, solder, and flux.
``Sec. 1418. Monitoring of contaminants.
``Sec. 1419. Capacity development.

     ``Part C--Protection of Underground Sources of Drinking Water

``Sec. 1421. Regulations for State programs.
``Sec. 1422. State primary enforcement responsibility.
``Sec. 1423. Enforcement of program.
``Sec. 1424. Interim regulation of underground injections.
``Sec. 1425. Optional demonstration by States relating to oil or 
                            natural gas.
``Sec. 1426. Regulation of State programs.
``Sec. 1427. Sole source aquifer demonstration program.
``Sec. 1428. State programs to establish wellhead and source water 
                            protection areas.
``Sec. 1429. Federal facilities.

                       ``Part D--Emergency Powers

``Sec. 1431. Emergency powers.
``Sec. 1432. Tampering with public water systems.

                      ``Part E--General Provisions

``Sec. 1441. Assurance of availability of adequate supplies of 
                            chemicals necessary for treatment of water.
``Sec. 1442. Research, technical assistance, information, training of 
                            personnel.
``Sec. 1443. Grants for State programs.
``Sec. 1444. Special study and demonstration project grants; guaranteed 
                            loans.
``Sec. 1445. Records and inspections.
``Sec. 1446. National Drinking Water Advisory Council.
``Sec. 1447. Federal agencies.
``Sec. 1448. Judicial review.
``Sec. 1449. Citizen's civil action.
``Sec. 1450. General provisions.
``Sec. 1451. Indian tribes.
``Sec. 1452. State revolving funds.
``Sec. 1453. Water conservation plan.

 ``Part F--Additional Requirements To Regulate the Safety of Drinking 
                                 Water

``Sec. 1461. Definitions.
``Sec. 1462. Recall of drinking water coolers with lead-lined tanks.
``Sec. 1463. Drinking water coolers containing lead.
``Sec. 1464. Lead contamination in school drinking water.
``Sec. 1465. Federal assistance for State programs regarding lead 
                            contamination in school drinking water.
``Sec. 1466. Estrogenic substances screening program.''.

 TITLE V--ADDITIONAL ASSISTANCE FOR WATER INFRASTRUCTURE AND WATERSHEDS

SEC. 501. GENERAL PROGRAM.

    (a) Technical and Financial Assistance.--The Administrator may 
provide technical and financial assistance in the form of grants to 
States (1) for the construction, rehabilitation, and improvement of 
water supply systems, and (2) consistent with nonpoint source 
management programs established under section 319 of the Federal Water 
Pollution Control Act, for source water quality protection programs to 
address pollutants in navigable waters for the purpose of making such 
waters usable by water supply systems.
    (b) Limitation.--Not more than 30 percent of the amounts 
appropriated to carry out this section in a fiscal year may be used for 
source water quality protection programs described in subsection 
(a)(2).
    (c) Condition.--As a condition to receiving assistance under this 
section, a State shall ensure that such assistance is carried out in 
the most cost-effective manner, as determined by the State.
    (d) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $50,000,000 for each of fiscal 
years 1996 through 2003. Such sums shall remain available until 
expended.

SEC. 502. NEW YORK CITY WATERSHED, NEW YORK.

    (a) In General.--The Administrator may provide technical and 
financial assistance in the form of grants for a source water quality 
protection program described in section 501 for the New York City 
Watershed in the State of New York.
    (b) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $8,000,000 for each of fiscal 
years 1996 through 2003. Such sums shall remain available until 
expended.

SEC. 503. RURAL AND NATIVE VILLAGES, ALASKA.

    (a) In General.--The Administrator may provide technical and 
financial assistance in the form of grants to the State of Alaska for 
the benefit of rural and Alaska Native villages for the development and 
construction of water systems to improve conditions in such villages 
and to provide technical assistance relating to construction and 
operation of such systems.
    (b) Consultation.--The Administrator shall consult the State of 
Alaska on methods of prioritizing the allocation of grants made to such 
State under this section.
    (c) Administrative Expenses.--The State of Alaska may use not to 
exceed 4 percent of the amount granted to such State under this section 
for administrative expenses necessary to carry out the activities for 
which the grant is made.
    (d) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $25,000,000. Such sums shall 
remain available until expended.

SEC. 504. ACQUISITION OF LANDS.

    Assistance provided with funds made available under this title may 
be used for the acquisition of lands and other interests in lands; 
however, nothing in this title authorizes the acquisition of lands or 
other interests in lands from other than willing sellers.

SEC. 505. FEDERAL SHARE.

    The Federal share of the cost of activities for which grants are 
made under this title shall be 50 percent.

SEC. 506. CONDITION ON AUTHORIZATIONS OF APPROPRIATIONS.

    An authorization of appropriations under this title shall be in 
effect for a fiscal year only if at least 75 percent of the total 
amount of funds authorized to be appropriated for such fiscal year by 
section 308 are appropriated.

SEC. 507. DEFINITIONS.

    In this title, the following definitions apply:
            (1) Administrator.--The term ``Administrator'' means the 
        Administrator of the Environmental Protection Agency.
            (2) State.--The term ``State'' means a State, the District 
        of Columbia, the Commonwealth of Puerto Rico, the Virgin 
        Islands, Guam, American Samoa, the Commonwealth of the Northern 
        Mariana Islands, and the Trust Territory of the Pacific 
        Islands.
            (3) Water supply system.--The term ``water supply system'' 
        means a system for the provision to the public of piped water 
        for human consumption if such system has at least 15 service 
        connections or regularly serves at least 25 individuals and a 
        draw and fill system for the provision to the public of water 
        for human consumption. Such term does not include a for-profit 
        system that has fewer than 15 service connections used by year-
        round residents of the area served by the system or a for-
        profit system that regularly serves fewer than 25 year-round 
        residents and does not include a system owned by a Federal 
        agency. Such term includes (A) any collection, treatment, 
        storage, and distribution facilities under control of the 
        operator of such system and used primarily in connection with 
        such system, and (B) any collection or pretreatment facilities 
        not under such control that are used primarily in connection 
        with such system.

            TITLE VI--DRINKING WATER RESEARCH AUTHORIZATION

SEC. 601. DRINKING WATER RESEARCH AUTHORIZATION.

    There are authorized to be appropriated to the Administrator of the 
Environmental Protection Agency, in addition to--
            (1) amounts authorized for research under section 
        1412(b)(13) of the Safe Drinking Water Act (title XIV of the 
        Public Health Service Act);
            (2) amounts authorized for research under section 409 of 
        the Safe Drinking Water Act Amendments of 1996; and
            (3) $10,000,000 from funds appropriated pursuant to this 
        section 1452(n) of the Safe Drinking Water Act (title XIV of 
        the Public Health Service Act),
such sums as may be necessary for drinking water research for fiscal 
years 1997 through 2003. The annual total of the sums referred to in 
this section shall not exceed $26,593,000.

SEC. 602. SCIENTIFIC RESEARCH REVIEW.

    (a) In general.--The Administrator shall assign to the Assistant 
Administrator for Research and Development (in this section referred to 
as the ``Assistant Administrator'') the duties of--
            (1) developing a strategic plan for drinking water research 
        activities throughout the Environmental Protection Agency (in 
        this section referred to as the ``Agency'');
            (2) integrating that strategic plan into ongoing Agency 
        planning activities; and
            (3) reviewing all Agency drinking water research to ensure 
        the research--
                    (A) is of high quality; and
                    (B) does not duplicate any other research being 
                conducted by the Agency.
    (b) Report.--The Assistant Administrator shall transmit annually to 
the Administrator and to the Committees on Commerce and Science of the 
House of Representatives and the Committee on Environment and Public 
Works of the Senate a report detailing--
            (1) all Agency drinking water research the Assistant 
        Administrator finds is not of sufficiently high quality; and
            (2) all Agency drinking water research the Assistant 
        Administrator finds duplicates other Agency research.
            Attest:

                                                                 Clerk.