[Congressional Record Volume 142, Number 106 (Thursday, July 18, 1996)]
[Senate]
[Pages S8311-S8327]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




               SAFE DRINKING WATER ACT AMENDMENTS OF 1996

  Mr. ROTH. Mr. President, I ask that the Chair lay before the Senate a 
message from the House of Representatives on S 1316, a bill to 
reauthorize and amend title XIV of the Public Health Service Act, 
commonly known as the Safe Drinking Water Act, and for other purposes.
  The PRESIDING OFFICER laid before the Senate the following message 
from the House of Representatives:

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

     SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.

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

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

                     TITLE I--PUBLIC WATER SYSTEMS

Subtitle A--Promulgation of National Primary Drinking Water Regulations

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

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

Sec.  121. State primacy.

                Subtitle C--Notification and Enforcement

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

                  Subtitle D--Exemptions and Variances

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

                  Subtitle E--Lead Plumbing and Pipes

Sec. 151. Lead plumbing and pipes.

                    Subtitle F--Capacity Development

Sec. 161. Capacity development.

                     TITLE II--AMENDMENTS TO PART C

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

    TITLE III--GENERAL PROVISIONS REGARDING SAFE DRINKING WATER ACT

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

                        TITLE IV--MISCELLANEOUS

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

 TITLE V--ADDITIONAL ASSISTANCE FOR WATER INFRASTRUCTURE AND WATERSHEDS

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

            TITLE VI--DRINKING WATER RESEARCH AUTHORIZATION

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

     SEC. 2. REFERENCES; EFFECTIVE DATE; DISCLAIMER.

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

     The Administrator shall identify in the agency's annual 
     budget all funding and full-time equivalents administering 
     such title XIV separately from funding and staffing for the 
     Federal Water Pollution Control Act.
                     TITLE I--PUBLIC WATER SYSTEMS
Subtitle A--Promulgation of National Primary Drinking Water Regulations

     SEC. 101. SELECTION OF ADDITIONAL CONTAMINANTS.

       (a) In General.--Section 1412(b)(3) (42 U.S.C. 300g-
     1(b)(3)) is amended to read as follows:
       ``(3) Regulation of unregulated contaminants.--
       ``(A) Listing of contaminants for consideration.--(i) Not 
     later than 18 months after the date of the enactment of the 
     Safe Drinking Water Act Amendments of 1996 and every 5 years 
     thereafter, the Administrator, after consultation with the 
     scientific community, including the Science Advisory Board, 
     after notice and opportunity for public comment, and after 
     considering the occurrence data base established under 
     section 1445(g), shall publish a list of contaminants which, 
     at the time of publication, are not subject to any proposed 
     or promulgated national primary drinking water regulation, 
     which are known or anticipated to occur in public water 
     systems, and which may require regulation under this title.
       ``(ii) The unregulated contaminants considered under clause 
     (i) shall include, but not be

[[Page S8312]]

     limited to, substances referred to in section 101(14) of the 
     Comprehensive Environmental Response, Compensation, and 
     Liability Act of 1980, and substances registered as 
     pesticides under the Federal Insecticide, Fungicide, and 
     Rodenticide Act.
       ``(iii) The Administrator's decision whether or not to 
     select an unregulated contaminant for a list under this 
     subparagraph shall not be subject to judicial review.
       ``(B) Determination to regulate.--(i) Not later than 5 
     years after the date of the enactment of the Safe Drinking 
     Water Act Amendments of 1996, and every 5 years thereafter, 
     the Administrator shall, by rule, for not fewer than 5 
     contaminants included on the list published under 
     subparagraph (A), make determinations of whether or not to 
     regulate such contaminants.
       ``(ii) A determination to regulate a contaminant shall be 
     based on findings that--
       ``(I) the contaminant is known to occur or there is a 
     substantial likelihood that the contaminant will occur in 
     public water systems with a frequency and at a level of 
     public health concern; and
       ``(II) regulation of such contaminant presents a meaningful 
     opportunity for public health risk reduction for persons 
     served by public water systems.

     Such findings shall be based on the best available public 
     health information, including the occurrence data base 
     established under section 1445(g).
       ``(iii) The Administrator may make a determination to 
     regulate a contaminant that does not appear on a list under 
     subparagraph (A) if the determination to regulate is made 
     pursuant to clause (ii).
       ``(iv) A determination under this subparagraph not to 
     regulate a contaminant shall be considered final agency 
     action and subject to judicial review.
       ``(C) Priorities.--In selecting unregulated contaminants 
     for consideration under subparagraph (B), the Administrator 
     shall select contaminants that present the greatest public 
     health concern. The Administrator, in making such selection, 
     shall take into consideration, among other factors of public 
     health concern, the effect of such contaminants upon 
     subgroups that comprise a meaningful portion of the general 
     population (such as infants, children, pregnant women, the 
     elderly, individuals with a history of serious illness, or 
     other subpopulations) that are identifiable as being at 
     greater risk of adverse health effects due to exposure to 
     contaminants in drinking water than the general population.
       ``(D) Regulation.--For each contaminant that the 
     Administrator determines to regulate under subparagraph (B), 
     the Administrator shall promulgate, by rule, maximum 
     contaminant level goals and national primary drinking water 
     regulations under this subsection. The Administrator shall 
     propose the maximum contaminant level goal and national 
     primary drinking water regulation not later than 24 months 
     after the determination to regulate under subparagraph (B), 
     and may publish such proposed regulation concurrent with the 
     determination to regulate. The Administrator shall promulgate 
     a maximum contaminant level goal and national primary 
     drinking water regulation within 18 months after the proposal 
     thereof. The Administrator, by notice in the Federal 
     Register, may extend the deadline for such promulgation for 
     up to 9 months.
       ``(E) Health advisories and other actions.--The 
     Administrator may publish health advisories (which are not 
     regulations) or take other appropriate actions for 
     contaminants not subject to any national primary drinking 
     water regulation.''.
       (b) Applicability of Prior Requirements.--The requirements 
     of subparagraphs (C) and (D) of section 1412(b)(3) of title 
     XIV of the Public Health Service Act (commonly known as the 
     Safe Drinking Water Act) as in effect before the enactment of 
     this Act, and any obligation to promulgate regulations 
     pursuant to such subparagraphs not promulgated as of the date 
     of enactment of this Act, are superseded by the amendments 
     made by subsection (a) to such subparagraphs (C) and (D).

     SEC. 102. DISINFECTANTS AND DISINFECTION BYPRODUCTS.

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

     SEC. 103. LIMITED ALTERNATIVE TO FILTRATION.

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

     SEC. 104. STANDARD-SETTING.

       (a) In General.--Section 1412(b) (42 U.S.C. 300g-1(b)) is 
     amended as follows:
       (1) In paragraph (4)--
       (A) by striking ``(4) Each'' and inserting the following:
       ``(4) Goals and standards.--
       ``(A) Maximum contaminant level goals.--Each'';
       (B) in the last sentence--
       (i) by striking ``Each national'' and inserting the 
     following:
       ``(B) Maximum contaminant levels.-- Except as provided in 
     paragraphs (5) and (6), each national''; and
       (ii) by striking ``maximum level'' and inserting ``maximum 
     contaminant level''; and
       (C) by adding at the end the following:
       ``(C) Determination.--At the time the Administrator 
     proposes a national primary drinking water regulation under 
     this paragraph, the Administrator shall publish a 
     determination as to whether the benefits of the maximum 
     contaminant level justify, or do not justify, the costs based 
     on the analysis conducted under paragraph (12)(C).''.
       (2) By striking ``(5) For the'' and inserting the 
     following:
       ``(D) Definition of feasible.--For the''.
       (3) In the second sentence of paragraph (4)(D) (as so 
     designated), by striking ``paragraph (4)'' and inserting 
     ``this paragraph''.
       (4) By striking ``(6) Each national'' and inserting the 
     following:
       ``(E) Feasible technologies.--
       ``(i) Each national''.
       (5) In paragraph (4)(E)(i) (as so designated), by striking 
     ``this paragraph'' and inserting ``this subsection''.
       (6) By inserting after paragraph (4) (as so amended) the 
     following:
       ``(5) Additional health risk considerations.--
       ``(A) In general.--Notwithstanding paragraph (4), the 
     Administrator may establish a maximum contaminant level for a 
     contaminant at a level other than the feasible level, if the 
     technology, treatment techniques, and other means used to 
     determine the feasible level would result in an increase in 
     the health risk from drinking water by--
       ``(i) increasing the concentration of other contaminants in 
     drinking water; or
       ``(ii) interfering with the efficacy of drinking water 
     treatment techniques or processes that are used to comply 
     with other national primary drinking water regulations.
       ``(B) Establishment of level.--If the Administrator 
     establishes a maximum contaminant level or levels or requires 
     the use of treatment techniques for any contaminant or 
     contaminants pursuant to the authority of this paragraph--
       ``(i) the level or levels or treatment techniques shall 
     minimize the overall risk of adverse health effects by 
     balancing the risk from the contaminant and the risk from 
     other contaminants the concentrations of which may be 
     affected by the use of a treatment technique or process that 
     would be employed to attain the maximum contaminant level or 
     levels; and
       ``(ii) the combination of technology, treatment techniques, 
     or other means required to meet the level or levels shall not 
     be more stringent than is feasible (as defined in paragraph 
     (4)(D)).
       ``(6) Additional health risk reduction and cost 
     considerations.--
       ``(A) In general.--Notwithstanding paragraph (4), if the 
     Administrator determines based on an analysis conducted under 
     paragraph (12)(C) that the benefits of a maximum contaminant 
     level promulgated in accordance with paragraph (4) would not 
     justify the costs of complying with the level, the 
     Administrator may, after notice and opportunity for public 
     comment, promulgate a maximum contaminant level for the 
     contaminant that maximizes health risk reduction benefits at 
     a cost that is justified by the benefits.
       ``(B) Exception.--The Administrator shall not use the 
     authority of this paragraph to promulgate a maximum 
     contaminant level for a contaminant, if the benefits of 
     compliance with a national primary drinking water regulation 
     for the contaminant that would be promulgated in accordance 
     with paragraph (4) experienced by--
       ``(i) persons served by large public water systems; and
       ``(ii) persons served by such other systems as are 
     unlikely, based on information provided by

[[Page S8313]]

     the States, to receive a variance under section 1415(e) 
     (relating to small system assistance program);

     would justify the costs to the systems of complying with the 
     regulation. This subparagraph shall not apply if the 
     contaminant is found almost exclusively in small systems (as 
     defined in section 1415(e), relating to small system 
     assistance program).
       ``(C) Disinfectants and disinfection byproducts.--The 
     Administrator may not use the authority of this paragraph to 
     establish a maximum contaminant level in a Stage I or Stage 
     II national primary drinking water regulation for 
     contaminants that are disinfectants or disinfection 
     byproducts (as described in paragraph (3)(F)), or to 
     establish a maximum contaminant level or treatment technique 
     requirement for the control of cryptosporidium. The authority 
     of this paragraph may be used to establish regulations for 
     the use of disinfection by systems relying on ground water 
     sources as required by paragraph (8).
       ``(D) Judicial review.--A determination by the 
     Administrator that the benefits of a maximum contaminant 
     level or treatment requirement justify or do not justify the 
     costs of complying with the level shall be reviewed by the 
     court pursuant to section 1448 only as part of a review of a 
     final national primary drinking water regulation that has 
     been promulgated based on the determination and shall not be 
     set aside by the court under that section unless the court 
     finds that the determination is arbitrary and capricious.''.
       (b) Disinfectants and Disinfection Byproducts.--The 
     Administrator of the Environmental Protection Agency may use 
     the authority of section 1412(b)(5) of the Public Health 
     Service Act (as amended by this Act) to promulgate the Stage 
     I and Stage II rules for disinfectants and disinfection 
     byproducts as proposed in volume 59, Federal Register, page 
     38668 (July 29, 1994). The considerations used in the 
     development of the July 29, 1994, proposed national primary 
     drinking water regulation on Disinfection and Disinfection 
     Byproducts shall be treated as consistent with such section 
     1412(b)(5) for purposes of such Stage I and Stage II rules.
       (c) Review of Standards.--Section 1412(b)(9) (42 U.S.C. 
     300g-1(b)) is amended to read as follows:
       ``(9) Review and revision.--The Administrator shall, not 
     less often than every 6 years, review and revise, as 
     appropriate, each national primary drinking water regulation 
     promulgated under this title. Any revision of a national 
     primary drinking water regulation shall be promulgated in 
     accordance with this section, except that each revision shall 
     maintain, or provide for greater, protection of the health of 
     persons.''.

     SEC. 105. GROUND WATER DISINFECTION.

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

     SEC. 106. EFFECTIVE DATE FOR REGULATIONS.

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

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

       Section 1412(b) (42 U.S.C. 300g-1(b)) is amended by 
     inserting after paragraph (11) the following:
       ``(12) Risk assessment, management and communication.--
       ``(A) Use of science in decisionmaking.--In carrying out 
     this section, and, to the degree that an Agency action is 
     based on science, the Administrator shall use--
       ``(i) the best available, peer-reviewed science and 
     supporting studies conducted in accordance with sound and 
     objective scientific practices; and
       ``(ii) data collected by accepted methods or best available 
     methods (if the reliability of the method and the nature of 
     the decision justifies use of the data).
       ``(B) Public information.--In carrying out this section, 
     the Administrator shall ensure that the presentation of 
     information on public health effects is comprehensive, 
     informative and understandable. The Administrator shall, in a 
     document made available to the public in support of a 
     regulation promulgated under this section, specify, to the 
     extent practicable--
       ``(i) each population addressed by any estimate of public 
     health effects;
       ``(ii) the expected risk or central estimate of risk for 
     the specific populations;
       ``(iii) each appropriate upper-bound or lower-bound 
     estimate of risk;
       ``(iv) each significant uncertainty identified in the 
     process of the assessment of public health effects and 
     studies that would assist in resolving the uncertainty; and
       ``(v) peer-reviewed studies known to the Administrator that 
     support, are directly relevant to, or fail to support any 
     estimate of public health effects and the methodology used to 
     reconcile inconsistencies in the scientific data.
       ``(C) Health risk reduction and cost analysis.--
       ``(i) Maximum contaminant levels.--When proposing any 
     national primary drinking water regulation that includes a 
     maximum contaminant level, the Administrator shall, with 
     respect to a maximum contaminant level that is being 
     considered in accordance with paragraph (4) and each 
     alternative maximum contaminant level that is being 
     considered pursuant to paragraph (5) or (6)(A), publish, seek 
     public comment on, and use for the purposes of paragraphs 
     (4), (5), and (6) an analysis of:

       ``(I) Quantifiable and nonquantifiable health risk 
     reduction benefits for which there is a factual basis in the 
     rulemaking record to conclude that such benefits are likely 
     to occur as the result of treatment to comply with each 
     level.
       ``(II) Quantifiable and nonquantifiable health risk 
     reduction benefits for which there is a factual basis in the 
     rulemaking record to conclude that such benefits are likely 
     to occur from reductions in co-occurring contaminants that 
     may be attributed solely to compliance with the maximum 
     contaminant level, excluding benefits resulting from 
     compliance with other proposed or promulgated regulations.
       ``(III) Quantifiable and nonquantifiable costs for which 
     there is a factual basis in the rulemaking record to conclude 
     that such costs are likely to occur solely as a result of 
     compliance with the maximum contaminant level, including 
     monitoring, treatment, and other costs and excluding costs 
     resulting from compliance with other proposed or promulgated 
     regulations.
       ``(IV) The incremental costs and benefits associated with 
     each alternative maximum contaminant level considered.
       ``(V) The effects of the contaminant on the general 
     population and on groups within the general population such 
     as infants, children, pregnant women, the elderly, 
     individuals with a history of serious illness, or other 
     subpopulations that are identified as likely to be at greater 
     risk of adverse health effects due to exposure to 
     contaminants in drinking water than the general population.
       ``(VI) Any increased health risk that may occur as the 
     result of compliance, including risks associated with co-
     occurring contaminants.
       ``(VII) Other relevant factors, including the quality and 
     extent of the information, the uncertainties in the analysis 
     supporting subclauses (I) through (VI), and factors with 
     respect to the degree and nature of the risk.

       ``(ii) Treatment techniques.--When proposing a national 
     primary drinking water regulation that includes a treatment 
     technique in accordance with paragraph (7)(A), the 
     Administrator shall publish and seek public comment on an 
     analysis of the health risk reduction benefits and costs 
     likely to be experienced as the result of compliance with the 
     treatment technique and alternative treatment techniques that 
     are being considered, taking into account, as appropriate, 
     the factors described in clause (i).
       ``(iii) Approaches to measure and value benefits.--The 
     Administrator may identify valid approaches for the 
     measurement and valuation of benefits under this 
     subparagraph, including approaches to identify consumer 
     willingness to pay for reductions in health risks from 
     drinking water contaminants.
       ``(iv) Authorization.--There are authorized to be 
     appropriated to the Administrator, acting through the Office 
     of Ground Water and Drinking Water, to conduct studies, 
     assessments, and analyses in support of regulations or the 
     development of methods, $35,000,000 for each of fiscal years 
     1996 through 2003.''.

     SEC. 108. RADON, ARSENIC, AND SULFATE.

       Section 1412(b) is amended by inserting after paragraph 
     (12) the following:
       ``(13) Certain contaminants.--
       ``(A) Radon.--Any proposal published by the Administrator 
     before the enactment of the Safe Drinking Water Act 
     Amendments of 1996 to establish a national primary drinking 
     water standard for radon shall be withdrawn by the 
     Administrator. Notwithstanding any provision of any law 
     enacted prior to the enactment of the Safe Drinking Water Act 
     Amendments of 1996, within 3 years of such date of enactment, 
     the Administrator shall propose and promulgate a national 
     primary drinking water regulation for radon under this 
     section, as amended by the Safe Drinking Water Act Amendments 
     of 1996. In undertaking any risk analysis and benefit cost 
     analysis in connection with the promulgation of such 
     standard, the Administrator shall take into account the costs 
     and benefits of control programs for radon from other 
     sources.
       ``(B) Arsenic.--(i) Notwithstanding the deadlines set forth 
     in paragraph (1), the Administrator shall promulgate a 
     national primary drinking water regulation for arsenic 
     pursuant to this subsection, in accordance with the schedule 
     established by this paragraph.
       ``(ii) Not later than 180 days after the date of enactment 
     of this paragraph, the Administrator shall develop a 
     comprehensive plan for study in

[[Page S8314]]

     support of drinking water rulemaking to reduce the 
     uncertainty in assessing health risks associated with 
     exposure to low levels of arsenic. In conducting such study, 
     the Administrator shall consult with the National Academy of 
     Sciences, other Federal agencies, and interested public and 
     private entities.
       ``(iii) In carrying out the study plan, the Administrator 
     may enter into cooperative agreements with other Federal 
     agencies, State and local governments, and other interested 
     public and private entities.
       ``(iv) The Administrator shall propose a national primary 
     drinking water regulation for arsenic not later than January 
     1, 2000.
       ``(v) Not later than January 1, 2001, after notice and 
     opportunity for public comment, the Administrator shall 
     promulgate a national primary drinking water regulation for 
     arsenic.
       ``(vi) There are authorized to be appropriated $2,000,000 
     for each of fiscal years 1997 through 2001 for the studies 
     required by this paragraph.
       ``(C) Sulfate.--
       ``(i) Additional study.--Prior to promulgating a national 
     primary drinking water regulation for sulfate, the 
     Administrator and the Director of the Centers for Disease 
     Control and Prevention shall jointly conduct an additional 
     study to establish a reliable dose-response relationship for 
     the adverse human health effects that may result from 
     exposure to sulfate in drinking water, including the health 
     effects that may be experienced by groups within the general 
     population (including infants and travelers) that are 
     potentially at greater risk of adverse health effects as the 
     result of such exposure. The study shall be conducted in 
     consultation with interested States, shall be based on the 
     best available, peer-reviewed science and supporting studies 
     conducted in accordance with sound and objective scientific 
     practices.
       ``(ii) Proposed and final rule.--Notwithstanding the 
     deadlines set forth in paragraph (1), the Administrator may, 
     pursuant to the authorities of this subsection and after 
     notice and opportunity for public comment, promulgate a final 
     national primary drinking water regulation for sulfate. Any 
     such regulation shall include requirements for public 
     notification and options for the provision of alternative 
     water supplies to populations at risk as a means of complying 
     with the regulation in lieu of a best available treatment 
     technology or other means.''.

     SEC. 109. URGENT THREATS TO PUBLIC HEALTH.

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

     SEC. 110. RECYCLING OF FILTER BACKWASH.

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

     SEC. 111. TREATMENT TECHNOLOGIES FOR SMALL SYSTEMS.

       (a) List of Technologies for Small Systems.--Section 
     1412(b)(4)(E) (42 U.S.C. 300g-1(b)(4)(E)), is amended by 
     adding at the end the following:
       ``(ii) The Administrator shall include in the list any 
     technology, treatment technique, or other means that is 
     affordable for small public water systems serving--

       ``(I) a population of 10,000 or fewer but more than 3,300;
       ``(II) a population of 3,300 or fewer but more than 500; 
     and
       ``(III) a population of 500 or fewer but more than 25;

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

     SEC. 121. STATE PRIMACY.

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

     SEC. 131. PUBLIC NOTIFICATION.

       Section 1414(c) (42 U.S.C. 300g-3(c)) is amended to read as 
     follows:
       ``(c) Notice to Persons Served.--
       ``(1) In general.--Each owner or operator of a public water 
     system shall give notice of each of the following to the 
     persons served by the system:
       ``(A) Notice of any failure on the part of the public water 
     system to--
       ``(i) comply with an applicable maximum contaminant level 
     or treatment technique requirement of, or a testing procedure 
     prescribed by, a national primary drinking water regulation; 
     or
       ``(ii) perform monitoring required by section 1445(a).
       ``(B) If the public water system is subject to a variance 
     granted under subsection (a)(1)(A), (a)(2), or (e) of section 
     1415 for an inability to meet a maximum contaminant level 
     requirement or is subject to an exemption granted under 
     section 1416, notice of--
       ``(i) the existence of the variance or exemption; and
       ``(ii) any failure to comply with the requirements of any 
     schedule prescribed pursuant to the variance or exemption.
       ``(C) Notice of the concentration level of any unregulated 
     contaminant for which the Administrator has required public 
     notice pursuant to paragraph (2)(E).
       ``(2) Form, manner, and frequency of notice.--
       ``(A) In general.--The Administrator shall, by regulation, 
     and after consultation with the States, prescribe the manner, 
     frequency, form, and content for giving notice under this 
     subsection. The regulations shall--
       ``(i) provide for different frequencies of notice based on 
     the differences between violations that are intermittent or 
     infrequent and violations that are continuous or frequent; 
     and

[[Page S8315]]

       ``(ii) take into account the seriousness of any potential 
     adverse health effects that may be involved.
       ``(B) State requirements.--
       ``(i) In general.--A State may, by rule, establish 
     alternative notification requirements--

       ``(I) with respect to the form and content of notice given 
     under and in a manner in accordance with subparagraph (C); 
     and
       ``(II) with respect to the form and content of notice given 
     under subparagraph (D).

       ``(ii) Contents.--The alternative requirements shall 
     provide the same type and amount of information as required 
     pursuant to this subsection and regulations issued under 
     subparagraph (A).
       ``(iii) Relationship to section 1413.--Nothing in this 
     subparagraph shall be construed or applied to modify the 
     requirements of section 1413.
       ``(C) Violations with potential to have serious adverse 
     effects on human health.--Regulations issued under 
     subparagraph (A) shall specify notification procedures for 
     each violation by a public water system that has the 
     potential to have serious adverse effects on human health as 
     a result of short-term exposure. Each notice of violation 
     provided under this subparagraph shall--
       ``(i) be distributed as soon as practicable after the 
     occurrence of the violation, but not later than 24 hours 
     after the occurrence of the violation;
       ``(ii) provide a clear and readily understandable 
     explanation of--

       ``(I) the violation;
       ``(II) the potential adverse effects on human health;
       ``(III) the steps that the public water system is taking to 
     correct the violation; and
       ``(IV) the necessity of seeking alternative water supplies 
     until the violation is corrected;

       ``(iii) be provided to the Administrator or the head of the 
     State agency that has primary enforcement responsibility 
     under section 1413 as soon as practicable, but not later than 
     24 hours after the occurrence of the violation; and
       ``(iv) as required by the State agency in general 
     regulations of the State agency, or on a case-by-case basis 
     after the consultation referred to in clause (iii), 
     considering the health risks involved--

       ``(I) be provided to appropriate broadcast media;
       ``(II) be prominently published in a newspaper of general 
     circulation serving the area not later than 1 day after 
     distribution of a notice pursuant to clause (i) or the date 
     of publication of the next issue of the newspaper; or
       ``(III) be provided by posting or door-to-door notification 
     in lieu of notification by means of broadcast media or 
     newspaper.

       ``(D) Written notice.--
       ``(i) In general.--Regulations issued under subparagraph 
     (A) shall specify notification procedures for violations 
     other than the violations covered by subparagraph (C). The 
     procedures shall specify that a public water system shall 
     provide written notice to each person served by the system by 
     notice (I) in the first bill (if any) prepared after the date 
     of occurrence of the violation, (II) in an annual report 
     issued not later than 1 year after the date of occurrence of 
     the violation, or (III) by mail or direct delivery as soon as 
     practicable, but not later than 1 year after the date of 
     occurrence of the violation.
       ``(ii) Form and manner of notice.--The Administrator shall 
     prescribe the form and manner of the notice to provide a 
     clear and readily understandable explanation of the 
     violation, any potential adverse health effects, and the 
     steps that the system is taking to seek alternative water 
     supplies, if any, until the violation is corrected.
       ``(E) Unregulated contaminants.--The Administrator may 
     require the owner or operator of a public water system to 
     give notice to the persons served by the system of the 
     concentration levels of an unregulated contaminant required 
     to be monitored under section 1445(a).
       ``(3) Reports.--
       ``(A) Annual report by state.--
       ``(i) In general.--Not later than January 1, 1998, and 
     annually thereafter, each State that has primary enforcement 
     responsibility under section 1413 shall prepare, make readily 
     available to the public, and submit to the Administrator an 
     annual report on violations of national primary drinking 
     water regulations by public water systems in the State, 
     including violations with respect to (I) maximum contaminant 
     levels, (II) treatment requirements, (III) variances and 
     exemptions, and (IV) monitoring requirements determined to be 
     significant by the Administrator after consultation with the 
     States.
       ``(ii) Distribution.--The State shall publish and 
     distribute summaries of the report and indicate where the 
     full report is available for review.
       ``(B) Annual report by administrator.--Not later than July 
     1, 1998, and annually thereafter, the Administrator shall 
     prepare and make available to the public an annual report 
     summarizing and evaluating reports submitted by States 
     pursuant to subparagraph (A) and notices submitted by public 
     water systems serving Indian Tribes provided to the 
     Administrator pursuant to subparagraph (C) or (D) of 
     paragraph (2) and making recommendations concerning the 
     resources needed to improve compliance with this title. The 
     report shall include information about public water system 
     compliance on Indian reservations and about enforcement 
     activities undertaken and financial assistance provided by 
     the Administrator on Indian reservations, and shall make 
     specific recommendations concerning the resources needed to 
     improve compliance with this title on Indian reservations.
       ``(4) Consumer confidence reports by community water 
     systems.--
       ``(A) Annual reports to consumers.--The Administrator, in 
     consultation with public water systems, environmental groups, 
     public interest groups, risk communication experts, and the 
     States, and other interested parties, shall issue regulations 
     within 24 months after the date of the enactment of this 
     paragraph to require each community water system to mail to 
     each customer of the system at least once annually a report 
     on the level of contaminants in the drinking water purveyed 
     by that system (hereinafter in this paragraph referred to as 
     a `consumer confidence report'). Such regulations shall 
     provide a brief and plainly worded definition of the terms 
     `maximum contaminant level goal' and `maximum contaminant 
     level' and brief statements in plain language regarding the 
     health concerns that resulted in regulation of each regulated 
     contaminant. The regulations shall also provide for an 
     Environmental Protection Agency toll-free hot-line that 
     consumers can call for more information and explanation.
       ``(B) Contents of report.--The consumer confidence reports 
     under this paragraph shall include, but not be limited to, 
     each of the following:
       ``(i) Information on the source of the water purveyed.
       ``(ii) A brief and plainly worded definition of the terms 
     `maximum contaminant level goal' and `maximum contaminant 
     level', as provided in the regulations of the Administrator.
       ``(iii) If any regulated contaminant is detected in the 
     water purveyed by the public water system, a statement 
     setting forth (I) the maximum contaminant level goal, (II) 
     the maximum contaminant level, (III) the level of such 
     contaminant in such water system, and (IV) for any regulated 
     contaminant for which there has been a violation of the 
     maximum contaminant level during the year concerned, the 
     brief statement in plain language regarding the health 
     concerns that resulted in regulation of such contaminant, as 
     provided by the Administrator in regulations under 
     subparagraph (A).
       ``(iv) Information on compliance with national primary 
     drinking water regulations.
       ``(v) Information on the levels of unregulated contaminants 
     for which monitoring is required under section 1445(a)(2) 
     (including levels of cryptosporidium and radon where States 
     determine they may be found).
       ``(vi) A statement that more information about contaminants 
     and potential health effects can be obtained by calling the 
     Environmental Protection Agency hot line.

     A public water system may include such additional information 
     as it deems appropriate for public education. The 
     Administrator may, for not more than 3 regulated contaminants 
     other than those referred to in subclause (IV) of clause 
     (iii), require a consumer confidence report under this 
     paragraph to include the brief statement in plain language 
     regarding the health concerns that resulted in regulation of 
     the contaminant or contaminants concerned, as provided by the 
     Administrator in regulations under subparagraph (A).
       ``(C) Coverage.--The Governor of a State may determine not 
     to apply the mailing requirement of subparagraph (A) to a 
     community water system serving fewer than 10,000 persons. Any 
     such system shall--
       ``(i) inform its customers that the system will not be 
     complying with subparagraph (A),
       ``(ii) make information available upon request to the 
     public regarding the quality of the water supplied by such 
     system, and
       ``(iii) publish the report referred to in subparagraph (A) 
     annually in one or more local newspapers serving the area in 
     which customers of the system are located.
       ``(D) Alternative form and content.--A State exercising 
     primary enforcement responsibility may establish, by rule, 
     after notice and public comment, alternative requirements 
     with respect to the form and content of consumer confidence 
     reports under this paragraph.''.

     SEC. 132. ENFORCEMENT.

       (a) In General.--Section 1414 (42 U.S.C. 300g-3) is amended 
     as follows:
       (1) In subsection (a):
       (A) In paragraph (1)(A)(i), by striking ``any national 
     primary drinking water regulation in effect under section 
     1412'' and inserting ``any applicable requirement'', and by 
     striking ``with such regulation or requirement'' in the 
     matter following clause (ii) and inserting ``with the 
     requirement''.
       (B) In paragraph (1)(B), by striking ``regulation or'' and 
     inserting ``applicable''.
       (C) By amending paragraph (2) to read as follows:
       ``(2) Enforcement in nonprimacy states.--
       ``(A) In general.--If, on the basis of information 
     available to the Administrator, the Administrator finds, with 
     respect to a period in which a State does not have primary 
     enforcement responsibility for public water systems, that a 
     public water system in the State--
       ``(i) for which a variance under section 1415 or an 
     exemption under section 1416 is not in effect, does not 
     comply with any applicable requirement; or
       ``(ii) for which a variance under section 1415 or an 
     exemption under section 1416 is in effect, does not comply 
     with any schedule or other requirement imposed pursuant to 
     the variance or exemption;

     the Administrator shall issue an order under subsection (g) 
     requiring the public water system to comply with the 
     requirement, or commence a civil action under subsection (b).
       ``(B) Notice.--If the Administrator takes any action 
     pursuant to this paragraph, the Administrator shall notify an 
     appropriate local elected official, if any, with jurisdiction 
     over the public water system of the action prior to the time 
     that the action is taken.''.
       (2) In subsection (b), in the first sentence, by striking 
     ``a national primary drinking water regulation'' and 
     inserting ``any applicable requirement''.
       (3) In subsection (g):

[[Page S8316]]

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

     SEC. 133. JUDICIAL REVIEW

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

     SEC. 141. EXEMPTIONS.

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

     SEC. 142. VARIANCES.

       (a) BAAT Variance.--Section 1415 (42 U.S.C. 300g-4) is 
     amended by adding the following at the end thereof:
       ``(e) Small System Assistance Program.--
       ``(1) BAAT variances.--In the case of public water systems 
     serving 3,300 persons or fewer, a variance under this section 
     shall be granted by a State which has primary enforcement 
     responsibility for public water systems allowing the use of 
     Best Available Affordable Technology in lieu of best 
     technology or other means where--
       ``(A) no best technology or other means is listed under 
     section 1412(b)(4)(E) for the applicable category of public 
     water systems;

[[Page S8317]]

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

     SEC. 151. LEAD PLUMBING AND PIPES.

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

     SEC. 161. CAPACITY DEVELOPMENT.

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

     ``SEC. 1419. CAPACITY DEVELOPMENT.

       ``(a) State Authority for New Systems.--Each State shall 
     obtain the legal authority or other means to ensure that all 
     new community water systems and new nontransient, 
     noncommunity water systems commencing operation after October 
     1, 1999, demonstrate technical, managerial, and financial 
     capacity with respect to each national primary drinking water 
     regulation in effect, or likely to be in effect, on the date 
     of commencement of operations.
       ``(b) Systems in Significant Noncompliance.--
       ``(1) List.--Beginning not later than 1 year after the date 
     of enactment of this section, each

[[Page S8318]]

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

     SEC. 201. SOURCE WATER QUALITY ASSESSMENT.

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

[[Page S8319]]

       (B) strike ``Such'' in the last sentence and inserting ``In 
     the case of wellhead protection programs, such''.

     SEC. 202. FEDERAL FACILITIES.

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

     ``SEC. 1429. FEDERAL FACILITIES.

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

     SEC. 301. OPERATOR CERTIFICATION.

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

     SEC. 302. TECHNICAL ASSISTANCE.

       Section 1442(e) (42 U.S.C. 300j-1(e)), relating to 
     technical assistance for small systems, is amended to read as 
     follows:
       ``(e) Technical Assistance.--The Administrator may provide 
     technical assistance to small public water systems to enable 
     such systems to achieve and maintain compliance with 
     applicable national primary drinking water regulations. Such 
     assistance may include circuit-rider programs, training, and 
     preliminary engineering evaluations. There is authorized to 
     be appropriated to the Administrator to be used for such 
     technical assistance $15,000,000 for fiscal years

[[Page S8320]]

     1997 through 2003. No portion of any State revolving fund 
     established under section 1452 (relating to State revolving 
     funds) and no portion of any funds made available under this 
     subsection may be used either directly or indirectly for 
     lobbying expenses. Of the total amount appropriated under 
     this subsection, 3 percent shall be used for technical 
     assistance to public water systems owned or operated by 
     Indian tribes.''.

     SEC. 303. PUBLIC WATER SYSTEM SUPERVISION PROGRAM.

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

     SEC. 304. MONITORING AND INFORMATION GATHERING.

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

     ``SEC. 1418. MONITORING OF CONTAMINANTS.

       ``(a) Interim Monitoring Relief Authority.--(1) A State 
     exercising primary enforcement responsibility for public 
     water systems may modify the monitoring requirements for any 
     regulated or unregulated contaminants for which monitoring is 
     required other than microbial contaminants (or indicators 
     thereof), disinfectants and disinfection byproducts or 
     corrosion byproducts for an interim period to provide that 
     any public water system serving 10,000 persons or fewer shall 
     not be required to conduct additional quarterly monitoring 
     during an interim relief period for such contaminants if--
       ``(A) monitoring, conducted at the beginning of the period 
     for the contaminant concerned and certified to the State by 
     the public water system, fails to detect the presence of the 
     contaminant in the ground or surface water supplying the 
     public water system, and
       ``(B) the State, (considering the hydrogeology of the area 
     and other relevant factors), determines in writing that the 
     contaminant is unlikely to be detected by further monitoring 
     during such period.
       ``(2) The interim relief period referred to in paragraph 
     (1) shall terminate when permanent monitoring relief is 
     adopted and approved for such State, or at the end of 36 
     months after the enactment of the Safe Drinking Water Act 
     Amendments of 1996, whichever comes first. In order to serve 
     as a basis for interim relief, the monitoring conducted at 
     the beginning of the period must occur at the time determined 
     by the State to be the time of the public water system's 
     greatest vulnerability to the contaminant concerned in the 
     relevant ground or surface water, taking into account in the 
     case of pesticides the time of application of the pesticide 
     for the source water area and the travel time for the 
     pesticide to reach such waters and taking into account, in 
     the case of other contaminants, seasonality of precipitation 
     and contaminant travel time.
       ``(b) Permanent Monitoring Relief Authority.--(1) Each 
     State exercising primary enforcement responsibility for 
     public water systems under this title and having an approved 
     wellhead protection program and a source water assessment 
     program may adopt, in accordance with guidance published by 
     the Administrator, and submit to the Administrator as 
     provided in section 1428(c), tailored alternative monitoring 
     requirements for public water systems in such State (as an 
     alternative to the monitoring requirements for chemical 
     contaminants set forth in the applicable national primary 
     drinking water regulations) where the State concludes that 
     (based on data available at the time of adoption concerning 
     susceptibility, use, occurrence, wellhead protection, or from 
     the State's drinking water source water assessment program) 
     such alternative monitoring would provide assurance that it 
     complies with the Administrator's guidelines. The State 
     program must be adequate to assure compliance with, and 
     enforcement of, applicable national primary drinking water 
     regulations. Alternative monitoring shall not apply to 
     regulated microbiological contaminants (or indicators 
     thereof), disinfectants and disinfection by-products, or 
     corrosion by-products. The preceding sentence is not intended 
     to limit other authority of the Administrator under other 
     provisions of this title to grant monitoring flexibility.
       ``(2)(A) The Administrator shall issue, after notice and 
     comment and at the same time as guidelines are issued for 
     source water assessment under section 1428(l), guidelines for 
     States to follow in proposing alternative monitoring 
     requirements under paragraph (1) of this subsection for 
     chemical contaminants. The Administrator shall publish such 
     guidelines in the Federal Register. The guidelines shall 
     assure that the public health will be protected from drinking 
     water contamination. The guidelines shall require that a 
     State alternative monitoring program apply on a contaminant-
     by-contaminant basis and that, to be eligible for such 
     alternative monitoring program, a public water system must 
     show the State that the contaminant is not present in the 
     drinking water supply or, if present, it is reliably and 
     consistently below the maximum contaminant level.
       ``(B) For purposes of subparagraph (A), the phrase 
     `reliably and consistently below the maximum contaminant 
     level' means that, although contaminants have been detected 
     in a water supply, the State has sufficient knowledge of the 
     contamination source and extent of contamination to predict 
     that the maximum contaminant level will not be exceeded. In 
     determining that a contaminant is reliably and consistently 
     below the maximum contaminant level, States shall consider 
     the quality and completeness of data, the length of time 
     covered and the volatility or stability of monitoring results 
     during that time, and the proximity of such results to the 
     maximum contaminant level. Wide variations in the analytical 
     results, or analytical results close to the maximum 
     contaminant level, shall not be considered to be reliably and 
     consistently below the maximum contaminant level.
       ``(3) The guidelines issued by the Administrator under 
     paragraph (2) shall require that if, after the monitoring 
     program is in effect and operating, a contaminant covered by 
     the alternative monitoring program is detected at levels at 
     or above the maximum contaminant level or is no longer 
     reliably or consistently below the maximum contaminant level, 
     the public water system must either--
       ``(A) demonstrate that the contamination source has been 
     removed or that other action has been taken to eliminate the 
     contamination problem, or
       ``(B) test for the detected contaminant pursuant to the 
     applicable national primary drinking water regulation.
       ``(c) Treatment as NPDWR.--All monitoring relief granted by 
     a State to a public water system for a regulated contaminant 
     under subsection (a) or (b) shall be treated as part of the 
     national primary drinking water regulation for that 
     contaminant.
       ``(d) Other Monitoring Relief.--Nothing in this section 
     shall be construed to affect the authority of the States 
     under applicable national primary drinking water regulations 
     to alter monitoring requirements through waivers or other 
     existing authorities. The Administrator shall periodically 
     review and, as appropriate, revise such authorities.''.
       (c) Unregulated Contaminants.--Section 1445(a) (42 U.S.C. 
     300j-4(a)) is amended by striking paragraphs (2) through (8) 
     and inserting the following:
       ``(2) Monitoring program for unregulated contaminants.--
       ``(A) Establishment.--The Administrator shall promulgate 
     regulations establishing the criteria for a monitoring 
     program for unregulated contaminants. The regulations shall 
     require monitoring of drinking water supplied by

[[Page S8321]]

     public water systems and shall vary the frequency and 
     schedule for monitoring requirements for systems based on the 
     number of persons served by the system, the source of supply, 
     and the contaminants likely to be found.
       ``(B) Monitoring program for certain unregulated 
     contaminants.--
       ``(i) Initial list.--Not later than 3 years after the date 
     of enactment of the Safe Drinking Water Amendments of 1996 
     and every 5 years thereafter, the Administrator shall issue a 
     list pursuant to subparagraph (A) of not more than 40 
     unregulated contaminants to be monitored by public water 
     systems and to be included in the national drinking water 
     occurrence data base maintained pursuant to subsection (g).
       ``(ii) Governors' petition.--The Administrator shall 
     include among the list of contaminants for which monitoring 
     is required under this paragraph each contaminant recommended 
     in a petition signed by the Governor of each of 7 or more 
     States, unless the Administrator determines that the action 
     would prevent the listing of other contaminants of a higher 
     public health concern.
       ``(C) Monitoring plan for small and medium systems.--
       ``(i) In general.--Based on the regulations promulgated by 
     the Administrator, each State shall develop a representative 
     monitoring plan to assess the occurrence of unregulated 
     contaminants in public water systems that serve a population 
     of 10,000 or fewer. The plan shall require monitoring for 
     systems representative of different sizes, types, and 
     geographic locations in the State.
       ``(ii) Grants for small system costs.--From funds 
     appropriated under subparagraph (H), the Administrator shall 
     pay the reasonable cost of such testing and laboratory 
     analysis as are necessary to carry out monitoring under the 
     plan.
       ``(D) Monitoring results.--Each public water system that 
     conducts monitoring of unregulated contaminants pursuant to 
     this paragraph shall provide the results of the monitoring to 
     the primary enforcement authority for the system.
       ``(E) Notification.--Notification of the availability of 
     the results of monitoring programs required under paragraph 
     (2)(A) shall be given to the persons served by the system and 
     the Administrator.
       ``(F) Waiver of monitoring requirement.--The Administrator 
     shall waive the requirement for monitoring for a contaminant 
     under this paragraph in a State, if the State demonstrates 
     that the criteria for listing the contaminant do not apply in 
     that State.
       ``(G) Analytical methods.--The State may use screening 
     methods approved by the Administrator under subsection (i) in 
     lieu of monitoring for particular contaminants under this 
     paragraph.
       ``(H) Authorization of appropriations.--There are 
     authorized to be appropriated to carry out this paragraph 
     $10,000,000 for each of the fiscal years 1997 through 
     2003.''.
       (d) Screening Methods.--Section 1445 (42 U.S.C. 300j-4) is 
     amended by adding the following after subsection (h):
       ``(i) Screening Methods.--The Administrator shall review 
     new analytical methods to screen for regulated contaminants 
     and may approve such methods as are more accurate or cost-
     effective than established reference methods for use in 
     compliance monitoring.''.

     SEC. 305. OCCURRENCE DATA BASE.

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

     SEC. 306. CITIZENS SUITS.

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

     SEC. 307. WHISTLE BLOWER.

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

     SEC. 308. STATE REVOLVING FUNDS.

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

     ``SEC. 1452. STATE REVOLVING FUNDS.

       ``(a) General Authority.--
       ``(1) Grants to states to establish revolving funds.--(A) 
     The Administrator shall enter into agreements with eligible 
     States to make capitalization grants, including letters of 
     credit, to the States under this subsection solely to further 
     the health protection objectives of this title, promote the 
     efficient use of fund resources, and for such other purposes 
     as are specified in this title.
       ``(B) To be eligible to receive a capitalization grant 
     under this section, a State shall establish a drinking water 
     treatment revolving loan fund and comply with the other 
     requirements of this section.
       ``(C) Such a grant to a State shall be deposited in the 
     drinking water treatment revolving fund established by the 
     State, except as otherwise provided in this section and in 
     other provisions of this title. No funds authorized by other 
     provisions of this title to be used for other purposes 
     specified in this title shall be deposited in any State 
     revolving fund.
       ``(D) Such a grant to a State shall be available to the 
     State for obligation during the fiscal year for which the 
     funds are authorized and during the following fiscal year, 
     except that grants made available from funds provided in 
     Public Law 103-327, Public Law 103-124, and Public Law 104-
     134 shall be available for obligation during each of the 
     fiscal years 1997 and 1998.

[[Page S8322]]

       ``(E) Except as otherwise provided in this section, funds 
     made available to carry out this part shall be allotted to 
     States that have entered into an agreement pursuant to this 
     section in accordance with--
       ``(i) for each of fiscal years 1995 through 1997, a formula 
     that is the same as the formula used to distribute public 
     water system supervision grant funds under section 1443 in 
     fiscal year 1995, except that the minimum proportionate share 
     established in the formula shall be 1 percent of available 
     funds and the formula shall be adjusted to include a minimum 
     proportionate share for the State of Wyoming; and
       ``(ii) for fiscal year 1998 and each subsequent fiscal 
     year, a formula that allocates to each State the proportional 
     share of the State needs identified in the most recent survey 
     conducted pursuant to section 1452(h), except that the 
     minimum proportionate share provided to each State shall be 
     the same as the minimum proportionate share provided under 
     clause (i).
       ``(F) Such grants not obligated by the last day of the 
     period for which the grants are available shall be reallotted 
     according to the appropriate criteria set forth in 
     subparagraph (E).
       ``(G) The State allotment for a State not exercising 
     primary enforcement responsibility for public water systems 
     shall not be deposited in any such fund but shall be allotted 
     by the Administrator as follows: 20 percent of such allotment 
     shall be available to the Administrator as needed to exercise 
     primary enforcement responsibility under this title in such 
     State and the remainder shall be reallotted to States 
     exercising primary enforcement responsibility for public 
     water systems for deposit in such funds. Whenever the 
     Administrator makes a final determination pursuant to section 
     1413(b) that the requirements of section 1413(a) are no 
     longer being met by a State, additional grants for such State 
     under this title shall be immediately terminated by the 
     Administrator. This subparagraph shall not apply to any State 
     not exercising primary enforcement responsibility for public 
     water systems as of the date of enactment of the Safe 
     Drinking Water Act Amendments of 1996.
       ``(H)(i) Beginning in fiscal year 1999, the Administrator 
     shall withhold 20 percent of each capitalization grant made 
     pursuant to this section to a State if the State has not met 
     the requirements of section 1419 (relating to capacity 
     development).
       ``(ii) The Administrator shall withhold 20 percent of each 
     capitalization grant made pursuant to this section if the 
     State has not met the requirements of subsection (f) of 
     section 1442 (relating to operator certification).
       ``(iii) All funds withheld by the Administrator pursuant to 
     clause (i) shall be reallotted by the Administrator on the 
     basis of the same ratio as is applicable to funds allotted 
     under subparagraph (E). None of the funds reallotted by the 
     Administrator pursuant to this paragraph shall be allotted to 
     a State unless the State has met the requirements of section 
     1419 (relating to capacity development).
       ``(iv) All funds withheld by the Administrator pursuant to 
     clause (ii) shall be reallotted by the Administrator on the 
     basis of the same ratio as applicable to funds allotted under 
     subparagraph (E). None of the funds reallotted by the 
     Administrator pursuant to this paragraph shall be allotted to 
     a State unless the State has met the requirements of 
     subsection (f) of section 1442 (relating to operator 
     certification).
       ``(2) Use of funds.--Except as otherwise authorized by this 
     title, amounts deposited in such revolving funds, including 
     loan repayments and interest earned on such amounts, shall be 
     used only for providing loans, loan guarantees, or as a 
     source of reserve and security for leveraged loans, the 
     proceeds of which are deposited in a State revolving fund 
     established under paragraph (1), or other financial 
     assistance authorized under this section to community water 
     systems and nonprofit noncommunity water systems, other than 
     systems owned by Federal agencies. Such financial assistance 
     may be used by a public water system only for expenditures 
     (not including monitoring, operation, and maintenance 
     expenditures) of a type or category which the Administrator 
     has determined, through guidance, will facilitate compliance 
     with national primary drinking water regulations applicable 
     to such system under section 1412 or otherwise significantly 
     further the health protection objectives of this title. Such 
     funds may also be used to provide loans to a system referred 
     to in section 1401(4)(B) for the purpose of providing the 
     treatment described in section 1401(4)(B)(i)(III). Such funds 
     shall not be used for the acquisition of real property or 
     interests therein, unless such acquisition is integral to a 
     project authorized by this paragraph and the purchase is from 
     a willing seller. Of the amount credited to any revolving 
     fund established under this section in any fiscal year, 15 
     percent shall be available solely for providing loan 
     assistance to public water systems which regularly serve 
     fewer than 10,000 persons.
       ``(3) Limitation.--
       ``(A) In general.--Except as provided in subparagraph (B), 
     no assistance under this part shall be provided to a public 
     water system that--
       ``(i) does not have the technical, managerial, and 
     financial capability to ensure compliance with the 
     requirements of this title; or
       ``(ii) is in significant noncompliance with any requirement 
     of a national primary drinking water regulation or variance.
       ``(B) Restructuring.--A public water system described in 
     subparagraph (A) may receive assistance under this part if--
       ``(i) the owner or operator of the system agrees to 
     undertake feasible and appropriate changes in operations 
     (including ownership, management, accounting, rates, 
     maintenance, consolidation, alternative water supply, or 
     other procedures) if the State determines that such measures 
     are necessary to ensure that the system has the technical, 
     managerial, and financial capability to comply with the 
     requirements of this title over the long term; and
       ``(ii) the use of the assistance will ensure compliance.
       ``(b) Intended Use Plans.--
       ``(1) In general.--After providing for public review and 
     comment, each State that has entered into a capitalization 
     agreement pursuant to this part shall annually prepare a plan 
     that identifies the intended uses of the amounts available to 
     the State loan fund of the State.
       ``(2) Contents.--An intended use plan shall include--
       ``(A) a list of the projects to be assisted in the first 
     fiscal year that begins after the date of the plan, including 
     a description of the project, the expected terms of financial 
     assistance, and the size of the community served;
       ``(B) the criteria and methods established for the 
     distribution of funds; and
       ``(C) a description of the financial status of the State 
     loan fund and the short-term and long-term goals of the State 
     loan fund.
       ``(3) Use of funds.--
       ``(A) In general.--An intended use plan shall provide, to 
     the maximum extent practicable, that priority for the use of 
     funds be given to projects that--
       ``(i) address the most serious risk to human health;
       ``(ii) are necessary to ensure compliance with the 
     requirements of this title (including requirements for 
     filtration); and
       ``(iii) assist systems most in need on a per household 
     basis according to State affordability criteria.
       ``(B) List of projects.--Each State shall, after notice and 
     opportunity for public comment, publish and periodically 
     update a list of projects in the State that are eligible for 
     assistance under this part, including the priority assigned 
     to each project and, to the extent known, the expected 
     funding schedule for each project.
       ``(c) Fund Management.--Each State revolving fund under 
     this section shall be established, maintained, and credited 
     with repayments and interest. The fund corpus shall be 
     available in perpetuity for providing financial assistance 
     under this section. To the extent amounts in each such fund 
     are not required for current obligation or expenditure, such 
     amounts shall be invested in interest bearing obligations.
       ``(d) Assistance for Disadvantaged Communities.--
       ``(1) Loan subsidy.--Notwithstanding any other provision of 
     this section, in any case in which the State makes a loan 
     pursuant to subsection (a)(2) to a disadvantaged community or 
     to a community that the State expects to become a 
     disadvantaged community as the result of a proposed project, 
     the State may provide additional subsidization (including 
     forgiveness of principal).
       ``(2) Total amount of subsidies.--For each fiscal year, the 
     total amount of loan subsidies made by a State pursuant to 
     paragraph (1) may not exceed 30 percent of the amount of the 
     capitalization grant received by the State for the year.
       ``(3) Definition of disadvantaged community.--In this 
     subsection, the term `disadvantaged community' means the 
     service area of a public water system that meets 
     affordability criteria established after public review and 
     comment by the State in which the public water system is 
     located. The Administrator may publish information to assist 
     States in establishing affordability criteria.
       ``(e) State Contribution.--Each agreement under subsection 
     (a) shall require that the State deposit in the State 
     revolving fund from State moneys an amount equal to at least 
     20 percent of the total amount of the grant to be made to the 
     State on or before the date on which the grant payment is 
     made to the State, except that a State shall not be required 
     to deposit such amount into the fund prior to the date on 
     which each grant payment is made for fiscal years 1994, 1995, 
     1996, and 1997 if such State deposits the State contribution 
     amount into the State fund prior to September 30, 1998.
       ``(f) Combined Financial Administration.--Notwithstanding 
     subsection (c), a State may (as a convenience and to avoid 
     unnecessary administrative costs) combine, in accordance with 
     State law, the financial administration of a revolving fund 
     established under this section with the financial 
     administration of any other revolving fund established by the 
     State if otherwise not prohibited by the law under which such 
     revolving fund was established and if the Administrator 
     determines that--
       ``(1) the grants under this section, together with loan 
     repayments and interest, will be separately accounted for and 
     used solely for the purposes specified in this section; and
       ``(2) the authority to establish assistance priorities and 
     carry out oversight and related activities (other than 
     financial administration) with respect to such assistance 
     remains with the State agency having primary responsibility 
     for administration of the State program under section 1413.
       ``(g) Administration.--(1) Each State may annually use up 
     to 4 percent of the funds allotted to the State under this 
     section to cover the reasonable costs of administration of 
     the programs under this section, including the recovery of 
     reasonable costs expended to establish such a fund which are 
     incurred after the date of enactment of this section, and to 
     provide technical assistance to public water systems within 
     the State. For fiscal year 1995 and each fiscal year 
     thereafter, each State with primary enforcement 
     responsibility for public water systems within that State may 
     use up to an additional 10 percent of the funds allotted to 
     the State under this section--
       ``(A) for public water system supervision programs which 
     receive grants under section 1443(a);

[[Page S8323]]

       ``(B) to administer or provide technical assistance through 
     source water protection programs;
       ``(C) to develop and implement a capacity development 
     strategy under section 1419(c); and
       ``(D) for an operator certification program for purposes of 
     meeting the requirements of section 1442(f),

     if the State matches such expenditures with at least an equal 
     amount of State funds. At least half of such match must be 
     additional to the amount expended by the State for public 
     water supervision in fiscal year 1993. An additional 1 
     percent of the funds annually allotted to the State under 
     this section shall be used by each State to provide technical 
     assistance to public water systems in such State. Funds 
     utilized under section 1452(g)(1)(B) shall not be used for 
     enforcement actions or for purposes which do not facilitate 
     compliance with national primary drinking water regulations 
     or otherwise significantly further the health protection 
     objectives of this title.
       ``(2) The Administrator shall publish such guidance and 
     promulgate such regulations as may be necessary to carry out 
     the provisions of this section, including--
       ``(A) provisions to ensure that each State commits and 
     expends funds allotted to the State under this section as 
     efficiently as possible in accordance with this title and 
     applicable State laws,
       ``(B) guidance to prevent waste, fraud, and abuse, and
       ``(C) guidance to avoid the use of funds made available 
     under this section to finance the expansion of any public 
     water system in anticipation of future population growth.

     Such guidance and regulations shall also insure that the 
     States, and public water systems receiving assistance under 
     this section, use accounting, audit, and fiscal procedures 
     that conform to generally accepted accounting standards.
       ``(3) Each State administering a revolving fund and 
     assistance program under this subsection shall publish and 
     submit to the Administrator a report every 2 years on its 
     activities under this subsection, including the findings of 
     the most recent audit of the fund and the entire State 
     allotment. The Administrator shall periodically audit all 
     revolving funds established by, and all other amounts 
     allotted to, the States pursuant to this subsection in 
     accordance with procedures established by the Comptroller 
     General.
       ``(h) Needs Survey.--The Administrator shall conduct an 
     assessment of water system capital improvements needs of all 
     eligible public water systems in the United States and submit 
     a report to the Congress containing the results of such 
     assessment within 180 days after the date of the enactment of 
     the Safe Drinking Water Act Amendments of 1996 and every 4 
     years thereafter.
       ``(i) Indian Tribes.--1\1/2\ percent of the amounts 
     appropriated annually to carry out this section may be used 
     by the Administrator to make grants to Indian Tribes and 
     Alaskan Native Villages which are not otherwise eligible to 
     receive either grants from the Administrator under this 
     section or assistance from State revolving funds established 
     under this section. Such grants may only be used for 
     expenditures by such tribes and villages for public water 
     system expenditures referred to in subsection (a)(2).
       ``(j) Other Areas.--Of the funds annually available under 
     this section for grants to States, the Administrator shall 
     make allotments in accordance with section 1443(a)(4) for the 
     District of Columbia, the Virgin Islands, the Commonwealth of 
     the Northern Mariana Islands, American Samoa, Guam, and the 
     Republic of Palau. The grants allotted as provided in this 
     subsection may be provided by the Administrator to the 
     governments of such areas, to public water systems in such 
     areas, or to both, to be used for the public water system 
     expenditures referred to in subsection (a)(2). Such grants 
     shall not be deposited in revolving funds. The total 
     allotment of grants under this section for all areas 
     described in this paragraph in any fiscal year shall not 
     exceed 1 percent of the aggregate amount made available to 
     carry out this section in that fiscal year.
       ``(k) Set-Asides.--
       ``(1) In general.--Notwithstanding subsection (a)(2), a 
     State may take each of the following actions:
       ``(A) Provide assistance, only in the form of a loan to one 
     or both of the following:
       ``(i) Any public water system described in subsection 
     (a)(2) to acquire land or a conservation easement from a 
     willing seller or grantor, if the purpose of the acquisition 
     is to protect the source water of the system from 
     contamination and to ensure compliance with national primary 
     drinking water regulations.
       ``(ii) Any community water system to implement local, 
     voluntary source water protection measures to protect source 
     water in areas delineated pursuant to section 1428(l), in 
     order to facilitate compliance with national primary drinking 
     water regulations applicable to such system under section 
     1412 or otherwise significantly further the health protection 
     objectives of this title. Funds authorized under this clause 
     may be used to fund only voluntary, incentive-based 
     mechanisms.
       ``(B) Provide assistance, including technical and financial 
     assistance, to any public water system as part of a capacity 
     development strategy developed and implemented in accordance 
     with section 1419(c).
       ``(C) Make expenditures from the capitalization grant of 
     the State for fiscal years 1996 and 1997 to delineate and 
     assess source water protection areas in accordance with 
     section 1428(l), except that funds set aside for such 
     expenditure shall be obligated within 4 fiscal years.
       ``(D) Make expenditures from the fund for the establishment 
     and implementation of wellhead protection programs under 
     section 1428.
       ``(2) Limitation.--For each fiscal year, the total amount 
     of assistance provided and expenditures made by a State under 
     this subsection may not exceed 15 percent of the amount of 
     the capitalization grant received by the State for that year 
     and may not exceed 10 percent of that amount for any one of 
     the following activities:
       ``(A) To acquire land or conservation easements pursuant to 
     paragraph (1)(A)(i).
       ``(B) To provide funding to implement voluntary, incentive-
     based source water quality protection measures pursuant to 
     paragraph (1)(A)(ii).
       ``(C) To provide assistance through a capacity development 
     strategy pursuant to paragraph (1)(B).
       ``(D) To make expenditures to delineate or assess source 
     water protection areas pursuant to paragraph (1)(C).
       ``(E) To make expenditures to establish and implement 
     wellhead protection programs pursuant to paragraph (1)(D).
       ``(3) Statutory construction.--Nothing in this section 
     creates or conveys any new authority to a State, political 
     subdivision of a State, or community water system for any new 
     regulatory measure, or limits any authority of a State, 
     political subdivision of a State or community water system.
       ``(l) Savings.--The failure or inability of any public 
     water system to receive funds under this section or any other 
     loan or grant program, or any delay in obtaining the funds, 
     shall not alter the obligation of the system to comply in a 
     timely manner with all applicable drinking water standards 
     and requirements of this title.
       ``(m) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out the purposes of this section 
     $599,000,000 for the fiscal year 1994 and $1,000,000,000 for 
     each of the fiscal years 1995 through 2003. Sums shall remain 
     available until expended.
       ``(n) Health Effects Studies.--From funds appropriated 
     pursuant to this section for each fiscal year, the 
     Administrator shall reserve $10,000,000 for health effects 
     studies on drinking water contaminants authorized by the Safe 
     Drinking Water Act Amendments of 1996. In allocating funds 
     made available under this subsection, the Administrator shall 
     give priority to studies concerning the health effects of 
     cryptosporidium, disinfection byproducts, and arsenic, and 
     the implementation of a plan for studies of subpopulations at 
     greater risk of adverse effects.
       ``(o) Demonstration Project for State of Virginia.--
     Notwithstanding the other provisions of this subsection 
     limiting the use of funds deposited in a State revolving fund 
     from any State allotment, the State of Virginia may, as a 
     single demonstration and with the approval of the Virginia 
     General Assembly and the Administrator, conduct a program to 
     demonstrate alternative approaches to intergovernmental 
     coordination to assist in the financing of new drinking water 
     facilities in the following rural communities in southwestern 
     Virginia where none exists on the date of the enactment of 
     the Safe Drinking Water Act Amendments of 1996 and where such 
     communities are experiencing economic hardship: Lee County, 
     Wise County, Scott County, Dickenson County, Russell County, 
     Buchanan County, Tazewell County, and the city of Norton, 
     Virginia. The funds allotted to that State and deposited in 
     the State revolving fund may be loaned to a regional 
     endowment fund for the purpose set forth in this paragraph 
     under a plan to be approved by the Administrator. The plan 
     may include an advisory group that includes representatives 
     of such counties.
       ``(p) Small System Technical Assistance.--The Administrator 
     may reserve up to 2 percent of the total funds appropriated 
     pursuant to subsection (m) for each of the fiscal years 1997 
     through 2003 to carry out the provisions of section 1442(e), 
     relating to technical assistance for small systems.''.

     SEC. 309. WATER CONSERVATION PLAN.

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

     ``SEC. 1453. WATER CONSERVATION PLAN.

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

     SEC. 401. DEFINITIONS.

       (a) Alternative Quality Control and Testing Procedures.--
     Section 1401(1)(D) (42 U.S.C. 300f(1)(D)) is amended by 
     adding the following at the end thereof: ``At any time after 
     promulgation of a regulation referred to in this paragraph, 
     the Administrator may add equally effective quality control 
     and testing procedures by guidance published in the Federal 
     Register. Such procedures shall be treated as an alternative 
     for public water systems to the quality control and testing 
     procedures listed in the regulation.''.
       (b) Public Water System.--
       (1) In general.--Section 1401(4) (42 U.S.C. 300f(4)) is 
     amended--
       (A) in the first sentence, by striking ``piped water for 
     human consumption'' and inserting

[[Page S8324]]

     ``water for human consumption through pipes or other 
     constructed conveyances'';
       (B) by redesignating subparagraphs (A) and (B) as clauses 
     (i) and (ii), respectively;
       (C) by striking ``(4) The'' and inserting the following:
       ``(4) Public water system.--
       ``(A) In general.--The''; and
       (D) by adding at the end the following:
       ``(B) Connections.--
       ``(i) In general.--For purposes of subparagraph (A), a 
     connection to a system that delivers water by a constructed 
     conveyance other than a pipe shall not be considered a 
     connection, if--

       ``(I) the water is used exclusively for purposes other than 
     residential uses (consisting of drinking, bathing, and 
     cooking, or other similar uses);
       ``(II) the Administrator or the State (in the case of a 
     State exercising primary enforcement responsibility for 
     public water systems) determines that alternative water to 
     achieve the equivalent level of public health protection 
     provided by the applicable national primary drinking water 
     regulation is provided for residential or similar uses for 
     drinking, cooking, and bathing; or
       ``(III) the Administrator or the State (in the case of a 
     State exercising primary enforcement responsibility for 
     public water systems) determines that the water provided for 
     residential or similar uses for drinking, cooking, and 
     bathing is centrally treated or treated at the point of entry 
     by the provider, a pass-through entity, or the user to 
     achieve the equivalent level of protection provided by the 
     applicable national primary drinking water regulations.

       ``(ii) Irrigation districts.--An irrigation district in 
     existence prior to May 18, 1994, that provides primarily 
     agricultural service through a piped water system with only 
     incidental residential or similar use shall not be considered 
     to be a public water system if the system or the residential 
     or similar users of the system comply with subclause (II) or 
     (III) of clause (i).
       ``(C) Transition period.--A water supplier that would be a 
     public water system only as a result of modifications made to 
     this paragraph by the Safe Drinking Water Act Amendments of 
     1996 shall not be considered a public water system for 
     purposes of the Act until the date that is two years after 
     the date of enactment of this subparagraph. If a water 
     supplier does not serve 15 service connections (as defined in 
     subparagraphs (A) and (B)) or 25 people at any time after the 
     conclusion of the two-year period, the water supplier shall 
     not be considered a public water system.''.
       (2) GAO Study.--The Comptroller General of the United 
     States shall undertake a study to--
       (A) ascertain the numbers and locations of individuals and 
     households relying for their residential water needs, 
     including drinking, bathing, and cooking (or other similar 
     uses) on irrigation water systems, mining water systems, 
     industrial water systems or other water systems covered by 
     section 1401(4)(B) of the Safe Drinking Water Act that are 
     not public water systems subject to the Safe Drinking Water 
     Act;
       (B) determine the sources and costs and affordability (to 
     users and systems) of water used by such populations for 
     their residential water needs; and
       (C) review State and water system compliance with the 
     exclusion provisions of section 1401(4)(B) of such Act.

     The Comptroller General shall submit a report to the Congress 
     within 3 years after the enactment of this Act containing the 
     results of such study.

     SEC. 402. AUTHORIZATION OF APPROPRIATIONS.

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

     ``SEC. 1402. AUTHORIZATION OF APPROPRIATIONS.

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

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

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

``1992-2003..............................................30,000,000.''.

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

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

     SEC. 403. NEW YORK CITY WATERSHED PROTECTION PROGRAM.

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

     SEC. 404. ESTROGENIC SUBSTANCES SCREENING PROGRAM.

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

     ``SEC. 1466. ESTROGENIC SUBSTANCES SCREENING PROGRAM.

       ``(a)  Development.--Not later than 2 years after the date 
     of enactment of this section, the Administrator shall develop 
     a screening program, using appropriate validated test systems 
     and other scientifically relevant information, to determine 
     whether certain substances may have an effect in humans that 
     is similar to an effect produced by a naturally occurring 
     estrogen, or such other endocrine effect as the Administrator 
     may designate.
       ``(b) Implementation.--Not later than 3 years after the 
     date of enactment of this section, after obtaining public 
     comment and review of the screening program described in 
     subsection (a) by the scientific advisory panel established 
     under section 25(d) of the Act of June 25, 1947 (chapter 125) 
     or the Science Advisory Board established by section 8 of the 
     Environmental Research, Development, and Demonstration Act of 
     1978 (42 U.S.C. 4365), the Administrator shall implement the 
     program.
       ``(c) Substances.--In carrying out the screening program 
     described in subsection (a), the Administrator--
       ``(1) shall provide for the testing of all active and inert 
     ingredients used in products described in section 103(e) of 
     the Comprehensive Environmental Response, Compensation, and 
     Liability Act of 1980 (42 U.S.C. 9603(e)) that may be found 
     in sources of drinking water, and
       ``(2) may provide for the testing of any other substance 
     that may be found in sources of drinking water if the 
     Administrator determines that a substantial population may be 
     exposed to such substance.
       ``(d) Exemption.--Notwithstanding subsection (c), the 
     Administrator may, by order, exempt from the requirements of 
     this section a biologic substance or other substance if the 
     Administrator determines that the substance is anticipated 
     not to produce any effect in humans similar to an effect 
     produced by a naturally occurring estrogen.
       ``(e) Collection of Information.--
       ``(1) In general.--The Administrator shall issue an order 
     to a person that registers, manufactures, or imports a 
     substance for which testing is required under this subsection 
     to conduct testing in accordance with the screening program 
     described in subsection (a), and submit information obtained 
     from the testing to the Administrator, within a reasonable 
     time period that the Administrator determines is sufficient 
     for the generation of the information.
       ``(2) Procedures.--To the extent practicable the 
     Administrator shall minimize duplicative testing of the same 
     substance for the same endocrine effect, develop, as 
     appropriate, procedures for fair and equitable sharing of 
     test costs, and develop, as necessary, procedures for 
     handling of confidential business information.
       ``(3) Failure of registrants to submit information.--
       ``(A) Suspension.--If a person required to register a 
     substance referred to in subsection (c)(1) fails to comply 
     with an order under paragraph (1) of this subsection, the 
     Administrator shall issue a notice of intent to suspend the 
     sale or distribution of the substance by the person. Any 
     suspension proposed under this paragraph shall become final 
     at the end of the 30-day period beginning on the date that 
     the person receives the notice of intent to suspend, unless 
     during that period a person adversely affected by the notice 
     requests a hearing or the Administrator determines that the 
     person referred to in paragraph (1) has complied fully with 
     this subsection.
       ``(B) Hearing.--If a person requests a hearing under 
     subparagraph (A), the hearing shall be conducted in 
     accordance with section 554 of title 5, United States Code. 
     The only matter for resolution at the hearing shall be 
     whether the person has failed to comply with an order under 
     paragraph (1) of this subsection. A decision by the 
     Administrator after completion of a hearing shall be 
     considered to be a final agency action.
       ``(C) Termination of suspensions.--The Administrator shall 
     terminate a suspension under this paragraph issued with 
     respect to a person if the Administrator determines that the 
     person has complied fully with this subsection.
       ``(4) Noncompliance by other persons.--Any person (other 
     than a person referred to in paragraph (3)) who fails to 
     comply with an order under paragraph (1) shall be liable for 
     the same penalties and sanctions as are provided under 
     section 16 of the Toxic Substances Control Act (15 U.S.C. 
     2601 and following) in the case of a violation referred to in 
     that section. Such penalties and sanctions shall be assessed 
     and imposed in the same manner as provided in such section 
     16.
       ``(f) Agency Action.--In the case of any substance that is 
     found, as a result of testing and

[[Page S8325]]

     evaluation under this section, to have an endocrine effect on 
     humans, the Administrator shall, as appropriate, take action 
     under such statutory authority as is available to the 
     Administrator, including consideration under other sections 
     of this Act, as is necessary to ensure the protection of 
     public health.
       ``(g) Report to Congress.--Not later than 4 years after the 
     date of enactment of this section, the Administrator shall 
     prepare and submit to Congress a report containing--
       ``(1) the findings of the Administrator resulting from the 
     screening program described in subsection (a);
       ``(2) recommendations for further testing needed to 
     evaluate the impact on human health of the substances tested 
     under the screening program; and
       ``(3) recommendations for any further actions (including 
     any action described in subsection (f)) that the 
     Administrator determines are appropriate based on the 
     findings.
       ``(h) Savings Clause.--Nothing in this section shall be 
     construed to amend or modify the provisions of the Toxic 
     Substances Control Act or the Federal Insecticide, Fungicide, 
     and Rodenticide Act.''.

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

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

     SEC. 406. RETURN FLOWS.

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

     SEC. 407. EMERGENCY POWERS.

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

     SEC. 408. WATERBORNE DISEASE OCCURRENCE STUDY.

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

     SEC. 409. DRINKING WATER STUDIES.

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

     SEC. 410. BOTTLED DRINKING WATER STANDARDS.

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

     SEC. 411. CLERICAL AMENDMENTS.

       (a) Part B.--Part B (42 U.S.C. 300g and following) is 
     amended as follows:

[[Page S8326]]

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

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

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

              ``TITLE XIV--SAFETY OF PUBLIC WATER SYSTEMS

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

                         ``Part A--Definitions

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

                     ``Part B--Public Water Systems

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

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

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

                       ``Part D--Emergency Powers

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

                      ``Part E--General Provisions

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

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

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

     SEC. 501. GENERAL PROGRAM.

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

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

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

     SEC. 503. RURAL AND NATIVE VILLAGES, ALASKA.

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

     SEC. 504. ACQUISITION OF LANDS.

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

     SEC. 505. FEDERAL SHARE.

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

     SEC. 506. CONDITION ON AUTHORIZATIONS OF APPROPRIATIONS.

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

     SEC. 507. DEFINITIONS.

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

     SEC. 601. DRINKING WATER RESEARCH AUTHORIZATION.

       There are authorized to be appropriated to the 
     Administrator of the Environmental Protection Agency, in 
     addition to--
       (1) amounts authorized for research under section 
     1412(b)(13) of the Safe Drinking Water Act (title XIV of the 
     Public Health Service Act);
       (2) amounts authorized for research under section 409 of 
     the Safe Drinking Water Act Amendments of 1996; and
       (3) $10,000,000 from funds appropriated pursuant to this 
     section 1452(n) of the Safe Drinking Water Act (title XIV of 
     the Public Health Service Act),

     such sums as may be necessary for drinking water research for 
     fiscal years 1997 through 2003. The annual total of the sums 
     referred to in this section shall not exceed $26,593,000.

     SEC. 602. SCIENTIFIC RESEARCH REVIEW.

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

[[Page S8327]]

     of the House of Representatives and the Committee on 
     Environment and Public Works of the Senate a report 
     detailing--
       (1) all Agency drinking water research the Assistant 
     Administrator finds is not of sufficiently high quality; and
       (2) all Agency drinking water research the Assistant 
     Administrator finds duplicates other Agency research.

  Mr. ROTH. I ask unanimous consent that the Senate disagree with the 
amendment of the House and agree to the request for a conference, and 
the Chair be authorized to appoint conferees on the part of the Senate.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The Presiding Officer (Mr. Frist) appointed Mr. Chafee, Mr. 
Kempthorne, Mr. Thomas, Mr. Warner, Mr. Baucus, Mr. Reid, and Mr. 
Lautenberg conferees on the part of the Senate.

                          ____________________