[Senate Report 116-284]
[From the U.S. Government Publishing Office]


                                                 Calendar No. 452

116th Congress}                                           { Report
                                 SENATE
  2d Session  }                                           { 116-284

======================================================================
 
                  DRINKING WATER INFRASTRUCTURE ACT OF 2020

                                _______
                                

 October 23 (legislative day, October 19), 2020.--Ordered to be printed

                                _______
                                

      Mr. Barrasso, from the Committee on Environment and Public 
                     Works, submitted the following

                              R E P O R T

                         [To accompany S. 3590]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Environment and Public Works, to which was 
referred the bill (S. 3590) to amend the Safe Drinking Water 
Act to reauthorize certain provisions, and for other purposes, 
having considered the same, reports favorably thereon with an 
amendment in the nature of a substitute and recommends that the 
bill, as amended, do pass.

                    General Statement and Background

    The Drinking Water Infrastructure Act of 2020 (DWIA), 
creates, updates, and improves Environmental Protection Agency 
(EPA) programs associated with drinking water infrastructure 
under the Safe Drinking Water Act (SDWA).
    DWIA reauthorizes critical SDWA programs to promote 
compliance with drinking water standards, reform drinking water 
programs, and promote resilience of drinking water systems. 
This bill expands program eligibility and opportunities for 
small, rural, tribal and disadvantaged communities. The bill 
also enhances lead reduction programs, increases funding for 
the treatment of emerging contaminants including perfluoroalkyl 
and polyfluoroalkyl substances, increases funding for technical 
assistance, and authorizes grants to assist communities and 
drinking water systems with SDWA compliance.
    A water resources development act (WRDA) is the authorizing 
legislation for the programs and projects of the Corps' Civil 
Works program. In recent years, WRDA legislation has been a 
vehicle for authorizing critical EPA programs for water, 
wastewater and drinking water, as shown by the Committee in 
America's Water Infrastructure Act of 2018 (AWIA 2018) (PL 115-
270). Ideally, WRDA legislation is enacted every two years. 
This year, the Committee developed and reported two legislative 
vehicles for items that have recently been authorized in WRDA 
legislation: DWIA, which reauthorizes, modifies, and creates 
programs under the SDWA; and America's Water Infrastructure Act 
of 2020 (AWIA 2020), which authorizes the Corps' Civil Works 
program, as well as water and wastewater infrastructure 
programs under the Clean Water Act.

Objectives of the Legislation

    The objective of S. 3590 is to authorize and modify 
drinking water programs to meet the nation's drinking water 
infrastructure needs. It will help increase access to, and 
ensure delivery of, safe, reliable drinking water by 
facilitating critical water infrastructure, technical 
assistance, and financial assistance programs.

Summary of the Major Provisions

    To achieve these objectives, S. 3590:
           Increases funding for the Assistance for 
        Small and Disadvantaged Communities grant program, as 
        well as creates an additional discretionary grant 
        program for states with high demonstrated need.
           Funds technical assistance and grants for 
        emergencies affecting public water systems.
           Codifies appropriations language that 
        requires states to use 14 percent of its capitalization 
        grant to provide loan forgiveness, negative interest 
        loans or grants.
           Authorizes new and existing programs to 
        address lead contamination, including expanding testing 
        opportunities for schools and daycare centers and 
        utilizing lead mapping to decrease the presence of lead 
        in communities.
           Improves the operational sustainability of 
        small public water systems by improving the ability to 
        identify and correct infrastructure failures.
           Helps small and medium communities combat 
        the effects of a changing climate by funding 
        Infrastructure Resiliency and Sustainability grant 
        programs.
           Provides investment in new and emerging, but 
        proven technologies that can help utilities reduce 
        costs and increase energy efficiency.
           Creates a discretionary grant program to 
        provide utilities an additional funding source to 
        finance project completion.
           Instructs EPA to promulgate national primary 
        drinking water regulations (NPDWR), at a minimum for 
        both perfluoroalkyl (PFOA) and polyfluoroalkyl (PFOS) 
        substances and provides additional funding for 
        remediation of these chemicals.

Other Noteworthy Provisions

    The Committee has heard concerns from communities of all 
sizes that loans, loan forgiveness, reverse loans and other 
mechanisms, such as the state revolving loan funds, are 
insufficient to address growing water infrastructure needs. In 
response, this bill creates a Drinking Water Infrastructure 
Discretionary Grant Program, established outside of the DWSRF, 
to fulfill this unmet need.
    DWIA also reauthorizes the Research, Technical Assistance, 
Information, Training of Personnel emergency situations grant 
program for the first time since 2002 (P.L. 107-188). This 
program allows the Administrator to provide technical 
assistance and to make grants to states, or publicly owned 
water systems to assist in responding to and alleviating any 
emergency situation affecting public water systems (including 
sources of water for such systems) which the Administrator 
determines to present substantial danger to the public health. 
Given the growing problems with drinking water contaminants, 
including but not limited to lead, per- and polyfluoroalkyl 
substances (PFAS), and 1,4-dioxane, as well as the continued 
response to the COVID-19 pandemic, the Committee included an 
authorization for this program in order to ensure adequate 
resources are available to meet current and future drinking 
water emergencies.

                      Section-by-Section Analysis 


Sec. 1. Short title

    This section states that the Act may be cited as ``Drinking 
Water Infrastructure of 2020''.

Sec. 2. Host communities

    This section amends Section 1433(g) of SDWA (42 U.S.C. 
300i-2(g)) to make additional cities eligible under the 
Drinking Water Infrastructure Risk and Resilience Program. This 
program was established in AWIA 2018. This section makes cities 
eligible for the program that, as a result of a natural 
disaster or act of terrorism, take on an influx of population.

Sec. 3. Technical assistance and grants for emergencies affecting 
        public water systems

    This section reauthorizes Section 1442 of SDWA (42 U.S.C. 
300j-1) to provide crucial resources to communities facing 
drinking water emergencies, such as an intrusion of lead into 
the drinking water supply. The program is authorized at $35 
million for each fiscal year 2021 through 2024. In addition, 
this section extends the current $15 million per fiscal year 
authorization for the technical assistance program that serves 
public water systems for the same duration. This section also 
allows the Administrator to provide technical assistance to 
small public water systems. Specifically, this section allows 
state-based non-profit organizations that are governed by 
community water systems to receive grants to provide such 
technical assistance.

Sec. 4. Drinking water state revolving loan funds

    This section would make permanent language found in Title 
II of the Further Consolidated Appropriations Act, 2020 (P.L. 
116-94). The language requires states to use 14 percent of 
Drinking Water State Revolving Loan Funds (DWSRF) to provide 
additional subsidies in the form of grants, negative interest 
loans, forgiveness of principal of loans, or to buy, refinance 
or restructure debt. States, with concurrence of the 
Administrator, may use more than 14 percent of DWSRF dollars 
for this purpose if those funds could be used to address a 
threat to public health from heightened exposure to 
contaminants in drinking water or to respond to a declared 
state or federal drinking water emergency.
    This gives each state the ability to help communities that 
are struggling financially to meet or maintain compliance as 
well as build and update drinking water infrastructure.
    This section also reauthorizes section 1452 of SDWA (42 
U.S.C. 300j-12), which allows states to use up to two percent 
of its funding for technical assistance from nonprofit 
organizations to provide assistance to these systems to achieve 
compliance. This section also makes permanent a requirement in 
section 2022 of AWIA 2018 that only iron and steel sourced from 
America be used in projects funded through the DWSRF, also 
known a ``Buy America'' requirement.
    This section also authorizes $300 million in grants to 
assist in the remediation of contamination from emerging 
contaminants, with a focus on perfluoroalkyl and 
polyfluoroalkyl substances.

Sec. 5. Source Water Petition Program

    The section reauthorizes the Source Water Petition Program 
(42 U.S.C. 300j-14). This program allows owners and operators 
of community water systems, municipal or local governments and 
political subdivisions of a state to petition the state for a 
source water quality protection partnership. These partnerships 
help affected parties reduce drinking water contamination, 
obtain financial or technical assistance, or develop 
recommendations for the long-term protection of a community 
water system's source water. This section also amends the 
program to allow states to designate a county to act on behalf 
of an unincorporated area, should the unincorporated area chose 
to enter such a partnership solely for the purpose of pursuing 
a source water petition. This program is reauthorized through 
2024 at the current funding levels of $5 million.

Sec. 6. Assistance for Small and Disadvantaged Communities

    This section expands the authorized used of funds under the 
Assistance for Small and Disadvantaged Communities program 
under Section 1459A of SDWA (42 U.S.C. 300j-19a). This section 
allows states to distribute grants for the purchase of filters 
that remove contaminants of concern from public drinking water 
systems; to provide information regarding proper filtration, 
maintenance, and options regarding replacing lead service lines 
or addressing other sources of lead from water systems; and for 
technical assistance. Further, this section lowers the required 
non-federal match for a grant received under the Assistance for 
Small and Disadvantaged Communities program from forty-five 
percent to ten percent and allows for a non-federal match to be 
waived at the discretion of the Administrator. This provision 
extends the program's authorization from 2022 through 2024 and 
increases the authorization from $60 million to $100 million 
for each fiscal year.
    This section also creates a new, separate competitive grant 
for small and disadvantaged communities. This program is 
distributed to states based on demonstrated high proportions of 
underserved communities, rather than a State Revolving Loan 
Fund (SRF) formula. This grant program is authorized at $50 
million for each fiscal year 2021 through 2024.
    This section also reauthorizes the existing Drinking Water 
Infrastructure Risk and Resiliency program (42 U.S.C. 300j-19a) 
from 2021 through 2024, and increases the program's 
authorization from $4 million to $10 million for each fiscal 
year. This includes a non-federal cost share of ten percent, 
which may be waived by the Administrator.
    Finally, this section authorizes a new grant program to 
provide grants to a utility or nonprofit to voluntarily connect 
a low-income household to a municipal public drinking water 
system. This program is authorized at $20 million for each 
fiscal year 2021 and 2022. These grants are intended to improve 
the general welfare of low and moderate income individuals 
without access to drinking water services. Therefore, the 
Committee believes these funds should not be considered taxable 
income.

Sec. 7. Reducing lead in drinking water

    This section amends Section 1459B of SDWA (42 U.S.C. 300j-
19b) to create a pilot grant program for drinking water system 
operators that know through lead mapping that the system has, 
or is likely to have, at least 30 percent of service lines that 
contain lead. The grant money can be used for lead reduction 
projects, including the replacement of publically owned lead 
services lines; testing, planning, or other relevant 
activities, as determined by the Administrator, to identify and 
address conditions (including corrosion control) that 
contribute to increased concentration of lead in water for 
human consumption; and providing assistance to low-income 
homeowners to replace lead service lines.
    Two years after the first grant is awarded, the EPA must 
submit a report to Congress detailing the recipients of this 
grant money, what type of lead mapping was used, and how 
accurate and useful the mapping was in locating the lead 
contamination. The pilot program is authorized at $10 million 
and the funds are to remain available until expended.

Sec. 8. Operational sustainability of small public water systems

    This section establishes a new operational sustainability 
program under SDWA (42 U.S.C. 300j et seq.) for small public 
water systems, including those owned by an Indian Tribe. The 
program is designed to help improve the ability of such systems 
to respond to water infrastructure failures. By improving asset 
management of drinking water systems, pumps, wells, valves, 
treatment systems and other pertinent activities, operators 
will be able to identify and reduce system failures. Those 
failures include, but are not limited to, the identification 
and prevention of potable water loss due to leaks, breaks and 
other metering or infrastructure and system failures. This 
program has a non-federal share of ten percent, waivable by the 
Administrator, and is authorized at $10 million for each fiscal 
year 2021 through 2024.

Sec. 9. Midsize drinking water system infrastructure resilience and 
        sustainability program

    This section creates a program modeled off of section 2005 
of AWIA 2018. This section mirrors that EPA grant program for 
increased resiliency and sustainability for drinking water 
projects in small and disadvantaged communities, and creates a 
new program for mid-sized systems that serve a population 
between 10,000 and 100,000. Funds may be used to conserve 
water, enhance water-efficiency, create desalination 
facilities, relocate or renovate existing vulnerable water 
systems, enhance water supply, and implement measures to 
increase resiliency. This program is authorized at $10 million 
for each fiscal years 2021 through 2024.

Sec. 10. Needs assessment for nationwide rural and urban low-income 
        community water assistance

    This section requires the Administrator, in consultation 
with relevant stakeholders, to study the prevalence of low-
income households in the Unites States without affordable 
public drinking water services. This report must include 
recommendations to increase access to these services and 
determine the associated costs of each recommendation. This 
section authorizes $5 million to conduct the study.

Sec. 11. Lead contamination in school drinking water

    This section amends the existing Voluntary School and 
Childcare Lead Testing Grant Program, authorized in Section 
1464 of SDWA (42 U.S.C. 300j-24), to make public water systems, 
tribes, and eligible nonprofit organizations that service 
schools and childcare locations eligible grant recipients. The 
program authorization is extended through fiscal year 2022 at 
the current funding level of $25 million annually.

Sec. 12. Indian Reservation Drinking Water Program

    This section amends the Tribal Drinking Water Program 
established in AWIA 2018 and extends the authorization of the 
program to fiscal year 2024. It increases the authorization for 
the pilot program to $50 million. It requires 50 percent of the 
program's funds to be used nationally and the other 50 percent 
of funds to be used for thirty projects equally divided between 
the Missouri River Basin, Upper Rio Grande River Basin, and 
Columbia River Basin. In addition, two projects in the Missouri 
River Basin must be allocated to a reservation that serves more 
than one federally-recognized tribe.

Sec. 13. Advanced drinking water technologies

    This section requires the Administrator of the EPA to carry 
out a study, within one year of the date of enactment, to 
examine the state of existing and emerging technology that 
enhances or could enhance the treatment, monitoring, 
affordability, efficiency, and safety of drinking water 
provided by public water systems.
    This section also creates a grant program for public water 
systems that serve a population of up to 100,000 people, or a 
disadvantaged community. The grant program is designed to 
identify and deploy drinking water infrastructure technology 
that is new or emerging (but proven) to enhance the treatment, 
monitoring, affordability, efficiency, and safety of the 
drinking water provided. There is a ten percent non-federal 
share, waivable by the Administrator, and a single grant cannot 
exceed $500,000. This program is authorized at $10 million for 
each fiscal year 2021 through 2024.

Sec. 14. Drinking water infrastructure discretionary grant program

    This section creates a new grant program to be administered 
by the EPA under the SDWA. This grant program is modeled after 
the state revolving funds, which are mostly loans. These 
discretionary grants may be used for expenditures for planning, 
design, siting, and associated preconstruction activities, or 
for replacing or rehabilitating aging treatment, storage, or 
distribution facilities of public water systems, that will 
facilitate compliance with national primary drinking water 
regulations or otherwise significantly further health 
protections. It also makes resiliency projects an eligible use 
of funds. These grants may not be used for monitoring, 
operation, and maintenance expenditures, and priority is given 
to public water systems that need help coming into compliance 
with the SDWA and to projects that need an additional source of 
funding to achieve completion. Projects that have received 
prior federal funding are still eligible to apply. This program 
has a waivable non-federal share of 20 percent. No state may 
receive more than twenty percent of the total amount made 
available each year for this program. This section requires the 
EPA to submit a report to Congress on this program not later 
than two years after the date of enactment. This program is 
authorized at $50 million for each fiscal year 2022 through 
2024.

Sec. 15. Drinking water infrastructure grants

    This section creates a grant program to support 
improvements in reducing and removing plastic waste and post-
consumer materials, including microplastics and microfibers, 
from drinking water. This program is authorized at $10 million 
for each fiscal year 2021 through 2025.

Sec. 16. Perfluoroalykl and polyfluoroalkyl substances

    This section requires the Administrator of the EPA to 
promulgate national primary drinking water regulations (NPDWR), 
at a minimum for both perfluorooctanoic acid (PFOA) and 
perfluoroocatane sulfonic acid (PFOS). It instructs the 
Administrator to publish any validated equally effective 
quality control and testing procedure or other methods to 
detect and monitor per- or polyfluoroalkyl substances (PFAS) in 
the Federal Register within one year after validating the 
method or procedure.
    This section instructs the Administrator to tailor PFAS 
monitoring requirements for systems that do not detect or are 
reliably and consistently below the maximum contaminant levels 
for these chemicals. This allows for more flexible testing 
schedules and requirements for those who do not have a 
significant contamination problem.
    This section allows the Administrator to go through the 
existing SDWA regulatory determination process to evaluate 
other PFAS substances. However, it expedites the process so 
that the Administrator may make a determination of whether or 
not to regulate PFAS chemicals within 18 months after the 
substance is listed on the Contaminant Candidate List, and 
after receiving either the monitoring results from the 
unregulated contaminants monitoring rule (UCMR), or reliable 
water data, or completed water monitoring surveys, which the 
Administrator has concluded provides a sufficient basis for a 
regulatory determination for that PFAS substance. After the 
Administrator has determined to regulate a PFAS substance, the 
Administrator shall propose an NPDWR within 18 months, and may 
publish the proposed NDWPR at the same time the Administrator 
publishes the decision to regulate. The Administrator has one 
year after publishing the NPDWR proposal in the Federal 
Register to finalize the regulation. This may be extended for 
an additional six months.
    The section directs the Administrator to establish a health 
advisory for any PFAS substance or class of substances within 
one year after finalizing a toxicity value and a finalized 
effective quality control and testing method for these 
substances, unless the Administrator publishes in the Federal 
Register a determination (with an explanation) that the 
substances will not occur in drinking water with sufficient 
frequency to justify publication of such an advisory.
    This section also prevents the Administrator from imposing 
financial penalties on water systems for a violation of any 
PFAS substance NPDWR until five years after the effective date 
of its regulation.

                          Legislative History

    On May 4, 2020, Senator Barrasso, Chairman of the Committee 
on Environment and Public Works, introduced S. 3590, Drinking 
Water Infrastructure Act of 2020. Senators Carper, Cramer, and 
Duckworth were original cosponsors of the legislation. The bill 
was referred to the Committee on Environment and Public Works.
    On May 6, 2020, the Committee on Environment and Public 
Works conducted a business meeting to consider S. 3590. The 
Committee ordered S. 3590 to be favorably reported with an 
amendment in the nature of a substitute by a unanimous roll 
call vote of 21 to 0. In addition, the Committee agreed by 
unanimous consent to make a part of the official business 
meeting record the full record of stakeholder comments gathered 
by the Committee during an information-gathering process 
entitled, ``An Information-Gathering Process on Draft 
Legislation entitled, America's Water Infrastructure Act of 
2020 and The Drinking Water Infrastructure Act of 2020: 
Stakeholder Comments,'' which the Committee conducted from 
April 22, 2020 to May 1, 2020.

                                Hearings

    During the 116th Congress, the Committee on Environment and 
Public Works has held hearings to conduct oversight on 
implementation of AWIA 2018, and to hear from stakeholders 
regarding which water infrastructure priorities should be 
addressed in 2020, including:
    May 22, 2019, Full Committee Hearing: ``Examining 
legislation to address the risks associated with per- and 
polyfluoroalkyl substances (PFAS).''
    October 23, 2019, Full Committee Hearing: ``Improving 
American Economic Competitiveness through Water Resources 
Infrastructure: Federal Panel.''

                             Rollcall Votes

    The Committee on Environment and Public Works met to 
consider S. 3590 on May 6, 2020. The bill, with an amendment in 
the nature of a substitute, was ordered to be favorably 
reported by a roll call vote of 21 to 0.

Amendments approved

    The following amendment to the amendment in the nature of a 
substitute to S. 3590 was approved by voice vote:
    Barrasso-Carper #2--This amendment contained technical 
corrections, additions based on stakeholder feedback, and 
clarifications of the underlying substitute amendment. The 
amendment clarified that funds for the remediation of 
contamination may be used only for emerging contaminants, 
ensuring consistency with the existing drinking water 
remediation program. The amendment expanded eligible entities 
under a provision regarding operational sustainability in 
Section 8 of the bill to include Native American tribes. The 
amendment clarified in Section 13 of the bill that the mission 
of the Advanced Drinking Water Technology Program is to 
``enhance treatment, monitoring, affordability, efficiency, or 
safety of the drinking water;'' struck the limit on the amount 
of each grant; and allowed funds to be used to assist systems 
in identifying opportunities to employ advanced drinking water 
technologies. The amendment added language in Section 14 of the 
bill to clarify that a discretionary grant program does not 
increase a state's bonding authority.

Final committee vote to report

    S. 3590, with an amendment in the nature of a substitute, 
as amended by Barrasso-Carper #2, was ordered to be favorably 
reported by a roll call vote of 21 to 0 (Senators Booker, 
Boozman, Braun, Capito, Cardin, Carper, Cramer, Duckworth, 
Ernst, Gillibrand, Inhofe, Markey, Merkley, Rounds, Sanders, 
Shelby, Sullivan, Van Hollen, Whitehouse, Wicker, and Barrasso 
voted aye).

                      Regulatory Impact Statement

    In compliance with section 11(b) of rule XXVI of the 
Standing Rules of the Senate, the Committee finds that S. 3590 
does not create any additional regulatory burdens, nor will it 
cause any adverse impact on the personal privacy of 
individuals.

                          Mandates Assessment

    In compliance with the Unfunded Mandates Reform Act of 1995 
(UMRA) (Public Law 104-4), the Committee notes that the 
Congressional Budget Office found that S. 3590 contains 
intergovernmental and private-sector mandates as defined in the 
UMRA and would impose costs on state, local, or tribal 
governments.

                          Cost of Legislation

    Section 403 of the Congressional Budget and Impoundment 
Control Act requires that a statement of the cost of the 
reported bill, prepared by the Congressional Budget Office, be 
included in the report. That statement follows:

                                     U.S. Congress,
                               Congressional Budget Office,
                                  Washington, DC, October 19, 2020.
Hon. John Barrasso,
Chairman, Committee on Environment and Public Works,
U.S. Senate, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for S. 3590, the Drinking 
Water Infrastructure Act of 2020.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Stephen 
Rabent.
            Sincerely,
                                         Phillip L. Swagel,
                                                          Director.
    Enclosure.
    [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
    

    The bill would
           Authorize appropriations for the 
        Environmental Protection Agency (EPA) to establish new 
        grant programs
           Make changes to and authorize appropriations 
        for several existing EPA grant programs
           Direct EPA to issue a national primary 
        drinking water regulation for some perfluoroalkyl and 
        polyfluoroalkyl substances (PFAS)
           Direct EPA to conduct studies and issue 
        guidance
           Impose intergovernmental and private-sector 
        mandates by requiring public water systems to comply 
        with new rules controlling the concentrations of PFAS 
        in drinking water
    Estimated budgetary effects would primarily stem from
           Specified authorizations of appropriations 
        for EPA
           EPA's administrative costs
    Bill summary: S. 3590 would authorize appropriations for 
the Environmental Protection Agency (EPA) to fund 17 grant 
programs aimed at improving the quality of drinking water. The 
bill also would direct EPA to issue a national primary drinking 
water regulation, which would establish legally enforceable 
limits on concentrations of certain perfluoroalkyl and 
polyfluoroalkyl substances (PFAS) in drinking water.\1\ In 
addition, S. 3590 would direct EPA to study access to 
affordable supplies of drinking water, issue new guidance and 
testing protocols for lead contamination, and report on new 
technologies to enhance the treatment, safety, and 
affordability of drinking water.
---------------------------------------------------------------------------
    \1\PFAS constitute a group of hundreds of synthetic products 
manufactured and used by a variety of industries and in many consumer 
products. PFAS tend to persist in the environment and in the human 
body. See Environmental Protection Agency, ``PFOA, PFOS and Other 
PFASs, EPA Basic Information on PFAS'' (accessed October 19, 2020) 
www.epa.gov/pfas/basic-information-pfas.
---------------------------------------------------------------------------
    Estimated Federal cost: The estimated budgetary effect of 
S. 3590 is shown in Table 1. The costs of the legislation fall 
within budget function 300 (natural resources and environment).

                TABLE 1.--ESTIMATED INCREASES IN SPENDING SUBJECT TO APPROPRIATION UNDER S. 3590
----------------------------------------------------------------------------------------------------------------
                                                                By fiscal year, millions of dollars--
                                                    ------------------------------------------------------------
                                                       2021      2022      2023      2024      2025    2021-2025
----------------------------------------------------------------------------------------------------------------
Grant Programs:
    Authorization..................................       395       650       540       540        10      2,135
    Estimated Outlays..............................        62       283       481       553       475      1,854
Other Costs:
    Estimated Authorization........................        30        26        26        26        10        118
    Estimated Outlays..............................        15        27        26        26        22        116
Total Changes:
    Estimated Authorization........................       425       676       566       566        20      2,253
    Estimated Outlays..............................        77       310       507       579       497      1,970
----------------------------------------------------------------------------------------------------------------
Components may not sum to totals because of rounding.

    Basis of estimate: For this estimate, CBO assumes that S. 
3590 will be enacted early in fiscal year 2021, that the 
authorized and estimated amounts will be appropriated for each 
fiscal year, and that spending will follow historical patterns 
for similar projects and programs.

Grant Programs

    S. 3590 would authorize appropriations totaling $2.1 
billion over the 2021-2025 period for EPA to fund new or 
existing grant programs as detailed below:
           For states to address groundwater 
        contamination with a focus on contamination by PFAS 
        ($800 million);
           For public water systems and water quality 
        programs in small and disadvantaged communities ($500 
        million);
           For lead reduction, advanced technologies, 
        operational sustainability for small water systems, and 
        other purposes (about $500 million); and
           For grants for drinking water infrastructure 
        projects, projects to increase the resilience of 
        drinking water systems in the face of natural hazards, 
        and projects to reduce and remove plastic waste in 
        drinking water ($280 million).
    Using information from EPA, CBO estimates that implementing 
those grant programs would cost about $1.9 billion over the 
2021-2025 period and about $200 million after 2025.

Other Costs

    In addition, EPA would incur administrative costs to 
establish and operate the programs authorized under S. 3590 
because generally the agency is not authorized to cover those 
costs using grant funds. Using information from EPA, CBO 
estimates that the agency would eventually require about 45 
additional employees, at a cost of $180,000 each, on average, 
to develop and administer the grant programs. Those costs would 
total about $37 million over the 2021-2025 period.
    S. 3590 would authorize the appropriation of $5 million for 
EPA to study impediments in access to affordable drinking water 
faced by low-income households. The bill also would authorize 
the appropriation of $15 million annually over the 2021-2024 
period for EPA to provide technical assistance to help small 
water systems comply with the National Primary Drinking Water 
regulations. CBO estimates that implementing those provisions 
would cost $65 million over the 2021-2025 period.
    S. 3590 would direct EPA to issue a national primary 
drinking water regulation for two specific types of PFAS and 
for other contaminants that meet certain criteria.\2\ Using 
information from EPA, CBO estimates that issuing those 
regulations would cost about $3 million annually, or $14 
million over the 2021-2025 period, for the agency to conduct 
studies, gather information, and undertake rulemakings.
---------------------------------------------------------------------------
    \2\National primary drinking water regulations are legally 
enforceable standards and treatment techniques that public water 
systems must follow to limit certain contaminant concentrations in 
drinking water.
---------------------------------------------------------------------------
    Pay-As-You-Go considerations: None.
    Increase in long-term deficits: None.
    Mandates: S. 3590 contains intergovernmental and private-
sector mandates as defined in the Unfunded Mandates Reform Act 
(UMRA). CBO estimates that the aggregate cost of the mandates 
would exceed the annual thresholds established in UMRA of $84 
million and $168 million, respectively, in 2020 (adjusted 
annually for inflation).
    By requiring EPA to issue new regulations for PFAS 
concentrations in drinking water, the bill would impose a 
mandate on owners and operators of public water systems that 
are regulated by the Safe Water Drinking Act. To comply with 
the new regulations, all water systems, regardless of 
ownership, would be required to meet standards for water 
testing, monitoring, and treatment that would entail both 
capital expenditures and ongoing costs for operations and 
maintenance. (Approximately 32,000 water systems owned and 
operated by public entities serve nearly 90 percent of the U.S. 
population; about 35,000 smaller systems, many serving fewer 
than 500 people, are owned by private entities.)
    EPA has not established the new regulations; therefore, CBO 
has no basis on which to estimate the extent of investments 
necessary for compliance. However, because more than 67,000 
public water systems would be subject to the new regulations, 
CBO expects that the capital and other costs for monitoring, 
treating, and removing PFAS from drinking water could exceed 
several billion dollars in the first five years the mandate 
would be in effect.
    Previous CBO estimate: On November 25, 2019, CBO published 
a cost estimate for S. 1507, the PFAS Release Disclosure and 
Protection Act of 2019, as reported by the Senate Committee on 
Environment and Public Works on June 19, 2019. Section 201 of 
that bill is similar to section 16 of S. 3590. However, on 
March 10, 2020, EPA took actions under current law to regulate 
certain PFAS; those actions are similar to what would be 
required under both pieces of legislation. The estimated costs 
of implementing S. 3590 reflects that change in regulations and 
the conclusion of fiscal year 2020.
    Estimate prepared by: Federal costs: Stephen Rabent; 
Mandates: Lilia Ledezma.
    Estimate reviewed by: Susan Willie, Chief, Natural and 
Physical Resources Cost Estimates Unit; Kathleen FitzGerald, 
Chief, Public and Private Mandates Unit; H. Samuel Papenfuss, 
Deputy Director of Budget Analysis; Theresa Gullo, Director of 
Budget Analysis.

                        Changes in Existing Law

    In compliance with section 12 of rule XXVI of the Standing 
Rules of the Senate, changes in existing law made by the bill 
as reported are shown as follows: Existing law proposed to be 
omitted is enclosed in [black brackets], new matter is printed 
in italic, existing law in which no change is proposed is shown 
in roman:

           *       *       *       *       *       *       *


SAFE DRINKING WATER ACT-(TITLE XIV OF PUBLIC HEALTH SERVICE ACT

           *       *       *       *       *       *       *



               TITLE XIV--SAFETY OF PUBLIC WATER SYSTEMS

  Sec. 1400. This title may be cited as the ``Safe Drinking 
Water Act''.

Part A--Definitions

           *       *       *       *       *       *       *



                  national drinking water regulations

  Sec. 1412. (a)(1) * * *

           *       *       *       *       *       *       *

  (b) Standards.--
          (1) Identification of contaminants for listing.--
                  (A) General authority.-- * * *

           *       *       *       *       *       *       *

          (15) Variance technologies.--
                  (A) In general.-- * * *

           *       *       *       *       *       *       *

          (16) Perfluoroalkyl and polyfluoroalkyl substances.--
                  (A) In general.--Not later than 2 years after 
                the date of enactment of this paragraph, the 
                Administrator shall, after notice and 
                opportunity for public comment, promulgate a 
                national primary drinking water regulation for 
                perfluoroalkyl and polyfluoroalkyl substances, 
                which shall, at a minimum, include standards 
                for--
                          (i) perfluorooctanoic acid (commonly 
                        referred to as `PFOA'); and
                          (ii) perfluorooctane sulfonic acid 
                        (commonly referred to as `PFOS').
                  (B) Alternative procedures.--
                          (i) In general.--Not later than 1 
                        year after the validation by the 
                        Administrator of an equally effective 
                        quality control and testing procedure 
                        to ensure compliance with the national 
                        primary drinking water regulation 
                        promulgated under subparagraph (A) to 
                        measure the levels described in clause 
                        (ii) or other methods to detect and 
                        monitor perfluoroalkyl and 
                        polyfluoroalkyl substances in drinking 
                        water, the Administrator shall add the 
                        procedure or method as an alternative 
                        to the quality control and testing 
                        procedure described in such national 
                        primary drinking water regulation by 
                        publishing the procedure or method in 
                        the Federal Register in accordance with 
                        section 1401(1)(D).
                          (ii) Levels described.--The levels 
                        referred to in clause (i) are--
                                  (I) the level of a 
                                perfluoroalkyl or 
                                polyfluoroalkyl substance;
                                  (II) the total levels of 
                                perfluoroalkyl and 
                                polyfluoroalkyl substances; and
                                  (III) the total levels of 
                                organic fluorine.
                  (C) Inclusions.--The Administrator may 
                include a perfluoroalkyl or polyfluoroalkyl 
                substance or class of perfluoroalkyl or 
                polyfluoroalkyl substances on--
                          (i) the list of contaminants for 
                        consideration of regulation under 
                        paragraph (1)(B)(i), in accordance with 
                        such paragraph; and
                          (ii) the list of unregulated 
                        contaminants to be monitored under 
                        section 1445(a)(2)(B)(i), in accordance 
                        with such section.
                  (D) Monitoring.--When establishing monitoring 
                requirements for public water systems as part 
                of a national primary drinking water regulation 
                under subparagraph (A) or subparagraph (F)(ii), 
                the Administrator shall tailor the monitoring 
                requirements for public water systems that do 
                not detect or are reliably and consistently 
                below the maximum contaminant level (as defined 
                in section 1418(b)(2)(B)) for the 
                perfluoroalkyl or polyfluoroalkyl substance or 
                class of perfluoroalkyl or polyfluoroalkyl 
                substances subject to the national primary 
                drinking water regulation.
                  (E) Health risk reduction and cost 
                analysis.--In meeting the requirements of 
                paragraph (3)(C), the Administrator may rely on 
                information available to the Administrator with 
                respect to 1 or more specific perfluoroalkyl or 
                polyfluoroalkyl substances to extrapolate 
                reasoned conclusions regarding the health risks 
                and effects of a class of perfluoroalkyl or 
                polyfluoroalkyl substances of which the 
                specific perfluoroalkyl or polyfluoroalkyl 
                substances are a part.
                  (F) Regulation of additional substances.--
                          (i) Determination.--The Administrator 
                        shall make a determination under 
                        paragraph (1)(A), using the criteria 
                        described in clauses (i) through (iii) 
                        of that paragraph, whether to include a 
                        perfluoroalkyl or polyfluoroalkyl 
                        substance or class of perfluoroalkyl or 
                        polyfluoroalkyl substances in the 
                        national primary drinking water 
                        regulation under subparagraph (A) not 
                        later than 18 months after the later 
                        of--
                                  (I) the date on which the 
                                perfluoroalkyl or 
                                polyfluoroalkyl substance or 
                                class of perfluoroalkyl or 
                                polyfluoroalkyl substances is 
                                listed on the list of 
                                contaminants for consideration 
                                of regulation under paragraph 
                                (1)(B)(i); and
                                  (II) the date on which--
                                          (aa) the 
                                        Administrator has 
                                        received the results of 
                                        monitoring under 
                                        section 1445(a)(2)(B) 
                                        for the perfluoroalkyl 
                                        or polyfluoroalkyl 
                                        substance or class of 
                                        perfluoroalkyl or 
                                        polyfluoroalkyl 
                                        substances; or
                                          (bb) the 
                                        Administrator has 
                                        received reliable water 
                                        data or water 
                                        monitoring surveys for 
                                        the perfluoroalkyl or 
                                        polyfluoroalkyl 
                                        substance or class of 
                                        perfluoroalkyl or 
                                        polyfluoroalkyl 
                                        substances from a 
                                        Federal or State agency 
                                        that the Administrator 
                                        determines to be of a 
                                        quality sufficient to 
                                        make a determination 
                                        under paragraph (1)(A).
                          (ii) Primary drinking water 
                        regulations.--
                                  (I) In general.--For each 
                                perfluoroalkyl or 
                                polyfluoroalkyl substance or 
                                class of perfluoroalkyl or 
                                polyfluoroalkyl substances that 
                                the Administrator determines to 
                                regulate under clause (i), the 
                                Administrator--
                                          (aa) not later than 
                                        18 months after the 
                                        date on which the 
                                        Administrator makes the 
                                        determination, shall 
                                        propose a national 
                                        primary drinking water 
                                        regulation for the 
                                        perfluoroalkyl or 
                                        polyfluoroalkyl 
                                        substance or class of 
                                        perfluoroalkyl or 
                                        polyfluoroalkyl 
                                        substances; and
                                          (bb) may publish the 
                                        proposed national 
                                        primary drinking water 
                                        regulation described in 
                                        item (aa) concurrently 
                                        with the publication of 
                                        the determination to 
                                        regulate the 
                                        perfluoroalkyl or 
                                        polyfluoroalkyl 
                                        substance or class of 
                                        perfluoroalkyl or 
                                        polyfluoroalkyl 
                                        substances.
                                  (II) Deadline.--
                                          (aa) In general.--Not 
                                        later than 1 year after 
                                        the date on which the 
                                        Administrator publishes 
                                        a proposed national 
                                        primary drinking water 
                                        regulation under clause 
                                        (i)(I) and subject to 
                                        item (bb), the 
                                        Administrator shall 
                                        take final action on 
                                        the proposed national 
                                        primary drinking water 
                                        regulation.
                                          (bb) Extension.--The 
                                        Administrator, on 
                                        publication of notice 
                                        in the Federal 
                                        Register, may extend 
                                        the deadline under item 
                                        (aa) by not more than 6 
                                        months.
                  (G) Health advisory.--
                          (i) In general.--Subject to clause 
                        (ii), the Administrator shall publish a 
                        health advisory under paragraph (1)(F) 
                        for a perfluoroalkyl or polyfluoroalkyl 
                        substance or class of perfluoroalkyl or 
                        polyfluoroalkyl substances not subject 
                        to a national primary drinking water 
                        regulation not later than 1 year after 
                        the later of--
                                  (I) the date on which the 
                                Administrator finalizes a 
                                toxicity value for the 
                                perfluoroalkyl or 
                                polyfluoroalkyl substance or 
                                class of perfluoroalkyl or 
                                polyfluoroalkyl substances; and
                                  (II) the date on which the 
                                Administrator validates an 
                                effective quality control and 
                                testing procedure for the 
                                perfluoroalkyl or 
                                polyfluoroalkyl substance or 
                                class of perfluoroalkyl or 
                                polyfluoroalkyl substances.
                          (ii) Waiver.--The Administrator may 
                        waive the requirements of clause (i) 
                        with respect to a perfluoroalkyl or 
                        polyfluoroalkyl substance or class of 
                        perfluoroalkyl and polyfluoroalkyl 
                        substances if the Administrator 
                        determines that there is a substantial 
                        likelihood that the perfluoroalkyl or 
                        polyfluoroalkyl substance or class of 
                        perfluoroalkyl or polyfluoroalkyl 
                        substances will not occur in drinking 
                        water with sufficient frequency to 
                        justify the publication of a health 
                        advisory, and publishes such 
                        determination, including the 
                        information and analysis used, and 
                        basis for, such determination, in the 
                        Federal Register.

           *       *       *       *       *       *       *


SEC. 1433. COMMUNITY WATER SYSTEM RISK AND RESILIENCE.

  (a) Risk and Resilience Assessments.-- * * *

           *       *       *       *       *       *       *

  (g) Technical Assistance and Grants.--
          (1) In general.--The Administrator shall establish 
        and implement a program, to be known as the Drinking 
        Water Infrastructure Risk and Resilience Program, under 
        which the Administrator may award grants in each of 
        fiscal years 2020 and 2021 to owners or operators of 
        community water systems [for the purpose of increasing] 
        for the purpose of--
                  (A) increasing the resilience of such 
                community water systems[.] ;or
                  (B) increasing the capacity of the community 
                water system to adapt to an increase in 
                population served by the community water system 
                that is primarily caused by a natural hazard or 
                a malevolent act in another community or State.

           *       *       *       *       *       *       *

          (5) Grants for [small] small, rural, and 
        disadvantaged systems.--For each fiscal year, the 
        Administrator may use not more than $10,000,000 from 
        the funds made available to carry out this subsection 
        to make grants to community water systems serving [a 
        population of less than 3,300 persons] disadvantaged 
        communities or populations of fewer than 10,000 
        persons, or nonprofit organizations receiving 
        assistance under section 1442(e), for activities and 
        projects undertaken in accordance with the guidance 
        provided to such systems under subsection (e) [of this 
        section].
          (6) Authorization of appropriations.--To carry out 
        this subsection, there are authorized to be 
        appropriated $25,000,000 for each of fiscal years [2020 
        and 2021] fiscal years 2021 and 2022.
  (h) Definitions.--In this section--
          (1) the term ``resilience'' means the ability of a 
        community water system or an asset of a community water 
        system to adapt to or withstand the effects of a 
        malevolent act or natural hazard without interruption 
        to the asset's or system's function, or if the function 
        is interrupted, to rapidly return to a normal operating 
        condition; and
          (2) the term ``natural hazard'' means a natural event 
        that threatens the functioning of a community water 
        system, including an earthquake, tornado, flood, 
        hurricane, wildfire, and hydrologic changes.

                       Part E--General Provisions


 assurance of availability of adequate supplies of chemicals necessary 
                         for treatment of water

  Sec. 1441. (a)  * * *

           *       *       *       *       *       *       *


   research, technical assistance, information, training of personnel

  Sec. 1442. (a)(1) The Administrator may conduct research, 
studies, and demonstrations relating to the causes, diagnosis, 
treatment, control, and prevention of physical and mental 
diseases and other impairments of man resulting directly or 
indirectly from contaminants in water, or to the provision of a 
dependably safe supply of drinking water, including--
          (A)  * * *

           *       *       *       *       *       *       *

  (b) The Administrator is authorized to provide technical 
assistance and to make grants to States, or publicly owned 
water systems to assist in responding to and alleviating any 
emergency situation affecting public water systems (including 
sources of water for such systems) which the Administrator 
determines to present substantial danger to the public health , 
including a threat to public health resulting from 
contaminants, such as, but not limited to, heightened exposure 
to lead in drinking water. Grants provided under this 
subsection shall be used only to support those actions which 
(i) are necessary for preventing, limiting or mitigating danger 
to the public health in such emergency situation and (ii) would 
not, in the judgment of the Administrator, be taken without 
such emergency assistance. The Administrator may carry out the 
program authorized under this subparagraph as part of, and in 
accordance with the terms and conditions of, any other program 
of assistance for environmental emergencies which the 
Administrator is authorized to carry out under any other 
provision of law. No limitation on appropriations for any such 
other program shall apply to amounts appropriated under this 
subparagraph.

           *       *       *       *       *       *       *

  [(d) There are authorized to be appropriated to carry out 
subsection (b) not more than $35,000,000 for the fiscal year 
2002 and such sums as may be necessary for each fiscal year 
thereafter.]
  (d) Authorization of Appropriations.--There is authorized to 
be appropriated to carry out subsection (b) $35,000,000 for 
each of fiscal years 2021 through 2024.
  (e) Technical Assistance to Small Public Water Systems.--
          (1)  * * *

           *       *       *       *       *       *       *

          (5) There are authorized to be appropriated to the 
        Administrator to be used for such technical assistance 
        $15,000,000 for each of the fiscal years [2015 through 
        2020] 2021 through 2024.

           *       *       *       *       *       *       *

  (f) State-based Nonprofit Organizations.--The Administrator 
may provide technical assistance consistent with the authority 
provided under subsection (e) to State-based nonprofit 
organizations that are governed by community water systems.
  [(f)] (g) Technical Assistance for Innovative Water 
Technologies.--
          (1) The Administrator may provide technical 
        assistance to public water systems to facilitate use of 
        innovative water technologies.
          (2) There are authorized to be appropriated to the 
        Administrator for use in providing technical assistance 
        under paragraph (1) $10,000,000 for each of fiscal 
        years 2017 through 2021.

           *       *       *       *       *       *       *


                       STATE REVOLVING LOAN FUNDS

  Sec. 1452. (a) General Authority.--
          (1) Grants to states to establish state loan funds.-- 
         * * *

           *       *       *       *       *       *       *

          (2) Use of funds.--
                  (A) In general.--  * * *

           *       *       *       *       *       *       *

                  (G) Emerging contaminants.--
                          [(i) In general.--Notwithstanding any 
                        other provision of law and subject to 
                        clause (ii),]
                          (i) Drinking water.--
                                  (I) In general.--
                                Notwithstanding any other 
                                provision of law and subject to 
                                subclause (II), amounts 
                                deposited under subsection (t) 
                                in a State loan fund 
                                established under this section 
                                may [only] be used to provide 
                                grants for the purpose of 
                                addressing emerging 
                                contaminants, with a focus on 
                                perfluoroalkyl and 
                                polyfluoroalkyl substances.
                          [(ii)]
                                  (II) Requirements.--
                                  [(I)]
                                          (aa) Small and 
                                        disadvantaged 
                                        communities.--Not less 
                                        than 25 percent of the 
                                        [amounts described in 
                                        clause (i)] amounts 
                                        made available to carry 
                                        out this clause shall 
                                        be used to provide 
                                        grants to--
                                          [(aa)]
                                                  (AA) 
                                                disadvantaged 
                                                communities (as 
                                                defined in 
                                                subsection 
                                                (d)(3)); or
                                          [(bb)]
                                                  (BB) public 
                                                water systems 
                                                serving fewer 
                                                than 25,000 
                                                persons.
                                  [(II)]
                                          (bb) Priorities.--In 
                                        selecting the recipient 
                                        of a grant using 
                                        [amounts described in 
                                        clause (i)] amounts 
                                        made available to carry 
                                        out this clause, a 
                                        State shall use the 
                                        priorities described in 
                                        subsection (b)(3)(A).
                          (ii) Remediation of contamination of 
                        groundwater.--
                                  (I) Definition of eligible 
                                site.--In this clause, the term 
                                `eligible site' means a site at 
                                which an emerging contaminant 
                                is present in, or has the 
                                potential to enter, a public 
                                water system or an underground 
                                source of drinking water.
                                  (II) Grants.--Notwithstanding 
                                any other provision of law and 
                                subject to subclause (III), 
                                amounts deposited under 
                                subsection (t) in a State loan 
                                fund established under this 
                                section may only be used to 
                                provide grants to address 
                                contamination of groundwater at 
                                an eligible site, with a focus 
                                on perfluoroalkyl and 
                                polyfluoroalkyl substances.
                                  (III) Requirements.--
                                          (aa) Priorities.--In 
                                        selecting the recipient 
                                        of a grant using 
                                        amounts made available 
                                        to carry out this 
                                        clause, a State shall 
                                        use the priorities 
                                        described in subsection 
                                        (b)(3)(A).
                                          (bb) Cleanup 
                                        standards.--Any 
                                        detection, treatment, 
                                        and remediation of 
                                        groundwater carried out 
                                        using amounts made 
                                        available to carry out 
                                        this clause shall be 
                                        carried out in 
                                        accordance with 
                                        applicable State 
                                        toxicity values, 
                                        standards, and 
                                        regulations of the 
                                        State in which the 
                                        detection, treatment, 
                                        or remediation is being 
                                        carried out.
                          (iii) No increased bonding 
                        authority.--  * * *

           *       *       *       *       *       *       *

                  (H) Required subsidies for public water 
                systems.--
                          (i) In general.--Notwithstanding any 
                        other provision of this paragraph and 
                        to the extent that there are sufficient 
                        applications from public water systems, 
                        a State shall use not less than 14 
                        percent of a capitalization grant to 
                        the State under this section to provide 
                        the additional subsidies described in 
                        clause (ii) to public water systems if 
                        the additional subsidies described in 
                        that clause are used--
                                  (I) as initial financing for 
                                the public water system; or
                                  (II) to buy, refinance, or 
                                restructure the debt 
                                obligations of the public water 
                                system, if--
                                          (aa) the debt 
                                        obligation was incurred 
                                        on or after the date of 
                                        enactment of this 
                                        subparagraph; or
                                          (bb) for a debt 
                                        obligation that was 
                                        incurred before the 
                                        date of enactment of 
                                        this subparagraph--
                                                  (AA) the 
                                                State, with the 
                                                concurrence of 
                                                the 
                                                Administrator, 
                                                determines that 
                                                the additional 
                                                subsidies 
                                                described in 
                                                clause (ii) 
                                                would help the 
                                                public water 
                                                system address 
                                                a threat to 
                                                public health 
                                                from heightened 
                                                exposure to 
                                                contaminants 
                                                (including 
                                                lead) in 
                                                drinking water; 
                                                or
                                                  (BB) before 
                                                the date of 
                                                enactment of 
                                                this 
                                                subparagraph, 
                                                an emergency 
                                                has been 
                                                declared by the 
                                                President under 
                                                section 501 of 
                                                the Robert T. 
                                                Stafford 
                                                Disaster Relief 
                                                and Emergency 
                                                Assistance Act 
                                                (42 U.S.C. 
                                                5191) or a 
                                                State emergency 
                                                declaration has 
                                                been issued due 
                                                to a threat to 
                                                public health, 
                                                including a 
                                                threat from 
                                                heightened 
                                                exposure to 
                                                lead, in the 
                                                municipal 
                                                drinking water 
                                                supply of the 
                                                public water 
                                                system.
                          (ii) Additional subsidies 
                        described.--The additional subsidies 
                        referred to in clause (i) are--
                                  (I) forgiveness of principal 
                                of loans owed to the State loan 
                                fund of the State;
                                  (II) negative interest loans;
                                  (III) grants; or
                                  (IV) a combination of the 
                                subsidies described in 
                                subclauses (I) through (III).

           *       *       *       *       *       *       *

          (4) American iron and steel products.--
                  (A) In general.--[During fiscal years 2019 
                through 2023, funds] Funds made available from 
                a State loan fund established pursuant to this 
                section may not be used for a project for the 
                construction, alteration, or repair of a public 
                water system unless all of the iron and steel 
                products used in the project are produced in 
                the United States.

           *       *       *       *       *       *       *

  (q) Small System Technical Assistance.--The Administrator may 
reserve up to 2 percent of the total funds made available to 
carry out this section for each of fiscal years [2016 through 
2021] 2021 through 2024 to carry out the provisions of section 
1442(e) (relating to technical assistance for small systems), 
except that the total amount of funds made available for such 
purpose in any fiscal year through appropriations (as 
authorized by section 1442(e)) and reservations made pursuant 
to this subsection shall not exceed the amount authorized by 
section 1442(e).

           *       *       *       *       *       *       *

  (t) Emerging Contaminants.--
          (1) In general.--  * * *

           *       *       *       *       *       *       *

          (2) Authorization of appropriations.--There is 
        authorized to be appropriated to carry out this 
        subsection [$100,000,000 for each of fiscal years 2020] 
        $300,000,000 for each of fiscal years 2021 through 
        2024, to remain available until expended.

                     SOURCE WATER PETITION PROGRAM

  Sec. 1454. (a) Petition Program.--
          (1) In general.--
                  (A) Establishment.--A State may establish a 
                program under which an owner or operator of a 
                community water system in the State, or a 
                municipal or local government or [political 
                subdivision of a State,] political subdivision 
                of a State (including a county that is 
                designated by the State to act on behalf of an 
                unincorporated area within that county, with 
                the agreement of that unincorporated area), may 
                submit a source water quality protection 
                partnership petition to the State requesting 
                that the State assist in the local development 
                of a voluntary, incentive-based partnership, 
                among the owner, operator, or government and 
                other persons likely to be affected by the 
                recommendations of the partnership, to--

           *       *       *       *       *       *       *

          (4) Contents.--  * * *

           *       *       *       *       *       *       *

                  (D) specify the efforts made to establish the 
                voluntary local partnership and obtain the 
                participation of--
                          (i) the municipal or local government 
                        or other political subdivision of the 
                        State (including a county that is 
                        designated by the State to act on 
                        behalf of an unincorporated area within 
                        that county) with jurisdiction over the 
                        source water area delineated under 
                        section 1453; and
          (5) Savings provision.--Unless otherwise provided 
        within the agreement, an agreement between an 
        unincorporated area and a county for the county to 
        submit a petition under paragraph (1)(A) on behalf of 
        the unincorporated area shall not authorize the county 
        to act on behalf of the unincorporated area in any 
        matter not within a program under this section.

           *       *       *       *       *       *       *

  (e) Authorization of Appropriations.--There are authorized to 
be appropriated to carry out this section $5,000,000 for each 
of the fiscal years 2020 through [2021] 2024. Each State with a 
plan for a program approved under subsection (b) shall receive 
an equitable portion of the funds available for any fiscal 
year.

           *       *       *       *       *       *       *


SEC. 1459A. ASSISTANCE FOR SMALL AND DISADVANTAGED COMMUNITIES.

  (a) Definition of Underserved Community.--In this section:
          (1) In general.--  * * *

           *       *       *       *       *       *       *

  (b) Establishment.--
          (1) In general.--  * * *

           *       *       *       *       *       *       *

          (2) Inclusions.--Projects and activities under 
        paragraph (1) include--
                  (A) investments necessary for the public 
                water system to comply with the requirements of 
                this title;
                  (B) assistance that directly and primarily 
                benefits the disadvantaged community on a per-
                household basis; [and]
                  (C) programs to provide household water 
                quality testing, including testing for 
                unregulated contaminants[.] ; and
                  (D) the purchase of point-of-entry or point-
                of-use filters that are independently certified 
                using science-based test methods for the 
                removal of contaminants of concern;
                  (E) investments necessary for providing 
                accurate and current information about--
                          (i) the need for filtration, filter 
                        safety, and proper maintenance 
                        practices; and
                          (ii) the options for replacing lead 
                        service lines (as defined section 
                        1459B(a)) and removing other sources of 
                        lead in water; and
                  (F) entering into contracts with nonprofit 
                organizations that have water system technical 
                expertise to assist underserved communities.
          (3) Contracting parties.--A contract described in 
        paragraph (2)(F) may be between a nonprofit 
        organization described in that paragraph and--
                  (A) an eligible entity; or
                  (B) the State of an eligible entity, on 
                behalf of that eligible entity.
  (c) Eligible Entities.--[An eligible entity] Except for 
purposes of subsections (j) and (m), an eligible entity under 
this section--

           *       *       *       *       *       *       *

  (g) Cost Sharing.--Before providing a grant to an eligible 
entity under this section, the Administrator shall enter into a 
binding agreement with the eligible entity to require the 
eligible entity--
          (1) [to pay not less than 45 percent] except as 
        provided in subsection (l)(5) and subject to subsection 
        (h), to pay not less than 10 percent of the total costs 
        of the project or activity, which may include services, 
        materials, supplies, or other in-kind contributions;

           *       *       *       *       *       *       *

  [(h) Waiver.--The Administrator may waive, in whole or in 
part, the requirement under subsection (g)(1) if the 
Administrator determines that an eligible entity is unable to 
pay, or would experience significant financial hardship if 
required to pay, the non-Federal share.]
  (h) Waiver.--The Administrator may waive the requirement 
under subsection (g)(1).

           *       *       *       *       *       *       *

  [(k) Authorization of Appropriations.--There are authorized 
to be appropriated to carry out subsections (a) through (j) of 
this section, $60,000,000 for each of fiscal years 2017 through 
2021.]
  (k) Authorization of Appropriations.--There are authorized to 
be appropriated to carry out subsections (a) through (j)--
          (1) $60,000,000 for fiscal year 2021; and
          (2) $100,000,000 for each of fiscal years 2022 
        through 2024.
  (l) Drinking Water Infrastructure Resilience and 
Sustainability.--
          (1) Resilience and natural hazard.--The terms 
        ``resilience'' and ``natural hazard'' have the meaning 
        given such terms in section 1433(h).
          (2) In general.--[The Administrator may] The 
        Administrator shall establish and carry out a program, 
        to be known as the Drinking Water System Infrastructure 
        Resilience and Sustainability Program, under which the 
        Administrator, subject to the availability of 
        appropriations for such purpose, shall award grants in 
        each of fiscal years [2019 and 2020] fiscal years 2021 
        through 2024 to eligible entities for the purpose of 
        increasing resilience to natural hazards.

           *       *       *       *       *       *       *

          (4) Application.--To seek a grant under this 
        subsection, the eligible entity shall submit to the 
        Administrator an application that--
                  (A)  * * *

           *       *       *       *       *       *       *

          (5) Federal share for underserved communities.--
                  (A) In general.--Subject to subparagraph (B), 
                with respect to a program or project that 
                serves an underserved community and is carried 
                out using a grant under this subsection, the 
                Federal share of the cost of the program or 
                project shall be 90 percent.
                  (B) Waiver.--The Administrator may increase 
                the Federal share under subparagraph (A)(ii) to 
                100 percent.
          [(5)] (6) Authorization of appropriations.--There is 
        authorized to be appropriated to carry out this 
        subsection [$4,000,000 for each of fiscal years 2019 
        and 2020] $10,000,000 for each of fiscal years 2021 
        through 2024.
  (m) Connection to Public Water Systems.--
          (1) Definitions.--In this subsection:
                  (A) Eligible entity.--The term `eligible 
                entity' means--
                          (i) an owner or operator of a public 
                        water system that assists or is seeking 
                        to assist eligible individuals with 
                        connecting the household of the 
                        eligible individual to the public water 
                        system; or
                          (ii) a nonprofit entity that assists 
                        or is seeking to assist eligible 
                        individuals with the costs associated 
                        with connecting the household of the 
                        eligible individual to a public water 
                        system.
                  (B) Eligible individual.--The term `eligible 
                individual' has the meaning given the term in 
                section 603(j) of the Federal Water Pollution 
                Control Act (33 U.S.C. 1383(j)).
                  (C) Program.--The term `program' means the 
                competitive grant program established under 
                paragraph (2).
          (2) Establishment.--Subject to the availability of 
        appropriations, the Administrator shall establish a 
        competitive grant program under which the Administrator 
        awards grants to eligible entities to provide funds to 
        assist eligible individuals in covering the costs 
        incurred by the eligible individual in connecting the 
        household of the eligible individual to a public water 
        system.
          (3) Application.--An eligible entity seeking a grant 
        under the program shall submit to the Administrator an 
        application at such time, in such manner, and 
        containing such information as the Administrator may 
        require.
          (4) Voluntary connection.--Before providing funds to 
        an eligible individual for the costs described in 
        paragraph (2), an eligible entity shall ensure that--
                  (A) the eligible individual is voluntarily 
                seeking connection to the public water system;
                  (B) if the eligible entity is not the owner 
                or operator of the public water system to which 
                the eligible individual seeks to connect, the 
                public water system to which the eligible 
                individual seeks to connect has agreed to the 
                connection; and
                  (C) the connection of the household of the 
                eligible individual to the public water system 
                meets all applicable local and State 
                regulations, requirements, and codes.
          (5) Authorization of appropriations.--There is 
        authorized to be appropriated to carry out the program 
        $20,000,000 for each of fiscal years 2021 and 2022.
  (n) State Competitive Grants for Underserved Communities.--
          (1) In general.--In addition to amounts authorized to 
        be appropriated under subsection (k), there is 
        authorized to be appropriated to carry out subsections 
        (a) through (j) $50,000,000 for each of fiscal years 
        2021 through 2024 in accordance with paragraph (2).
          (2) Competitive grants.--
                  (A) In general.--Notwithstanding any other 
                provision of this section, the Administrator 
                shall distribute amounts made available under 
                paragraph (1) to States through a competitive 
                grant program.
                  (B) Applications.--To seek a grant under the 
                competitive grant program under subparagraph 
                (A), a State shall submit to the Administrator 
                an application at such time, in such manner, 
                and containing such information as the 
                Administrator may require.
                  (C) Prioritization.--In selecting recipients 
                of grants under the competitive grant program 
                under subparagraph (A), the Administrator shall 
                give priority to States with a high proportion 
                of underserved communities that meet the 
                condition described in subsection (a)(2)(A).
          (3) Savings provision.--Nothing in this paragraph 
        affects the distribution of amounts made available 
        under subsection (k), including any methods used by the 
        Administrator for distribution of amounts made 
        available under that subsection as in effect on the day 
        before the date of enactment of this subsection.

SEC. 1459B. REDUCING LEAD IN DRINKING WATER.

  (a) Definitions.--  * * *

           *       *       *       *       *       *       *

  (c) Limitation on Use of Funds.--Not more than 4 percent of 
funds made available for grants under this section may be used 
to pay the administrative costs of the Administrator.
  (d) Lead Mapping Utilization Grant Pilot Program.--
          (1) Definitions.--In this subsection:
                  (A) Eligible entity.--The term `eligible 
                entity' means a municipality that is served by 
                a community water system or a nontransient 
                noncommunity water system in which not less 
                than 30 percent of the service lines are known, 
                or likely to contain, lead service lines.
                  (B) Pilot program.--The term `pilot program' 
                means the pilot program established under 
                paragraph (2).
          (2) Establishment.--The Administrator shall establish 
        a pilot program under which the Administrator shall 
        provide grants to eligible entities to carry out lead 
        reduction projects that are demonstrated to exist based 
        on existing lead mapping of those eligible entities.
          (3) Selection.--
                  (A) Application.--To be eligible to receive a 
                grant under the pilot program, an eligible 
                entity shall submit to the Administrator an 
                application at such time, in such manner, and 
                containing such information as the 
                Administrator may require.
                  (B) Prioritization.--In selecting recipients 
                under the pilot program, the Administrator 
                shall give priority to an eligible entity that 
                meets the affordability criteria established by 
                the applicable State.
          (4) Report.--Not later 2 years after the 
        Administrator first awards a grant under the pilot 
        program, the Administrator shall submit to the 
        Committee on Environment and Public Works of the Senate 
        and the Committee on Energy and Commerce of the House 
        of Representatives a report describing--
                  (A) the recipients of grants under the pilot 
                program;
                  (B) the existing lead mapping that was 
                available to recipients of grants under the 
                pilot program; and
                  (C) how useful and accurate the lead mapping 
                described in subparagraph (B) was in locating 
                lead contaminants of the eligible entity.
          (5) Authorization of appropriations.--There is 
        authorized to be appropriated to carry out the pilot 
        program $10,000,000, to remain available until 
        expended.
  [(d)] (e) Authorization of Appropriations.--There is 
authorized to be appropriated to carry out this section (except 
for subsection (d)) $60,000,000 for each of fiscal years 2017 
through [2021] 2022.
  [(e)] (f) Savings Clause.--Nothing in this section affects 
whether a public water system is responsible for the 
replacement of a lead service line that is--
          (1) subject to the control of the public water 
        system; and
          (2) located on private property.

           *       *       *       *       *       *       *


SEC. 1459D. REVIEW OF TECHNOLOGIES.

  (a) Review.--  * * *

           *       *       *       *       *       *       *


SEC. 1459E. OPERATIONAL SUSTAINABILITY OF SMALL PUBLIC WATER SYSTEMS.

  (a) Definitions.--In this section:
          (1) Eligible entity.--The term `eligible entity' 
        means--
                  (A) a unit of local government;
                  (B) a public corporation established by a 
                unit of local government to provide water 
                service;
                  (C) a nonprofit corporation, public trust, or 
                cooperative association that owns or operates a 
                public water system; and
                  (D) an Indian Tribe that owns or operates a 
                public water system.
          (2) Operational sustainability.--The term 
        `operational sustainability' means the ability to 
        improve the operation of a small system through the 
        identification and prevention of potable water loss due 
        to leaks, breaks, and other metering or infrastructure 
        failures.
          (3) Program.--The term `program' means the grant 
        program established under subsection (b).
          (4) Small system.--The term `small system' means a 
        public water system that--
                  (A) serves fewer than 10,000 people; and
                  (B) is owned or operated by--
                          (i) a unit of local government;
                          (ii) a public corporation;
                          (iii) a nonprofit corporation;
                          (iv) a public trust;
                          (v) a cooperative association; or
                          (vi) an Indian Tribe.
  (b) Establishment.--Subject to the availability of 
appropriations, the Administrator shall establish a program to 
award grants to eligible entities for the purpose of improving 
the operational sustainability of 1 or more small systems.
  (c) Applications.--To be eligible to receive a grant under 
the program, an eligible entity shall submit to the 
Administrator an application at such time, in such manner, and 
containing such information as the Administrator may require, 
including--
          (1) a proposal of the project to be carried out using 
        grant funds under the program;
          (2) documentation prepared by the eligible entity 
        describing the deficiencies or suspected deficiencies 
        in operational sustainability of 1 or more small 
        systems that are to be addressed through the proposed 
        project;
          (3) a description of how the proposed project will 
        improve the operational sustainability of 1 or more 
        small systems;
          (4) a description of how the improvements described 
        in paragraph (3) will be maintained beyond the life of 
        the proposed project, including a plan to maintain and 
        update any asset data collected as a result of the 
        proposed project;
          (5)(A) if the eligible entity is located in a State 
        that has established a State drinking water treatment 
        revolving loan fund under section 1452, a copy of a 
        written agreement between the eligible entity and the 
        State in which the eligible entity agrees to provide a 
        copy of any data collected under the proposed project 
        to the State agency administering the State drinking 
        water treatment revolving loan fund (or a designee); or
          (B) if the eligible entity is located in an area 
        other than a State that has established a State 
        drinking water treatment revolving loan fund under 
        section 1452, a copy of a written agreement between the 
        eligible entity and the Administrator in which the 
        eligible entity agrees to provide a copy of any data 
        collected under the proposed project to the 
        Administrator (or a designee); and
          (6) any additional information the Administrator may 
        require.
  (d) Use of Funds.--An eligible entity that receives a grant 
under the program shall use the grant funds to carry out 
projects that improve the operational sustainability of 1 or 
more small systems through--
          (1) the development of a detailed asset inventory, 
        which may include drinking water sources, wells, 
        storage, valves, treatment systems, distribution lines, 
        hydrants, pumps, controls, and other essential 
        infrastructure;
          (2) the development of an infrastructure asset map, 
        including a map that uses technology such as--
                  (A) geographic information system software; 
                and
                  (B) global positioning system software;
          (3) the deployment of leak detection technology;
          (4) the deployment of metering technology;
          (5) training in asset management strategies, 
        techniques, and technologies appropriate staff employed 
        by--
                  (A) the eligible entity; or
                  (B) the small systems for which the grant was 
                received; and
          (6) the development or deployment of other 
        strategies, techniques, or technologies that the 
        Administrator may determine to be appropriate under the 
        program.
  (e) Cost Share.--
          (1) In general.--Subject to paragraph (2), the 
        Federal share of the cost of a project carried out 
        using a grant under the program shall be 90 percent of 
        the total cost of the project.
          (2) Waiver.--The Administrator may increase the 
        Federal share under paragraph (1) to 100 percent.
  (f) Authorization of Appropriations.--There is authorized to 
be appropriated to carry out this section $10,000,000 for each 
of fiscal years 2021 through 2024.

SEC. 1459F. MIDSIZE DRINKING WATER SYSTEM INFRASTRUCTURE RESILIENCE AND 
                    SUSTAINABILITY PROGRAM.

  (a) Definitions.--In this section:
          (1) Eligible entity.--The term `eligible entity' 
        means a public water system that serves a community 
        with a population of--
                  (A) greater than 10,000; and
                  (B) fewer than 100,000.
          (2) Natural hazard; resilience.--The terms 
        `resilience' and `natural hazard' have the meanings 
        given those terms in section 1433(h).
          (3) Resilience and sustainability program.--The term 
        `resilience and sustainability program' means the 
        Midsize Drinking Water System Infrastructure Resilience 
        and Sustainability Program established under subsection 
        (b).
  (b) Establishment.--The Administrator shall establish and 
carry out a program, to be known as the `Midsize Drinking Water 
System Infrastructure Resilience and Sustainability Program', 
under which the Administrator, subject to the availability of 
appropriations for the resilience and sustainability program, 
shall award grants to eligible entities for the purpose of 
increasing resilience to natural hazards.
  (c) Use of Funds.--An eligible entity may only use grant 
funds received under the resilience and sustainability program 
to assist in the planning, design, construction, 
implementation, operation, or maintenance of a program or 
project that increases resilience to natural hazards through--
          (1) the conservation of water or the enhancement of 
        water-use efficiency;
          (2) the modification or relocation of existing 
        drinking water system infrastructure made, or that is 
        at risk of being, significantly impaired by natural 
        hazards, including risks to drinking water from 
        flooding;
          (3) the design or construction of new or modified 
        desalination facilities to serve existing communities;
          (4) the enhancement of water supply through the use 
        of watershed management and source water protection;
          (5) the enhancement of energy efficiency or the use 
        and generation of renewable energy in the conveyance or 
        treatment of drinking water; or
          (6) the development and implementation of measures to 
        increase the resilience of the eligible entity to 
        natural hazards.
  (d) Application.--To seek a grant under the resilience and 
sustainability program, an eligible entity shall submit to the 
Administrator an application at such time, in such manner, and 
containing such information as the Administrator may require, 
including--
          (1) a proposal of the program or project to be 
        planned, designed, constructed, implemented, operated, 
        or maintained by the eligible entity;
          (2) an identification of the natural hazard risk to 
        be addressed by the proposed program or project;
          (3) documentation prepared by a Federal, State, 
        regional, or local government agency of the natural 
        hazard risk to the area where the proposed program or 
        project is to be located;
          (4) a description of any recent natural hazard events 
        that have affected the community water system of the 
        eligible entity;
          (5) a description of how the proposed program or 
        project would improve the performance of the community 
        water system of the eligible entity under the 
        anticipated natural hazards; and
          (6) an explanation of how the proposed program or 
        project is expected to enhance the resilience of the 
        community water system of the eligible entity to the 
        anticipated natural hazards.
  (e) Authorization of Appropriations.--There is authorized to 
be appropriated to carry out the resilience and sustainability 
program $10,000,000 for each of fiscal years 2021 through 2024.

SEC. 1459G. NEEDS ASSESSMENT FOR NATIONWIDE RURAL AND URBAN LOW-INCOME 
                    COMMUNITY WATER ASSISTANCE.

  (a) Definition of Low-income Household.--In this section, the 
term `low-income household' means a household that has an 
income that, as determined by the State in which the household 
is located, does not exceed the greater of--
          (1) an amount equal to 150 percent of the poverty 
        level of that State; and
          (2) an amount equal to 60 percent of the State median 
        income for that State.
  (b) Study; Report.--
          (1) In general.--Subject to the availability of 
        appropriations, not later than 2 years after the date 
        of enactment of this section, the Administrator shall 
        conduct, and submit to Congress a report describing the 
        results of, a study regarding the prevalence throughout 
        the United States of low-income households, including 
        low-income renters, that do not have access to 
        affordable public drinking water services to meet 
        household needs.
          (2) Inclusions.--The report under paragraph (1) shall 
        include--
                  (A) recommendations of the Administrator 
                regarding the best methods to increase access 
                to affordable and reliable drinking water 
                services;
                  (B) a description of the cost of each method 
                described in subparagraph (A); and
                  (C) with respect to the development of the 
                report, a consultation with all relevant 
                stakeholders.
          (3) Agreements.--The Administrator may enter into an 
        agreement with another Federal agency to carry out the 
        study under paragraph (1).
  (c) Authorization of Appropriations.--There is authorized to 
be appropriated to carry out this section $5,000,000, to remain 
available until expended.

           *       *       *       *       *       *       *

  Sec. 1464. (a)  * * *

           *       *       *       *       *       *       *

  (b) Guidance Document and Testing Protocol.--The 
Administrator shall publish a guidance document and a testing 
protocol to assist public water systems and schools in 
determining the source and degree of lead contamination in 
school drinking water supplies and in remedying such 
contamination. The guidance document shall include guidelines 
for sample preservation. The guidance document shall also 
include guidance to assist States, schools, public water 
systems, and the general public in ascertaining the levels of 
lead contamination in drinking water coolers and in taking 
appropriate action to reduce or eliminate such contamination. 
The guidance document shall contain a testing protocol for the 
identification of drinking water coolers which contribute to 
lead contamination in drinking water. Such document and 
protocol may be revised, republished and redistributed as the 
Administrator deems necessary. The Administrator shall 
distribute the guidance document and testing protocol to the 
States [within 100 days after the enactment of this section] 
not later than 100 days after the date of enactment of the 
Drinking Water Infrastructure Act of 2020.

           *       *       *       *       *       *       *

  (d) Voluntary School and Child Care Program Lead Testing 
Grant Program.--
          (1) Definitions.--  * * *

           *       *       *       *       *       *       *

          (2) Establishment.--
                  (A) In general.--Not later than 180 days 
                after the date of enactment of the Water and 
                Waste Act of 2016, the Administrator shall 
                establish a voluntary school and child care 
                program lead testing grant program to make 
                [grants available to States] grants available 
                to--
                          (i) States to assist local 
                        educational agencies , public water 
                        systems that serve schools and child 
                        care programs under the jurisdiction of 
                        those local educational agencies, and 
                        qualified nonprofit organizations in 
                        voluntary testing for lead 
                        contamination in drinking water at 
                        schools and child care programs under 
                        the jurisdiction of the local 
                        educational agencies[.] ; and
                          (ii) tribal consortia to assist 
                        tribal education agencies (as defined 
                        in section 3 of the National 
                        Environmental Education Act (20 U.S.C. 
                        5502) in voluntary testing for lead 
                        contamination in drinking water at 
                        schools and child care programs under 
                        the jurisdiction of the tribal 
                        education agency.
                  (B) Direct grants to local educational 
                agencies.--The Administrator may make a grant 
                for the voluntary testing described in 
                subparagraph (A) directly available to--
                          (i) any local educational agency 
                        described in clause (i) or (iii) of 
                        paragraph (1)(B) located in a State 
                        that does not participate in the 
                        voluntary grant program established 
                        under subparagraph (A); [or]
                          (ii) any local educational agency 
                        described in clause (ii) of paragraph 
                        (1)(B)[.] ; and
                          (iii) any public water system that is 
                        located in a State that does not 
                        participate in the voluntary grant 
                        program established under subparagraph 
                        (A) that--
                                  (I) assists schools or child 
                                care programs in lead testing; 
                                or
                                  (II) provides technical 
                                assistance to schools or child 
                                care programs in carrying out 
                                lead testing; or
                          (iv) a qualified nonprofit 
                        organization, as determined by the 
                        Administrator.
          (3) Application.--To be eligible to receive a grant 
        under this subsection, a [State or local educational 
        agency] State, local educational agency, public water 
        system, tribal consortium, or qualified nonprofit 
        organization shall submit to the Administrator an 
        application at such time, in such manner, and 
        containing such information as the Administrator may 
        require.
          (4) Priority.--In making grants under this 
        subsection, the Administrator shall give priority to 
        [States and local educational agencies] States, local 
        educational agencies, public water systems, tribal 
        consortia, and qualified nonprofit organizations that 
        will assist in voluntary testing for lead contamination 
        in drinking water at schools and child care programs 
        that are in low-income areas.
          (5) Limitation on use of funds.--Not more than 4 
        percent of grant funds accepted by a [State or local 
        educational agency] State, local educational agency, 
        public water system, tribal consortium, or qualified 
        nonprofit organization for a fiscal year under this 
        subsection shall be used to pay the administrative 
        costs of carrying out this subsection.
          (6) Guidance; public availability.--As a condition of 
        receiving a grant under this subsection, the recipient 
        [State or local educational agency] State, local 
        educational agency, public water system, tribal 
        consortium, or qualified nonprofit organization shall 
        ensure that each local educational agency, public water 
        system, tribal consortium, or qualified nonprofit 
        organization to which grant funds are distributed 
        shall--
                  (A) expend grant funds in accordance with--
                          (i) the guidance of the Environmental 
                        Protection Agency entitled ``3Ts for 
                        Reducing Lead in Drinking Water in 
                        Schools: Revised Technical Guidance'' 
                        and dated October 2006 (or any 
                        successor guidance); or
                          (ii) applicable State or tribal 
                        regulations or guidance regarding 
                        reducing lead in drinking water in 
                        schools and child care programs that 
                        are not less stringent than the 
                        guidance referred to in clause (i); and
                  (B)(i) make available, if applicable, in the 
                administrative offices and, to the extent 
                practicable, on the Internet website of the 
                applicable local educational agency for 
                inspection by the public (including teachers, 
                other school personnel, and parents) a copy of 
                the results of any voluntary testing for lead 
                contamination in school and child care program 
                drinking water carried out using grant funds 
                under this subsection; and
                  (ii) notify parent, teacher, and employee 
                organizations of the availability of the 
                results described in clause (i).
          (7) Maintenance of effort.--If resources are 
        available to a [State or local educational agency] 
        State, local educational agency, public water system, 
        tribal consortium, or qualified nonprofit organization 
        from any other Federal agency, a State, or a private 
        foundation for testing for lead contamination in 
        drinking water, the [State or local educational agency] 
        State, local educational agency, public water system, 
        tribal consortium, or qualified nonprofit organization 
        shall demonstrate that the funds provided under this 
        subsection will not displace those resources.
          (8) Authorization of appropriations.--There are 
        authorized to be appropriated to carry out this 
        subsection $20,000,000 for each of fiscal years 2017 
        through 2019, and $25,000,000 for each of fiscal years 
        [2020 and 2021] 2021 and 2022.

America's Water Infrastructure Act of 2018

           *       *       *       *       *       *       *



SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

  (a) [33 U.S.C. 2201 note] Short Title.--This Act may be cited 
as ``America's Water Infrastructure Act of 2018''.
  (b) Table of Contents.--  * * *

           *       *       *       *       *       *       *


              TITLE II--DRINKING WATER SYSTEM IMPROVEMENT

SEC. 2001. [42 U.S.C. 300J-3C NOTE] INDIAN RESERVATION DRINKING WATER 
                    PROGRAM.

  (a) In General.--[Subject to the availability of 
appropriations, the Administrator of the Environmental 
Protection Agency] The Administrator of the Environmental 
Protection Agency (referred to in this section as the 
`Administrator') shall carry out a program [to implement--
          [(1) 10 eligible projects described in subsection (b) 
        that are within the Upper Missouri River Basin; and
          [(2) 10 eligible projects described in subsection (b) 
        that are within the Upper Rio Grande Basin.] to 
        implement eligible projects described in subsection 
        (b).

           *       *       *       *       *       *       *

  [(c) Requirement.--In carrying out the program under 
subsection (a)(1), the Administrator of the Environmental 
Protection Agency shall select not less than one eligible 
project for a reservation that serves more than one federally 
recognized Indian Tribe.]
  (c) Required Projects.--
          (1) In general.--If sufficient applications exist, of 
        the funds made available to carry out this section, the 
        Administrator shall use 50 percent to carry out--
                  (A) 10 eligible projects described in 
                subsection (b) that are within the Upper 
                Missouri River Basin;
                  (B) 10 eligible projects described in 
                subsection (b) that are within the Upper Rio 
                Grande Basin; and
                  (C) 10 eligible projects described in 
                subsection (b) that are within the Columbia 
                River Basin.
          (2) Requirement.--In carrying out paragraph (1)(A), 
        the Administrator shall select not fewer than 2 
        eligible projects for a reservation that serves more 
        than 1 federally recognized Indian Tribe.
  (d) Federal Share.--The Federal share of the cost of a 
project carried out under this section shall be 100 percent.
  [(d)] (e) Authorization of Appropriations.--[There is] There 
are authorized to be appropriated to carry out the program 
under [subsection (a) $20,000,000] subsection (a)--
          (1) $20,000,000 for each of fiscal years 2019 through 
        [2022.] 2020; and
          (2) $50,000,000 for each of fiscal years 2021 through 
        2024.

           *       *       *       *       *       *       *


                                 [all]