[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 1316 Enrolled Bill (ENR)]

        S.1316

                       One Hundred Fourth Congress

                                 of the

                        United States of America


                          AT THE SECOND SESSION

         Begun and held at the City of Washington on Wednesday,
   the third day of January, one thousand nine hundred and ninety-six


                                 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.

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

SECTION 1. SHORT TITLE; 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; table of contents.
Sec. 2. References; effective date; disclaimer.
Sec. 3. Findings.

             TITLE I--AMENDMENTS TO SAFE DRINKING WATER ACT

Sec. 101. Definitions.
Sec. 102. General authority.
Sec. 103. Risk assessment, management, and communication.
Sec. 104. Standard-setting.
Sec. 105. Treatment technologies for small systems.
Sec. 106. Limited alternative to filtration.
Sec. 107. Ground water disinfection.
Sec. 108. Effective date for regulations.
Sec. 109. Arsenic, sulfate, and radon.
Sec. 110. Recycling of filter backwash.
Sec. 111. Technology and treatment techniques.
Sec. 112. State primacy.
Sec. 113. Enforcement; judicial review.
Sec. 114. Public notification.
Sec. 115. Variances.
Sec. 116. Small systems variances.
Sec. 117. Exemptions.
Sec. 118. Lead plumbing and pipes.
Sec. 119. Capacity development.
Sec. 120. Authorization of appropriations for certain ground water 
          programs.
Sec. 121. Amendments to section 1442.
Sec. 122. Technical assistance.
Sec. 123. Operator certification.
Sec. 124. Public water system supervision program.
Sec. 125. Monitoring and information gathering.
Sec. 126. Occurrence data base.
Sec. 127. Drinking Water Advisory Council.
Sec. 128. New York City watershed protection program.
Sec. 129. Federal agencies.
Sec. 130. State revolving loan funds.
Sec. 131. State ground water protection grants.
Sec. 132. Source water assessment.
Sec. 133. Source water petition program.
Sec. 134. Water conservation plan.
Sec. 135. Drinking water assistance to colonias.
Sec. 136. Estrogenic substances screening program.
Sec. 137. Drinking water studies.

                    TITLE II--DRINKING WATER RESEARCH

Sec. 201. Drinking water research authorization.
Sec. 202. Scientific research review.
Sec. 203. National center for ground water research.

                   TITLE III--MISCELLANEOUS PROVISIONS

Sec. 301. Water return flows.
Sec. 302  Transfer of funds.
Sec. 303. Grants to Alaska to improve sanitation in rural and Native 
          villages.
Sec. 304. Sense of the Congress.
Sec. 305. Bottled drinking water standards.
Sec. 306. Washington Aqueduct.
Sec. 307. Wastewater assistance to colonias.
Sec. 308. Prevention and control of zebra mussel infestation of Lake 
          Champlain.

 TITLE IV--ADDITIONAL ASSISTANCE FOR WATER INFRASTRUCTURE AND WATERSHEDS

Sec. 401. National program.

                      TITLE V--CLERICAL AMENDMENTS

Sec. 501. Clerical amendments.

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.--Except for the provisions of section 302 (relating 
to transfers of funds), 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.

SEC. 3. FINDINGS.

    The Congress finds that--
        (1) safe drinking water is essential to the protection of 
    public health;
        (2) because the requirements of the Safe Drinking Water Act (42 
    U.S.C. 300f et seq.) now exceed the financial and technical 
    capacity of some public water systems, especially many small public 
    water systems, the Federal Government needs to provide assistance 
    to communities to help the communities meet Federal drinking water 
    requirements;
        (3) the Federal Government commits to maintaining and improving 
    its partnership with the States in the administration and 
    implementation of the Safe Drinking Water Act;
        (4) States play a central role in the implementation of safe 
    drinking water programs, and States need increased financial 
    resources and appropriate flexibility to ensure the prompt and 
    effective development and implementation of drinking water 
    programs;
        (5) the existing process for the assessment and selection of 
    additional drinking water contaminants needs to be revised and 
    improved to ensure that there is a sound scientific basis for 
    setting priorities in establishing drinking water regulations;
        (6) procedures for assessing the health effects of contaminants 
    establishing drinking water standards should be revised to provide 
    greater opportunity for public education and participation;
        (7) in considering the appropriate level of regulation for 
    contaminants in drinking water, risk assessment, based on sound and 
    objective science, and benefit-cost analysis are important 
    analytical tools for improving the efficiency and effectiveness of 
    drinking water regulations to protect human health;
        (8) more effective protection of public health requires--
            (A) a Federal commitment to set priorities that will allow 
        scarce Federal, State, and local resources to be targeted 
        toward the drinking water problems of greatest public health 
        concern;
            (B) maximizing the value of the different and complementary 
        strengths and responsibilities of the Federal and State 
        governments in those States that have primary enforcement 
        responsibility for the Safe Drinking Water Act; and
            (C) prevention of drinking water contamination through 
        well-trained system operators, water systems with adequate 
        managerial, technical, and financial capacity, and enhanced 
        protection of source waters of public water systems;
        (9) compliance with the requirements of the Safe Drinking Water 
    Act continues to be a concern at public water systems experiencing 
    technical and financial limitations, and Federal, State, and local 
    governments need more resources and more effective authority to 
    attain the objectives of the Safe Drinking Water Act; and
        (10) consumers served by public water systems should be 
    provided with information on the source of the water they are 
    drinking and its quality and safety, as well as prompt notification 
    of any violation of drinking water regulations.

             TITLE I--AMENDMENTS TO SAFE DRINKING WATER ACT

SEC. 101. DEFINITIONS.

    (a) In General.--Section 1401 (42 U.S.C. 300f) is amended as 
follows:
        (1) In paragraph (1)--
            (A) in subparagraph (D), by inserting ``accepted methods 
        for'' before ``quality control''; and
            (B) by adding at the end the following: ``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.''.
        (2) In paragraph (13)--
            (A) by striking ``The'' and inserting ``(A) Except as 
        provided in subparagraph (B), the''; and
            (B) by adding at the end the following:
        ``(B) For purposes of section 1452, the term `State' means each 
    of the 50 States, the District of Columbia, and the Commonwealth of 
    Puerto Rico.''.
        (3) In paragraph (14), by adding at the end the following: 
    ``For purposes of section 1452, the term includes any Native 
    village (as defined in section 3(c) of the Alaska Native Claims 
    Settlement Act (43 U.S.C. 1602(c))).''.
        (4) By adding at the end the following:
        ``(15) Community water system.--The term `community water 
    system' means a public water system that--
            ``(A) serves at least 15 service connections used by year-
        round residents of the area served by the system; or
            ``(B) regularly serves at least 25 year-round residents.
        ``(16) Noncommunity water system.--The term `noncommunity water 
    system' means a public water system that is not a community water 
    system.''.
    (b) Public Water System.--
        (1) In general.--Section 1401(4) (42 U.S.C. 300f(4)) is amended 
    as follows:
            (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 and 
                cooking; 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 
        2-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 date of enactment of this Act containing 
    the results of such study.

SEC. 102. GENERAL AUTHORITY.

    (a) Standards.--Section 1412(b) (42 U.S.C. 300g-1(b)) is amended by 
striking ``(b)(1)'' and all that follows through the end of paragraph 
(3) and inserting the following:
    ``(b) Standards.--
        ``(1) Identification of contaminants for listing.--
            ``(A) General authority.--The Administrator shall, in 
        accordance with the procedures established by this subsection, 
        publish a maximum contaminant level goal and promulgate a 
        national primary drinking water regulation for a contaminant 
        (other than a contaminant referred to in paragraph (2) for 
        which a national primary drinking water regulation has been 
        promulgated as of the date of enactment of the Safe Drinking 
        Water Act Amendments of 1996) if the Administrator determines 
        that--
                ``(i) the contaminant may have an adverse effect on the 
            health of persons;
                ``(ii) 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 levels of 
            public health concern; and
                ``(iii) in the sole judgment of the Administrator, 
            regulation of such contaminant presents a meaningful 
            opportunity for health risk reduction for persons served by 
            public water systems.
            ``(B) Regulation of unregulated contaminants.--
                ``(i) Listing of contaminants for consideration.--(I) 
            Not later than 18 months after the date of 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 
            subclause (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 
            clause shall not be subject to judicial review.
                ``(ii) Determination to regulate.--(I) Not later than 5 
            years after the date of enactment of the Safe Drinking 
            Water Act Amendments of 1996, and every 5 years thereafter, 
            the Administrator shall, after notice of the preliminary 
            determination and opportunity for public comment, for not 
            fewer than 5 contaminants included on the list published 
            under clause (i), make determinations of whether or not to 
            regulate such contaminants.
                ``(II) A determination to regulate a contaminant shall 
            be based on findings that the criteria of clauses (i), 
            (ii), and (iii) of subparagraph (A) are satisfied. 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 
            clause (i) if the determination to regulate is made 
            pursuant to subclause (II).
                ``(IV) A determination under this clause not to 
            regulate a contaminant shall be considered final agency 
            action and subject to judicial review.
                ``(iii) Review.--Each document setting forth the 
            determination for a contaminant under clause (ii) shall be 
            available for public comment at such time as the 
            determination is published.
            ``(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) 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 (3)(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 (3)(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.
            ``(E) Regulation.--For each contaminant that the 
        Administrator determines to regulate under subparagraph (B), 
        the Administrator shall publish maximum contaminant level goals 
        and promulgate, by rule, national primary drinking water 
        regulations under this subsection. The Administrator shall 
        propose the maximum contaminant level goal and national primary 
        drinking water regulation for a contaminant 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 publish 
        a maximum contaminant level goal and promulgate a 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.
            ``(F) 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.
        ``(2) Schedules and deadlines.--
            ``(A) In general.--In the case of the contaminants listed 
        in the Advance Notice of Proposed Rulemaking published in 
        volume 47, Federal Register, page 9352, and in volume 48, 
        Federal Register, page 45502, the Administrator shall publish 
        maximum contaminant level goals and promulgate national primary 
        drinking water regulations--
                ``(i) not later than 1 year after June 19, 1986, for 
            not fewer than 9 of the listed contaminants;
                ``(ii) not later than 2 years after June 19, 1986, for 
            not fewer than 40 of the listed contaminants; and
                ``(iii) not later than 3 years after June 19, 1986, for 
            the remainder of the listed contaminants.
            ``(B) Substitution of contaminants.--If the Administrator 
        identifies a drinking water contaminant the regulation of 
        which, in the judgment of the Administrator, is more likely to 
        be protective of public health (taking into account the 
        schedule for regulation under subparagraph (A)) than a 
        contaminant referred to in subparagraph (A), the Administrator 
        may publish a maximum contaminant level goal and promulgate a 
        national primary drinking water regulation for the identified 
        contaminant in lieu of regulating the contaminant referred to 
        in subparagraph (A). Substitutions may be made for not more 
        than 7 contaminants referred to in subparagraph (A). Regulation 
        of a contaminant identified under this subparagraph shall be in 
        accordance with the schedule applicable to the contaminant for 
        which the substitution is made.
            ``(C) Disinfectants and disinfection byproducts.--The 
        Administrator shall promulgate 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 
        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 schedule 
        referred to in 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 schedule.''.
    (b) Applicability of Prior Requirements.--The requirements of 
subparagraphs (C) and (D) of section 1412(b)(3) of the Safe Drinking 
Water Act as in effect before the date of 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).
    (c) Conforming Amendments.--(1) Section 1415(d) (42 U.S.C. 300g-
4(d)) is amended by striking ``1412(b)(3)'' and inserting ``1412(b)''.
    (2) Section 1412(a)(3) (42 U.S.C. 300g-1(a)(3)) is amended by 
striking ``paragraph (1), (2), or (3) of'' in each place it appears.

SEC. 103. RISK ASSESSMENT, MANAGEMENT, AND COMMUNICATION.

    Section 1412(b) (42 U.S.C. 300g-1(b)) is amended by inserting after 
paragraph (2) the following:
        ``(3) 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 each of the 
            following:

                    ``(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. 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 (3)(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) In general.--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 (3)(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 variances);
        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 
        eligible under section 1415(e) for a small system variance.
            ``(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 (as described in 
        paragraph (2)(C)) for contaminants that are disinfectants or 
        disinfection byproducts, 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 Safe Drinking Water Act (as amended by this Act) to 
promulgate the Stage I and Stage II Disinfectants and Disinfection 
Byproducts Rules 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 
disinfectants 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)(9)) 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. TREATMENT 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) List of technologies for small systems.--The 
            Administrator shall include in the list any technology, 
            treatment technique, or other means that is affordable, as 
            determined by the Administrator in consultation with the 
            States, 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. The Administrator shall not include in the list 
            any point-of-use treatment technology, treatment technique, 
            or other means to achieve compliance with a maximum 
            contaminant level or treatment technique requirement for a 
            microbial contaminant (or an indicator of a microbial 
            contaminant). 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. In listing any 
            technology, treatment technique, or other means pursuant to 
            this clause, the Administrator shall consider the quality 
            of the source water to be treated.
                ``(iii) List of technologies that achieve compliance.--
            Except as provided in clause (v), not later than 2 years 
            after the date of 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 enactment of this paragraph.
                ``(iv) Additional technologies.--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) Technologies that meet surface water treatment 
            rule.--Within one year after the date of enactment of this 
            clause, the Administrator shall list technologies that meet 
            the Surface Water Treatment Rule for each category of 
            public water systems described in subclauses (I), (II), and 
            (III) of clause (ii).''.

SEC. 106. LIMITED ALTERNATIVE TO FILTRATION.

    Section 1412(b)(7)(C) (42 U.S.C. 300g-1(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 40 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 this section).''.

SEC. 107. GROUND WATER DISINFECTION.

    Paragraph (8) of section 1412(b) (42 U.S.C. 300g-1(b)(8)) is 
amended by moving the margins of such paragraph 2 ems to the right and 
by striking the first sentence and inserting the following: 
``Disinfection.--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 (2)(C)), 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.''.

SEC. 108. 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. 109. ARSENIC, SULFATE, AND RADON.

    (a) Arsenic and Sulfate.--Section 1412(b) (42 U.S.C. 300g-1(b)) is 
amended by inserting after paragraph (11) the following:
        ``(12) Certain contaminants.--
            ``(A) Arsenic.--
                ``(i) Schedule and standard.--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) Study plan.--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) Cooperative agreements.--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) Proposed regulations.--The Administrator shall 
            propose a national primary drinking water regulation for 
            arsenic not later than January 1, 2000.
                ``(v) Final regulations.--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) Authorization.--There are authorized to be 
            appropriated $2,500,000 for each of fiscal years 1997 
            through 2000 for the studies required by this paragraph.
            ``(B) 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, and shall be completed not 
            later than 30 months after the date of enactment of the 
            Safe Drinking Water Act Amendments of 1996.
            ``(ii) Determination.--The Administrator shall include 
        sulfate among the 5 or more contaminants for which a 
        determination is made pursuant to paragraph (3)(B) not later 
        than 5 years after the date of enactment of the Safe Drinking 
        Water Act Amendments of 1996.
            ``(iii) Proposed and final rule.--Notwithstanding the 
        deadlines set forth in paragraph (2), 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.''.
    (b) Radon.--Section 1412(b) (42 U.S.C. 300g-1(b)) is amended by 
inserting after paragraph (12) the following:
        ``(13) Radon in drinking water.--
            ``(A) National primary drinking water regulation.--
        Notwithstanding paragraph (2), the Administrator shall withdraw 
        any national primary drinking water regulation for radon 
        proposed prior to the date of enactment of this paragraph and 
        shall propose and promulgate a regulation for radon under this 
        section, as amended by the Safe Drinking Water Act Amendments 
        of 1996.
            ``(B) Risk assessment and studies.--
                ``(i) Assessment by nas.--Prior to proposing a national 
            primary drinking water regulation for radon, the 
            Administrator shall arrange for the National Academy of 
            Sciences to prepare a risk assessment for radon in drinking 
            water using the best available science in accordance with 
            the requirements of paragraph (3). The risk assessment 
            shall consider each of the risks associated with exposure 
            to radon from drinking water and consider studies on the 
            health effects of radon at levels and under conditions 
            likely to be experienced through residential exposure. The 
            risk assessment shall be peer-reviewed.
                ``(ii) Study of other measures.--The Administrator 
            shall arrange for the National Academy of Sciences to 
            prepare an assessment of the health risk reduction benefits 
            associated with various mitigation measures to reduce radon 
            levels in indoor air. The assessment may be conducted as 
            part of the risk assessment authorized by clause (i) and 
            shall be used by the Administrator to prepare the guidance 
            and approve State programs under subparagraph (G).
                ``(iii) Other organization.--If the National Academy of 
            Sciences declines to prepare the risk assessment or studies 
            required by this subparagraph, the Administrator shall 
            enter into a contract or cooperative agreement with another 
            independent, scientific organization to prepare such 
            assessments or studies.
            ``(C) Health risk reduction and cost analysis.--Not later 
        than 30 months after the date of enactment of this paragraph, 
        the Administrator shall publish, and seek public comment on, a 
        health risk reduction and cost analysis meeting the 
        requirements of paragraph (3)(C) for potential maximum 
        contaminant levels that are being considered for radon in 
        drinking water. The Administrator shall include a response to 
        all significant public comments received on the analysis with 
        the preamble for the proposed rule published under subparagraph 
        (D).
            ``(D) Proposed regulation.--Not later than 36 months after 
        the date of enactment of this paragraph, the Administrator 
        shall propose a maximum contaminant level goal and a national 
        primary drinking water regulation for radon pursuant to this 
        section.
            ``(E) Final regulation.--Not later than 12 months after the 
        date of the proposal under subparagraph (D), the Administrator 
        shall publish a maximum contaminant level goal and promulgate a 
        national primary drinking water regulation for radon pursuant 
        to this section based on the risk assessment prepared pursuant 
        to subparagraph (B) and the health risk reduction and cost 
        analysis published pursuant to subparagraph (C). In considering 
        the risk assessment and the health risk reduction and cost 
        analysis in connection with the promulgation of such a 
        standard, the Administrator shall take into account the costs 
        and benefits of control programs for radon from other sources.
            ``(F) Alternative maximum contaminant level.--If the 
        maximum contaminant level for radon in drinking water 
        promulgated pursuant to subparagraph (E) is more stringent than 
        necessary to reduce the contribution to radon in indoor air 
        from drinking water to a concentration that is equivalent to 
        the national average concentration of radon in outdoor air, the 
        Administrator shall, simultaneously with the promulgation of 
        such level, promulgate an alternative maximum contaminant level 
        for radon that would result in a contribution of radon from 
        drinking water to radon levels in indoor air equivalent to the 
        national average concentration of radon in outdoor air. If the 
        Administrator promulgates an alternative maximum contaminant 
        level under this subparagraph, the Administrator shall, after 
        notice and opportunity for public comment and in consultation 
        with the States, publish guidelines for State programs, 
        including criteria for multimedia measures to mitigate radon 
        levels in indoor air, to be used by the States in preparing 
        programs under subparagraph (G). The guidelines shall take into 
        account data from existing radon mitigation programs and the 
        assessment of mitigation measures prepared under subparagraph 
        (B).
            ``(G) Multimedia radon mitigation programs.--
                ``(i) In general.--A State may develop and submit a 
            multimedia program to mitigate radon levels in indoor air 
            for approval by the Administrator under this subparagraph. 
            If, after notice and the opportunity for public comment, 
            such program is approved by the Administrator, public water 
            systems in the State may comply with the alternative 
            maximum contaminant level promulgated under subparagraph 
            (F) in lieu of the maximum contaminant level in the 
            national primary drinking water regulation promulgated 
            under subparagraph (E).
                ``(ii) Elements of programs.--State programs may rely 
            on a variety of mitigation measures including public 
            education, testing, training, technical assistance, 
            remediation grant and loan or incentive programs, or other 
            regulatory or nonregulatory measures. The effectiveness of 
            elements in State programs shall be evaluated by the 
            Administrator based on the assessment prepared by the 
            National Academy of Sciences under subparagraph (B) and the 
            guidelines published by the Administrator under 
            subparagraph (F).
                ``(iii) Approval.--The Administrator shall approve a 
            State program submitted under this paragraph if the health 
            risk reduction benefits expected to be achieved by the 
            program are equal to or greater than the health risk 
            reduction benefits that would be achieved if each public 
            water system in the State complied with the maximum 
            contaminant level promulgated under subparagraph (E). The 
            Administrator shall approve or disapprove a program 
            submitted under this paragraph within 180 days of receipt. 
            A program that is not disapproved during such period shall 
            be deemed approved. A program that is disapproved may be 
            modified to address the objections of the Administrator and 
            be resubmitted for approval.
                ``(iv) Review.--The Administrator shall periodically, 
            but not less often than every 5 years, review each 
            multimedia mitigation program approved under this 
            subparagraph to determine whether it continues to meet the 
            requirements of clause (iii) and shall, after written 
            notice to the State and an opportunity for the State to 
            correct any deficiency in the program, withdraw approval of 
            programs that no longer comply with such requirements.
                ``(v) Extension.--If, within 90 days after the 
            promulgation of an alternative maximum contaminant level 
            under subparagraph (F), the Governor of a State submits a 
            letter to the Administrator committing to develop a 
            multimedia mitigation program under this subparagraph, the 
            effective date of the national primary drinking water 
            regulation for radon in the State that would be applicable 
            under paragraph (10) shall be extended for a period of 18 
            months.
                ``(vi) Local programs.--In the event that a State 
            chooses not to submit a multimedia mitigation program for 
            approval under this subparagraph or has submitted a program 
            that has been disapproved, any public water system in the 
            State may submit a program for approval by the 
            Administrator according to the same criteria, conditions, 
            and approval process that would apply to a State program. 
            The Administrator shall approve a multimedia mitigation 
            program if the health risk reduction benefits expected to 
            be achieved by the program are equal to or greater than the 
            health risk reduction benefits that would result from 
            compliance by the public water system with the maximum 
            contaminant level for radon promulgated under subparagraph 
            (E).''.

SEC. 110. RECYCLING OF FILTER BACKWASH.

    Section 1412(b) (42 U.S.C. 300g-1(b)) is amended by adding the 
following new paragraph after paragraph (13):
        ``(14) 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 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. TECHNOLOGY AND TREATMENT TECHNIQUES.

    (a) Variance Technologies.--Section 1412(b) (42 U.S.C. 300g-1(b)) 
is amended by adding the following new paragraph after paragraph (14):
        ``(15) Variance technologies.--
            ``(A) In general.--At the same time as the Administrator 
        promulgates a national primary drinking water regulation for a 
        contaminant pursuant to this section, the Administrator shall 
        issue guidance or regulations describing the best treatment 
        technologies, treatment techniques, or other means (referred to 
        in this paragraph as `variance technology') for the contaminant 
        that the Administrator finds, after examination for efficacy 
        under field conditions and not solely under laboratory 
        conditions, are available and affordable, as determined by the 
        Administrator in consultation with the States, for public water 
        systems of varying size, considering the quality of the source 
        water to be treated. The Administrator shall identify such 
        variance technologies for 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,
        if, considering the quality of the source water to be treated, 
        no treatment technology is listed for public water systems of 
        that size under paragraph (4)(E). Variance technologies 
        identified by the Administrator pursuant to this paragraph may 
        not achieve compliance with the maximum contaminant level or 
        treatment technique requirement of such regulation, but shall 
        achieve the maximum reduction or inactivation efficiency that 
        is affordable considering the size of the system and the 
        quality of the source water. The guidance or regulations shall 
        not require the use of a technology from a specific 
        manufacturer or brand.
            ``(B) Limitation.--The Administrator shall not identify any 
        variance technology under this paragraph, unless the 
        Administrator has determined, considering the quality of the 
        source water to be treated and the expected useful life of the 
        technology, that the variance technology is protective of 
        public health.
            ``(C) Additional information.--The Administrator shall 
        include in the guidance or regulations identifying variance 
        technologies under this paragraph any assumptions supporting 
        the public health determination referred to in subparagraph 
        (B), where such assumptions concern the public water system to 
        which the technology may be applied, or its source waters. The 
        Administrator shall provide any assumptions used in determining 
        affordability, taking into consideration the number of persons 
        served by such systems. The Administrator shall provide as much 
        reliable information as practicable on performance, 
        effectiveness, limitations, costs, and other relevant factors 
        including the applicability of variance technology to waters 
        from surface and underground sources.
            ``(D) Regulations and guidance.--Not later than 2 years 
        after the date of enactment of this paragraph and after 
        consultation with the States, the Administrator shall issue 
        guidance or regulations under subparagraph (A) for each 
        national primary drinking water regulation promulgated prior to 
        the date of enactment of this paragraph for which a variance 
        may be granted under section 1415(e). The Administrator may, at 
        any time after a national primary drinking water regulation has 
        been promulgated, issue guidance or regulations describing 
        additional variance technologies. The Administrator shall, not 
        less often than every 7 years, or upon receipt of a petition 
        supported by substantial information, review variance 
        technologies identified under this paragraph. The Administrator 
        shall issue revised guidance or regulations if new or 
        innovative variance technologies become available that meet the 
        requirements of this paragraph and achieve an equal or greater 
        reduction or inactivation efficiency than the variance 
        technologies previously identified under this subparagraph. No 
        public water system shall be required to replace a variance 
        technology during the useful life of the technology for the 
        sole reason that a more efficient variance technology has been 
        listed under this subparagraph.''.
    (b) Availability of Information on Small System Technologies.--
Section 1445 (42 U.S.C. 300j-4) is amended by adding the following new 
subsection 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 variance 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).''.

SEC. 112. 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) (42 U.S.C. 300g-2(a)(5)) 
is amended by inserting after ``emergency circumstances'' the 
following: ``including earthquakes, floods, hurricanes, and other 
natural disasters, as appropriate''.

SEC. 113. ENFORCEMENT; JUDICIAL REVIEW.

    (a) In General.--Section 1414 (42 U.S.C. 300g-3) is amended as 
follows:
        (1) In subsection (a)--
            (A) in paragraph (1)--
                (i) in subparagraph (A)--

                    (I) in clause (i), by striking ``any national 
                primary drinking water regulation in effect under 
                section 1412'' and inserting ``any applicable 
                requirement''; and
                    (II) by striking ``with such regulation or 
                requirement'' and inserting ``with the requirement''; 
                and

                (ii) in subparagraph (B), by striking ``regulation or'' 
            and inserting ``applicable''; and
            (B) by striking paragraph (2) and inserting the following:
        ``(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 the first sentence of subsection (b), 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)--
                (i) in the first sentence--

                    (I) by striking ``effect until after notice and 
                opportunity for public hearing and,'' and inserting 
                ``effect,''; and
                    (II) by striking ``proposed order'' and inserting 
                ``order''; and

                (ii) in the second sentence, by striking ``proposed to 
            be''; and
            (C) in paragraph (3)--
                (i) 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.''; and
                (ii) in subparagraph (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:
    ``(h) Consolidation Incentive.--
        ``(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--
        (1) by striking ``and'' at the end of paragraph (4);
        (2) by striking the period at the end of paragraph (5) and 
    inserting ``; and''; 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.''.
    (c) Judicial Review.--Section 1448(a) (42 U.S.C. 300j-7(a)) is 
amended--
        (1) in paragraph (2) of the first sentence, by inserting 
    ``final'' after ``any other'';
        (2) in the second sentence, by striking ``or issuance of the 
    order'' and inserting ``or any other final Agency action''; and
        (3) 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.''.
    (d) Emergency Powers.--Section 1431(b) (42 U.S.C. 300i(b)) is 
amended by striking ``$5,000'' and inserting ``$15,000''.

SEC. 114. PUBLIC NOTIFICATION.

    (a) Public Water Systems.--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 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 
        (referred to in this paragraph as a `consumer confidence 
        report'). Such regulations shall provide a brief and plainly 
        worded definition of the terms `maximum contaminant level 
        goal', `maximum contaminant level', `variances', and 
        `exemptions' and brief statements in plain language regarding 
        the health concerns that resulted in regulation of each 
        regulated contaminant. The regulations shall also include a 
        brief and plainly worded explanation regarding contaminants 
        that may reasonably be expected to be present in drinking 
        water, including bottled water. The regulations shall also 
        provide for an Environmental Protection Agency toll-free 
        hotline 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', `maximum 
            contaminant level', `variances', and `exemptions' 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, as required by the 
            Administrator, and notice if the system is operating under 
            a variance or exemption and the basis on which the variance 
            or exemption was granted.
                ``(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 the presence of contaminants in 
            drinking water does not necessarily indicate that the 
            drinking water poses a health risk and that more 
            information about contaminants and potential health effects 
            can be obtained by calling the Environmental Protection 
            Agency hotline.
        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, in the newspaper notice required by 
            clause (iii) or by other means, its customers that the 
            system will not be mailing the report as required by 
            subparagraph (A);
                ``(ii) make the consumer confidence report available 
            upon request to the public; 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 to publication.--For any community water 
        system which, pursuant to subparagraph (C), is not required to 
        meet the mailing requirement of subparagraph (A) and which 
        serves 500 persons or fewer, the community water system may 
        elect not to comply with clause (i) or (iii) of subparagraph 
        (C). If the community water system so elects, the system shall, 
        at a minimum--
                ``(i) prepare an annual consumer confidence report 
            pursuant to subparagraph (B); and
                ``(ii) provide notice at least once per year to each of 
            its customers by mail, by door-to-door delivery, by posting 
            or by other means authorized by the regulations of the 
            Administrator that the consumer confidence report is 
            available upon request.
            ``(E) 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.''.
    (b) Bottled Water Study.--Not later than 18 months after the date 
of enactment of this Act, the Administrator of the Food and Drug 
Administration, in consultation with the Administrator of the 
Environmental Protection Agency, shall publish for public notice and 
comment a draft study on the feasibility of appropriate methods, if 
any, of informing customers of the contents of bottled water. The 
Administrator of the Food and Drug Administration shall publish a final 
study not later than 30 months after the date of enactment of this Act.

SEC. 115. VARIANCES.

    The second sentence of section 1415(a)(1)(A) (42 U.S.C. 300g-
4(a)(1)(A)) is amended--
        (1) by striking ``only be issued to a system after the system's 
    application of'' and inserting ``be issued to a system on condition 
    that the system install''; and
        (2) by inserting before the period at the end the following: 
    ``, and based upon an evaluation satisfactory to the State that 
    indicates that alternative sources of water are not reasonably 
    available to the system''.

SEC. 116. SMALL SYSTEMS VARIANCES.

    Section 1415 (42 U.S.C. 300g-4) is amended by adding at the end the 
following:
    ``(e) Small System Variances.--
        ``(1) In general.--A State exercising primary enforcement 
    responsibility for public water systems under section 1413 (or the 
    Administrator in nonprimacy States) may grant a variance under this 
    subsection for compliance with a requirement specifying a maximum 
    contaminant level or treatment technique contained in a national 
    primary drinking water regulation to--
            ``(A) public water systems serving 3,300 or fewer persons; 
        and
            ``(B) with the approval of the Administrator pursuant to 
        paragraph (9), public water systems serving more than 3,300 
        persons but fewer than 10,000 persons,
    if the variance meets each requirement of this subsection.
        ``(2) Availability of variances.--A public water system may 
    receive a variance pursuant to paragraph (1), if--
            ``(A) the Administrator has identified a variance 
        technology under section 1412(b)(15) that is applicable to the 
        size and source water quality conditions of the public water 
        system;
            ``(B) the public water system installs, operates, and 
        maintains, in accordance with guidance or regulations issued by 
        the Administrator, such treatment technology, treatment 
        technique, or other means; and
            ``(C) the State in which the system is located determines 
        that the conditions of paragraph (3) are met.
        ``(3) Conditions for granting variances.--A variance under this 
    subsection shall be available only to a system--
            ``(A) that cannot afford to comply, in accordance with 
        affordability criteria established by the Administrator (or the 
        State in the case of a State that has primary enforcement 
        responsibility under section 1413), with a national primary 
        drinking water regulation, including compliance through--
                ``(i) treatment;
                ``(ii) alternative source of water supply; or
                ``(iii) restructuring or consolidation (unless the 
            Administrator (or the State in the case of a State that has 
            primary enforcement responsibility under section 1413) 
            makes a written determination that restructuring or 
            consolidation is not practicable); and
            ``(B) for which the Administrator (or the State in the case 
        of a State that has primary enforcement responsibility under 
        section 1413) determines that the terms of the variance ensure 
        adequate protection of human health, considering the quality of 
        the source water for the system and the removal efficiencies 
        and expected useful life of the treatment technology required 
        by the variance.
        ``(4) Compliance schedules.--A variance granted under this 
    subsection shall require compliance with the conditions of the 
    variance not later than 3 years after the date on which the 
    variance is granted, except that the Administrator (or the State in 
    the case of a State that has primary enforcement responsibility 
    under section 1413) may allow up to 2 additional years to comply 
    with a variance technology, secure an alternative source of water, 
    restructure or consolidate if the Administrator (or the State) 
    determines that additional time is necessary for capital 
    improvements, or to allow for financial assistance provided 
    pursuant to section 1452 or any other Federal or State program.
        ``(5) Duration of variances.--The Administrator (or the State 
    in the case of a State that has primary enforcement responsibility 
    under section 1413) shall review each variance granted under this 
    subsection not less often than every 5 years after the compliance 
    date established in the variance to determine whether the system 
    remains eligible for the variance and is conforming to each 
    condition of the variance.
        ``(6) 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.
        ``(7) Regulations and guidance.--
            ``(A) In general.--Not later than 2 years after the date of 
        enactment of this subsection and in consultation with the 
        States, the Administrator shall promulgate regulations for 
        variances to be granted under this subsection. The regulations 
        shall, at a minimum, specify--
                ``(i) procedures to be used by the Administrator or a 
            State to grant or deny variances, including requirements 
            for notifying the Administrator and consumers of the public 
            water system that a variance is proposed to be granted 
            (including information regarding the contaminant and 
            variance) and requirements for a public hearing on the 
            variance before the variance is granted;
                ``(ii) requirements for the installation and proper 
            operation of variance technology that is identified 
            (pursuant to section 1412(b)(15)) for small systems and the 
            financial and technical capability to operate the treatment 
            system, including operator training and certification;
                ``(iii) eligibility criteria for a variance for each 
            national primary drinking water regulation, including 
            requirements for the quality of the source water (pursuant 
            to section 1412(b)(15)(A)); and
                ``(iv) information requirements for variance 
            applications.
            ``(B) Affordability criteria.--Not later than 18 months 
        after the date of enactment of the Safe Drinking Water Act 
        Amendments of 1996, the Administrator, in consultation with the 
        States and the Rural Utilities Service of the Department of 
        Agriculture, shall publish information to assist the States in 
        developing affordability criteria. The affordability criteria 
        shall be reviewed by the States not less often than every 5 
        years to determine if changes are needed to the criteria.
        ``(8) Review by the administrator.--
            ``(A) In general.--The Administrator shall periodically 
        review the program of each State that has primary enforcement 
        responsibility for public water systems under section 1413 with 
        respect to variances to determine whether the variances granted 
        by the State comply with the requirements of this subsection. 
        With respect to affordability, the determination of the 
        Administrator shall be limited to whether the variances granted 
        by the State comply with the affordability criteria developed 
        by the State.
            ``(B) Notice and publication.--If the Administrator 
        determines that variances granted by a State are not in 
        compliance with affordability criteria developed by the State 
        and the requirements of this subsection, the Administrator 
        shall notify the State in writing of the deficiencies and make 
        public the determination.
        ``(9) Approval of variances.--A State proposing to grant a 
    variance under this subsection to a public water system serving 
    more than 3,300 and fewer than 10,000 persons shall submit the 
    variance to the Administrator for review and approval prior to the 
    issuance of the variance. The Administrator shall approve the 
    variance if it meets each of the requirements of this subsection. 
    The Administrator shall approve or disapprove the variance within 
    90 days. If the Administrator disapproves a variance under this 
    paragraph, the Administrator shall notify the State in writing of 
    the reasons for disapproval and the variance may be resubmitted 
    with modifications to address the objections stated by the 
    Administrator.
        ``(10) Objections to variances.--
            ``(A) By the administrator.--The Administrator may review 
        and object to any variance proposed to be granted by a State, 
        if the objection is communicated to the State not later than 90 
        days after the State proposes to grant the variance. If the 
        Administrator objects to the granting of a variance, the 
        Administrator shall notify the State in writing of each basis 
        for the objection and propose a modification to the variance to 
        resolve the concerns of the Administrator. The State shall make 
        the recommended modification or respond in writing to each 
        objection. If the State issues the variance without resolving 
        the concerns of the Administrator, the Administrator may 
        overturn the State decision to grant the variance if the 
        Administrator determines that the State decision does not 
        comply with this subsection.
            ``(B) Petition by consumers.--Not later than 30 days after 
        a State exercising primary enforcement responsibility for 
        public water systems under section 1413 proposes to grant a 
        variance for a public water system, any person served by the 
        system may petition the Administrator to object to the granting 
        of a variance. The Administrator shall respond to the petition 
        and determine whether to object to the variance under 
        subparagraph (A) not later than 60 days after the receipt of 
        the petition.
            ``(C) Timing.--No variance shall be granted by a State 
        until the later of the following:
                ``(i) 90 days after the State proposes to grant a 
            variance.
                ``(ii) If the Administrator objects to the variance, 
            the date on which the State makes the recommended 
            modifications or responds in writing to each objection.''.

SEC. 117. EXEMPTIONS.

    (a) In General.--Section 1416 (42 U.S.C. 300g-5) is amended as 
follows:
        (1) In subsection (a)(1)--
            (A) by inserting after ``(which may include economic 
        factors'' the following: ``, including qualification of the 
        public water system as a system serving a disadvantaged 
        community pursuant to section 1452(d)''; and
            (B) by inserting after ``treatment technique requirement,'' 
        the following: ``or to implement measures to develop an 
        alternative source of water supply,''.
        (2) In subsection (a), by striking ``and'' at the end of 
    paragraph (2), striking the period at the end of paragraph (3) and 
    inserting ``; and'' and by adding the following at the end thereof:
        ``(4) management or restructuring changes (or both) cannot 
    reasonably be made that will result in compliance with this title 
    or, if compliance cannot be achieved, improve the quality of the 
    drinking water.''.
        (3) In subsection (b)(1)(A)--
            (A) by striking ``(including increments of progress)'' and 
        inserting ``(including increments of progress or measures to 
        develop an alternative source of water supply)''; and
            (B) by striking ``requirement and treatment'' and inserting 
        ``requirement or treatment''.
        (4) In subsection (b)(2)--
            (A) by striking ``(except as provided in subparagraph 
        (B))'' in subparagraph (A) and all that follows through ``3 
        years after the date of the issuance of the exemption if'' in 
        subparagraph (B) and inserting the following: ``not later than 
        3 years after the otherwise applicable compliance date 
        established in section 1412(b)(10).
    ``(B) No exemption shall be granted unless'';
            (B) in subparagraph (B)(i), by striking ``within the period 
        of such exemption'' and inserting ``prior to the date 
        established pursuant to section 1412(b)(10)'';
            (C) in subparagraph (B)(ii), by inserting after ``such 
        financial assistance'' the following: ``or assistance pursuant 
        to section 1452, or any other Federal or State program is 
        reasonably likely to be available within the period of the 
        exemption'';
            (D) in subparagraph (C)--
                (i) by striking ``500 service connections'' and 
            inserting ``a population of 3,300''; and
                (ii) by inserting ``, but not to exceed a total of 6 
            years,'' after ``for one or more additional 2-year 
            periods''; and
            (E) by adding at the end the following:
    ``(D) Limitation.--A public water system may not receive an 
exemption under this section if the system was granted a variance under 
section 1415(e).''.
    (b) Limited Additional Compliance Period.--(1) 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) of the Safe Drinking Water Act in the case of 
unfiltered systems in Essex, Columbia, Greene, Dutchess, Rensselaer, 
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.
    (2) The additional compliance period referred to in paragraph (1) 
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) of the Safe 
Drinking Water Act or 5 years after the date of enactment of the Safe 
Drinking Water Act Amendments of 1996.

SEC. 118. LEAD PLUMBING AND PIPES.

    Section 1417 (42 U.S.C. 300g-6) is amended as follows:
        (1) In subsection (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.''.

SEC. 119. CAPACITY DEVELOPMENT.

    Part B (42 U.S.C. 300g et seq.) is amended by adding after section 
1419 the following:


                          ``CAPACITY DEVELOPMENT

    ``Sec. 1420. (a) State Authority for New Systems.--A State shall 
receive only 80 percent of the allotment that the State is otherwise 
entitled to receive under section 1452 (relating to State loan funds) 
unless the State has obtained 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.
        ``(3) Withholding.--The list and report under this subsection 
    shall be considered part of the capacity development strategy of 
    the State required under subsection (c) of this section for 
    purposes of the withholding requirements of section 
    1452(a)(1)(G)(i) (relating to State loan funds).
    ``(c) Capacity Development Strategy.--
        ``(1) In general.--Beginning 4 years after the date of 
    enactment of this section, a State shall receive only--
            ``(A) 90 percent in fiscal year 2001;
            ``(B) 85 percent in fiscal year 2002; and
            ``(C) 80 percent in each subsequent fiscal year,
    of the allotment that the State is otherwise entitled to receive 
    under section 1452 (relating to State loan funds), unless the State 
    is developing and implementing 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.
    ``(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.
    ``(e) Variances and Exemptions.--Based on information obtained 
under subsection (c)(3), the Administrator shall, as appropriate, 
modify regulations concerning variances and exemptions for small public 
water systems to ensure flexibility in the use of the variances and 
exemptions. Nothing in this subsection shall be interpreted, construed, 
or applied to affect or alter the requirements of section 1415 or 1416.
    ``(f) Small Public Water Systems Technology Assistance Centers.--
        ``(1) Grant program.--The Administrator is authorized to make 
    grants to institutions of higher learning to establish and operate 
    small public water system technology assistance centers in the 
    United States.
        ``(2) Responsibilities of the centers.--The responsibilities of 
    the small public water system technology assistance centers 
    established under this subsection shall include the conduct of 
    training and technical assistance relating to the information, 
    performance, and technical needs of small public water systems or 
    public water systems that serve Indian Tribes.
        ``(3) Applications.--Any institution of higher learning 
    interested in receiving a grant under this subsection shall submit 
    to the Administrator an application in such form and containing 
    such information as the Administrator may require by regulation.
        ``(4) Selection criteria.--The Administrator shall select 
    recipients of grants under this subsection on the basis of the 
    following criteria:
            ``(A) The small public water system technology assistance 
        center shall be located in a State that is representative of 
        the needs of the region in which the State is located for 
        addressing the drinking water needs of small and rural 
        communities or Indian Tribes.
            ``(B) The grant recipient shall be located in a region that 
        has experienced problems, or may reasonably be foreseen to 
        experience problems, with small and rural public water systems.
            ``(C) The grant recipient shall have access to expertise in 
        small public water system technology management.
            ``(D) The grant recipient shall have the capability to 
        disseminate the results of small public water system technology 
        and training programs.
            ``(E) The projects that the grant recipient proposes to 
        carry out under the grant are necessary and appropriate.
            ``(F) The grant recipient has regional support beyond the 
        host institution.
        ``(5) Consortia of states.--At least 2 of the grants under this 
    subsection shall be made to consortia of States with low population 
    densities.
        ``(6) Authorization of appropriations.--There are authorized to 
    be appropriated to make grants under this subsection $2,000,000 for 
    each of the fiscal years 1997 through 1999, and $5,000,000 for each 
    of the fiscal years 2000 through 2003.
    ``(g) Environmental Finance Centers.--
        ``(1) In general.--The Administrator shall provide initial 
    funding for one or more university-based environmental finance 
    centers for activities that provide technical assistance to State 
    and local officials in developing the capacity of public water 
    systems. Any such funds shall be used only for activities that are 
    directly related to this title.
        ``(2) National capacity development clearinghouse.--The 
    Administrator shall establish a national public water system 
    capacity development clearinghouse to receive and disseminate 
    information with respect to developing, improving, and maintaining 
    financial and managerial capacity at public water systems. The 
    Administrator shall ensure that the clearinghouse does not 
    duplicate other federally supported clearinghouse activities.
        ``(3) Capacity development techniques.--The Administrator may 
    request an environmental finance center funded under paragraph (1) 
    to develop and test managerial, financial, and institutional 
    techniques for capacity development. The techniques may include 
    capacity assessment methodologies, manual and computer based public 
    water system rate models and capital planning models, public water 
    system consolidation procedures, and regionalization models.
        ``(4) Authorization of appropriations.--There are authorized to 
    be appropriated to carry out this subsection $1,500,000 for each of 
    the fiscal years 1997 through 2003.
        ``(5) Limitation.--No portion of any funds made available under 
    this subsection may be used for lobbying expenses.''.

SEC. 120. AUTHORIZATION OF APPROPRIATIONS FOR CERTAIN GROUND WATER 
              PROGRAMS.

    (a) 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.''.

    (b) 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.''.

    (c) 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. 121. AMENDMENTS TO SECTION 1442.

    Section 1442 (42 U.S.C. 300j-1) is amended--
        (1) by redesignating paragraph (3) of subsection (b) as 
    paragraph (3) of subsection (d) and moving such paragraph to appear 
    after paragraph (2) of subsection (d);
        (2) by striking subsection (b) (as so amended);
        (3) by redesignating subparagraph (B) of subsection (a)(2) as 
    subsection (b) and moving such subsection to appear after 
    subsection (a);
        (4) in subsection (a)--
            (A) by striking paragraph (2) (as so amended) and inserting 
        the following:
        ``(2) Information and research facilities.--In carrying out 
    this title, the Administrator is authorized to--
            ``(A) collect and make available information pertaining to 
        research, investigations, and demonstrations with respect to 
        providing a dependably safe supply of drinking water, together 
        with appropriate recommendations in connection with the 
        information; and
            ``(B) make available research facilities of the Agency to 
        appropriate public authorities, institutions, and individuals 
        engaged in studies and research relating to this title.'';
            (B) by striking paragraph (3); and
            (C) by redesignating paragraph (11) as paragraph (3) and 
        moving such paragraph to appear before paragraph (4).

SEC. 122. TECHNICAL ASSISTANCE.

    Section 1442(e) (42 U.S.C. 300j-1(e)) 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 and multi-State regional technical assistance programs, 
training, and preliminary engineering evaluations. The Administrator 
shall ensure that technical assistance pursuant to this subsection is 
available in each State. Each nonprofit organization receiving 
assistance under this subsection shall consult with the State in which 
the assistance is to be expended or otherwise made available before 
using assistance to undertake activities to carry out this subsection. 
There are authorized to be appropriated to the Administrator to be used 
for such technical assistance $15,000,000 for each of the fiscal years 
1997 through 2003. No portion of any State loan fund established under 
section 1452 (relating to State loan funds) and no portion of any funds 
made available under this subsection may be used 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. 123. OPERATOR CERTIFICATION.

    Part B (42 U.S.C. 300g et seq.) is amended by adding the following 
after section 1418:


                         ``operator certification

    ``Sec. 1419. (a) Guidelines.--Not later than 30 months after the 
date of enactment of the Safe Drinking Water Act Amendments of 1996 and 
in cooperation with the States, the Administrator shall publish 
guidelines in the Federal Register, after notice and opportunity for 
comment from interested persons, including States and public water 
systems, specifying minimum standards for certification (and 
recertification) of the operators of community and nontransient 
noncommunity public water systems. Such guidelines 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.
    ``(b) State Programs.--Beginning 2 years after the date on which 
the Administrator publishes guidelines under subsection (a), the 
Administrator shall withhold 20 percent of the funds a State is 
otherwise entitled to receive under section 1452 unless the State has 
adopted and is implementing a program for the certification of 
operators of community and nontransient noncommunity public water 
systems that meets the requirements of the guidelines published 
pursuant to subsection (a) or that has been submitted in compliance 
with subsection (c) and that has not been disapproved.
    ``(c) Existing Programs.--For any State exercising primary 
enforcement responsibility for public water systems or any other State 
which has an operator certification program, the guidelines under 
subsection (a) shall allow the State to enforce such program in lieu of 
the guidelines under subsection (a) if the State submits the program to 
the Administrator within 18 months after the publication of the 
guidelines 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 guidelines. In making this 
determination, an existing State program shall be presumed to be 
substantially equivalent to the guidelines, notwithstanding program 
differences, based on the size of systems or the quality of source 
water, providing the State program meets the overall public health 
objectives of the guidelines. If disapproved, the program may be 
resubmitted within 6 months after receipt of notice of disapproval.
    ``(d) Expense Reimbursement.--
        ``(1) In general.--The Administrator shall provide 
    reimbursement for the costs of training, including an appropriate 
    per diem for unsalaried operators, and certification for persons 
    operating systems serving 3,300 persons or fewer that are required 
    to undergo training pursuant to this section.
        ``(2) State grants.--The reimbursement shall be provided 
    through grants to States with each State receiving an amount 
    sufficient to cover the reasonable costs for training all such 
    operators in the State, as determined by the Administrator, to the 
    extent required by this section. Grants received by a State 
    pursuant to this paragraph shall first be used to provide 
    reimbursement for training and certification costs of persons 
    operating systems serving 3,300 persons or fewer. If a State has 
    reimbursed all such costs, the State may, after notice to the 
    Administrator, use any remaining funds from the grant for any of 
    the other purposes authorized for grants under section 1452.
        ``(3) Authorization.--There are authorized to be appropriated 
    to the Administrator to provide grants for reimbursement under this 
    section $30,000,000 for each of fiscal years 1997 through 2003.
        ``(4) Reservation.--If the appropriation made pursuant to 
    paragraph (3) for any fiscal year is not sufficient to satisfy the 
    requirements of paragraph (1), the Administrator shall, prior to 
    any other allocation or reservation, reserve such sums as necessary 
    from the funds appropriated pursuant to section 1452(m) to provide 
    reimbursement for the training and certification costs mandated by 
    this subsection.''.

SEC. 124. 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.--
            ``(A) Reservation of 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 loan 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 Act Amendments of 1996.
            ``(B) Duty of administrator.--If the Administrator reserves 
        funds from the allocation of a State under subparagraph (A), 
        the Administrator shall carry out in the State each of the 
        activities that would be required of the State if the State had 
        primary enforcement authority under section 1413.''.

SEC. 125. 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 subparagraph, 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 (42 U.S.C. 300g-6):


                       ``MONITORING OF CONTAMINANTS

    ``Sec. 1418. (a) Interim Monitoring Relief Authority.--
        ``(1) In general.--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) Termination; timing of monitoring.--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 date of 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) In general.--Each State exercising primary enforcement 
    responsibility for public water systems under this title and having 
    an approved source water assessment program may adopt, in 
    accordance with guidance published by the Administrator, 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, or 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 byproducts, or 
    corrosion byproducts. The preceding sentence is not intended to 
    limit other authority of the Administrator under other provisions 
    of this title to grant monitoring flexibility.
        ``(2) Guidelines.--
            ``(A) In general.--The Administrator shall issue, after 
        notice and comment and at the same time as guidelines are 
        issued for source water assessment under section 1453, 
        guidelines for States to follow in proposing alternative 
        monitoring requirements under paragraph (1) 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) Definition.--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) Effect of detection of contaminants.--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.
        ``(4) States not exercising primary enforcement 
    responsibility.--The Governor of any State not exercising primary 
    enforcement responsibility under section 1413 on the date of 
    enactment of this section may submit to the Administrator a request 
    that the Administrator modify the monitoring requirements 
    established by the Administrator and applicable to public water 
    systems in that State. After consultation with the Governor, the 
    Administrator shall modify the requirements for public water 
    systems in that State if the request of the Governor is in 
    accordance with each of the requirements of this subsection that 
    apply to alternative monitoring requirements established by States 
    that have primary enforcement responsibility. A decision by the 
    Administrator to approve a request under this clause shall be for a 
    period of 3 years and may subsequently be extended for periods of 5 
    years.
    ``(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, ensuring that only a representative sample 
        of systems serving 10,000 persons or fewer are required to 
        monitor.
            ``(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 Act Amendments 
            of 1996 and every 5 years thereafter, the Administrator 
            shall issue a list pursuant to subparagraph (A) of not more 
            than 30 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 may 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 in that State. 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 
            reserved under section 1452(o) or 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.
            ``(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. 126. OCCURRENCE DATA BASE.

    Section 1445 (42 U.S.C. 300j-4) is amended by adding the following 
new subsection after subsection (f):
    ``(g) 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 
    contaminant 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 
    contaminant 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)(1) 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 
    contaminant 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 10,000, as 
        required by the Administrator under subsection (a);
            ``(B) monitoring information collected from a 
        representative sampling of public water systems that serve a 
        population of 10,000 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. 127. DRINKING WATER ADVISORY COUNCIL.

    The second sentence of section 1446(a) (42 U.S.C. 300j-6(a)) is 
amended by inserting before the period at the end the following: ``, of 
which two such members shall be associated with small, rural public 
water systems''.

SEC. 128. 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 that 
    demonstrate, assess, or provide for comprehensive monitoring and 
    surveillance and 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 50 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, $15,000,000 for the purpose of 
    providing assistance to the State of New York to carry out 
    paragraph (1).''.

SEC. 129. FEDERAL AGENCIES.

    (a) In General.--Section 1447 (42 U.S.C. 300j-6) is amended by 
redesignating subsection (c) as subsection (d) and by striking 
subsections (a) and (b) and inserting the following:
    ``(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;
        ``(3) owning or operating any public water system; or
        ``(4) engaged in any activity resulting, or which may result 
    in, underground injection which endangers drinking water (within 
    the meaning of section 1421(d)(2)),
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, respecting 
such public water systems, and respecting any underground injection 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 or respecting any underground 
injection. 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 or concerning underground 
injection 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 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) Washington Aqueduct.--Section 1447 (42 U.S.C. 300j-6) is 
amended by adding at the end the following:
    ``(e) Washington Aqueduct.--The Secretary of the Army shall not 
pass the cost of any penalty assessed under this title on to any 
customer, user, or other purchaser of drinking water from the 
Washington Aqueduct system, including finished water from the 
Dalecarlia or McMillan treatment plant.''.

SEC. 130. STATE REVOLVING LOAN FUNDS.

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


                       ``STATE REVOLVING LOAN FUNDS

    ``Sec. 1452. (a) General Authority.--
        ``(1) Grants to states to establish state loan funds.--
            ``(A) In general.--The Administrator shall offer to enter 
        into agreements with eligible States to make capitalization 
        grants, including letters of credit, to the States under this 
        subsection to further the health protection objectives of this 
        title, promote the efficient use of fund resources, and for 
        other purposes as are specified in this title.
            ``(B) Establishment of fund.--To be eligible to receive a 
        capitalization grant under this section, a State shall 
        establish a drinking water treatment revolving loan fund 
        (referred to in this section as a `State loan fund') and comply 
        with the other requirements of this section. Each grant to a 
        State under this section shall be deposited in the State loan 
        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 loan fund.
            ``(C) Extended period.--The 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 prior to fiscal year 1997 shall be available for 
        obligation during each of the fiscal years 1997 and 1998.
            ``(D) Allotment formula.--Except as otherwise provided in 
        this section, funds made available to carry out this section 
        shall be allotted to States that have entered into an agreement 
        pursuant to this section (other than the District of Columbia) 
        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 the District of Columbia; 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 subsection (h), 
            except that the minimum proportionate share provided to 
            each State shall be the same as the minimum proportionate 
            share provided under clause (i).
            ``(E) Reallotment.--The 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 (D), except that the Administrator may reserve and 
        allocate 10 percent of the remaining amount for financial 
        assistance to Indian Tribes in addition to the amount allotted 
        under subsection (i) and none of the funds reallotted by the 
        Administrator shall be reallotted to any State that has not 
        obligated all sums allotted to the State pursuant to this 
        section during the period in which the sums were available for 
        obligation.
            ``(F) Nonprimacy states.--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 under this subparagraph. 
        Pursuant to section 1443(a)(9)(A) such sums allotted under this 
        subparagraph shall be reserved as needed by the Administrator 
        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.
            ``(G) Other programs.--
                ``(i) New system capacity.--Beginning in fiscal year 
            1999, the Administrator shall withhold 20 percent of each 
            capitalization grant made pursuant to this section to a 
            State unless the State has met the requirements of section 
            1420(a) (relating to capacity development) and shall 
            withhold 10 percent for fiscal year 2001, 15 percent for 
            fiscal year 2002, and 20 percent for fiscal year 2003 if 
            the State has not complied with the provisions of section 
            1420(c) (relating to capacity development strategies). Not 
            more than a total of 20 percent of the capitalization 
            grants made to a State in any fiscal year may be withheld 
            under the preceding provisions of this clause. All funds 
            withheld by the Administrator pursuant to this clause shall 
            be reallotted by the Administrator on the basis of the same 
            ratio as is applicable to funds allotted under subparagraph 
            (D). 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 1420 
            (relating to capacity development).
                ``(ii) Operator certification.--The Administrator shall 
            withhold 20 percent of each capitalization grant made 
            pursuant to this section unless the State has met the 
            requirements of 1419 (relating to operator certification). 
            All funds withheld by the Administrator pursuant to this 
            clause shall be reallotted by the Administrator on the 
            basis of the same ratio as applicable to funds allotted 
            under subparagraph (D). 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 operator certification).
        ``(2) Use of funds.--Except as otherwise authorized by this 
    title, amounts deposited in a State loan fund, including loan 
    repayments and interest earned on such amounts, shall be used only 
    for providing loans or loan guarantees, or as a source of reserve 
    and security for leveraged loans, the proceeds of which are 
    deposited in a State loan 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. Financial assistance 
    under this section 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 the 
    system under section 1412 or otherwise significantly further the 
    health protection objectives of this title. The 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). The funds shall not be used for the acquisition 
    of real property or interests therein, unless the acquisition is 
    integral to a project authorized by this paragraph and the purchase 
    is from a willing seller. Of the amount credited to any State loan 
    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 to 
    the extent such funds can be obligated for eligible projects of 
    public water systems.
        ``(3) Limitation.--
            ``(A) In general.--Except as provided in subparagraph (B), 
        no assistance under this section 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 section if--
                ``(i) the use of the assistance will ensure compliance; 
            and
                ``(ii) if subparagraph (A)(i) applies to the system, 
            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 the 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.
            ``(C) Review.--Prior to providing assistance under this 
        section to a public water system that is in significant 
        noncompliance with any requirement of a national primary 
        drinking water regulation or variance, the State shall conduct 
        a review to determine whether subparagraph (A)(i) applies to 
        the system.
    ``(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 section 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 section, including the priority assigned 
        to each project and, to the extent known, the expected funding 
        schedule for each project.
    ``(c) Fund Management.--Each State loan 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 the 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 loan 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 the State deposits the State contribution amount into the State 
loan fund prior to September 30, 1999.
    ``(f) Types of Assistance.--Except as otherwise limited by State 
law, the amounts deposited into a State loan fund under this section 
may be used only--
        ``(1) to make loans, on the condition that--
            ``(A) the interest rate for each loan is less than or equal 
        to the market interest rate, including an interest free loan;
            ``(B) principal and interest payments on each loan will 
        commence not later than 1 year after completion of the project 
        for which the loan was made, and each loan will be fully 
        amortized not later than 20 years after the completion of the 
        project, except that in the case of a disadvantaged community 
        (as defined in subsection (d)(3)), a State may provide an 
        extended term for a loan, if the extended term--
                ``(i) terminates not later than the date that is 30 
            years after the date of project completion; and
                ``(ii) does not exceed the expected design life of the 
            project;
            ``(C) the recipient of each loan will establish a dedicated 
        source of revenue (or, in the case of a privately owned system, 
        demonstrate that there is adequate security) for the repayment 
        of the loan; and
            ``(D) the State loan fund will be credited with all 
        payments of principal and interest on each loan;
        ``(2) to buy or refinance the debt obligation of a municipality 
    or an intermunicipal or interstate agency within the State at an 
    interest rate that is less than or equal to the market interest 
    rate in any case in which a debt obligation is incurred after July 
    1, 1993;
        ``(3) to guarantee, or purchase insurance for, a local 
    obligation (all of the proceeds of which finance a project eligible 
    for assistance under this section) if the guarantee or purchase 
    would improve credit market access or reduce the interest rate 
    applicable to the obligation;
        ``(4) as a source of revenue or security for the payment of 
    principal and interest on revenue or general obligation bonds 
    issued by the State if the proceeds of the sale of the bonds will 
    be deposited into the State loan fund; and
        ``(5) to earn interest on the amounts deposited into the State 
    loan fund.
    ``(g) Administration of State Loan Funds.--
        ``(1) 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 State loan 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 the State loan fund was established and if 
    the Administrator determines that--
            ``(A) the grants under this section, together with loan 
        repayments and interest, will be separately accounted for and 
        used solely for the purposes specified in subsection (a); and
            ``(B) the authority to establish assistance priorities and 
        carry out oversight and related activities (other than 
        financial administration) with respect to assistance remains 
        with the State agency having primary responsibility for 
        administration of the State program under section 1413, after 
        consultation with other appropriate State agencies (as 
        determined by the State): Provided, That in nonprimacy States 
        eligible to receive assistance under this section, the Governor 
        shall determine which State agency will have authority to 
        establish priorities for financial assistance from the State 
        loan fund.
        ``(2) Cost of administering fund.--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 a State loan 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 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 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 1420(c); and
            ``(D) for an operator certification program for purposes of 
        meeting the requirements of section 1419,
    if the State matches the expenditures with at least an equal amount 
    of State funds. At least half of the match must be additional to 
    the amount expended by the State for public water supervision in 
    fiscal year 1993. An additional 2 percent of the funds annually 
    allotted to each State under this section may be used by the State 
    to provide technical assistance to public water systems serving 
    10,000 or fewer persons in the State. Funds utilized under 
    subparagraph (B) shall not be used for enforcement actions.
        ``(3) Guidance and regulations.--The Administrator shall 
    publish guidance and promulgate 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.
    The guidance and regulations shall also ensure 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.
        ``(4) State report.--Each State administering a loan fund and 
    assistance program under this subsection shall publish and submit 
    to the Administrator a report every 2 years on its activities under 
    this section, including the findings of the most recent audit of 
    the fund and the entire State allotment. The Administrator shall 
    periodically audit all State loan funds established by, and all 
    other amounts allotted to, the States pursuant to this section in 
    accordance with procedures established by the Comptroller General.
    ``(h) Needs Survey.--The Administrator shall conduct an assessment 
of water system capital improvement needs of all eligible public water 
systems in the United States and submit a report to the Congress 
containing the results of the assessment within 180 days after the date 
of enactment of the Safe Drinking Water Act Amendments of 1996 and 
every 4 years thereafter.
    ``(i) Indian Tribes.--
        ``(1) In general.--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 Alaska Native villages that 
    have not otherwise received either grants from the Administrator 
    under this section or assistance from State loan funds established 
    under this section. The grants may only be used for expenditures by 
    tribes and villages for public water system expenditures referred 
    to in subsection (a)(2).
        ``(2) Use of funds.--Funds reserved pursuant to paragraph (1) 
    shall be used to address the most significant threats to public 
    health associated with public water systems that serve Indian 
    Tribes, as determined by the Administrator in consultation with the 
    Director of the Indian Health Service and Indian Tribes.
        ``(3) Alaska native villages.--In the case of a grant for a 
    project under this subsection in an Alaska Native village, the 
    Administrator is also authorized to make grants to the State of 
    Alaska for the benefit of Native villages. An amount not to exceed 
    4 percent of the grant amount may be used by the State of Alaska 
    for project management.
        ``(4) Needs assessment.--The Administrator, in consultation 
    with the Director of the Indian Health Service and Indian Tribes, 
    shall, in accordance with a schedule that is consistent with the 
    needs surveys conducted pursuant to subsection (h), prepare surveys 
    and assess the needs of drinking water treatment facilities to 
    serve Indian Tribes, including an evaluation of the public water 
    systems that pose the most significant threats to public health.
    ``(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 Virgin Islands, the 
Commonwealth of the Northern Mariana Islands, American Samoa, and Guam. 
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). The grants, and 
grants for the District of Columbia, shall not be deposited in State 
loan funds. The total allotment of grants under this section for all 
areas described in this subsection in any fiscal year shall not exceed 
0.33 percent of the aggregate amount made available to carry out this 
section in that fiscal year.
    ``(k) Other Authorized Activities.--
        ``(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 more 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 1453, 
            in order to facilitate compliance with national primary 
            drinking water regulations applicable to the 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.
                ``(iii) Any community water system to provide funding 
            in accordance with section 1454(a)(1)(B)(i).
            ``(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 1420(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 
        1453, 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 
        clauses (ii) and (iii) of paragraph (1)(A).
            ``(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 are 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. To the extent amounts authorized to be appropriated 
under this subsection in any fiscal year are not appropriated in that 
fiscal year, such amounts are authorized to be appropriated in a 
subsequent fiscal year (prior to the fiscal year 2004). Such 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 (as authorized by section 1458(c)), 
disinfection byproducts (as authorized by section 1458(c)), and arsenic 
(as authorized by section 1412(b)(12)(A)), and the implementation of a 
plan for studies of subpopulations at greater risk of adverse effects 
(as authorized by section 1458(a)).
    ``(o) Monitoring for Unregulated Contaminants.--From funds 
appropriated pursuant to this section for each fiscal year beginning 
with fiscal year 1998, the Administrator shall reserve $2,000,000 to 
pay the costs of monitoring for unregulated contaminants under section 
1445(a)(2)(C).
    ``(p) Demonstration Project for State of Virginia.--Notwithstanding 
the other provisions of this section limiting the use of funds 
deposited in a State loan 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 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 loan fund may 
be loaned to a regional endowment fund for the purpose set forth in 
this subsection under a plan to be approved by the Administrator. The 
plan may include an advisory group that includes representatives of 
such counties.
    ``(q) 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), except that the total amount of funds made 
available for such purpose in any fiscal year through appropriations 
(as authorized by section 1442(e)) and reservations made pursuant to 
this subsection shall not exceed the amount authorized by section 
1442(e).
    ``(r) Evaluation.--The Administrator shall conduct an evaluation of 
the effectiveness of the State loan funds through fiscal year 2001. The 
evaluation shall be submitted to the Congress at the same time as the 
President submits to the Congress, pursuant to section 1108 of title 
31, United States Code, an appropriations request for fiscal year 2003 
relating to the budget of the Environmental Protection Agency.''.

SEC. 131. STATE GROUND WATER PROTECTION GRANTS.

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


                  ``STATE GROUND WATER PROTECTION GRANTS

    ``Sec. 1429. (a) In General.--The Administrator may make a grant to 
a State for the development and implementation of a State program to 
ensure the coordinated and comprehensive protection of ground water 
resources within the State.
    ``(b) Guidance.--Not later than 1 year after the date of enactment 
of the Safe Drinking Water Act Amendments of 1996, and annually 
thereafter, the Administrator shall publish guidance that establishes 
procedures for application for State groundwater protection program 
assistance and that identifies key elements of State ground water 
protection programs.
    ``(c) Conditions of Grants.--
        ``(1) In general.--The Administrator shall award grants to 
    States that submit an application that is approved by the 
    Administrator. The Administrator shall determine the amount of a 
    grant awarded pursuant to this paragraph on the basis of an 
    assessment of the extent of ground water resources in the State and 
    the likelihood that awarding the grant will result in sustained and 
    reliable protection of ground water quality.
        ``(2) Innovative program grants.--The Administrator may also 
    award a grant pursuant to this subsection for innovative programs 
    proposed by a State for the prevention of ground water 
    contamination.
        ``(3) Allocation of funds.--The Administrator shall, at a 
    minimum, ensure that, for each fiscal year, not less than 1 percent 
    of funds made available to the Administrator by appropriations to 
    carry out this section are allocated to each State that submits an 
    application that is approved by the Administrator pursuant to this 
    section.
        ``(4) Limitation on grants.--No grant awarded by the 
    Administrator may be used for a project to remediate ground water 
    contamination.
    ``(d) Amount of Grants.--The amount of a grant awarded pursuant to 
paragraph (1) shall not exceed 50 percent of the eligible costs of 
carrying out the ground water protection program that is the subject of 
the grant (as determined by the Administrator) for the 1-year period 
beginning on the date that the grant is awarded. The State shall pay a 
State share to cover the costs of the ground water protection program 
from State funds in an amount that is not less than 50 percent of the 
cost of conducting the program.
    ``(e) Evaluations and Reports.--Not later than 3 years after the 
date of enactment of the Safe Drinking Water Act Amendments of 1996, 
and every 3 years thereafter, the Administrator shall evaluate the 
State ground water protection programs that are the subject of grants 
awarded pursuant to this section and report to the Congress on the 
status of ground water quality in the United States and the 
effectiveness of State programs for ground water protection.
    ``(f) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section $15,000,000 for each of fiscal 
years 1997 through 2003.''.

SEC. 132. SOURCE WATER ASSESSMENT.

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


                    ``SOURCE WATER QUALITY ASSESSMENT

    ``Sec. 1453. (a) Source Water Assessment.--
        ``(1) Guidance.--Within 12 months after the date of 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. Each State adopting modifications to 
    monitoring requirements pursuant to section 1418(b) shall, prior to 
    adopting such modifications, have an approved source water 
    assessment program under this section and shall carry out the 
    program either directly or through delegation.
        ``(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 section 
    1428(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 loan 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.
        ``(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 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).
            ``(E) Delineations or assessments of surface or ground 
        water sources under programs or plans pursuant to the Federal 
        Water Pollution Control Act.
        ``(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.--For provisions relating to program 
approval and disapproval, see section 1428(c).''.
    (b) Approval and Disapproval of State Programs.--Section 1428 (42 
U.S.C. 300h-7) 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 section 1453 or section 1418(b) does not meet 
    the applicable requirements of section 1453 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 section 1453 or 
    section 1418(b) shall be deemed to meet the applicable requirements 
    of section 1453 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 section 1453''.

SEC. 133. SOURCE WATER PETITION PROGRAM.

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


                     ``SOURCE WATER PETITION PROGRAM

    ``Sec. 1454. (a) Petition Program.--
        ``(1) In general.--
            ``(A) Establishment.--A State may establish a program under 
        which an owner or operator of a community water system in the 
        State, or a municipal or local government or political 
        subdivision of a State, may submit a source water quality 
        protection partnership petition to the State requesting that 
        the State assist in the local development of a voluntary, 
        incentive-based partnership, among the owner, operator, or 
        government and other persons likely to be affected by the 
        recommendations of the partnership, to--
                ``(i) reduce the presence in drinking water of 
            contaminants that may be addressed by a petition by 
            considering the origins of the contaminants, including to 
            the maximum extent practicable the specific activities that 
            affect the drinking water supply of a community;
                ``(ii) obtain financial or technical assistance 
            necessary to facilitate establishment of a partnership, or 
            to develop and implement recommendations of a partnership 
            for the protection of source water to assist in the 
            provision of drinking water that complies with national 
            primary drinking water regulations with respect to 
            contaminants addressed by a petition; and
                ``(iii) develop recommendations regarding voluntary and 
            incentive-based strategies for the long-term protection of 
            the source water of community water systems.
            ``(B) Funding.--Each State may--
                ``(i) use funds set aside pursuant to section 
            1452(k)(1)(A)(iii) by the State to carry out a program 
            described in subparagraph (A), including assistance to 
            voluntary local partnerships for the development and 
            implementation of partnership recommendations for the 
            protection of source water such as source water quality 
            assessment, contingency plans, and demonstration projects 
            for partners within a source water area delineated under 
            section 1453(a); and
                ``(ii) provide assistance in response to a petition 
            submitted under this subsection using funds referred to in 
            subsection (b)(2)(B).
        ``(2) Objectives.--The objectives of a petition submitted under 
    this subsection shall be to--
            ``(A) facilitate the local development of voluntary, 
        incentive-based partnerships among owners and operators of 
        community water systems, governments, and other persons in 
        source water areas; and
            ``(B) obtain assistance from the State in identifying 
        resources which are available to implement the recommendations 
        of the partnerships to address the origins of drinking water 
        contaminants that may be addressed by a petition (including to 
        the maximum extent practicable the specific activities 
        contributing to the presence of the contaminants) that affect 
        the drinking water supply of a community.
        ``(3) Contaminants addressed by a petition.--A petition 
    submitted to a State under this subsection may address only those 
    contaminants--
            ``(A) that are pathogenic organisms for which a national 
        primary drinking water regulation has been established or is 
        required under section 1412; or
            ``(B) for which a national primary drinking water 
        regulation has been promulgated or proposed and that are 
        detected by adequate monitoring methods in the source water at 
        the intake structure or in any collection, treatment, storage, 
        or distribution facilities by the community water systems at 
        levels--
                ``(i) above the maximum contaminant level; or
                ``(ii) that are not reliably and consistently below the 
            maximum contaminant level.
        ``(4) Contents.--A petition submitted under this subsection 
    shall, at a minimum--
            ``(A) include a delineation of the source water area in the 
        State that is the subject of the petition;
            ``(B) identify, to the maximum extent practicable, the 
        origins of the drinking water contaminants that may be 
        addressed by a petition (including to the maximum extent 
        practicable the specific activities contributing to the 
        presence of the contaminants) in the source water area 
        delineated under section 1453;
            ``(C) identify any deficiencies in information that will 
        impair the development of recommendations by the voluntary 
        local partnership to address drinking water contaminants that 
        may be addressed by a petition;
            ``(D) specify the efforts made to establish the voluntary 
        local partnership and obtain the participation of--
                ``(i) the municipal or local government or other 
            political subdivision of the State with jurisdiction over 
            the source water area delineated under section 1453; and
                ``(ii) each person in the source water area delineated 
            under section 1453--

                    ``(I) who is likely to be affected by 
                recommendations of the voluntary local partnership; and
                    ``(II) whose participation is essential to the 
                success of the partnership;

            ``(E) outline how the voluntary local partnership has or 
        will, during development and implementation of recommendations 
        of the voluntary local partnership, identify, recognize and 
        take into account any voluntary or other activities already 
        being undertaken by persons in the source water area delineated 
        under section 1453 under Federal or State law to reduce the 
        likelihood that contaminants will occur in drinking water at 
        levels of public health concern; and
            ``(F) specify the technical, financial, or other assistance 
        that the voluntary local partnership requests of the State to 
        develop the partnership or to implement recommendations of the 
        partnership.
    ``(b) Approval or Disapproval of Petitions.--
        ``(1) In general.--After providing notice and an opportunity 
    for public comment on a petition submitted under subsection (a), 
    the State shall approve or disapprove the petition, in whole or in 
    part, not later than 120 days after the date of submission of the 
    petition.
        ``(2) Approval.--The State may approve a petition if the 
    petition meets the requirements established under subsection (a). 
    The notice of approval shall, at a minimum, include for 
    informational purposes--
            ``(A) an identification of technical, financial, or other 
        assistance that the State will provide to assist in addressing 
        the drinking water contaminants that may be addressed by a 
        petition based on--
                ``(i) the relative priority of the public health 
            concern identified in the petition with respect to the 
            other water quality needs identified by the State;
                ``(ii) any necessary coordination that the State will 
            perform of the program established under this section with 
            programs implemented or planned by other States under this 
            section; and
                ``(iii) funds available (including funds available from 
            a State revolving loan fund established under title VI of 
            the Federal Water Pollution Control Act (33 U.S.C. 1381 et 
            seq.)) or section 1452;
            ``(B) a description of technical or financial assistance 
        pursuant to Federal and State programs that is available to 
        assist in implementing recommendations of the partnership in 
        the petition, including--
                ``(i) any program established under the Federal Water 
            Pollution Control Act (33 U.S.C. 1251 et seq.);
                ``(ii) the program established under section 6217 of 
            the Coastal Zone Act Reauthorization Amendments of 1990 (16 
            U.S.C. 1455b);
                ``(iii) the agricultural water quality protection 
            program established under chapter 2 of subtitle D of title 
            XII of the Food Security Act of 1985 (16 U.S.C. 3838 et 
            seq.);
                ``(iv) the sole source aquifer protection program 
            established under section 1427;
                ``(v) the community wellhead protection program 
            established under section 1428;
                ``(vi) any pesticide or ground water management plan;
                ``(vii) any voluntary agricultural resource management 
            plan or voluntary whole farm or whole ranch management plan 
            developed and implemented under a process established by 
            the Secretary of Agriculture; and
                ``(viii) any abandoned well closure program; and
            ``(C) a description of activities that will be undertaken 
        to coordinate Federal and State programs to respond to the 
        petition.
        ``(3) Disapproval.--If the State disapproves a petition 
    submitted under subsection (a), the State shall notify the entity 
    submitting the petition in writing of the reasons for disapproval. 
    A petition may be resubmitted at any time if--
            ``(A) new information becomes available;
            ``(B) conditions affecting the source water that is the 
        subject of the petition change; or
            ``(C) modifications are made in the type of assistance 
        being requested.
    ``(c) Grants to Support State Programs.--
        ``(1) In general.--The Administrator may make a grant to each 
    State that establishes a program under this section that is 
    approved under paragraph (2). The amount of each grant shall not 
    exceed 50 percent of the cost of administering the program for the 
    year in which the grant is available.
        ``(2) Approval.--In order to receive grant assistance under 
    this subsection, a State shall submit to the Administrator for 
    approval a plan for a source water quality protection partnership 
    program that is consistent with the guidance published under 
    subsection (d). The Administrator shall approve the plan if the 
    plan is consistent with the guidance published under subsection 
    (d).
    ``(d) Guidance.--
        ``(1) In general.--Not later than 1 year after the date of 
    enactment of this section, the Administrator, in consultation with 
    the States, shall publish guidance to assist--
            ``(A) States in the development of a source water quality 
        protection partnership program; and
            ``(B) municipal or local governments or political 
        subdivisions of a State and community water systems in the 
        development of source water quality protection partnerships and 
        in the assessment of source water quality.
        ``(2) Contents of the guidance.--The guidance shall, at a 
    minimum--
            ``(A) recommend procedures for the approval or disapproval 
        by a State of a petition submitted under subsection (a);
            ``(B) recommend procedures for the submission of petitions 
        developed under subsection (a);
            ``(C) recommend criteria for the assessment of source water 
        areas within a State; and
            ``(D) describe technical or financial assistance pursuant 
        to Federal and State programs that is available to address the 
        contamination of sources of drinking water and to develop and 
        respond to petitions submitted under subsection (a).
    ``(e) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section $5,000,000 for each of the 
fiscal years 1997 through 2003. Each State with a plan for a program 
approved under subsection (b) shall receive an equitable portion of the 
funds available for any fiscal year.
    ``(f) Statutory Construction.--Nothing in this section--
        ``(1)(A) creates or conveys new authority to a State, political 
    subdivision of a State, or community water system for any new 
    regulatory measure; or
        ``(B) limits any authority of a State, political subdivision, 
    or community water system; or
        ``(2) precludes a community water system, municipal or local 
    government, or political subdivision of a government from locally 
    developing and carrying out a voluntary, incentive-based, source 
    water quality protection partnership to address the origins of 
    drinking water contaminants of public health concern.''.
    (b) Sense of the Congress.--It is the sense of the Congress that 
each State in establishing priorities under section 606(c)(1) of the 
Federal Water Pollution Control Act should give special consideration 
to projects that are eligible for funding under that Act and have been 
recommended pursuant to a petition submitted under section 1454 of the 
Safe Drinking Water Act.

SEC. 134. WATER CONSERVATION PLAN.

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


                        ``WATER CONSERVATION PLAN

    ``Sec. 1455. (a) Guidelines.--Not later than 2 years after the date 
of 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) 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 loan 
fund under section 1452, to submit with its application for such loan 
or grant a water conservation plan consistent with such guidelines.''.

SEC. 135. DRINKING WATER ASSISTANCE TO COLONIAS.

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


                         ``ASSISTANCE TO COLONIAS

    ``Sec. 1456. (a) Definitions.--As used in this section:
        ``(1) Border state.--The term `border State' means Arizona, 
    California, New Mexico, and Texas.
        ``(2) Eligible community.--The term `eligible community' means 
    a low-income community with economic hardship that--
            ``(A) is commonly referred to as a colonia;
            ``(B) is located along the United States-Mexico border 
        (generally in an unincorporated area); and
            ``(C) lacks a safe drinking water supply or adequate 
        facilities for the provision of safe drinking water for human 
        consumption.
    ``(b) Grants To Alleviate Health Risks.--The Administrator of the 
Environmental Protection Agency and the heads of other appropriate 
Federal agencies are authorized to award grants to a border State to 
provide assistance to eligible communities to facilitate compliance 
with national primary drinking water regulations or otherwise 
significantly further the health protection objectives of this title.
    ``(c) Use of Funds.--Each grant awarded pursuant to subsection (b) 
shall be used to provide assistance to one or more eligible communities 
with respect to which the residents are subject to a significant health 
risk (as determined by the Administrator or the head of the Federal 
agency making the grant) attributable to the lack of access to an 
adequate and affordable drinking water supply system.
    ``(d) Cost Sharing.--The amount of a grant awarded pursuant to this 
section shall not exceed 50 percent of the costs of carrying out the 
project that is the subject of the grant.
    ``(e) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section $25,000,000 for each of the 
fiscal years 1997 through 1999.''.

SEC. 136. ESTROGENIC SUBSTANCES SCREENING PROGRAM.

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


                ``ESTROGENIC SUBSTANCES SCREENING PROGRAM

    ``Sec. 1457. In addition to the substances referred to in section 
408(p)(3)(B) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 
346a(p)(3)(B)) the Administrator may provide for testing under the 
screening program authorized by section 408(p) of such Act, in 
accordance with the provisions of section 408(p) of such Act, 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.''.

SEC. 137. DRINKING WATER STUDIES.

    Part E (42 U.S.C. 300j et seq.) is amended by adding after section 
1457 the following:


                         ``drinking water studies

    ``Sec. 1458. (a) Subpopulations at Greater Risk.--
        ``(1) In general.--The Administrator shall conduct a continuing 
    program of studies to identify groups within the general population 
    that may be 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.
        ``(2) Report.--Not later than 4 years after the date of 
    enactment of this subsection and periodically thereafter as new and 
    significant information becomes available, the Administrator shall 
    report to the Congress on the results of the studies.
    ``(b) Biological Mechanisms.--The Administrator shall conduct 
biomedical studies to--
        ``(1) understand the 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 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, not 
    later than 180 days after the date of enactment of this section and 
    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.
    ``(d) Waterborne Disease Occurrence Study.--
        ``(1) System.--The Director of the Centers for Disease Control 
    and Prevention, and the Administrator shall jointly--
            ``(A) within 2 years after the date of enactment of this 
        section, conduct pilot waterborne disease occurrence studies 
        for at least 5 major United States communities or public water 
        systems; and
            ``(B) within 5 years after the date of enactment of this 
        section, prepare a report on the findings of the pilot studies, 
        and a national estimate of waterborne disease occurrence.
        ``(2) 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.
        ``(3) Funding.--There are authorized to be appropriated for 
    each of the fiscal years 1997 through 2001, $3,000,000 to carry out 
    this subsection. To the extent funds under this subsection 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 subsection. The 
    Administrator may transfer a portion of such funds to the Centers 
    for Disease Control and Prevention for such purposes.''.

                   TITLE II--DRINKING WATER RESEARCH

SEC. 201. DRINKING WATER RESEARCH AUTHORIZATION.

    Other than amounts authorized to be appropriated to the 
Administrator of the Environmental Protection Agency under other titles 
of this Act, there are authorized to be appropriated such additional 
sums as may be necessary for drinking water research for fiscal years 
1997 through 2003. The annual total of such additional sums authorized 
to be appropriated under this section shall not exceed $26,593,000.

SEC. 202. SCIENTIFIC RESEARCH REVIEW.

    (a) In General.--The Administrator shall--
        (1) develop a strategic plan for drinking water research 
    activities throughout the Environmental Protection Agency (in this 
    section referred to as the ``Agency'');
        (2) integrate that strategic plan into ongoing Agency planning 
    activities; and
        (3) review 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) Plan.--The Administrator shall transmit the plan to the 
Committees on Commerce and Science of the House of Representatives and 
the Committee on Environment and Public Works of the Senate and the 
plan shall be made available to the public.

SEC. 203. NATIONAL CENTER FOR GROUND WATER RESEARCH.

    The Administrator of the Environmental Protection Agency, acting 
through the Robert S. Kerr Environmental Research Laboratory, is 
authorized to reestablish a partnership between the Laboratory and the 
National Center for Ground Water Research, a university consortium, to 
conduct research, training, and technology transfer for ground water 
quality protection and restoration. No funds are authorized by this 
section.

                  TITLE III--MISCELLANEOUS PROVISIONS

SEC. 301. WATER RETURN FLOWS.

    Section 3013 of Public Law 102-486 (42 U.S.C. 13551) is repealed.

SEC. 302. TRANSFER OF FUNDS.

    (a) In General.--Notwithstanding any other provision of law, at any 
time after the date 1 year after a State establishes a State loan fund 
pursuant to section 1452 of the Safe Drinking Water Act but prior to 
fiscal year 2002, a Governor of the State may--
        (1) reserve up to 33 percent of a capitalization grant made 
    pursuant to such section 1452 and add the funds reserved to any 
    funds provided to the State pursuant to section 601 of the Federal 
    Water Pollution Control Act (33 U.S.C. 1381); and
        (2) reserve in any year a dollar amount up to the dollar amount 
    that may be reserved under paragraph (1) for that year from 
    capitalization grants made pursuant to section 601 of such Act (33 
    U.S.C. 1381) and add the reserved funds to any funds provided to 
    the State pursuant to section 1452 of the Safe Drinking Water Act.
    (b) Report.--Not later than 4 years after the date of enactment of 
this Act, the Administrator shall submit a report to the Congress 
regarding the implementation of this section, together with the 
Administrator's recommendations, if any, for modifications or 
improvement.
    (c) State Match.--Funds reserved pursuant to this section shall not 
be considered to be a State match of a capitalization grant required 
pursuant to section 1452 of the Safe Drinking Water Act or the Federal 
Water Pollution Control Act (33 U.S.C. 1251 et seq.).

SEC. 303. GRANTS TO ALASKA TO IMPROVE SANITATION IN RURAL AND NATIVE 
              VILLAGES.

    (a) In General.--The Administrator of the Environmental Protection 
Agency may make grants to the State of Alaska for the benefit of rural 
and Native villages in Alaska to pay the Federal share of the cost of--
        (1) the development and construction of public water systems 
    and wastewater systems to improve the health and sanitation 
    conditions in the villages; and
        (2) training, technical assistance, and educational programs 
    relating to the operation and management of sanitation services in 
    rural and Native villages.
    (b) Federal Share.--The Federal share of the cost of the activities 
described in subsection (a) shall be 50 percent.
    (c) Administrative Expenses.--The State of Alaska may use an amount 
not to exceed 4 percent of any grant made available under this 
subsection for administrative expenses necessary to carry out the 
activities described in subsection (a).
    (d) Consultation With the State of Alaska.--The Administrator shall 
consult with the State of Alaska on a method of prioritizing the 
allocation of grants under subsection (a) according to the needs of, 
and relative health and sanitation conditions in, each eligible 
village.
    (e) Authorization of Appropriations.--There are authorized to be 
appropriated $15,000,000 for each of the fiscal years 1997 through 2000 
to carry out this section.

SEC. 304. SENSE OF THE CONGRESS.

    It is the sense of the Congress that appropriations for grants 
under section 128 (relating to New York City watershed), section 135 
(relating to colonias), and section 307 (relating to Alaska Native 
villages) should not be provided if such appropriations would prevent 
the adequate capitalization of State revolving loan funds.

SEC. 305. 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 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 Safe Drinking Water 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.
    ``(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 Safe Drinking Water Act 
    (42 U.S.C. 300g-1), 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 Safe Drinking Water Act (42 
    U.S.C. 300g-1), 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 the Safe Drinking Water 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 enactment of the Safe 
    Drinking Water Act Amendments of 1996).''.

SEC. 306. WASHINGTON AQUEDUCT.

    (a) Definitions.--In this section:
        (1) Non-federal public water supply customer.--The terms ``non-
    Federal public water supply customer'' and ``customer'' mean--
            (A) the District of Columbia;
            (B) Arlington County, Virginia; and
            (C) the city of Falls Church, Virginia.
        (2) Secretary.--The term ``Secretary'' means the Secretary of 
    the Army, acting through the Chief of Engineers.
        (3) Value to the government.--The term ``value to the 
    Government'' means the net present value of a contract entered into 
    under subsection (e)(2), calculated in accordance with 
    subparagraphs (A) and (B) of section 502(5) of the Congressional 
    Budget Act of 1974 (2 U.S.C. 66la(5)), other than section 
    502(5)(B)(I) of the Act, as though the contract provided for 
    repayment of a direct loan to a customer.
        (4) Washington aqueduct.--The term ``Washington Aqueduct'' 
    means the Washington Aqueduct facilities and related facilities 
    owned by the Federal Government as of the date of enactment of this 
    Act, including--
            (A) the dams, intake works, conduits, and pump stations 
        that capture and transport raw water from the Potomac River to 
        the Dalecarlia Reservoir;
            (B) the infrastructure and appurtenances used to treat 
        water taken from the Potomac River to potable standards; and
            (C) related water distribution facilities.
    (b) Regional Entity.--
        (1) In general.--The Congress encourages and grants consent to 
    the customers to establish a non-Federal public or private entity, 
    or to enter into an agreement with an existing non-Federal public 
    or private entity, to--
            (A) receive title to the Washington Aqueduct; and
            (B) operate, maintain, and manage the Washington Aqueduct 
        in a manner that adequately represents all interests of its 
        customers.
        (2) Consideration.--If an entity receiving title to the 
    Washington Aqueduct is not composed entirely of non-Federal public 
    water supply customers, the entity shall consider the customers' 
    historical provision of equity for the Aqueduct.
        (3) Priority access.--The customers shall have priority access 
    to any water produced by the Washington Aqueduct.
        (4) Consent of the congress.--The Congress grants consent to 
    the customers to enter into any interstate agreement or compact 
    required to carry out this section.
        (5) Statutory construction.--This section shall not preclude 
    the customers from pursuing any option regarding ownership, 
    operation, maintenance, and management of the Washington Aqueduct.
    (c) Progress Report and Plan.--Not later than 1 year after the date 
of enactment of this Act, the Secretary shall report to the Committee 
on Environment and Public Works of the Senate and the Committee on 
Transportation and Infrastructure of the House of Representatives on 
any progress in achieving the objectives of subsection (b)(1) and shall 
submit a plan for the transfer of ownership, operation, maintenance, 
and management of the Washington Aqueduct to a non-Federal public or 
private entity. Such plan shall include a detailed consideration of any 
proposal to transfer such ownership, maintenance, or management to a 
private entity.
    (d) Transfer.--
        (1) In general.--Subject to subsection (b)(2), the other 
    provisions of this subsection, and any other terms and conditions 
    the Secretary considers appropriate to protect the interests of the 
    United States, the Secretary shall, not later than 3 years after 
    the date of enactment of this Act and with the consent of a 
    majority of the customers and without consideration to the Federal 
    Government, transfer all right, title, and interest of the United 
    States in the Washington Aqueduct, and its real property, 
    facilities, and personalty, to a non-Federal, public or private 
    entity. Approval of such transfer shall not be unreasonably 
    withheld by the Secretary.
        (2) Adequate capabilities.--The Secretary shall transfer 
    ownership of the Washington Aqueduct under paragraph (1) only if 
    the Secretary determines, after opportunity for public input, that 
    the entity to receive ownership of the Aqueduct has the technical, 
    managerial, and financial capability to operate, maintain, and 
    manage the Aqueduct.
        (3) Responsibilities.--The Secretary shall not transfer title 
    under this subsection unless the entity to receive title assumes 
    full responsibility for performing and financing the operation, 
    maintenance, repair, replacement, rehabilitation, and necessary 
    capital improvements of the Washington Aqueduct so as to ensure the 
    continued operation of the Washington Aqueduct consistent with the 
    Aqueduct's intended purpose of providing an uninterrupted supply of 
    potable water sufficient to meet the current and future needs of 
    the Aqueduct's service area.
    (e) Borrowing Authority.--
        (1) Borrowing.--
            (A) In general.--Subject to the other provisions of this 
        paragraph and paragraph (2), the Secretary is authorized to 
        borrow from the Treasury of the United States such amounts for 
        fiscal years 1997, 1998, and 1999 as are sufficient to cover 
        any obligations that the Army Corps of Engineers is required to 
        incur in carrying out capital improvements during fiscal years 
        1997, 1998, and 1999 for the Washington Aqueduct to ensure 
        continued operation of the Aqueduct until such time as a 
        transfer of title to the Aqueduct has taken place.
            (E) Limitation.--The amount borrowed by the Secretary under 
        subparagraph (A) may not exceed $29,000,000 for fiscal year 
        1997, $24,000,000 for fiscal year 1998, and $22,000,000 for 
        fiscal year 1999.
            (C) Agreement.--Amounts borrowed under subparagraph (A) may 
        only be used for capital improvements agreed to by the Army 
        Corps of Engineers and the customers.
            (D) Terms of borrowing.--
                (i) In general.--The Secretary of the Treasury shall 
            provide the funds borrowed under subparagraph (A) under 
            such terms and conditions as the Secretary of Treasury 
            determines to be necessary and in the public interest and 
            subject to the contracts required under paragraph (2).
                (ii) Term.--The term of any loan made under 
            subparagraph (A) shall be for a period of not less than 20 
            years.
                (iii) Prepayment.--There shall be no penalty for the 
            prepayment of any amounts borrowed under subparagraph (A).
        (2) Contracts with customers.--
            (A) In general.--The borrowing authority under paragraph 
        (1)(A) shall be effective only after the Chief of Engineers has 
        entered into contracts with each customer under which the 
        customer commits to repay a pro rata share (based on water 
        purchase) of the principal and interest owed by the Secretary 
        to the Secretary of the Treasury under paragraph (1).
            (B) Prepayment.--Any customer may repay, at any time, the 
        pro rata share of the principal and interest then owed by the 
        customer and outstanding, or any portion thereof, without 
        penalty.
            (C) Risk of default.--Under each of the contracts, the 
        customer that enters into the contract shall commit to pay any 
        additional amount necessary to fully offset the risk of default 
        on the contract.
            (D) Obligations.--Each contract under subparagraph (A) 
        shall include such terms and conditions as the Secretary of the 
        Treasury may require so that the value to the Government of the 
        contracts entered into under subparagraph (A) is estimated to 
        be equal to the obligations of the Army Corps of Engineers for 
        carrying out capital improvements at the Washington Aqueduct at 
        the time that each series of contracts is entered into.
            (E) Other conditions.--Each contract entered into under 
        subparagraph (A) shall--
                (i) provide that the customer pledges future income 
            only from fees assessed for principal and interest payments 
            required by such contracts and costs to operate and 
            maintain the Washington Aqueduct;
                (ii) provide the United States priority in regard to 
            income from fees assessed to operate and maintain the 
            Washington Aqueduct; and
                (iii) include other conditions consistent with this 
            section that the Secretary of the Treasury determines to be 
            appropriate.
        (3) Limitations.--
            (A) Borrowing authority.--The Secretary's borrowing 
        authority for making capital improvements at the Washington 
        Aqueduct under paragraph (1) shall not extend beyond fiscal 
        year 1999.
            (B) Obligation authority.--Upon expiration of the borrowing 
        authority exercised under paragraph (1), the Secretary shall 
        not obligate funds for making capital improvements at the 
        Washington Aqueduct except funds which are provided in advance 
        by the customers. This limitation does not affect the 
        Secretary's authority to conduct normal operation and 
        maintenance activities, including minor repair and replacement 
        work.
        (4) Impact on improvement program.--Not later than 180 days 
    after the date of enactment of this Act, the Secretary, in 
    consultation with other Federal agencies, shall transmit to the 
    Committee on Environment and Public Works of the Senate and the 
    Committee on Transportation and Infrastructure of the House of 
    Representatives a report that assesses the impact of the borrowing 
    authority provided under this subsection on the near-term 
    improvement projects in the Washington Aqueduct Improvement 
    Program, work scheduled, and the financial liability to be 
    incurred.
    (f) Reissuance of NPDES Permit.--Prior to reissuing a National 
Pollutant Discharge Elimination System (NPDES) permit for the 
Washington Aqueduct, the Administrator of the Environmental Protection 
Agency shall consult with the customers and the Secretary regarding 
opportunities for more efficient water facility configurations that 
might be achieved through various possible transfers of the Washington 
Aqueduct. Such consultation shall include specific consideration of 
concerns regarding a proposed solids recovery facility, and may include 
a public hearing.

SEC. 307. WASTEWATER ASSISTANCE TO COLONIAS.

    (a) Definitions.--As used in this section:
        (1) Border state.--The term ``border State'' means Arizona, 
    California, New Mexico, and Texas.
        (2) Eligible community.--The term ``eligible community'' means 
    a low-income community with economic hardship that--
            (A) is commonly referred to as a colonia;
            (B) is located along the United States-Mexico border 
        (generally in an unincorporated area); and
            (C) lacks basic sanitation facilities such as household 
        plumbing or a proper sewage disposal system.
        (3) Treatment works.--The term ``treatment works'' has the 
    meaning provided in section 212(2) of the Federal Water Pollution 
    Control Act (33 U.S.C. 1292(2)).
    (b) Grants for Wastewater Assistance.--The Administrator of the 
Environmental Protection Agency and the heads of other appropriate 
Federal agencies are authorized to award grants to a border State to 
provide assistance to eligible communities for the planning, design, 
and construction or improvement of sewers, treatment works, and 
appropriate connections for wastewater treatment.
    (c) Use of Funds.--Each grant awarded pursuant to subsection (b) 
shall be used to provide assistance to one or more eligible communities 
with respect to which the residents are subject to a significant health 
risk (as determined by the Administrator or the head of the Federal 
agency making the grant) attributable to the lack of access to an 
adequate and affordable treatment works for wastewater.
    (d) Cost Sharing.--The amount of a grant awarded pursuant to this 
section shall not exceed 50 percent of the costs of carrying out the 
project that is the subject of the grant.
    (e) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section $25,000,000 for each of the 
fiscal years 1997 through 1999.

SEC. 308. PREVENTION AND CONTROL OF ZEBRA MUSSEL INFESTATION OF LAKE 
              CHAMPLAIN.

    (a) Findings.--Section 1002(a) of the Nonindigenous Aquatic 
Nuisance Prevention and Control Act of 1990 (16 U.S.C. 4701(a)) is 
amended as follows:
        (1) By striking ``and'' at the end of paragraph (3).
        (2) By striking the period at the end of paragraph (4) and 
    inserting ``; and''.
        (3) By adding at the end the following new paragraph:
        ``(5) the zebra mussel was discovered on Lake Champlain during 
    1993 and the opportunity exists to act quickly to establish zebra 
    mussel controls before Lake Champlain is further infested and 
    management costs escalate.''.
    (b) Ex Officio Members of Aquatic Nuisance Species Task Force.--
Section 1201(c) of such Act (16 U.S.C. 4721(c)) is amended by inserting 
``, the Lake Champlain Basin Program,'' after ``Great Lakes 
Commission''.

TITLE IV--ADDITIONAL ASSISTANCE FOR WATER INFRASTRUCTURE AND WATERSHEDS

SEC. 401. NATIONAL PROGRAM.

    (a) Technical and Financial Assistance.--The Administrator of the 
Environmental Protection Agency 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.--
        (1) Unconditional authorization.--There are authorized to be 
    appropriated to carry out this section $25,000,000 for each of 
    fiscal years 1997 through 2003. Such sums shall remain available 
    until expended.
        (2) Conditional authorization.--In addition to amounts 
    authorized under paragraph (1), there are authorized to be 
    appropriated to carry out this title $25,000,000 for each of fiscal 
    years 1997 through 2003, provided that such authorization 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 1452(m) of the Safe Drinking Water Act are 
    appropriated.
    (e) 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.
    (f) Federal Share.--The Federal share of the cost of activities for 
which grants are made under this title shall be 50 percent.
    (g) Definitions.--In this section, the following definitions apply:
        (1) State.--The term ``State'' means a State, the District of 
    Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, 
    Guam, American Samoa, and the Commonwealth of the Northern Mariana 
    Islands.
        (2) 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 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 V--CLERICAL AMENDMENTS

SEC. 501. CLERICAL AMENDMENTS.

    (a) Part B.--Part B (42 U.S.C. 300g et seq.) is amended as follows:
        (1) In section 1412(b), move the margins of paragraph (11) 2 
    ems to the right.
        (2) In section 1412(b)(8), strike ``1442(g)'' and insert 
    ``1442(e)''.
        (3) In section 1415(a)(1)(A), insert ``the'' before ``time the 
    variance is granted''.
    (b) Part C.--Part C (42 U.S.C. 300h et seq.) is amended as follows:
        (1) In section 1421(b)(3)(B)(i), strike ``number or States'' 
    and inserting ``number of States''.
        (2) In section 1427(k), strike ``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(b)) 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:


                              ``SHORT TITLE

    ``Sec. 1400. This title may be cited as the `Safe Drinking Water 
Act'.''.
    (f) Technical Amendments to Section Headings.--
        (1) The section heading and subsection designation of 
    subsection (a) of section 1417 (42 U.S.C. 300g-6) are amended to 
    read as follows:


           ``PROHIBITION ON USE OF LEAD PIPES, SOLDER, AND FLUX

    ``Sec. 1417. (a)''.
        (2) The section heading and subsection designation of 
    subsection (a) of section 1426 (42 U.S.C. 300h-5) are amended to 
    read as follows:


                      ``REGULATION OF STATE PROGRAMS

    ``Sec. 1426. (a)''.
        (3) The section heading and subsection designation of 
    subsection (a) of section 1427 (42 U.S.C. 300h-6) are amended to 
    read as follows:


               ``SOLE SOURCE AQUIFER DEMONSTRATION PROGRAM

    ``Sec. 1427. (a)''.
        (4) The section heading and subsection designation of 
    subsection (a) of section 1428 (42 U.S.C. 300h-7) are amended to 
    read as follows:


         ``STATE PROGRAMS TO ESTABLISH WELLHEAD PROTECTION AREAS

    ``Sec. 1428. (a)''.
        (5) The section heading and subsection designation of 
    subsection (a) of section 1432 (42 U.S.C. 300i-1) are amended to 
    read as follows:


                  ``TAMPERING WITH PUBLIC WATER SYSTEMS

    ``Sec. 1432. (a)''.
        (6) The section heading and subsection designation of 
    subsection (a) of section 1451 (42 U.S.C. 300j-11) are amended to 
    read as follows:


                             ``INDIAN TRIBES

    ``Sec. 1451. (a)''.
        (7) The section heading and first word of section 1461 (42 
    U.S.C. 300j-21) are amended to read as follows:


                              ``DEFINITIONS

    ``Sec. 1461. As''.
        (8) The section heading and first word of section 1462 (42 
    U.S.C. 300j-22) are amended to read as follows:


         ``RECALL OF DRINKING WATER COOLERS WITH LEAD-LINED TANKS

    ``Sec. 1462. For''.
        (9) The section heading and subsection designation of 
    subsection (a) of section 1463 (42 U.S.C. 300j-23) are amended to 
    read as follows:


                 ``DRINKING WATER COOLERS CONTAINING LEAD

    ``Sec. 1463. (a)''.
        (10) The section heading and subsection designation of 
    subsection (a) of section 1464 (42 U.S.C. 300j-24) are amended to 
    read as follows:


              ``LEAD CONTAMINATION IN SCHOOL DRINKING WATER

    ``Sec. 1464. (a)''.
        (11) The section heading and subsection designation of 
    subsection (a) of section 1465 (42 U.S.C. 300j-25) are amended to 
    read as follows:


  ``FEDERAL ASSISTANCE FOR STATE PROGRAMS REGARDING LEAD CONTAMINATION 
                        IN SCHOOL DRINKING WATER

    ``Sec. 1465. (a)''.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.