[House Report 117-76]
[From the U.S. Government Publishing Office]


117th Congress    }                                     {      Report
                        HOUSE OF REPRESENTATIVES
 1st Session      }                                     {      117-76

======================================================================



 
           ASSISTANCE, QUALITY, AND AFFORDABILITY ACT OF 2021

                                _______
                                

 June 29, 2021.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

 Mr. Pallone, from the Committee on Energy and Commerce, submitted the 
                               following

                              R E P O R T

                             together with

                            DISSENTING VIEWS

                        [To accompany H.R. 3291]

    The Committee on Energy and Commerce, to whom was referred 
the bill (H.R. 3291) to amend the Safe Drinking Water Act to 
provide assistance for States, territories, areas affected by 
natural disasters, and water systems and schools affected by 
PFAS or lead, and to require the Environmental Protection 
Agency to promulgate national primary drinking water 
regulations for PFAS, microcystin toxin, and 1,4-dioxane, and 
for other purposes, having considered the same, reports 
favorably thereon with an amendment and recommends that the 
bill as amended do pass.

                                CONTENTS

                                                                   Page
   I. Purpose and Summary............................................11
  II. Background and Need for the Legislation........................11
 III. Committee Hearings.............................................14
  IV. Committee Consideration........................................15
   V. Committee Votes................................................15
  VI. Oversight Findings.............................................22
 VII. New Budget Authority, Entitlement Authority, and Tax Expenditur22
VIII. Federal Mandates Statement.....................................22
  IX. Statement of General Performance Goals and Objectives..........22
   X. Duplication of Federal Programs................................22
  XI. Committee Cost Estimate........................................22
 XII. Earmarks, Limited Tax Benefits, and Limited Tariff Benefits....23
XIII. Advisory Committee Statement...................................23
 XIV. Applicability to Legislative Branch............................23
  XV. Section-by-Section Analysis of the Legislation.................23
 XVI. Changes in Existing Law Made by the Bill, as Reported..........25
XVII. Dissenting Views..............................................108

    The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

  (a) Short Title.--This Act may be cited as the ``Assistance, Quality, 
and Affordability Act of 2021''.
  (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.

                        TITLE I--INFRASTRUCTURE

Sec. 101. Drinking water system resilience funding.
Sec. 102. Grants for State programs.
Sec. 103. American iron and steel products.
Sec. 104. Assistance for disadvantaged communities.
Sec. 105. Allotments for territories.
Sec. 106. Drinking water SRF funding.
Sec. 107. Lead service line replacement.
Sec. 108. Drinking water assistance to colonias.
Sec. 109. PFAS treatment grants.
Sec. 110. Voluntary school and child care program lead testing grant 
program.
Sec. 111. Grant program for installation of filtration stations at 
schools and child care programs.
Sec. 112. Drinking water fountain replacement for schools.
Sec. 113. Indian reservation drinking water program.
Sec. 114. Assistance for areas affected by natural disasters.

                            TITLE II--SAFETY

Sec. 201. Enabling EPA to set standards for new drinking water 
contaminants.
Sec. 202. National primary drinking water regulations for PFAS.
Sec. 203. National primary drinking water regulations for microcystin 
toxin.
Sec. 204. National primary drinking water regulations for 1,4-dioxane.
Sec. 205. Elimination of small system variances.

                        TITLE III--AFFORDABILITY

Sec. 301. Emergency relief program.

                        TITLE IV--OTHER MATTERS

Sec. 401. Small urban and rural water system consolidation report.

                        TITLE I--INFRASTRUCTURE

SEC. 101. DRINKING WATER SYSTEM RESILIENCE FUNDING.

  Section 1433(g) of the Safe Drinking Water Act (42 U.S.C. 300i-2(g)) 
is amended--
          (1) in paragraph (1), by striking ``and 2021'' and inserting 
        ``through 2031''; and
          (2) in paragraph (6)--
                  (A) by striking ``25,000,000'' and inserting 
                ``50,000,000''; and
                  (B) by striking ``2020 and 2021'' and inserting 
                ``2022 through 2031''.

SEC. 102. GRANTS FOR STATE PROGRAMS.

  Section 1443(a)(7) of the Safe Drinking Water Act (42 U.S.C. 300j-
2(a)(7)) is amended by striking ``and 2021'' and inserting ``through 
2031''.

SEC. 103. AMERICAN IRON AND STEEL PRODUCTS.

  Section 1452(a)(4)(A) of the Safe Drinking Water Act (42 U.S.C. 300j-
12(a)(4)(A)) is amended by striking ``During fiscal years 2019 through 
2023, funds'' and inserting ``Funds''.

SEC. 104. ASSISTANCE FOR DISADVANTAGED COMMUNITIES.

  Section 1452(d)(2)(A) of the Safe Drinking Water Act (42 U.S.C. 300j-
12(d)(2)(A)) is amended by striking ``35 percent'' and inserting ``40 
percent''.

SEC. 105. ALLOTMENTS FOR TERRITORIES.

  Section 1452(j) of the Safe Drinking Water Act (42 U.S.C. 300j-12(j)) 
is amended by striking ``0.33 percent'' and inserting ``1.5 percent''.

SEC. 106. DRINKING WATER SRF FUNDING.

  Section 1452(m)(1) of the Safe Drinking Water Act (42 U.S.C. 300j-
12(m)(1)) is amended--
          (1) in subparagraph (B), by striking ``and'';
          (2) in subparagraph (C), by striking ``2021.'' and inserting 
        ``2021;''; and
          (3) by adding at the end the following:
                  ``(D) $4,140,000,000 for fiscal year 2022;
                  ``(E) $4,800,000,000 for fiscal year 2023; and
                  ``(F) $5,500,000,000 for each of fiscal years 2024 
                through 2031.''.

SEC. 107. LEAD SERVICE LINE REPLACEMENT.

  (a) In General.--Section 1452 of the Safe Drinking Water Act (42 
U.S.C. 300j-12) is amended by adding at the end the following:
  ``(u) Lead Service Line Replacement.--
          ``(1) In general.--In addition to the capitalization grants 
        to eligible States under subsection (a)(1), the Administrator 
        shall offer to enter into agreements with States, Indian 
        Tribes, and the territories described in subsection (j) to make 
        grants, including letters of credit, to such States, Indian 
        Tribes, and territories under this subsection to fund the 
        replacement of lead service lines.
          ``(2) Allotments.--
                  ``(A) States.--Funds made available to carry out this 
                subsection shall be--
                          ``(i) allotted and reallotted to the extent 
                        practicable to States as if allotted or 
                        reallotted under subsection (a)(1) as a 
                        capitalization grant under such subsection; and
                          ``(ii) deposited into the State loan fund of 
                        a State receiving such funds pursuant to an 
                        agreement entered into pursuant to this 
                        subsection.
                  ``(B) Indian tribes.--The Administrator shall set 
                aside 1\1/2\ percent of the amounts made available each 
                fiscal year to carry out this subsection to make grants 
                to Indian Tribes.
                  ``(C) Other areas.--Funds made available to carry out 
                this subsection shall be allotted to territories 
                described in subsection (j) in accordance with such 
                subsection.
          ``(3) Grants.--Notwithstanding any other provision of this 
        section, funds made available under this subsection shall be 
        used only for providing grants for the replacement of lead 
        service lines.
          ``(4) Priority.--Each State, Indian Tribe, and territory that 
        has entered into an agreement pursuant to this subsection shall 
        annually prepare a plan that identifies the intended uses of 
        the amounts made available to such State, Indian Tribe, or 
        territory under this subsection, and any such plan shall--
                  ``(A) not be required to comply with subsection 
                (b)(3); and
                  ``(B) provide, to the maximum extent practicable, 
                that priority for the use of funds be given to projects 
                that replace lead service lines serving disadvantaged 
                communities and environmental justice communities.
          ``(5) Plan for replacement.--Each State, Indian Tribe, and 
        territory that has entered into an agreement pursuant to this 
        subsection shall require each recipient of funds made available 
        pursuant to this subsection to submit to the State, Indian 
        Tribe, or territory a plan to replace all lead service lines in 
        the applicable public water system within 10 years of receiving 
        such funds.
          ``(6) American made iron and steel and prevailing wages.--The 
        requirements of paragraphs (4) and (5) of subsection (a) shall 
        apply to any project carried out in whole or in part with funds 
        made available under or pursuant to this subsection.
          ``(7) Limitation.--
                  ``(A) Prohibition on partial line replacement.--No 
                funds made available pursuant to this subsection may be 
                used for partial lead service line replacement if, at 
                the conclusion of the service line replacement, 
                drinking water is delivered through a publicly or 
                privately owned portion of a lead service line.
                  ``(B) No private owner contribution.--Any recipient 
                of funds made available pursuant to this subsection for 
                lead service line replacement shall offer to replace 
                any privately owned portion of any lead service line 
                with respect to which such funds are used at no cost to 
                the private owner.
          ``(8) Disadvantaged community assistance.--All funds made 
        available pursuant to this subsection to fund the replacement 
        of lead service lines may be used to replace lead service lines 
        serving disadvantaged communities.
          ``(9) State contribution not required.--No agreement entered 
        into pursuant to paragraph (1) shall require that a State 
        deposit, at any time, in the applicable State loan fund from 
        State moneys any contribution in order to receive funds under 
        this subsection.
          ``(10) Authorization of appropriations.--
                  ``(A) In general.--There are authorized to be 
                appropriated to carry out this subsection 
                $4,500,000,000 for each of fiscal years 2022 through 
                2031. Such sums shall remain available until expended.
                  ``(B) Additional amounts.--To the extent amounts 
                authorized to be appropriated under this subsection in 
                any fiscal year are not appropriated in that fiscal 
                year, such amounts are authorized to be appropriated in 
                a subsequent fiscal year. Such sums shall remain 
                available until expended.
          ``(11) Definitions.--For purposes of this subsection:
                  ``(A) Disadvantaged community.--The term 
                `disadvantaged community' has the meaning given such 
                term in subsection (d)(3).
                  ``(B) Environmental justice community.--The term 
                `environmental justice community' means any population 
                of color, community of color, indigenous community, or 
                low-income community that experiences a 
                disproportionate burden of the negative human health 
                and environmental impacts of pollution or other 
                environmental hazards.
                  ``(C) Lead service line.--The term `lead service 
                line' means a pipe and its fittings, which are not lead 
                free (as defined in section 1417(d)), that connect the 
                drinking water main to the building inlet.''.
  (b) Conforming Amendment.--Section 1452(m)(1) of the Safe Drinking 
Water Act (42 U.S.C. 300j-12(m)(1)) is amended by striking ``(a)(2)(G) 
and (t)'' and inserting ``(a)(2)(G), (t), and (u)''.

SEC. 108. DRINKING WATER ASSISTANCE TO COLONIAS.

  Section 1456 of the Safe Drinking Water Act (42 U.S.C. 300j-16) is 
amended--
          (1) in subsection (a)--
                  (A) by redesignating paragraph (2) as paragraph (3); 
                and
                  (B) by inserting after paragraph (1) the following 
                new paragraph:
          ``(2) Covered entity.--The term `covered entity' means each 
        of the following:
                  ``(A) A border State.
                  ``(B) A local government with jurisdiction over an 
                eligible community.'';
          (2) in subsection (b), by striking ``border State'' and 
        inserting ``covered entity'';
          (3) in subsection (d), by striking ``shall not exceed 50 
        percent'' and inserting ``may not be less than 80 percent''; 
        and
          (4) in subsection (e)--
                  (A) by striking ``$25,000,000'' and inserting 
                ``$100,000,000''; and
                  (B) by striking ``1997 through 1999'' and inserting 
                ``2022 through 2026''.

SEC. 109. PFAS TREATMENT GRANTS.

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

``SEC. 1459E. ASSISTANCE FOR COMMUNITY WATER SYSTEMS AFFECTED BY PFAS.

  ``(a) Establishment.--Not later than 180 days after the date of 
enactment of this section, the Administrator shall establish a program 
to award grants to affected community water systems to pay for capital 
costs associated with the implementation of eligible treatment 
technologies.
  ``(b) Applications.--
          ``(1) Guidance.--Not later than 12 months after the date of 
        enactment of this section, the Administrator shall publish 
        guidance describing the form and timing for community water 
        systems to apply for grants under this section.
          ``(2) Required information.--The Administrator shall require 
        a community water system applying for a grant under this 
        section to submit--
                  ``(A) information showing the presence of a 
                perfluoroalkyl or polyfluoroalkyl substance in water of 
                the community water system; and
                  ``(B) a certification that the treatment technology 
                in use by the community water system at the time of 
                application is not sufficient to meet all applicable 
                standards, and all applicable health advisories 
                published pursuant to section 1412(b)(1)(F), for 
                perfluoroalkyl and polyfluoroalkyl substances.
  ``(c) List of Eligible Treatment Technologies.--Not later than 150 
days after the date of enactment of this section, and every 2 years 
thereafter, the Administrator shall publish a list of treatment 
technologies that the Administrator determines are the most effective 
at removing perfluoroalkyl and polyfluoroalkyl substances from drinking 
water.
  ``(d) Priority for Funding.--In awarding grants under this section, 
the Administrator shall prioritize an affected community water system 
that--
          ``(1) serves a disadvantaged community;
          ``(2) will provide at least a 10-percent cost share for the 
        cost of implementing an eligible treatment technology;
          ``(3) demonstrates the capacity to maintain the eligible 
        treatment technology to be implemented using the grant; or
          ``(4) is located within an area with respect to which the 
        Administrator has published a determination under the first 
        sentence of section 1424(e) relating to an aquifer that is the 
        sole or principal drinking water source for the area.
  ``(e) Authorization of Appropriations.--
          ``(1) In general.--There is authorized to be appropriated to 
        carry out this section $500,000,000 for each of the fiscal 
        years 2022 through 2031.
          ``(2) Special rule.--Of the amounts authorized to be 
        appropriated by paragraph (1), $25,000,000 are authorized to be 
        appropriated for each of fiscal years 2022 and 2023 for grants 
        under subsection (a) to pay for capital costs associated with 
        the implementation of eligible treatment technologies during 
        the period beginning on October 1, 2014, and ending on the date 
        of enactment of this section.
  ``(f) Definitions.--In this section:
          ``(1) Affected community water system.--The term `affected 
        community water system' means a community water system that is 
        affected by the presence of a perfluoroalkyl or polyfluoroalkyl 
        substance in the water in the community water system.
          ``(2) Disadvantaged community.--The term `disadvantaged 
        community' has the meaning given that term in section 1452.
          ``(3) Eligible treatment technology.--The term `eligible 
        treatment technology' means a treatment technology included on 
        the list published under subsection (c).''.

SEC. 110. VOLUNTARY SCHOOL AND CHILD CARE PROGRAM LEAD TESTING GRANT 
                    PROGRAM.

  Section 1464(d)(8) of the Safe Drinking Water Act (42 U.S.C. 300j-
24(d)(8)) is amended by striking ``and 2021'' and inserting ``through 
2031''.

SEC. 111. GRANT PROGRAM FOR INSTALLATION OF FILTRATION STATIONS AT 
                    SCHOOLS AND CHILD CARE PROGRAMS.

  Section 1464 of the Safe Drinking Water Act (42 U.S.C. 300j-24) is 
amended by adding at the end the following:
  ``(e) Grant Program for Installation and Maintenance of Filtration 
Stations.--
          ``(1) Program.--The Administrator shall establish a program 
        to make grants to States to assist local educational agencies 
        in voluntary installation and maintenance of filtration 
        stations at schools and child care programs under the 
        jurisdiction of the local educational agencies.
          ``(2) Direct grants to local educational agencies.--The 
        Administrator may make a grant described in paragraph (1) 
        directly available to--
                  ``(A) any local educational agency described in 
                clause (i) or (iii) of subsection (d)(1)(B) located in 
                a State that does not participate in the program 
                established under paragraph (1); or
                  ``(B) any local educational agency described in 
                clause (ii) of subsection (d)(1)(B).
          ``(3) Use of funds.--Grants made under the program 
        established under this subsection may be used to pay the costs 
        of--
                  ``(A) installation and maintenance of filtration 
                stations at schools and child care programs; and
                  ``(B) annual testing of drinking water at such 
                schools and child care programs following the 
                installation of filtration stations.
          ``(4) Priority.--In making grants under the program 
        established under this subsection, the Administrator shall give 
        priority to States and local educational agencies that will 
        assist in voluntary installation and maintenance of filtration 
        stations at schools and child care programs that are in low-
        income areas.
          ``(5) Guidance.--Not later than 180 days after the date of 
        enactment of this subsection, the Administrator shall establish 
        guidance to carry out the program established under this 
        subsection.
          ``(6) No prior testing required.--The program established 
        under this subsection shall not require testing for lead 
        contamination in drinking water at schools and child care 
        programs prior to participation in such program.
          ``(7) Definitions.--In this subsection:
                  ``(A) Child care program and local educational 
                agency.--The terms `child care program' and `local 
                educational agency' have the meaning given such terms 
                in subsection (d).
                  ``(B) Filtration station.--The term `filtration 
                station' means an apparatus that--
                          ``(i) is connected to building plumbing;
                          ``(ii) is certified to the latest version of 
                        NSF/ANSI 53 for lead reduction and NSF/ANSI 42 
                        for particulate reduction (Class I) by a 
                        certification body accredited by the American 
                        National Standards Institute National 
                        Accreditation Board;
                          ``(iii) has an indicator to show filter 
                        performance;
                          ``(iv) can fill bottles or containers for 
                        water consumption; and
                          ``(v) allows users to drink directly from a 
                        stream of flowing water.
          ``(8) Authorization of appropriations.--There is authorized 
        to be appropriated to carry out this subsection $50,000,000 for 
        each of fiscal years 2022 through 2031.''.

SEC. 112. DRINKING WATER FOUNTAIN REPLACEMENT FOR SCHOOLS.

  Section 1465(d) of the Safe Drinking Water Act (42 U.S.C. 300j-25(d)) 
is amended by striking ``2021'' and inserting ``2031''.

SEC. 113. INDIAN RESERVATION DRINKING WATER PROGRAM.

  Section 2001(d) of America's Water Infrastructure Act of 2018 (Public 
Law 115-270) is amended by striking ``2022'' and inserting ``2031''.

SEC. 114. ASSISTANCE FOR AREAS AFFECTED BY NATURAL DISASTERS.

  Section 2020 of America's Water Infrastructure Act of 2018 (Public 
Law 115-270) is amended--
          (1) in subsection (b)(1), by striking ``subsection (e)(1)'' 
        and inserting ``subsection (f)(1)'';
          (2) by redesignating subsections (c) through (e) as 
        subsections (d) through (f), respectively;
          (3) by inserting after subsection (b) the following:
  ``(c) Assistance for Territories.--The Administrator may use funds 
made available under subsection (f)(1) to make grants to Guam, the 
Virgin Islands, American Samoa, and the Northern Mariana Islands for 
the purposes of providing assistance to eligible systems to restore or 
increase compliance with national primary drinking water 
regulations.''; and
          (4) in subsection (f), as so redesignated--
                  (A) in the heading, by striking ``State Revolving 
                Fund Capitalization''; and
                  (B) in paragraph (1)--
                          (i) in the matter preceding subparagraph (A), 
                        by inserting ``and to make grants under 
                        subsection (c) of this section,'' before ``to 
                        be available''; and
                          (ii) in subparagraph (A), by inserting ``or 
                        subsection (c), as applicable'' after 
                        ``subsection (b)(1)''.

                            TITLE II--SAFETY

SEC. 201. ENABLING EPA TO SET STANDARDS FOR NEW DRINKING WATER 
                    CONTAMINANTS.

  (a) In General.--Section 1412(b)(6) of the Safe Drinking Water Act 
(42 U.S.C. 300g-1(b)(6)) is repealed.
  (b) Conforming Amendments.--Section 1412(b) of the Safe Drinking 
Water Act (42 U.S.C. 300g-1(b)) is amended--
          (1) in paragraph (3)(C)(i)--
                  (A) by striking ``paragraph (5) or (6)(A)'' and 
                inserting ``paragraph (5)''; and
                  (B) by striking ``paragraphs (4), (5), and (6)'' and 
                inserting ``paragraphs (4) and (5)''; and
          (2) in paragraph (4)(B), by striking ``paragraphs (5) and 
        (6)'' and inserting ``paragraph (5)''.

SEC. 202. NATIONAL PRIMARY DRINKING WATER REGULATIONS FOR PFAS.

  Section 1412(b) of the Safe Drinking Water Act (42 U.S.C. 300g-1(b)) 
is amended by adding at the end the following:
          ``(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 (G)(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 protection.--The national primary 
                drinking water regulation promulgated under 
                subparagraph (A) shall be protective of the health of 
                subpopulations at greater risk, as described in section 
                1458.
                  ``(F) 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 one 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.
                  ``(G) 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.
                  ``(H) 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. 203. NATIONAL PRIMARY DRINKING WATER REGULATIONS FOR MICROCYSTIN 
                    TOXIN.

  Section 1412(b) of the Safe Drinking Water Act (42 U.S.C. 300g-1(b)) 
is further amended by adding at the end the following:
          ``(17) Microcystin toxin.--
                  ``(A) In general.--Notwithstanding any other deadline 
                established in this subsection, not later than 2 years 
                after the date of enactment of the Assistance, Quality, 
                and Affordability Act of 2021, the Administrator shall 
                publish a maximum contaminant level goal and promulgate 
                a national primary drinking water regulation for 
                microcystin toxin.
                  ``(B) Health protection.--The maximum contaminant 
                level goal and national primary drinking water 
                regulation promulgated under subparagraph (A) shall be 
                protective of the health of subpopulations at greater 
                risk, as described in section 1458.''.

SEC. 204. NATIONAL PRIMARY DRINKING WATER REGULATIONS FOR 1,4-DIOXANE.

  Section 1412(b) of the Safe Drinking Water Act (42 U.S.C. 300g-1(b)) 
is further amended by adding at the end the following:
          ``(18) 1,4-dioxane.--
                  ``(A) In general.--Notwithstanding any other deadline 
                established in this subsection, not later than 2 years 
                after the date of enactment of the Assistance, Quality, 
                and Affordability Act of 2021, the Administrator shall 
                publish a maximum contaminant level goal and promulgate 
                a national primary drinking water regulation for 1,4-
                dioxane.
                  ``(B) Health protection.--The maximum contaminant 
                level goal and national primary drinking water 
                regulation promulgated under subparagraph (A) shall be 
                protective of the health of subpopulations at greater 
                risk, as described in section 1458.''.

SEC. 205. ELIMINATION OF SMALL SYSTEM VARIANCES.

  (a) Small System Variances.--Section 1415 (42 U.S.C. 300g-4) of the 
Safe Drinking Water Act is amended by striking subsection (e).
  (b) Conforming Amendments.--
          (1) Section 1412(b)(15) of the Safe Drinking Water Act (42 
        U.S.C. 300g-1(b)(15)) is amended by striking subparagraph (D).
          (2) Section 1414(c)(1)(B) of the Safe Drinking Water Act (42 
        U.S.C. 300g-3(c)(1)(B)) is amended by striking ``, (a)(2), or 
        (e)'' and inserting ``or (a)(2)''.
          (3) Section 1416(b)(2) of the Safe Drinking Water Act (42 
        U.S.C. 300g-5(b)(2)) is amended by striking subparagraph (D).
          (4) Section 1445(h) of the Safe Drinking Water Act (42 U.S.C. 
        300j-4(h)) is amended--
                  (A) by striking ``sections 1412(b)(4)(E) and 1415(e) 
                (relating to small system variance program)'' and 
                inserting ``section 1412(b)(4)(E)''; and
                  (B) by striking ``guidance under sections 
                1412(b)(4)(E) and 1415(e)'' and inserting ``guidance 
                under section 1412(b)(4)(E)''.

                        TITLE III--AFFORDABILITY

SEC. 301. EMERGENCY RELIEF PROGRAM.

  Part F of the Safe Drinking Water Act (42 U.S.C. 300j-21 et seq.) is 
amended by adding at the end the following new section:

``SEC. 1466. EMERGENCY RELIEF PROGRAM.

  ``(a) Emergency Relief Program.--The Administrator shall establish 
and carry out a residential emergency relief program to provide 
payments to public water systems to reimburse such public water systems 
for providing forgiveness of arrearages and fees incurred by eligible 
residential customers before the date of enactment of this section to 
help such eligible residential customers retain, or reconnect or 
restore, water service.
  ``(b) Conditions.--To receive funds under this section, a public 
water system shall agree to--
          ``(1) except as otherwise provided in this section, use such 
        funds to forgive all arrearages and fees relating to nonpayment 
        or arrearages incurred by eligible residential customers before 
        the date of enactment of this section;
          ``(2) if forgiveness of all arrearages and fees described in 
        paragraph (1) is not possible given the amount of funds 
        received, except as otherwise provided in this section, use 
        such funds to reduce such arrearages and fees for each eligible 
        residential customer by, to the extent practicable, a 
        consistent percentage;
          ``(3) take no action that negatively affects the credit score 
        of an eligible residential customer, or pursue any type of 
        collection action against such eligible residential customer, 
        during the 5-year period that begins on the date on which the 
        public water system receives such funds;
          ``(4) not disconnect or interrupt the service of any eligible 
        residential customer as a result of nonpayment or arrearages 
        during such 5-year period; and
          ``(5) provide to the Administrator such information as the 
        Administrator determines appropriate.
  ``(c) Eligible Customers.--To be eligible for forgiveness or 
reduction of arrearages and fees pursuant to the program established 
under subsection (a), a residential customer of a public water system 
shall have accrued new arrearages on or after March 1, 2020.
  ``(d) Reconnection Expenses.--The Administrator, or a State that is, 
pursuant to subsection (e), implementing the program established under 
subsection (a), may authorize a public water system receiving funds 
under this section to use up to 5 percent of such funds for expenses 
relating to reconnecting or restoring water service, including expenses 
relating to plumbing repairs and pipe flushing, as needed, for eligible 
residential customers.
  ``(e) Administrative Expenses.--The Administrator may authorize--
          ``(1) States to implement the program established under 
        subsection (a); and
          ``(2) a State implementing such program to use up to 4 
        percent of funds made available to carry out such program in 
        such State for administrative expenses.
  ``(f) Submissions to Congress.--Not later than 180 days after the 
date of enactment of this section, and every other month thereafter 
until all amounts made available under this section are expended, the 
Administrator shall submit to the Committee on Energy and Commerce of 
the House of Representatives and the Committee on Environment and 
Public Works of the Senate a report that describes--
          ``(1) each public water system that received a payment under 
        or pursuant to this section;
          ``(2) the total amount of each payment provided under or 
        pursuant to this section;
          ``(3) for each public water system receiving a payment under 
        or pursuant to this section--
                  ``(A) the amount of arrearages and fees forgiven or 
                reduced;
                  ``(B) the number of eligible residential customers 
                benefitting from forgiveness or reduction of arrearages 
                and fees under this section;
                  ``(C) the amount of arrearages and fees of customers 
                described in subparagraph (B) incurred before the date 
                of enactment of this section that remain outstanding;
                  ``(D) the number of eligible residential customers 
                that did not benefit from forgiveness or reduction of 
                arrearages and fees under this section; and
                  ``(E) the amount of arrearages and fees of customers 
                described in subparagraph (D) incurred before the date 
                of enactment of this section that remain outstanding; 
                and
          ``(4) a summary of any other information provided to the 
        Administrator by public water systems that receive a payment 
        pursuant to this section.
  ``(g) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $4,000,000,000, to remain 
available until expended.''.

                        TITLE IV--OTHER MATTERS

SEC. 401. SMALL URBAN AND RURAL WATER SYSTEM CONSOLIDATION REPORT.

  (a) Report.--
          (1) In general.--Not later than one year after the date of 
        enactment of this Act, the Comptroller General shall submit to 
        the Committee on Energy and Commerce of the House of 
        Representatives and the Committee on Environment and Public 
        Works of the Senate a report on issues relating to the 
        potential for consolidation of distressed small water systems.
          (2) Inclusions.--The report submitted under paragraph (1) 
        shall include--
                  (A) information on--
                          (i) the amount of debt of covered small water 
                        systems;
                          (ii) whether the budgets of covered small 
                        water systems are balanced;
                          (iii) the degree to which covered small water 
                        systems defer infrastructure improvements;
                          (iv) the degree to which covered small water 
                        systems are not in compliance with applicable 
                        Federal and State water quality standards;
                          (v) how rates charged by covered small water 
                        systems for service relate to the costs for 
                        maintenance of, and improvements to, such 
                        systems; and
                          (vi) how the management, financial, and 
                        technical capacity of covered small water 
                        systems affects the ability of such systems to 
                        provide service at affordable rates;
                  (B) an evaluation of--
                          (i) whether covered small water system 
                        infrastructure is failing, resulting in a 
                        temporary or permanent loss of essential 
                        functions or services; and
                          (ii) how to prevent covered small water 
                        systems from becoming distressed small water 
                        systems;
                  (C) policy recommendations for how Congress may 
                support the consolidation of distressed small water 
                systems; and
                  (D) best practices and guidelines the Administrator 
                of the Environmental Protection Agency may use to 
                assist State and local governments with facilitating 
                the consolidation of distressed small water systems.
  (b) Definitions.--In this section:
          (1) Consolidation.--The term ``consolidation'' means, with 
        respect to a public water system, any of the actions described 
        in subparagraphs (A) through (D) of section 1414(h)(1) of the 
        Safe Drinking Water Act (42 U.S.C. 300g-3(h)(1)).
          (2) Covered small water system.--The term ``covered small 
        water system'' means a public water system that serves--
                  (A) fewer than 50,000 individuals; and
                  (B) a disadvantaged community or an environmental 
                justice community.
          (3) Disadvantaged community.--The term ``disadvantaged 
        community'' has the meaning given such term in section 
        1452(d)(3) of the Safe Drinking Water Act (42 U.S.C. 300j-
        12(d)(3)).
          (4) Distressed small water system.--The term ``distressed 
        small water system'' means a covered small water system--
                  (A) that is unable to carry out necessary maintenance 
                of, and improvements to, such system in order to--
                          (i) comply with applicable Federal and State 
                        water quality standards; or
                          (ii) provide reliable and affordable service 
                        to customers while complying with such water 
                        quality standards; and
                  (B) with respect to which consolidation may be 
                necessary to address the issues described in 
                subparagraph (A).
          (5) Environmental justice community.--The term 
        ``environmental justice community'' has the meaning given such 
        term in section 1452(u)(11) of the Safe Drinking Water Act.
          (6) Public water system.--The term ``public water system'' 
        has the meaning given such term in section 1401 of the Safe 
        Drinking Water Act (42 U.S.C. 300f).

                         I. Purpose and Summary

    H.R. 3291, the ``Assistance, Quality, and Affordability Act 
of 2021'', includes provisions to improve our nation's drinking 
water infrastructure, increase the safety of our drinking 
water, and make water service more affordable.
    The infrastructure title extends and increases 
authorizations for existing drinking water grant programs, 
including the Drinking Water State Revolving Fund (SRF) and 
existing programs to reduce lead in drinking water. It also 
creates new funding programs for lead service line replacement 
and per- and polyfluoroalkyl substances (PFAS) treatment. In 
total, the bill authorizes $105.19 billion over ten years and 
makes permanent the Buy American requirements that currently 
apply to projects funded through the Drinking Water SRF.
    The safety title sets deadlines for the adoption of 
drinking water standards for PFAS, microcystins, and 1,4 
dioxane. It also amends the standard setting process under the 
Safe Drinking Water Act (SDWA) by removing both the authority 
to set drinking water standards that are weaker than what is 
feasible and the authority to set weaker standards for some 
systems. These changes will limit the role of cost-benefit 
analysis and ensure consistent standards nationwide.
    The affordability title creates a new emergency grant 
program, administered by the Environmental Protection Agency 
(EPA), to provide funding to water systems to pay down customer 
water debt. Assistance under the program would be available to 
residential customers who incurred drinking water debt during 
the Covid-19 pandemic. To receive funds from the program, water 
systems will agree to a five-year moratorium on shut-offs for 
customers eligible to receive assistance through the program.

                II. Background and Need for Legislation

    Congress enacted SDWA in 1974 to protect the quality of 
drinking water in the United States.\1\ The Act requires EPA to 
set standards for naturally-occurring and man-made contaminants 
in the nation's public water supply, and requires public water 
system operators or owners to comply with these standards.\2\ 
The statute also governs underground injection of fluids, 
including for oil and gas recovery, to protect underground 
sources of drinking water.
---------------------------------------------------------------------------
    \1\U.S. Environmental Protection Agency, Summary of the Safe 
Drinking Water Act (updated Aug. 3, 2020) (www.epa.gov/laws-
regulations/summary-safe-drinking-water-act#::text=The%20
Safe%20Drinking%20Water%20Act%20(SDWA)%20was%20established%20to%20protec
t,above%
20ground%20or%20underground%20sources).
    \2\42 U.S.C. Sec.  300f.
---------------------------------------------------------------------------
    The SDWA Amendments of 1996 significantly changed the 
process for setting drinking water standards and created new 
funding mechanisms for drinking water infrastructure 
improvements. Now, SDWA includes an array of grant programs 
through which EPA can provide funding and technical assistance 
to states, water utilities, school districts, and others. The 
primary funding mechanism, the Drinking Water SRF, was created 
through the 1996 Amendments and reauthorized under the 
America's Water Infrastructure Act of 2018 (AWIA). The 
authorizations for the SRF, and other drinking water grant 
programs extended in 2018, will expire at the end of the 
current fiscal year (FY).
    Under the 1996 Amendments, the drinking water standard 
setting process begins with the publication of the Contaminant 
Candidate List (CCL), which the law requires to be revised 
every five years. Next, the Unregulated Contaminant Monitoring 
Rule (UCMR), which serves to develop occurrence data needed to 
make regulatory decisions for the candidate contaminants, is 
published. Like the CCL, the UCMR is also required under the 
law to be revised every five years. The third step requires EPA 
to make regulatory determinations to decide whether or not to 
regulate at least five contaminants.\3\ If EPA determines 
regulation is warranted based on certain criteria, it begins 
the rulemaking process.
---------------------------------------------------------------------------
    \3\U.S. Environmental Protection Agency, How EPA Regulates Drinking 
Water Contaminants (updated Jan. 27, 2020) (www.epa.gov/sdwa/how-epa-
regulates-drinking-water-contaminants).
---------------------------------------------------------------------------
    Since 1996, all determinations made have been not to 
regulate, except for one regulatory determination on 
perchlorate, which EPA reversed in 2019.\4\ Currently, national 
primary drinking water standards regulate more than 90 
contaminants or contaminant groups, including microorganisms, 
disinfection byproducts, radionuclides, and heavy metals like 
arsenic, mercury, and lead.\5\ All standards that have been 
adopted since 1996 were promulgated pursuant to specific 
deadlines and alternative processes in the law, not under the 
general process established by the 1996 Amendments.\6\
---------------------------------------------------------------------------
    \4\The final regulatory determination for perchlorate was published 
in 2011, and the proposed rule was published in June 2019. See 
Environmental Protection Agency, National Primary Drinking Water 
Regulations: Perchlorate, 84 Fed. Reg. 30524 (Jun. 26, 2019) (proposed 
rule) and Environmental Protection Agency, Drinking Water: Final Action 
on Perchlorate, 85 Fed. Reg. 43990 (Jul. 21, 2020).
    \5\U.S. Environmental Protection Agency, National Primary Drinking 
Water Regulations (May 2009) (epa.gov/sites/production/files/2016-06/
documents/npwdr_complete_table.pdf).
    \6\SDWA Sec.  1412(b)(12).
---------------------------------------------------------------------------
    Drinking water standards include two primary components: a 
maximum contaminant level goal (MCLG) and either a maximum 
contaminant level (MCL) or treatment technique. TheMCLG is a 
purely health-based target, set at the maximum level of a contaminant 
in drinking water at which no anticipated adverse health effect would 
occur. The MCL or treatment technique is an enforceable standard, 
required under the statute to be set as close to the MCLG as feasible. 
However, under current law, EPA has authority to set a weaker standard 
than what is feasible, based on a cost-benefit analysis. EPA also has 
authority, under current law, to issue ``small system variances'' which 
establish weaker standards for small water systems. H.R. 3291 would 
remove both of those authorities.
    SDWA requires EPA to review and revise, as necessary, 
existing drinking water standards every six years,\7\ but the 
revision process takes considerably longer. For example, EPA 
determined in 2003, pursuant to the first six-year review, that 
the standard for fecal coliform in drinking water needed 
revision but did not publish that revision until 2013. In the 
second six-year review, which actually took seven years, EPA 
determined that the standard for acrylamide needed revision.\8\ 
Six years later, in the third six-year review, EPA reversed 
course and labeled acrylamide a low priority for revision.\9\ 
Of the 13 standards EPA identified for revision, the agency has 
only revised one. H.R. 3291 would set deadlines for the 
completion of several standards that have been under 
consideration for many years.
---------------------------------------------------------------------------
    \7\SDWA Sec. 1412(b)(9).
    \8\Environmental Protection Agency, National Primary Drinking Water 
Regulations; Announcement of the Results of EPA's Review of Existing 
Drinking Water Standards and Request for Public Comment and/or 
Information on Related Issues, 75 Fed. Reg. 15499 (Mar. 29, 2010).
    \9\Environmental Protection Agency, National Primary Drinking Water 
Regulations; Announcement of the Results of EPA's Review of Existing 
Drinking Water Standards and Request for Public Comment and/or 
Information on Related Issues, 82 Fed. Reg. 3518 (Jan. 11, 2017).
---------------------------------------------------------------------------
    In its 2021 Report Card, the American Society of Civil 
Engineers (ACSE) rated the nation's drinking water 
infrastructure system a ``C-'' grade.\10\ The United States 
drinking water infrastructure system is composed of 2.2 million 
miles of pipe, and the system is aging and underfunded. It is 
estimated that there is a water main break every two minutes, 
and an estimated 6 billion gallons of treated water is lost 
each day, equating to 2.1 trillion gallons per year. Between 
2012 and 2018, the rate of water main breaks increased by 27 
percent.\11\ The EPA's 2018 Report to Congress on Drinking 
Water Infrastructure Needs concluded that an investment of 
$472.6 billion is required to maintain and improve the nation's 
drinking water and infrastructure over the next 20 years.\12\ 
Increased funding for the Drinking Water State Revolving Loan 
Fund would address this need and allow communities to make 
much-needed improvements.
---------------------------------------------------------------------------
    \10\American Society of Civil Engineers (ASCE), Report Card for 
America's Infrastructure: Drinking Water (Mar. 3, 2021) 
(infrastructurereportcard.org/cat-item/drinking-water/).
    \11\Value of Water Campaign, ACSE, The Economic Benefits of 
Investing in Water Infrastructure: How a Failure to Act Would Affect 
the US Economic Recovery (www.uswateralliance.org/sites/
uswateralliance.org/files/publications/
The%20Economic%20Benefits%20of%20Investing%20in%20Water%20Infrastructure
_final.pdf).
    \12\U.S. Environmental Protection Agency, Drinking Water 
Infrastructure Needs Survey and Assessment, Sixth Report to Congress 
(Mar. 2018) (EPA 816-K-17-002).
---------------------------------------------------------------------------
    Lead exposure leads to developmental delays and learning 
difficulties in children, as well as difficulties with memory 
and concentration, joint and muscle pain, and high blood 
pressure in adults.\13\ Lead service lines can unpredictably 
release lead into the drinking water they transport, thereby 
contaminating the supply for homes and communities that rely 
upon and use them.\14\ By 2023, EPA estimates there will be 
nearly 9.3 million lead service lines remaining in homes across 
the United States.\15\ According to a recent report by the 
United States Government Accountability Office, lead service 
lines are most likely to be found in low income communities, 
communities with older housing stock, and communities of 
color.\16\ Lead pipes are being replaced annually at an average 
rate of 0.5 percent of all the remaining lead service lines. At 
that pace, replacing all lead service lines in the United 
States would take approximately two centuries.\17\ Funding for 
lead service line replacement across the United States would 
protect the health and safety of Americans and their drinking 
water.
---------------------------------------------------------------------------
    \13\World Health Organization, Lead poisoning and health (Aug. 23, 
2019) (www.who.int/news-room/fact-sheets/detail/lead-poisoning-and-
health).
    \14\Environmental Defense Fund, Recognizing efforts to replace lead 
service lines (accessed May 19, 2021) (www.edf.org/health/recognizing-
efforts-replace-lead-service-lines).
    \15\U.S. Environmental Protection Agency, Economic Analysis for the 
Proposed Lead and Copper Rule Revisions (Oct. 2019).
    \16\U.S. Government Accountability Office, Drinking Water: EPA 
Could Use Available Data to Better Identify Neighborhoods at Risk of 
Lead Exposure (Dec. 2020) (GAO-21-78).
    \17\Lead in America's water systems is a national problem, CBS News 
(Nov. 21, 2018).
---------------------------------------------------------------------------

                        III. Committee Hearings

    For the purposes of section 3(c) of rule XIII of the Rules 
of the House of Representatives, the following hearing was used 
to develop or consider H.R. 3291:
    The Subcommittee on Environment and Climate Change held a 
legislative hearing on May 25, 2021. The hearing was entitled, 
``The CLEAN Future Act and Drinking Water: Legislation to 
Ensure Drinking Water is Safe and Clean.'' The Subcommittee 
received testimony from the following witness:
           Jennifer McLain, Ph.D., Director, Office of 
        Ground Water and Drinking Water, U.S. Environmental 
        Protection Agency.
    The Subcommittee on Environment and Climate Change held a 
hearing on July 28, 2020. The hearing was entitled, ``There's 
Something in the Water'' Reforming Our Nation's Drinking Water 
Standards.'' The Subcommittee received testimony from the 
following witnesses:
           Shellie Chard, Director, Oklahoma Department 
        of Environmental Quality, on behalf of Association of 
        State Drinking Water Administrators;
           Diane VanDe Hei, Chief Executive Officer, 
        Association of Metropolitan Water Agencies; and
           Mae Wu, Senior Director, Health and Food, 
        Healthy People and Thriving Communities Program, 
        Natural Resources Defense Council.
    The Subcommittee on Environment and Climate Change held a 
hearing on February 11, 2020. The hearing was entitled, ``EPA's 
Lead and Copper Proposal: Falling Short of Protecting Public 
Health.'' The Subcommittee received testimony from the 
following witnesses:
           Kim Gaddy, Environmental Justice Organizer, 
        Clean Water Action of New Jersey;
           Mona Hanna-Attisha, M.D., M.P.H., F.A.A.P., 
        Director, Pediatric Public Health Initiative, C.S. Mott 
        Endowed Professor of Public Health, Division of Public 
        Health, Associate Professor, Department of Pediatrics 
        and Human Development, Michigan State University 
        College of Human Medicine;
           Angela Licata, Deputy Commissioner, New York 
        City Department of Environmental Protection, on behalf 
        of Association of Metropolitan Water Administrators;
           Cathy Tucker-Vogel, Public Water Supply 
        Section Chief, Kansas Department of Health & 
        Environment, on behalf of Association of State Drinking 
        Administrators;
           Mae Wu, Senior Director, Health and Food, 
        Senior Attorney, Healthy People and Thriving 
        Communities Program, Natural Resources Defense Council;
           Steve Estes-Smargiassi, Director of Planning 
        and Sustainability, Massachusetts Water Resources 
        Authority, on behalf of American Water Works 
        Association; and
           Cindy R. Bobbitt, Commissioner, Grant 
        County, Oklahoma, on behalf of National Association of 
        Counties.

                      IV. Committee Consideration

    H.R. 3291, the ``Assistance, Quality, and Affordability Act 
of 2021'', was introduced on May 18, 2021, by Representatives 
Paul Tonko (D-NY) and Frank Pallone, Jr. (D-NJ) and referred to 
the Committee on Energy and Commerce. The bill was subsequently 
referred to the Subcommittee on Environment and Climate Change 
on May 21, 2021. A legislative hearing was held on May 25, 
2021.
    The Subcommittee met, pursuant to notice, on June 16, 2021, 
in virtual open markup session to consider H.R. 3291 and two 
other bills. During consideration of the bill, an amendment in 
the nature of a substitute, offered by Representative Tonko, 
was agreed to by a voice vote. An amendment to the Tonko AINS, 
offered by Representative Rodgers (R-WA), was defeated by a 
roll call vote of 8 yeas to 14 nays (ECC roll call no. 1). An 
amendment to the Tonko AINS, offered by Representative McKinley 
(R-WV), was defeated by a roll call vote of 8 yeas to 14 nays 
(ECC roll call no. 2). An amendment to the Tonko AINS, offered 
by Representative Clarke (D-NY), was agreed to by a voice vote. 
Representative Tonko, Chairman of the Subcommittee, offered a 
motion to favorably forward H.R. 3291 to the full Committee on 
Energy and Commerce, amended. The motion was agreed to by a 
roll call vote of 14 yeas to 9 nays (ECC roll call no. 3), a 
quorum being present.
    The full Committee met, pursuant to notice, on June 23, 
2021, in open markup session to consider H.R. 3291 and two 
other bills. During consideration of the bill, an amendment in 
the nature of a substitute, offered by Representative Tonko, 
was agreed to by a voice vote. An amendment to the Tonko AINS, 
offered by Representative Rodgers, was defeated by a roll call 
vote of 23 yeas to 30 nays (roll call no. 29). An amendment to 
the Tonko AINS, offered by Representative Ruiz (D-CA), was 
agreed to by a voice vote. An amendment to the Tonko AINS, 
offered by Representative McKinley, was defeated by a roll call 
vote of 25 yeas to 31 nays (roll call no. 30). An amendment to 
the Tonko AINS, offered by Representative Dingell (D-MI), was 
agreed to by a voice vote. An amendment to the Tonko AINS, 
offered by Representative Curtis (R-UT), was withdrawn. An 
amendment to the Tonko AINS, offered by Representative Barragan 
(D-CA), was agreed to by a voice vote. Representative Pallone, 
Chairman of the Committee, offered a motion to order H.R. 3291 
reported favorably to the House, amended. The motion on final 
passage was agreed to by a roll call vote of 32 yeas and 24 
nays (roll call no. 31), a quorum being present.

                           V. Committee Votes

    Clause 3(b) of rule XIII of the Rules of the House of 
Representatives requires the Committee to list each record vote 
on the motion to report legislation and amendments thereto. The 
Committee advises that there were six record votes taken on 
H.R. 3291, including a motion by Chairman Pallone ordering H.R. 
3291 favorably reported to the House, amended. The motion on 
final passage of the bill was approved by a record vote of 32 
yeas to 24 nays. The following are the record votes taken 
during Committee consideration, including the names of those 
members voting for and against:


	[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
	

                         VI. Oversight Findings

    Pursuant to clause 3(c)(1) of rule XIII and clause 2(b)(1) 
of rule X of the Rules of the House of Representatives, the 
oversight findings and recommendations of the Committee are 
reflected in the descriptive portion of the report.

 VII. New Budget Authority, Entitlement Authority, and Tax Expenditures

    Pursuant to 3(c)(2) of rule XIII of the Rules of the House 
of Representatives, the Committee adopts as its own the 
estimate of new budget authority, entitlement authority, or tax 
expenditures or revenues contained in the cost estimate 
prepared by the Director of the Congressional Budget Office 
pursuant to section 402 of the Congressional Budget Act of 
1974.
    The Committee has requested but not received from the 
Director of the Congressional Budget Office a statement as to 
whether this bill contains any new budget authority, spending 
authority, credit authority, or an increase or decrease in 
revenues or tax expenditures.

                    VIII. Federal Mandates Statement

    The Committee adopts as its own the estimate of Federal 
mandates prepared by the Director of the Congressional Budget 
Office pursuant to section 423 of the Unfunded Mandates Reform 
Act.

       IX. Statement of General Performance Goals and Objectives

    Pursuant to clause 3(c)(4) of rule XIII, the general 
performance goal or objective of this legislation is to provide 
assistance for capital improvements to our nation's drinking 
water infrastructure, replace lead service lines nationwide, 
improve the resiliency of our water systems to natural and 
intentional threats, provide assistance to States, territories, 
water systems, and schools affected by PFAS, lead, and natural 
disasters, and to require the Environmental Protection Agency 
to promulgate national primary drinking water regulations for 
PFAS, microcystin toxin, and 1,4-dioxane.

                   X. Duplication of Federal Programs

    Pursuant to clause 3(c)(5) of rule XIII, no provision of 
H.R. 3291 is known to be duplicative of another Federal 
program, including any program that was included in a report to 
Congress pursuant to section 21 of Public Law 111-139 or the 
most recent Catalog of Federal Domestic Assistance.

                      XI. Committee Cost Estimate

    Pursuant to clause 3(d)(1) of rule XIII, the Committee 
adopts as its own the cost estimate prepared by the Director of 
the Congressional Budget Office pursuant to section 402 of the 
Congressional Budget Act of 1974.

    XII. Earmarks, Limited Tax Benefits, and Limited Tariff Benefits

    Pursuant to clause 9(e), 9(f), and 9(g) of rule XXI, the 
Committee finds that H.R. 3291 contains no earmarks, limited 
tax benefits, or limited tariff benefits.

                   XIII. Advisory Committee Statement

    No advisory committee within the meaning of section 5(b) of 
the Federal Advisory Committee Act was created by this 
legislation.

                XIV. Applicability to Legislative Branch

    The Committee finds that the legislation does not relate to 
the terms and conditions of employment or access to public 
services or accommodations within the meaning of section 
102(b)(3) of the Congressional Accountability Act.

           XV. Section-by-Section Analysis of the Legislation


Section 1. Short title; Table of contents

    Section 1 designates that the short title may be cited as 
the ``Assistance, Quality, and Affordability Act of 2021''. 
This section also designates a table of contents.

Sec. 101. Drinking water system resilience funding

    Section 101 increases and extends the authorization for the 
Drinking Water System Resilience Funding program.

Sec. 102. Grants for State programs

    Section 102 increases and extends the authorization for 
Public Water System Supervision (PWSS) grants to states.

Sec. 103. American iron and steel products

    Section 103 makes permanent existing requirements for 
projects receiving funds through the Drinking Water SRF to 
purchase American-made iron and steel products.

Sec. 104. Allotments for territories

    Section 104 increases the allotment of Drinking Water SRF 
funding reserved for the territories from 0.33 percent to 1.5 
percent of the aggregate amount available.

Sec. 105. Drinking water SRF funding

    Section 105 increases and extends the Drinking Water SRF 
authorization to $52.94 billion from FY 2022 through FY 2031.

Sec. 106. Lead service line replacement

    Section 106 authorizes $4.5 billion per year from FY 2022 
through FY 2031 to replace lead service lines with priority for 
replacing lines in disadvantaged and environmental justice 
communities.

Sec. 107. Drinking water assistance to colonias

    Section 107 authorizes $100 million per year from FY 2022 
through FY 2026 for drinking water assistance to colonias.

Sec. 108. PFAS treatment grants

    Section 108 establishes a grant program under SDWA to aid 
water utilities to pay capital costs associated with treatment 
for PFAS.

Sec. 109. Voluntary school and child care program lead testing grant 
        program

    Section 109 extends the authorization for voluntary school 
and childcare program lead testing under SDWA Section 1464.

Sec. 110. Grant program for installation of filtration stations at 
        schools and child care programs

    Section 110 directs the EPA Administrator to establish a 
grant program to provide assistance to schools to install and 
maintain filtration systems. This section authorizes $50 
million per year from FY 2022 through FY 2031.

Sec. 111. Drinking water fountain replacement for schools

    Section 111 extends the authorization for the grant program 
under Section 1465 of SDWA to replace school drinking water 
fountains that may contain lead.

Sec. 112. Indian reservation drinking water program

    Section 112 extends the authorization for the Indian 
Reservation Drinking Water program created under AWIA.

Sec. 113. Assistance for areas affected by natural disasters

    Section 113 extends the authorization for a program created 
under AWIA to encourage the extension of drinking water service 
into underserved areas affected by natural disasters and 
clarifies that the territories are eligible for the program.

Sec. 201. Enabling EPA to set standards for new drinking water 
        contaminants

    Section 201 repeals section 1412(b)(6) of SDWA, which 
authorizes EPA to set national primary drinking water standards 
at levels that are weaker than what is feasible, to ensure that 
new drinking water standards are as close to maximum 
contaminant level goals as feasible.

Sec. 202. National primary drinking water regulations for PFAS

    Section 202 directs the Administrator to promulgate a 
national primary drinking water regulation for PFAS that 
protects the health of vulnerable and disproportionately 
exposed subpopulations. The standard will include, at a 
minimum, perfluorooctanoic acid (PFOA) and perfluorooctane 
sulfonic acid (PFOS).

Sec. 203. National primary drinking water regulations for microcystin 
        toxin

    Section 203 requires the Administrator to publish a MCLG 
and promulgate a national primary drinking water regulation for 
microcystin toxin that protects the health of vulnerable and 
disproportionately exposed subpopulations.

Sec. 204. National primary drinking water regulations for 1,4-dioxane

    Section 204 directs the Administrator to publish a MCLG and 
promulgate a national primary drinking water regulation for 
1,4-dioxane that protects the health of vulnerable and 
disproportionately exposed subpopulations.

Sec. 205. Elimination of small system variances

    Section 205 eliminates small system variances authorized 
under 1415(e) of SDWA, which allow for the establishment of 
weaker drinking water standards for small systems.

Sec. 301. Emergency relief program

    Section 301 directs the Administrator to establish a 
residential emergency relief program to provide grants to 
public water systems for the purpose of reducing or eliminating 
customer debt. The section requires any water system receiving 
funds to halt all water shut-offs for non-payment for a period 
of five years after receipt of those funds. It also authorizes 
$4 billion for the program to remain available until expended.

       XVI. Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, 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 italics, and existing law in which no 
change is proposed is shown in roman):

                        SAFE DRINKING WATER ACT

               TITLE XIV--SAFETY OF PUBLIC WATER SYSTEMS

                              SHORT TITLE

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

           *       *       *       *       *       *       *


Part B--Public Water Systems

           *       *       *       *       *       *       *


                  national drinking water regulations

  Sec. 1412. (a)(1) Effective on the enactment of the Safe 
Drinking Water Act Amendments of 1986, each national interim or 
revised primary drinking water regulation promulgated under 
this section before such enactment shall be deemed to be a 
national primary drinking water regulation under subsection 
(b). No such regulation shall be required to comply with the 
standards set forth in subsection (b)(4) unless such regulation 
is amended to establish a different maximum contaminant level 
after the enactment of such amendments.
  (2) After the enactment of the Safe Drinking Water Act 
Amendments of 1986 each recommended maximum contaminant level 
published before the enactment of such amendments shall be 
treated as a maximum contaminant level goal.
  (3) Whenever a national primary drinking water regulation is 
proposed under subsection (b) for any contaminant, the maximum 
contaminant level goal for such contaminant shall be proposed 
simultaneously. Whenever a national primary drinking water 
regulation is promulgated under subsection (b) for any 
contaminant, the maximum contaminant level goal for such 
contaminant shall be published simultaneously.
  (4) Paragraph (3) shall not apply to any recommended maximum 
contaminant level published before the enactment of the Safe 
Drinking Water Act Amendments of 1986.
  (b) Standards.--
          (1) Identification of contaminants for listing.--
                  (A) General authority.--The Administrator 
                shall, in accordance with the procedures 
                established by this subsection, publish a 
                maximum contaminant level goal and promulgate a 
                national primary drinking water regulation for 
                a contaminant (other than a contaminant 
                referred to in paragraph (2) for which a 
                national primary drinking water regulation has 
                been promulgated as of the date of enactment of 
                the Safe Drinking Water Act Amendments of 1996) 
                if the Administrator determines that--
                          (i) the contaminant may have an 
                        adverse effect on the health of 
                        persons;
                          (ii) the contaminant is known to 
                        occur or there is a substantial 
                        likelihood that the contaminant will 
                        occur in public water systems with a 
                        frequency and at levels of public 
                        health concern; and
                          (iii) in the sole judgment of the 
                        Administrator, regulation of such 
                        contaminant presents a meaningful 
                        opportunity for health risk reduction 
                        for persons served by public water 
                        systems.
                  (B) Regulation of unregulated contaminants.--
                          (i) Listing of contaminants for 
                        consideration.--(I) Not later than 18 
                        months after the date of enactment of 
                        the Safe Drinking Water Act Amendments 
                        of 1996 and every 5 years thereafter, 
                        the Administrator, after consultation 
                        with the scientific community, 
                        including the Science Advisory Board, 
                        after notice and opportunity for public 
                        comment, and after considering the 
                        occurrence data base established under 
                        section 1445(g), shall publish a list 
                        of contaminants which, at the time of 
                        publication, are not subject to any 
                        proposed or promulgated national 
                        primary drinking water regulation, 
                        which are known or anticipated to occur 
                        in public water systems, and which may 
                        require regulation under this title.
                          (II) The unregulated contaminants 
                        considered under subclause (I) shall 
                        include, but not be limited to, 
                        substances referred to in section 
                        101(14) of the Comprehensive 
                        Environmental Response, Compensation, 
                        and Liability Act of 1980, and 
                        substances registered as pesticides 
                        under the Federal Insecticide, 
                        Fungicide, and Rodenticide Act.
                          (III) The Administrator's decision 
                        whether or not to select an unregulated 
                        contaminant for a list under this 
                        clause shall not be subject to judicial 
                        review.
                          (ii) Determination to regulate.--(I) 
                        Not later than 5 years after the date 
                        of enactment of the Safe Drinking Water 
                        Act Amendments of 1996, and every 5 
                        years thereafter, the Administrator 
                        shall, after notice of the preliminary 
                        determination and opportunity for 
                        public comment, for not fewer than 5 
                        contaminants included on the list 
                        published under clause (i), make 
                        determinations of whether or not to 
                        regulate such contaminants.
                          (II) A determination to regulate a 
                        contaminant shall be based on findings 
                        that the criteria of clauses (i), (ii), 
                        and (iii) of subparagraph (A) are 
                        satisfied. Such findings shall be based 
                        on the best available public health 
                        information, including the occurrence 
                        data base established under section 
                        1445(g).
                          (III) The Administrator may make a 
                        determination to regulate a contaminant 
                        that does not appear on a list under 
                        clause (i) if the determination to 
                        regulate is made pursuant to subclause 
                        (II).
                          (IV) A determination under this 
                        clause not to regulate a contaminant 
                        shall be considered final agency action 
                        and subject to judicial review.
                          (iii) Review.--Each document setting 
                        forth the determination for a 
                        contaminant under clause (ii) shall be 
                        available for public comment at such 
                        time as the determination is published.
                  (C) Priorities.--In selecting unregulated 
                contaminants for consideration under 
                subparagraph (B), the Administrator shall 
                select contaminants that present the greatest 
                public health concern. The Administrator, in 
                making such selection, shall take into 
                consideration, among other factors of public 
                health concern, the effect of such contaminants 
                upon subgroups that comprise a meaningful 
                portion of the general population (such as 
                infants, children, pregnant women, the elderly, 
                individuals with a history of serious illness, 
                or other subpopulations) that are identifiable 
                as being at greater risk of adverse health 
                effects due to exposure to contaminants in 
                drinking water than the general population.
                  (D) Urgent threats to public health.--The 
                Administrator may promulgate an interim 
                national primary drinking water regulation for 
                a contaminant without making a determination 
                for the contaminant under paragraph (4)(C), or 
                completing the analysis under paragraph (3)(C), 
                to address an urgent threat to public health as 
                determined by the Administrator after 
                consultation with and written response to any 
                comments provided by the Secretary of Health 
                and Human Services, acting through the director 
                of the Centers for Disease Control and 
                Prevention or the director of the National 
                Institutes of Health. A determination for any 
                contaminant in accordance with paragraph (4)(C) 
                subject to an interim regulation under this 
                subparagraph shall be issued, and a completed 
                analysis meeting the requirements of paragraph 
                (3)(C) shall be published, not later than 3 
                years after the date on which the regulation is 
                promulgated and the regulation shall be 
                repromulgated, or revised if appropriate, not 
                later than 5 years after that date.
                  (E) Regulation.--For each contaminant that 
                the Administrator determines to regulate under 
                subparagraph (B), the Administrator shall 
                publish maximum contaminant level goals and 
                promulgate, by rule, national primary drinking 
                water regulations under this subsection. The 
                Administrator shall propose the maximum 
                contaminant level goal and national primary 
                drinking water regulation for a contaminant not 
                later than 24 months after the determination to 
                regulate under subparagraph (B), and may 
                publish such proposed regulation concurrent 
                with the determination to regulate. The 
                Administrator shall publish a maximum 
                contaminant level goal and promulgate a 
                national primary drinking water regulation 
                within 18 months after the proposal thereof. 
                The Administrator, by notice in the Federal 
                Register, may extend the deadline for such 
                promulgation for up to 9 months.
                  (F) Health advisories and other actions.--The 
                Administrator may publish health advisories 
                (which are not regulations) or take other 
                appropriate actions for contaminants not 
                subject to any national primary drinking water 
                regulation.
          (2) Schedules and deadlines.--
                  (A) In general.--In the case of the 
                contaminants listed in the Advance Notice of 
                Proposed Rulemaking published in volume 47, 
                Federal Register, page 9352, and in volume 48, 
                Federal Register, page 45502, the Administrator 
                shall publish maximum contaminant level goals 
                and promulgate national primary drinking water 
                regulations--
                          (i) not later than 1 year after June 
                        19, 1986, for not fewer than 9 of the 
                        listed contaminants;
                          (ii) not later than 2 years after 
                        June 19, 1986, for not fewer than 40 of 
                        the listed contaminants; and
                          (iii) not later than 3 years after 
                        June 19, 1986, for the remainder of the 
                        listed contaminants.
                  (B) Substitution of contaminants.--If the 
                Administrator identifies a drinking water 
                contaminant the regulation of which, in the 
                judgment of the Administrator, is more likely 
                to be protective of public health (taking into 
                account the schedule for regulation under 
                subparagraph (A)) than a contaminant referred 
                to in subparagraph (A), the Administrator may 
                publish a maximum contaminant level goal and 
                promulgate a national primary drinking water 
                regulation for the identified contaminant in 
                lieu of regulating the contaminant referred to 
                in subparagraph (A). Substitutions may be made 
                for not more than 7 contaminants referred to in 
                subparagraph (A). Regulation of a contaminant 
                identified under this subparagraph shall be in 
                accordance with the schedule applicable to the 
                contaminant for which the substitution is made.
                  (C) Disinfectants and disinfection 
                byproducts.--The Administrator shall promulgate 
                an Interim Enhanced Surface Water Treatment 
                Rule, a Final Enhanced Surface Water Treatment 
                Rule, a Stage I Disinfectants and Disinfection 
                Byproducts Rule, and a Stage II Disinfectants 
                and Disinfection Byproducts Rule in accordance 
                with the schedule published in volume 59, 
                Federal Register, page 6361 (February 10, 
                1994), in table III.13 of the proposed 
                Information Collection Rule. If a delay occurs 
                with respect to the promulgation of any rule in 
                the schedule referred to in this subparagraph, 
                all subsequent rules shall be completed as 
                expeditiously as practicable but no later than 
                a revised date that reflects the interval or 
                intervals for the rules in the schedule.
          (3) Risk assessment, management, and communication.--
                  (A) Use of science in decisionmaking.--In 
                carrying out this section, and, to the degree 
                that an Agency action is based on science, the 
                Administrator shall use--
                          (i) the best available, peer-reviewed 
                        science and supporting studies 
                        conducted in accordance with sound and 
                        objective scientific practices; and
                          (ii) data collected by accepted 
                        methods or best available methods (if 
                        the reliability of the method and the 
                        nature of the decision justifies use of 
                        the data).
                  (B) Public information.--In carrying out this 
                section, the Administrator shall ensure that 
                the presentation of information on public 
                health effects is comprehensive, informative, 
                and understandable. The Administrator shall, in 
                a document made available to the public in 
                support of a regulation promulgated under this 
                section, specify, to the extent practicable--
                          (i) each population addressed by any 
                        estimate of public health effects;
                          (ii) the expected risk or central 
                        estimate of risk for the specific 
                        populations;
                          (iii) each appropriate upper-bound or 
                        lower-bound estimate of risk;
                          (iv) each significant uncertainty 
                        identified in the process of the 
                        assessment of public health effects and 
                        studies that would assist in resolving 
                        the uncertainty; and
                          (v) peer-reviewed studies known to 
                        the Administrator that support, are 
                        directly relevant to, or fail to 
                        support any estimate of public health 
                        effects and the methodology used to 
                        reconcile inconsistencies in the 
                        scientific data.
                  (C) Health risk reduction and cost 
                analysis.--
                          (i) Maximum contaminant levels.--When 
                        proposing any national primary drinking 
                        water regulation that includes a 
                        maximum contaminant level, the 
                        Administrator shall, with respect to a 
                        maximum contaminant level that is being 
                        considered in accordance with paragraph 
                        (4) and each alternative maximum 
                        contaminant level that is being 
                        considered pursuant to [paragraph (5) 
                        or (6)(A)] paragraph (5), publish, seek 
                        public comment on, and use for the 
                        purposes of [paragraphs (4), (5), and 
                        (6)] paragraphs (4) and (5) an analysis 
                        of each of the following:
                                  (I) Quantifiable and 
                                nonquantifiable health risk 
                                reduction benefits for which 
                                there is a factual basis in the 
                                rulemaking record to conclude 
                                that such benefits are likely 
                                to occur as the result of 
                                treatment to comply with each 
                                level.
                                  (II) Quantifiable and 
                                nonquantifiable health risk 
                                reduction benefits for which 
                                there is a factual basis in the 
                                rulemaking record to conclude 
                                that such benefits are likely 
                                to occur from reductions in co-
                                occurring contaminants that may 
                                be attributed solely to 
                                compliance with the maximum 
                                contaminant level, excluding 
                                benefits resulting from 
                                compliance with other proposed 
                                or promulgated regulations.
                                  (III) Quantifiable and 
                                nonquantifiable costs for which 
                                there is a factual basis in the 
                                rulemaking record to conclude 
                                that such costs are likely to 
                                occur solely as a result of 
                                compliance with the maximum 
                                contaminant level, including 
                                monitoring, treatment, and 
                                other costs and excluding costs 
                                resulting from compliance with 
                                other proposed or promulgated 
                                regulations.
                                  (IV) The incremental costs 
                                and benefits associated with 
                                each alternative maximum 
                                contaminant level considered.
                                  (V) The effects of the 
                                contaminant on the general 
                                population and on groups within 
                                the general population such as 
                                infants, children, pregnant 
                                women, the elderly, individuals 
                                with a history of serious 
                                illness, or other 
                                subpopulations that are 
                                identified as likely to be at 
                                greater risk of adverse health 
                                effects due to exposure to 
                                contaminants in drinking water 
                                than the general population.
                                  (VI) Any increased health 
                                risk that may occur as the 
                                result of compliance, including 
                                risks associated with co-
                                occurring contaminants.
                                  (VII) Other relevant factors, 
                                including the quality and 
                                extent of the information, the 
                                uncertainties in the analysis 
                                supporting subclauses (I) 
                                through (VI), and factors with 
                                respect to the degree and 
                                nature of the risk.
                          (ii) Treatment techniques.--When 
                        proposing a national primary drinking 
                        water regulation that includes a 
                        treatment technique in accordance with 
                        paragraph (7)(A), the Administrator 
                        shall publish and seek public comment 
                        on an analysis of the health risk 
                        reduction benefits and costs likely to 
                        be experienced as the result of 
                        compliance with the treatment technique 
                        and alternative treatment techniques 
                        that are being considered, taking into 
                        account, as appropriate, the factors 
                        described in clause (i).
                          (iii) Approaches to measure and value 
                        benefits.--The Administrator may 
                        identify valid approaches for the 
                        measurement and valuation of benefits 
                        under this subparagraph, including 
                        approaches to identify consumer 
                        willingness to pay for reductions in 
                        health risks from drinking water 
                        contaminants.
                          (iv) Authorization.--There are 
                        authorized to be appropriated to the 
                        Administrator, acting through the 
                        Office of Ground Water and Drinking 
                        Water, to conduct studies, assessments, 
                        and analyses in support of regulations 
                        or the development of methods, 
                        $35,000,000 for each of fiscal years 
                        1996 through 2003.
          (4) Goals and standards.--
                  (A) Maximum contaminant level goals.--Each 
                maximum contaminant level goal established 
                under this subsection shall be set at the level 
                at which no known or anticipated adverse 
                effects on the health of persons occur and 
                which allows an adequate margin of safety.
                  (B) Maximum contaminant levels.--Except as 
                provided in [paragraphs (5) and (6)] paragraph 
                (5), each national primary drinking water 
                regulation for a contaminant for which a 
                maximum contaminant level goal is established 
                under this subsection shall specify a maximum 
                contaminant level for such contaminant which is 
                as close to the maximum contaminant level goal 
                as is feasible.
                  (C) Determination.--At the time the 
                Administrator proposes a national primary 
                drinking water regulation under this paragraph, 
                the Administrator shall publish a determination 
                as to whether the benefits of the maximum 
                contaminant level justify, or do not justify, 
                the costs based on the analysis conducted under 
                paragraph (3)(C).
                  (D) Definition of feasible.--For the purposes 
                of this subsection, the term ``feasible'' means 
                feasible with the use of the best technology, 
                treatment techniques and other means which the 
                Administrator finds, after examination for 
                efficacy under field conditions and not solely 
                under laboratory conditions, are available 
                (taking cost into consideration). For the 
                purpose of this paragraph, granular activated 
                carbon is feasible for the control of synthetic 
                organic chemicals, and any technology, 
                treatment technique, or other means found to be 
                the best available for the control of synthetic 
                organic chemicals must be at least as effective 
                in controlling synthetic organic chemicals as 
                granular activated carbon.
                  (E) Feasible technologies.--
                          (i) In general.--Each national 
                        primary drinking water regulation which 
                        establishes a maximum contaminant level 
                        shall list the technology, treatment 
                        techniques, and other means which the 
                        Administrator finds to be feasible for 
                        purposes of meeting such maximum 
                        contaminant level, but a regulation 
                        under this subsection shall not require 
                        that any specified technology, 
                        treatment technique, or other means be 
                        used for purposes of meeting such 
                        maximum contaminant level.
                          (ii) List of technologies for small 
                        systems.--The Administrator shall 
                        include in the list any technology, 
                        treatment technique, or other means 
                        that is affordable, as determined by 
                        the Administrator in consultation with 
                        the States, for small public water 
                        systems serving--
                                  (I) a population of 10,000 or 
                                fewer but more than 3,300;
                                  (II) a population of 3,300 or 
                                fewer but more than 500; and
                                  (III) a population of 500 or 
                                fewer but more than 25;
                        and that achieves compliance with the 
                        maximum contaminant level or treatment 
                        technique, including packaged or 
                        modular systems and point-of-entry or 
                        point-of-use treatment units. Point-of-
                        entry and point-of-use treatment units 
                        shall be owned, controlled and 
                        maintained by the public water system 
                        or by a person under contract with the 
                        public water system to ensure proper 
                        operation and maintenance and 
                        compliance with the maximum contaminant 
                        level or treatment technique and 
                        equipped with mechanical warnings to 
                        ensure that customers are automatically 
                        notified of operational problems. The 
                        Administrator shall not include in the 
                        list any point-of-use treatment 
                        technology, treatment technique, or 
                        other means to achieve compliance with 
                        a maximum contaminant level or 
                        treatment technique requirement for a 
                        microbial contaminant (or an indicator 
                        of a microbial contaminant). If the 
                        American National Standards Institute 
                        has issued product standards applicable 
                        to a specific type of point-of-entry or 
                        point-of-use treatment unit, individual 
                        units of that type shall not be 
                        accepted for compliance with a maximum 
                        contaminant level or treatment 
                        technique requirement unless they are 
                        independently certified in accordance 
                        with such standards. In listing any 
                        technology, treatment technique, or 
                        other means pursuant to this clause, 
                        the Administrator shall consider the 
                        quality of the source water to be 
                        treated.
                          (iii) List of technologies that 
                        achieve compliance.--Except as provided 
                        in clause (v), not later than 2 years 
                        after the date of enactment of this 
                        clause and after consultation with the 
                        States, the Administrator shall issue a 
                        list of technologies that achieve 
                        compliance with the maximum contaminant 
                        level or treatment technique for each 
                        category of public water systems 
                        described in subclauses (I), (II), and 
                        (III) of clause (ii) for each national 
                        primary drinking water regulation 
                        promulgated prior to the date of 
                        enactment of this paragraph.
                          (iv) Additional technologies.--The 
                        Administrator may, at any time after a 
                        national primary drinking water 
                        regulation has been promulgated, 
                        supplement the list of technologies 
                        describing additional or new or 
                        innovative treatment technologies that 
                        meet the requirements of this paragraph 
                        for categories of small public water 
                        systems described in subclauses (I), 
                        (II), and (III) of clause (ii) that are 
                        subject to the regulation.
                          (v) Technologies that meet surface 
                        water treatment rule.--Within one year 
                        after the date of enactment of this 
                        clause, the Administrator shall list 
                        technologies that meet the Surface 
                        Water Treatment Rule for each category 
                        of public water systems described in 
                        subclauses (I), (II), and (III) of 
                        clause (ii).
          (5) Additional health risk considerations.--
                  (A) In general.--Notwithstanding paragraph 
                (4), the Administrator may establish a maximum 
                contaminant level for a contaminant at a level 
                other than the feasible level, if the 
                technology, treatment techniques, and other 
                means used to determine the feasible level 
                would result in an increase in the health risk 
                from drinking water by--
                          (i) increasing the concentration of 
                        other contaminants in drinking water; 
                        or
                          (ii) interfering with the efficacy of 
                        drinking water treatment techniques or 
                        processes that are used to comply with 
                        other national primary drinking water 
                        regulations.
                  (B) Establishment of level.--If the 
                Administrator establishes a maximum contaminant 
                level or levels or requires the use of 
                treatment techniques for any contaminant or 
                contaminants pursuant to the authority of this 
                paragraph--
                          (i) the level or levels or treatment 
                        techniques shall minimize the overall 
                        risk of adverse health effects by 
                        balancing the risk from the contaminant 
                        and the risk from other contaminants 
                        the concentrations of which may be 
                        affected by the use of a treatment 
                        technique or process that would be 
                        employed to attain the maximum 
                        contaminant level or levels; and
                          (ii) the combination of technology, 
                        treatment techniques, or other means 
                        required to meet the level or levels 
                        shall not be more stringent than is 
                        feasible (as defined in paragraph 
                        (4)(D)).
          [(6) Additional health risk reduction and cost 
        considerations.--
                  [(A) In general.--Notwithstanding paragraph 
                (4), if the Administrator determines based on 
                an analysis conducted under paragraph (3)(C) 
                that the benefits of a maximum contaminant 
                level promulgated in accordance with paragraph 
                (4) would not justify the costs of complying 
                with the level, the Administrator may, after 
                notice and opportunity for public comment, 
                promulgate a maximum contaminant level for the 
                contaminant that maximizes health risk 
                reduction benefits at a cost that is justified 
                by the benefits.
                  [(B) Exception.--The Administrator shall not 
                use the authority of this paragraph to 
                promulgate a maximum contaminant level for a 
                contaminant, if the benefits of compliance with 
                a national primary drinking water regulation 
                for the contaminant that would be promulgated 
                in accordance with paragraph (4) experienced 
                by--
                          [(i) persons served by large public 
                        water systems; and
                          [(ii) persons served by such other 
                        systems as are unlikely, based on 
                        information provided by the States, to 
                        receive a variance under section 
                        1415(e) (relating to small system 
                        variances);
                would justify the costs to the systems of 
                complying with the regulation. This 
                subparagraph shall not apply if the contaminant 
                is found almost exclusively in small systems 
                eligible under section 1415(e) for a small 
                system variance.
                  [(C) Disinfectants and disinfection 
                byproducts.--The Administrator may not use the 
                authority of this paragraph to establish a 
                maximum contaminant level in a Stage I or Stage 
                II national primary drinking water regulation 
                (as described in paragraph (2)(C)) for 
                contaminants that are disinfectants or 
                disinfection byproducts, or to establish a 
                maximum contaminant level or treatment 
                technique requirement for the control of 
                cryptosporidium. The authority of this 
                paragraph may be used to establish regulations 
                for the use of disinfection by systems relying 
                on ground water sources as required by 
                paragraph (8).
                  [(D) Judicial review.--A determination by the 
                Administrator that the benefits of a maximum 
                contaminant level or treatment requirement 
                justify or do not justify the costs of 
                complying with the level shall be reviewed by 
                the court pursuant to section 1448 only as part 
                of a review of a final national primary 
                drinking water regulation that has been 
                promulgated based on the determination and 
                shall not be set aside by the court under that 
                section unless the court finds that the 
                determination is arbitrary and capricious.]
  (7)(A) The Administrator is authorized to promulgate a 
national primary drinking water regulation that requires the 
use of a treatment technique in lieu of establishing a maximum 
contaminant level, if the Administrator makes a finding that it 
is not economically or technologically feasible to ascertain 
the level of the contaminant. In such case, the Administrator 
shall identify those treatment techniques which, in the 
Administrator's judgment, would prevent known or anticipated 
adverse effects on the health of persons to the extent 
feasible. Such regulations shall specify each treatment 
technique known to the Administrator which meets the 
requirements of this paragraph, but the Administrator may grant 
a variance from any specified treatment technique in accordance 
with section 1415(a)(3).
  (B) Any schedule referred to in this subsection for the 
promulgation of a national primary drinking water regulation 
for any contaminant shall apply in the same manner if the 
regulation requires a treatment technique in lieu of 
establishing a maximum contaminant level.
  (C)(i) Not later than 18 months after the enactment of the 
Safe Drinking Water Act Amendments of 1986, the Administrator 
shall propose and promulgate national primary drinking water 
regulations specifying criteria under which filtration 
(including coagulation and sedimentation, as appropriate) is 
required as a treatment technique for public water systems 
supplied by surface water sources. In promulgating such rules, 
the Administrator shall consider the quality of source waters, 
protection afforded by watershed management, treatment 
practices (such as disinfection and length of water storage) 
and other factors relevant to protection of health.
  (ii) In lieu of the provisions of section 1415 the 
Administrator shall specify procedures by which the State 
determines which public water systems within its jurisdiction 
shall adopt filtration under the criteria of clause (i). The 
State may require the public water system to provide studies or 
other information to assist in this determination. The 
procedures shall provide notice and opportunity for public 
hearing on this determination. If the State determines that 
filtration is required, the State shall prescribe a schedule 
for compliance by the public water system with the filtration 
requirement. A schedule shall require compliance within 18 
months of a determination made under clause (iii).
  (iii) Within 18 months from the time that the Administrator 
establishes the criteria and procedures under this 
subparagraph, a State with primary enforcement responsibility 
shall adopt any necessary regulations to implement this 
subparagraph. Within 12 months of adoption of such regulations 
the State shall make determinations regarding filtration for 
all the public water systems within its jurisdiction supplied 
by surface waters.
  (iv) If a State does not have primary enforcement 
responsibility for public water systems, the Administrator 
shall have the same authority to make the determination in 
clause (ii) in such State as the State would have under that 
clause. Any filtration requirement or schedule under this 
subparagraph shall be treated as if it were a requirement of a 
national primary drinking water regulation.
  (v) As an additional alternative to the regulations 
promulgated pursuant to clauses (i) and (iii), including the 
criteria for avoiding filtration contained in 40 CFR 141.71, a 
State exercising primary enforcement responsibility for public 
water systems may, on a case-by-case basis, and after notice 
and opportunity for public comment, establish treatment 
requirements as an alternative to filtration in the case of 
systems having uninhabited, undeveloped watersheds in 
consolidated ownership, and having control over access to, and 
activities in, those watersheds, if the State determines (and 
the Administrator concurs) that the quality of the source water 
and the alternative treatment requirements established by the 
State ensure greater removal or inactivation efficiencies of 
pathogenic organisms for which national primary drinking water 
regulations have been promulgated or that are of public health 
concern than would be achieved by the combination of filtration 
and chlorine disinfection (in compliance with this section).
          (8) Disinfection.--At any time after the end of the 
        3-year period that begins on the date of enactment of 
        the Safe Drinking Water Act Amendments of 1996, but not 
        later than the date on which the Administrator 
        promulgates a Stage II rulemaking for disinfectants and 
        disinfection byproducts (as described in paragraph 
        (2)(C)), the Administrator shall also promulgate 
        national primary drinking water regulations requiring 
        disinfection as a treatment technique for all public 
        water systems, including surface water systems and, as 
        necessary, ground water systems. After consultation 
        with the States, the Administrator shall (as part of 
        the regulations) promulgate criteria that the 
        Administrator, or a State that has primary enforcement 
        responsibility under section 1413, shall apply to 
        determine whether disinfection shall be required as a 
        treatment technique for any public water system served 
        by ground water. The Administrator shall simultaneously 
        promulgate a rule specifying criteria that will be used 
        by the Administrator (or delegated State authorities) 
        to grant variances from this requirement according to 
        the provisions of sections 1415(a)(1)(B) and 
        1415(a)(3). In implementing section 1442(e) the 
        Administrator or the delegated State authority shall, 
        where appropriate, give special consideration to 
        providing technical assistance to small public water 
        systems in complying with the regulations promulgated 
        under this paragraph.
          (9) Review and revision.--The Administrator shall, 
        not less often than every 6 years, review and revise, 
        as appropriate, each national primary drinking water 
        regulation promulgated under this title. Any revision 
        of a national primary drinking water regulation shall 
        be promulgated in accordance with this section, except 
        that each revision shall maintain, or provide for 
        greater, protection of the health of persons.
          (10) Effective date.--A national primary drinking 
        water regulation promulgated under this section (and 
        any amendment thereto) shall take effect on the date 
        that is 3 years after the date on which the regulation 
        is promulgated unless the Administrator determines that 
        an earlier date is practicable, except that the 
        Administrator, or a State (in the case of an individual 
        system), may allow up to 2 additional years to comply 
        with a maximum contaminant level or treatment technique 
        if the Administrator or State (in the case of an 
        individual system) determines that additional time is 
        necessary for capital improvements.
          (11) No national primary drinking water regulation 
        may require the addition of any substance for 
        preventive health care purposes unrelated to 
        contamination of drinking water.
          (12) Certain contaminants.--
                  (A) Arsenic.--
                          (i) Schedule and standard.--
                        Notwithstanding the deadlines set forth 
                        in paragraph (1), the Administrator 
                        shall promulgate a national primary 
                        drinking water regulation for arsenic 
                        pursuant to this subsection, in 
                        accordance with the schedule 
                        established by this paragraph.
                          (ii) Study plan.--Not later than 180 
                        days after the date of enactment of 
                        this paragraph, the Administrator shall 
                        develop a comprehensive plan for study 
                        in support of drinking water rulemaking 
                        to reduce the uncertainty in assessing 
                        health risks associated with exposure 
                        to low levels of arsenic. In conducting 
                        such study, the Administrator shall 
                        consult with the National Academy of 
                        Sciences, other Federal agencies, and 
                        interested public and private entities.
                          (iii) Cooperative agreements.--In 
                        carrying out the study plan, the 
                        Administrator may enter into 
                        cooperative agreements with other 
                        Federal agencies, State and local 
                        governments, and other interested 
                        public and private entities.
                          (iv) Proposed regulations.--The 
                        Administrator shall propose a national 
                        primary drinking water regulation for 
                        arsenic not later than January 1, 2000.
                          (v) Final regulations.--Not later 
                        than January 1, 2001, after notice and 
                        opportunity for public comment, the 
                        Administrator shall promulgate a 
                        national primary drinking water 
                        regulation for arsenic.
                          (vi) Authorization.--There are 
                        authorized to be appropriated 
                        $2,500,000 for each of fiscal years 
                        1997 through 2000 for the studies 
                        required by this paragraph.
                  (B) Sulfate.--
                          (i) Additional study.--Prior to 
                        promulgating a national primary 
                        drinking water regulation for sulfate, 
                        the Administrator and the Director of 
                        the Centers for Disease Control and 
                        Prevention shall jointly conduct an 
                        additional study to establish a 
                        reliable dose-response relationship for 
                        the adverse human health effects that 
                        may result from exposure to sulfate in 
                        drinking water, including the health 
                        effects that may be experienced by 
                        groups within the general population 
                        (including infants and travelers) that 
                        are potentially at greater risk of 
                        adverse health effects as the result of 
                        such exposure. The study shall be 
                        conducted in consultation with 
                        interested States, shall be based on 
                        the best available, peer-reviewed 
                        science and supporting studies 
                        conducted in accordance with sound and 
                        objective scientific practices, and 
                        shall be completed not later than 30 
                        months after the date of enactment of 
                        the Safe Drinking Water Act Amendments 
                        of 1996.
                  (ii) Determination.--The Administrator shall 
                include sulfate among the 5 or more 
                contaminants for which a determination is made 
                pursuant to paragraph (3)(B) not later than 5 
                years after the date of enactment of the Safe 
                Drinking Water Act Amendments of 1996.
                  (iii) Proposed and final rule.--
                Notwithstanding the deadlines set forth in 
                paragraph (2), the Administrator may, pursuant 
                to the authorities of this subsection and after 
                notice and opportunity for public comment, 
                promulgate a final national primary drinking 
                water regulation for sulfate. Any such 
                regulation shall include requirements for 
                public notification and options for the 
                provision of alternative water supplies to 
                populations at risk as a means of complying 
                with the regulation in lieu of a best available 
                treatment technology or other means.
          (13) Radon in drinking water.--
                  (A) National primary drinking water 
                regulation.--Notwithstanding paragraph (2), the 
                Administrator shall withdraw any national 
                primary drinking water regulation for radon 
                proposed prior to the date of enactment of this 
                paragraph and shall propose and promulgate a 
                regulation for radon under this section, as 
                amended by the Safe Drinking Water Act 
                Amendments of 1996.
                  (B) Risk assessment and studies.--
                          (i) Assessment by nas.--Prior to 
                        proposing a national primary drinking 
                        water regulation for radon, the 
                        Administrator shall arrange for the 
                        National Academy of Sciences to prepare 
                        a risk assessment for radon in drinking 
                        water using the best available science 
                        in accordance with the requirements of 
                        paragraph (3). The risk assessment 
                        shall consider each of the risks 
                        associated with exposure to radon from 
                        drinking water and consider studies on 
                        the health effects of radon at levels 
                        and under conditions likely to be 
                        experienced through residential 
                        exposure. The risk assessment shall be 
                        peer-reviewed.
                          (ii) Study of other measures.--The 
                        Administrator shall arrange for the 
                        National Academy of Sciences to prepare 
                        an assessment of the health risk 
                        reduction benefits associated with 
                        various mitigation measures to reduce 
                        radon levels in indoor air. The 
                        assessment may be conducted as part of 
                        the risk assessment authorized by 
                        clause (i) and shall be used by the 
                        Administrator to prepare the guidance 
                        and approve State programs under 
                        subparagraph (G).
                          (iii) Other organization.--If the 
                        National Academy of Sciences declines 
                        to prepare the risk assessment or 
                        studies required by this subparagraph, 
                        the Administrator shall enter into a 
                        contract or cooperative agreement with 
                        another independent, scientific 
                        organization to prepare such 
                        assessments or studies.
                  (C) Health risk reduction and cost 
                analysis.--Not later than 30 months after the 
                date of enactment of this paragraph, the 
                Administrator shall publish, and seek public 
                comment on, a health risk reduction and cost 
                analysis meeting the requirements of paragraph 
                (3)(C) for potential maximum contaminant levels 
                that are being considered for radon in drinking 
                water. The Administrator shall include a 
                response to all significant public comments 
                received on the analysis with the preamble for 
                the proposed rule published under subparagraph 
                (D).
                  (D) Proposed regulation.--Not later than 36 
                months after the date of enactment of this 
                paragraph, the Administrator shall propose a 
                maximum contaminant level goal and a national 
                primary drinking water regulation for radon 
                pursuant to this section.
                  (E) Final regulation.--Not later than 12 
                months after the date of the proposal under 
                subparagraph (D), the Administrator shall 
                publish a maximum contaminant level goal and 
                promulgate a national primary drinking water 
                regulation for radon pursuant to this section 
                based on the risk assessment prepared pursuant 
                to subparagraph (B) and the health risk 
                reduction and cost analysis published pursuant 
                to subparagraph (C). In considering the risk 
                assessment and the health risk reduction and 
                cost analysis in connection with the 
                promulgation of such a standard, the 
                Administrator shall take into account the costs 
                and benefits of control programs for radon from 
                other sources.
                  (F) Alternative maximum contaminant level.--
                If the maximum contaminant level for radon in 
                drinking water promulgated pursuant to 
                subparagraph (E) is more stringent than 
                necessary to reduce the contribution to radon 
                in indoor air from drinking water to a 
                concentration that is equivalent to the 
                national average concentration of radon in 
                outdoor air, the Administrator shall, 
                simultaneously with the promulgation of such 
                level, promulgate an alternative maximum 
                contaminant level for radon that would result 
                in a contribution of radon from drinking water 
                to radon levels in indoor air equivalent to the 
                national average concentration of radon in 
                outdoor air. If the Administrator promulgates 
                an alternative maximum contaminant level under 
                this subparagraph, the Administrator shall, 
                after notice and opportunity for public comment 
                and in consultation with the States, publish 
                guidelines for State programs, including 
                criteria for multimedia measures to mitigate 
                radon levels in indoor air, to be used by the 
                States in preparing programs under subparagraph 
                (G). The guidelines shall take into account 
                data from existing radon mitigation programs 
                and the assessment of mitigation measures 
                prepared under subparagraph (B).
                  (G) Multimedia radon mitigation programs.--
                          (i) In general.--A State may develop 
                        and submit a multimedia program to 
                        mitigate radon levels in indoor air for 
                        approval by the Administrator under 
                        this subparagraph. If, after notice and 
                        the opportunity for public comment, 
                        such program is approved by the 
                        Administrator, public water systems in 
                        the State may comply with the 
                        alternative maximum contaminant level 
                        promulgated under subparagraph (F) in 
                        lieu of the maximum contaminant level 
                        in the national primary drinking water 
                        regulation promulgated under 
                        subparagraph (E).
                          (ii) Elements of programs.--State 
                        programs may rely on a variety of 
                        mitigation measures including public 
                        education, testing, training, technical 
                        assistance, remediation grant and loan 
                        or incentive programs, or other 
                        regulatory or nonregulatory measures. 
                        The effectiveness of elements in State 
                        programs shall be evaluated by the 
                        Administrator based on the assessment 
                        prepared by the National Academy of 
                        Sciences under subparagraph (B) and the 
                        guidelines published by the 
                        Administrator under subparagraph (F).
                          (iii) Approval.--The Administrator 
                        shall approve a State program submitted 
                        under this paragraph if the health risk 
                        reduction benefits expected to be 
                        achieved by the program are equal to or 
                        greater than the health risk reduction 
                        benefits that would be achieved if each 
                        public water system in the State 
                        complied with the maximum contaminant 
                        level promulgated under subparagraph 
                        (E). The Administrator shall approve or 
                        disapprove a program submitted under 
                        this paragraph within 180 days of 
                        receipt. A program that is not 
                        disapproved during such period shall be 
                        deemed approved. A program that is 
                        disapproved may be modified to address 
                        the objections of the Administrator and 
                        be resubmitted for approval.
                          (iv) Review.--The Administrator shall 
                        periodically, but not less often than 
                        every 5 years, review each multimedia 
                        mitigation program approved under this 
                        subparagraph to determine whether it 
                        continues to meet the requirements of 
                        clause (iii) and shall, after written 
                        notice to the State and an opportunity 
                        for the State to correct any deficiency 
                        in the program, withdraw approval of 
                        programs that no longer comply with 
                        such requirements.
                          (v) Extension.--If, within 90 days 
                        after the promulgation of an 
                        alternative maximum contaminant level 
                        under subparagraph (F), the Governor of 
                        a State submits a letter to the 
                        Administrator committing to develop a 
                        multimedia mitigation program under 
                        this subparagraph, the effective date 
                        of the national primary drinking water 
                        regulation for radon in the State that 
                        would be applicable under paragraph 
                        (10) shall be extended for a period of 
                        18 months.
                          (vi) Local programs.--In the event 
                        that a State chooses not to submit a 
                        multimedia mitigation program for 
                        approval under this subparagraph or has 
                        submitted a program that has been 
                        disapproved, any public water system in 
                        the State may submit a program for 
                        approval by the Administrator according 
                        to the same criteria, conditions, and 
                        approval process that would apply to a 
                        State program. The Administrator shall 
                        approve a multimedia mitigation program 
                        if the health risk reduction benefits 
                        expected to be achieved by the program 
                        are equal to or greater than the health 
                        risk reduction benefits that would 
                        result from compliance by the public 
                        water system with the maximum 
                        contaminant level for radon promulgated 
                        under subparagraph (E).
          (14) Recycling of filter backwash.--The Administrator 
        shall promulgate a regulation to govern the recycling 
        of filter backwash water within the treatment process 
        of a public water system. The Administrator shall 
        promulgate such regulation not later than 4 years after 
        the date of enactment of the Safe Drinking Water Act 
        Amendments of 1996 unless such recycling has been 
        addressed by the Administrator's Enhanced Surface Water 
        Treatment Rule prior to such date.
          (15) Variance technologies.--
                  (A) In general.--At the same time as the 
                Administrator promulgates a national primary 
                drinking water regulation for a contaminant 
                pursuant to this section, the Administrator 
                shall issue guidance or regulations describing 
                the best treatment technologies, treatment 
                techniques, or other means (referred to in this 
                paragraph as ``variance technology'') for the 
                contaminant that the Administrator finds, after 
                examination for efficacy under field conditions 
                and not solely under laboratory conditions, are 
                available and affordable, as determined by the 
                Administrator in consultation with the States, 
                for public water systems of varying size, 
                considering the quality of the source water to 
                be treated. The Administrator shall identify 
                such variance technologies for public water 
                systems serving--
                          (i) a population of 10,000 or fewer 
                        but more than 3,300;
                          (ii) a population of 3,300 or fewer 
                        but more than 500; and
                          (iii) a population of 500 or fewer 
                        but more than 25,
                if, considering the quality of the source water 
                to be treated, no treatment technology is 
                listed for public water systems of that size 
                under paragraph (4)(E). Variance technologies 
                identified by the Administrator pursuant to 
                this paragraph may not achieve compliance with 
                the maximum contaminant level or treatment 
                technique requirement of such regulation, but 
                shall achieve the maximum reduction or 
                inactivation efficiency that is affordable 
                considering the size of the system and the 
                quality of the source water. The guidance or 
                regulations shall not require the use of a 
                technology from a specific manufacturer or 
                brand.
                  (B) Limitation.--The Administrator shall not 
                identify any variance technology under this 
                paragraph, unless the Administrator has 
                determined, considering the quality of the 
                source water to be treated and the expected 
                useful life of the technology, that the 
                variance technology is protective of public 
                health.
                  (C) Additional information.--The 
                Administrator shall include in the guidance or 
                regulations identifying variance technologies 
                under this paragraph any assumptions supporting 
                the public health determination referred to in 
                subparagraph (B), where such assumptions 
                concern the public water system to which the 
                technology may be applied, or its source 
                waters. The Administrator shall provide any 
                assumptions used in determining affordability, 
                taking into consideration the number of persons 
                served by such systems. The Administrator shall 
                provide as much reliable information as 
                practicable on performance, effectiveness, 
                limitations, costs, and other relevant factors 
                including the applicability of variance 
                technology to waters from surface and 
                underground sources.
                  [(D) Regulations and guidance.--Not later 
                than 2 years after the date of enactment of 
                this paragraph and after consultation with the 
                States, the Administrator shall issue guidance 
                or regulations under subparagraph (A) for each 
                national primary drinking water regulation 
                promulgated prior to the date of enactment of 
                this paragraph for which a variance may be 
                granted under section 1415(e). The 
                Administrator may, at any time after a national 
                primary drinking water regulation has been 
                promulgated, issue guidance or regulations 
                describing additional variance technologies. 
                The Administrator shall, not less often than 
                every 7 years, or upon receipt of a petition 
                supported by substantial information, review 
                variance technologies identified under this 
                paragraph. The Administrator shall issue 
                revised guidance or regulations if new or 
                innovative variance technologies become 
                available that meet the requirements of this 
                paragraph and achieve an equal or greater 
                reduction or inactivation efficiency than the 
                variance technologies previously identified 
                under this subparagraph. No public water system 
                shall be required to replace a variance 
                technology during the useful life of the 
                technology for the sole reason that a more 
                efficient variance technology has been listed 
                under this subparagraph.]
          (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 (G)(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 protection.--The national primary 
                drinking water regulation promulgated under 
                subparagraph (A) shall be protective of the 
                health of subpopulations at greater risk, as 
                described in section 1458.
                  (F) 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 one 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.
                  (G) 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.
                  (H) 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.
          (17) Microcystin toxin.--
                  (A) In general.--Notwithstanding any other 
                deadline established in this subsection, not 
                later than 2 years after the date of enactment 
                of the Assistance, Quality, and Affordability 
                Act of 2021, the Administrator shall publish a 
                maximum contaminant level goal and promulgate a 
                national primary drinking water regulation for 
                microcystin toxin.
                  (B) Health protection.--The maximum 
                contaminant level goal and national primary 
                drinking water regulation promulgated under 
                subparagraph (A) shall be protective of the 
                health of subpopulations at greater risk, as 
                described in section 1458.
          (18) 1,4-dioxane.--
                  (A) In general.--Notwithstanding any other 
                deadline established in this subsection, not 
                later than 2 years after the date of enactment 
                of the Assistance, Quality, and Affordability 
                Act of 2021, the Administrator shall publish a 
                maximum contaminant level goal and promulgate a 
                national primary drinking water regulation for 
                1,4-dioxane.
                  (B) Health protection.--The maximum 
                contaminant level goal and national primary 
                drinking water regulation promulgated under 
                subparagraph (A) shall be protective of the 
                health of subpopulations at greater risk, as 
                described in section 1458.
  (c) The Administrator shall publish proposed national 
secondary drinking water regulations within 270 days after the 
date of enactment of this title. Within 90 days after 
publication of any such regulation, he shall promulgate such 
regulation with such modifications as he deems appropriate. 
Regulations under this subsection may be amended from time to 
time.
  (d) Regulations under this section shall be prescribed in 
accordance with section 553 of title 5, United States Code 
(relating to rulemaking), except that the Administrator shall 
provide opportunity for public hearing prior to promulgation of 
such regulations. In proposing and promulgating regulations 
under this section, the Administrator shall consult with the 
Secretary and the National Drinking Water Advisory Council.
  (e) The Administrator shall request comments from the Science 
Advisory Board (established under the Environmental Research, 
Development, and Demonstration Act of 1978) prior to proposal 
of a maximum contaminant level goal and national primary 
drinking water regulation. The Board shall respond, as it deems 
appropriate, within the time period applicable for promulgation 
of the national primary drinking water standard concerned. This 
subsection shall, under no circumstances, be used to delay 
final promulgation of any national primary drinking water 
standard.

           *       *       *       *       *       *       *


               enforcement of drinking water regulations

  Sec. 1414. (a)(1)(A) Whenever the Administrator finds during 
a period during which a State has primary enforcement 
responsibility for public water systems (within the meaning of 
section 1413(a)) that any public water system--
          (i) for which a variance under section 1415 or an 
        exemption under section 1416 is not in effect, does not 
        comply with any applicable requirement, or
          (ii) for which a variance under section 1415 or an 
        exemption under section 1416 is in effect, does not 
        comply with any schedule or other requirement imposed 
        pursuant thereto,
he shall so notify the State and such public water system and 
provide such advice and technical assistance to such State and 
public water system as may be appropriate to bring the system 
into compliance with the requirement by the earliest feasible 
time.
  (B) If, beyond the thirtieth day after the Administrator's 
notification under subparagraph (A), the State has not 
commenced appropriate enforcement action, the Administrator 
shall issue an order under subsection (g) requiring the public 
water system to comply with such applicable requirement or the 
Administrator shall commence a civil action under subsection 
(b).
          (2) Enforcement in nonprimacy states.--
                  (A) In general.--If, on the basis of 
                information available to the Administrator, the 
                Administrator finds, with respect to a period 
                in which a State does not have primary 
                enforcement responsibility for public water 
                systems, that a public water system in the 
                State--
                          (i) for which a variance under 
                        section 1415 or an exemption under 
                        section 1416 is not in effect, does not 
                        comply with any applicable requirement; 
                        or
                          (ii) for which a variance under 
                        section 1415 or an exemption under 
                        section 1416 is in effect, does not 
                        comply with any schedule or other 
                        requirement imposed pursuant to the 
                        variance or exemption;
                the Administrator shall issue an order under 
                subsection (g) requiring the public water 
                system to comply with the requirement, or 
                commence a civil action under subsection (b).
                  (B) Notice.--If the Administrator takes any 
                action pursuant to this paragraph, the 
                Administrator shall notify an appropriate local 
                elected official, if any, with jurisdiction 
                over the public water system of the action 
                prior to the time that the action is taken.
  (b) The Administrator may bring a civil action in the 
appropriate United States district court to require compliance 
with any applicable requirement, with an order issued under 
subsection (g), or with any schedule or other requirement 
imposed pursuant to a variance or exemption granted under 
section 1415 or 1416 if--
          (1) authorized under paragraph (1) or (2) of 
        subsection (a), or
          (2) if requested by (A) the chief executive officer 
        of the State in which is located the public water 
        system which is not in compliance with such regulation 
        or requirement, or (B) the agency of such State which 
        has jurisdiction over compliance by public water 
        systems in the State with national primary drinking 
        water regulations or State drinking water regulations.
The court may enter, in an action brought under this 
subsection, such judgment as protection of public health may 
require, taking into consideration the time necessary to comply 
and the availability of alternative water supplies; and, if the 
court determines that there has been a violation of the 
regulation or schedule or other requirement with respect to 
which the action was brought, the court may, taking into 
account the seriousness of the violation, the population at 
risk, and other appropriate factors, impose on the violator a 
civil penalty of not to exceed $25,000 for each day in which 
such violation occurs.
  (c) Notice to States, the Administrator, and Persons 
Served.--
          (1) In general.--Each owner or operator of a public 
        water system shall give notice of each of the following 
        to the persons served by the system:
                  (A) Notice of any failure on the part of the 
                public water system to--
                          (i) comply with an applicable maximum 
                        contaminant level or treatment 
                        technique requirement of, or a testing 
                        procedure prescribed by, a national 
                        primary drinking water regulation; or
                          (ii) perform monitoring required by 
                        section 1445(a).
                  (B) If the public water system is subject to 
                a variance granted under subsection (a)(1)(A)[, 
                (a)(2), or (e)] or (a)(2) of section 1415 for 
                an inability to meet a maximum contaminant 
                level requirement or is subject to an exemption 
                granted under section 1416, notice of--
                          (i) the existence of the variance or 
                        exemption; and
                          (ii) any failure to comply with the 
                        requirements of any schedule prescribed 
                        pursuant to the variance or exemption.
                  (C) Notice of the concentration level of any 
                unregulated contaminant for which the 
                Administrator has required public notice 
                pursuant to paragraph (2)(F).
                  (D) Notice that the public water system 
                exceeded the lead action level under section 
                141.80(c) of title 40, Code of Federal 
                Regulations (or a prescribed level of lead that 
                the Administrator establishes for public 
                education or notification in a successor 
                regulation promulgated pursuant to section 
                1412).
          (2) Form, manner, and frequency of notice.--
                  (A) In general.--The Administrator shall, by 
                regulation, and after consultation with the 
                States, prescribe the manner, frequency, form, 
                and content for giving notice under this 
                subsection. The regulations shall--
                          (i) provide for different frequencies 
                        of notice based on the differences 
                        between violations that are 
                        intermittent or infrequent and 
                        violations that are continuous or 
                        frequent; and
                          (ii) take into account the 
                        seriousness of any potential adverse 
                        health effects that may be involved.
                  (B) State requirements.--
                          (i) In general.--A State may, by 
                        rule, establish alternative 
                        notification requirements--
                                  (I) with respect to the form 
                                and content of notice given 
                                under and in a manner in 
                                accordance with subparagraph 
                                (C); and
                                  (II) with respect to the form 
                                and content of notice given 
                                under subparagraph (E).
                          (ii) Contents.--The alternative 
                        requirements shall provide the same 
                        type and amount of information as 
                        required pursuant to this subsection 
                        and regulations issued under 
                        subparagraph (A).
                          (iii) Relationship to section 1413.--
                        Nothing in this subparagraph shall be 
                        construed or applied to modify the 
                        requirements of section 1413.
                  (C) Notice of violations or exceedances with 
                potential to have serious adverse effects on 
                human health.--Regulations issued under 
                subparagraph (A) shall specify notification 
                procedures for each violation, and each 
                exceedance described in paragraph (1)(D), by a 
                public water system that has the potential to 
                have serious adverse effects on human health as 
                a result of short-term exposure. Each notice of 
                violation or exceedance provided under this 
                subparagraph shall--
                          (i) be distributed as soon as 
                        practicable, but not later than 24 
                        hours, after the public water system 
                        learns of the violation or exceedance;
                          (ii) provide a clear and readily 
                        understandable explanation of--
                                  (I) the violation or 
                                exceedance;
                                  (II) the potential adverse 
                                effects on human health;
                                  (III) the steps that the 
                                public water system is taking 
                                to correct the violation or 
                                exceedance; and
                                  (IV) the necessity of seeking 
                                alternative water supplies 
                                until the violation or 
                                exceedance is corrected;
                          (iii) be provided to the 
                        Administrator and the head of the State 
                        agency that has primary enforcement 
                        responsibility under section 1413, as 
                        applicable, as soon as practicable, but 
                        not later than 24 hours after the 
                        public water system learns of the 
                        violation or exceedance; and
                          (iv) as required by the State agency 
                        in general regulations of the State 
                        agency, or on a case-by-case basis 
                        after the consultation referred to in 
                        clause (iii), considering the health 
                        risks involved--
                                  (I) be provided to 
                                appropriate media, including 
                                broadcast media;
                                  (II) be prominently published 
                                in a newspaper of general 
                                circulation serving the area 
                                not later than 1 day after 
                                distribution of a notice 
                                pursuant to clause (i) or the 
                                date of publication of the next 
                                issue of the newspaper; or
                                  (III) be provided by posting 
                                or door-to-door notification.
                  (D) Notice by the administrator.--If the 
                State with primary enforcement responsibility 
                or the owner or operator of a public water 
                system has not issued a notice under 
                subparagraph (C) for an exceedance of the lead 
                action level under section 141.80(c) of title 
                40, Code of Federal Regulations (or a 
                prescribed level of lead that the Administrator 
                establishes for public education or 
                notification in a successor regulation 
                promulgated pursuant to section 1412) that has 
                the potential to have serious adverse effects 
                on human health as a result of short-term 
                exposure, not later than 24 hours after the 
                Administrator is notified of the exceedance, 
                the Administrator shall issue the required 
                notice under that subparagraph.
                  (E) Written notice.--
                          (i) In general.--Regulations issued 
                        under subparagraph (A) shall specify 
                        notification procedures for violations 
                        other than the violations covered by 
                        subparagraph (C). The procedures shall 
                        specify that a public water system 
                        shall provide written notice to each 
                        person served by the system by notice 
                        (I) in the first bill (if any) prepared 
                        after the date of occurrence of the 
                        violation, (II) in an annual report 
                        issued not later than 1 year after the 
                        date of occurrence of the violation, or 
                        (III) by mail or direct delivery as 
                        soon as practicable, but not later than 
                        1 year after the date of occurrence of 
                        the violation.
                          (ii) Form and manner of notice.--The 
                        Administrator shall prescribe the form 
                        and manner of the notice to provide a 
                        clear and readily understandable 
                        explanation of the violation, any 
                        potential adverse health effects, and 
                        the steps that the system is taking to 
                        seek alternative water supplies, if 
                        any, until the violation is corrected.
                  (F) Unregulated contaminants.--The 
                Administrator may require the owner or operator 
                of a public water system to give notice to the 
                persons served by the system of the 
                concentration levels of an unregulated 
                contaminant required to be monitored under 
                section 1445(a).
          (3) Reports.--
                  (A) Annual report by state.--
                          (i) In general.--Not later than 
                        January 1, 1998, and annually 
                        thereafter, each State that has primary 
                        enforcement responsibility under 
                        section 1413 shall prepare, make 
                        readily available to the public, and 
                        submit to the Administrator an annual 
                        report on violations of national 
                        primary drinking water regulations by 
                        public water systems in the State, 
                        including violations with respect to 
                        (I) maximum contaminant levels, (II) 
                        treatment requirements, (III) variances 
                        and exemptions, and (IV) monitoring 
                        requirements determined to be 
                        significant by the Administrator after 
                        consultation with the States.
                          (ii) Distribution.--The State shall 
                        publish and distribute summaries of the 
                        report and indicate where the full 
                        report is available for review.
                  (B) Annual report by administrator.--Not 
                later than July 1, 1998, and annually 
                thereafter, the Administrator shall prepare and 
                make available to the public an annual report 
                summarizing and evaluating reports submitted by 
                States pursuant to subparagraph (A), notices 
                submitted by public water systems serving 
                Indian Tribes provided to the Administrator 
                pursuant to subparagraph (C) or (E) of 
                paragraph (2), and notices issued by the 
                Administrator with respect to public water 
                systems serving Indian Tribes under 
                subparagraph (D) of that paragraph and making 
                recommendations concerning the resources needed 
                to improve compliance with this title. The 
                report shall include information about public 
                water system compliance on Indian reservations 
                and about enforcement activities undertaken and 
                financial assistance provided by the 
                Administrator on Indian reservations, and shall 
                make specific recommendations concerning the 
                resources needed to improve compliance with 
                this title on Indian reservations.
          (4) Consumer confidence reports by community water 
        systems.--
                  (A) Reports to consumers.--The Administrator, 
                in consultation with public water systems, 
                environmental groups, public interest groups, 
                risk communication experts, and the States, and 
                other interested parties, shall issue 
                regulations within 24 months after the date of 
                enactment of this paragraph to require each 
                community water system to mail, or provide by 
                electronic means, to each customer of the 
                system at least once annually a report on the 
                level of contaminants in the drinking water 
                purveyed by that system (referred to in this 
                paragraph as a ``consumer confidence report''). 
                Such regulations shall provide a brief and 
                plainly worded definition of the terms 
                ``maximum contaminant level goal'', ``maximum 
                contaminant level'', ``variances'', and 
                ``exemptions'' and brief statements in plain 
                language regarding the health concerns that 
                resulted in regulation of each regulated 
                contaminant. The regulations shall also include 
                a brief and plainly worded explanation 
                regarding contaminants that may reasonably be 
                expected to be present in drinking water, 
                including bottled water. The regulations shall 
                also provide for an Environmental Protection 
                Agency toll-free hotline that consumers can 
                call for more information and explanation.
                  (B) Contents of report.--The consumer 
                confidence reports under this paragraph shall 
                include, but not be limited to, each of the 
                following:
                          (i) Information on the source of the 
                        water purveyed.
                          (ii) A brief and plainly worded 
                        definition of the terms ``action 
                        level'', ``maximum contaminant level 
                        goal'', ``maximum contaminant level'', 
                        ``variances'', and ``exemptions'' as 
                        provided in the regulations of the 
                        Administrator.
                          (iii) If any regulated contaminant is 
                        detected in the water purveyed by the 
                        public water system, a statement 
                        describing, as applicable--
                                  (I) the maximum contaminant 
                                level goal;
                                  (II) the maximum contaminant 
                                level;
                                  (III) the level of the 
                                contaminant in the water 
                                system;
                                  (IV) the action level for the 
                                contaminant; and
                                  (V) for any contaminant for 
                                which there has been a 
                                violation of the maximum 
                                contaminant level during the 
                                year concerned, a brief 
                                statement in plain language 
                                regarding the health concerns 
                                that resulted in regulation of 
                                the contaminant, as provided by 
                                the Administrator in 
                                regulations under subparagraph 
                                (A).
                          (iv) Information on compliance with 
                        national primary drinking water 
                        regulations, as required by the 
                        Administrator, including corrosion 
                        control efforts, and notice if the 
                        system is operating under a variance or 
                        exemption and the basis on which the 
                        variance or exemption was granted.
                          (v) Information on the levels of 
                        unregulated contaminants for which 
                        monitoring is required under section 
                        1445(a)(2) (including levels of 
                        cryptosporidium and radon where States 
                        determine they may be found).
                          (vi) A statement that the presence of 
                        contaminants in drinking water does not 
                        necessarily indicate that the drinking 
                        water poses a health risk and that more 
                        information about contaminants and 
                        potential health effects can be 
                        obtained by calling the Environmental 
                        Protection Agency hotline.
                          (vii) Identification of, if any--
                                  (I) exceedances described in 
                                paragraph (1)(D) for which 
                                corrective action has been 
                                required by the Administrator 
                                or the State (in the case of a 
                                State exercising primary 
                                enforcement responsibility for 
                                public water systems) during 
                                the monitoring period covered 
                                by the consumer confidence 
                                report; and
                                  (II) violations that occurred 
                                during the monitoring period 
                                covered by the consumer 
                                confidence report.
                A public water system may include such 
                additional information as it deems appropriate 
                for public education. The Administrator may, 
                for not more than 3 regulated contaminants 
                other than those referred to in clause 
                (iii)(V), require a consumer confidence report 
                under this paragraph to include the brief 
                statement in plain language regarding the 
                health concerns that resulted in regulation of 
                the contaminant or contaminants concerned, as 
                provided by the Administrator in regulations 
                under subparagraph (A).
                  (C) Coverage.--The Governor of a State may 
                determine not to apply the mailing requirement 
                of subparagraph (A) to a community water system 
                serving fewer than 10,000 persons. Any such 
                system shall--
                          (i) inform, in the newspaper notice 
                        required by clause (iii) or by other 
                        means, its customers that the system 
                        will not be mailing the report as 
                        required by subparagraph (A);
                          (ii) make the consumer confidence 
                        report available upon request to the 
                        public; and
                          (iii) publish the report referred to 
                        in subparagraph (A) annually in one or 
                        more local newspapers serving the area 
                        in which customers of the system are 
                        located.
                  (D) Alternative to publication.--For any 
                community water system which, pursuant to 
                subparagraph (C), is not required to meet the 
                mailing requirement of subparagraph (A) and 
                which serves 500 persons or fewer, the 
                community water system may elect not to comply 
                with clause (i) or (iii) of subparagraph (C). 
                If the community water system so elects, the 
                system shall, at a minimum--
                          (i) prepare an annual consumer 
                        confidence report pursuant to 
                        subparagraph (B); and
                          (ii) provide notice at least once per 
                        year to each of its customers by mail, 
                        by door-to-door delivery, by posting or 
                        by other means authorized by the 
                        regulations of the Administrator that 
                        the consumer confidence report is 
                        available upon request.
                  (E) Alternative form and content.--A State 
                exercising primary enforcement responsibility 
                may establish, by rule, after notice and public 
                comment, alternative requirements with respect 
                to the form and content of consumer confidence 
                reports under this paragraph.
                  (F) Revisions.--
                          (i) Understandability and 
                        frequency.--Not later than 24 months 
                        after the date of enactment of 
                        America's Water Infrastructure Act of 
                        2018, the Administrator, in 
                        consultation with the parties 
                        identified in subparagraph (A), shall 
                        issue revisions to the regulations 
                        issued under subparagraph (A)--
                                  (I) to increase--
                                          (aa) the readability, 
                                        clarity, and 
                                        understandability of 
                                        the information 
                                        presented in consumer 
                                        confidence reports; and
                                          (bb) the accuracy of 
                                        information presented, 
                                        and risk communication, 
                                        in consumer confidence 
                                        reports; and
                                  (II) with respect to 
                                community water systems that 
                                serve 10,000 or more persons, 
                                to require each such community 
                                water system to provide, by 
                                mail, electronic means, or 
                                other methods described in 
                                clause (ii), a consumer 
                                confidence report to each 
                                customer of the system at least 
                                biannually.
                          (ii) Electronic delivery.--Any 
                        revision of regulations pursuant to 
                        clause (i) shall allow delivery of 
                        consumer confidence reports by methods 
                        consistent with methods described in 
                        the memorandum ``Safe Drinking Water 
                        Act-Consumer Confidence Report Rule 
                        Delivery Options'' issued by the 
                        Environmental Protection Agency on 
                        January 3, 2013.
          (5) Exceedance of lead level at households.--
                  (A) Strategic plan.--Not later than 180 days 
                after the date of enactment of this paragraph, 
                the Administrator shall, in collaboration with 
                owners and operators of public water systems 
                and States, establish a strategic plan for how 
                the Administrator, a State with primary 
                enforcement responsibility, and owners and 
                operators of public water systems shall provide 
                targeted outreach, education, technical 
                assistance, and risk communication to 
                populations affected by the concentration of 
                lead in a public water system, including 
                dissemination of information described in 
                subparagraph (C).
                  (B) EPA initiation of notice.--
                          (i) Forwarding of data by employee of 
                        the agency.--If the Agency develops, or 
                        receives from a source other than a 
                        State or a public water system, data 
                        that meets the requirements of section 
                        1412(b)(3)(A)(ii) that indicates that 
                        the drinking water of a household 
                        served by a public water system 
                        contains a level of lead that exceeds 
                        the lead action level under section 
                        141.80(c) of title 40, Code of Federal 
                        Regulations (or a prescribed level of 
                        lead that the Administrator establishes 
                        for public education or notification in 
                        a successor regulation promulgated 
                        pursuant to section 1412) (referred to 
                        in this paragraph as an ``affected 
                        household''), the Administrator shall 
                        require an appropriate employee of the 
                        Agency to forward the data, and 
                        information on the sampling techniques 
                        used to obtain the data, to the owner 
                        or operator of the public water system 
                        and the State in which the affected 
                        household is located within a time 
                        period determined by the Administrator.
                          (ii) Dissemination of information by 
                        owner or operator.--The owner or 
                        operator of a public water system shall 
                        disseminate to affected households the 
                        information described in subparagraph 
                        (C) within a time period established by 
                        the Administrator, if the owner or 
                        operator--
                                  (I) receives data and 
                                information under clause (i); 
                                and
                                  (II) has not, since the date 
                                of the test that developed the 
                                data, notified the affected 
                                households--
                                          (aa) with respect to 
                                        the concentration of 
                                        lead in the drinking 
                                        water of the affected 
                                        households; and
                                          (bb) that the 
                                        concentration of lead 
                                        in the drinking water 
                                        of the affected 
                                        households exceeds the 
                                        lead action level under 
                                        section 141.80(c) of 
                                        title 40, Code of 
                                        Federal Regulations (or 
                                        a prescribed level of 
                                        lead that the 
                                        Administrator 
                                        establishes for public 
                                        education or 
                                        notification in a 
                                        successor regulation 
                                        promulgated pursuant to 
                                        section 1412).
                          (iii) Consultation.--
                                  (I) Deadline.--If the owner 
                                or operator of the public water 
                                system does not disseminate to 
                                the affected households the 
                                information described in 
                                subparagraph (C) as required 
                                under clause (ii) within the 
                                time period established by the 
                                Administrator, not later than 
                                24 hours after the 
                                Administrator becomes aware of 
                                the failure by the owner or 
                                operator of the public water 
                                system to disseminate the 
                                information, the Administrator 
                                shall consult, within a period 
                                not to exceed 24 hours, with 
                                the applicable Governor to 
                                develop a plan, in accordance 
                                with the strategic plan, to 
                                disseminate the information to 
                                the affected households not 
                                later than 24 hours after the 
                                end of the consultation period.
                                  (II) Delegation.--The 
                                Administrator may only delegate 
                                the duty to consult under 
                                subclause (I) to an employee of 
                                the Agency who, as of the date 
                                of the delegation, works in the 
                                Office of Water at the 
                                headquarters of the Agency.
                          (iv) Dissemination by 
                        administrator.--The Administrator 
                        shall, as soon as practicable, 
                        disseminate to affected households the 
                        information described in subparagraph 
                        (C) if--
                                  (I) the owner or operator of 
                                the public water system does 
                                not disseminate the information 
                                to the affected households 
                                within the time period 
                                determined by the 
                                Administrator, as required by 
                                clause (ii); and
                                  (II)(aa) the Administrator 
                                and the applicable Governor do 
                                not agree on a plan described 
                                in clause (iii)(I) during the 
                                consultation period under that 
                                clause; or
                                  (bb) the applicable Governor 
                                does not disseminate the 
                                information within 24 hours 
                                after the end of the 
                                consultation period.
                  (C) Information required.--The information 
                described in this subparagraph includes--
                          (i) a clear explanation of the 
                        potential adverse effects on human 
                        health of drinking water that contains 
                        a concentration of lead that exceeds 
                        the lead action level under section 
                        141.80(c) of title 40, Code of Federal 
                        Regulations (or a prescribed level of 
                        lead that the Administrator establishes 
                        for public education or notification in 
                        a successor regulation promulgated 
                        pursuant to section 1412);
                          (ii) the steps that the owner or 
                        operator of the public water system is 
                        taking to mitigate the concentration of 
                        lead; and
                          (iii) the necessity of seeking 
                        alternative water supplies until the 
                        date on which the concentration of lead 
                        is mitigated.
          (6) Privacy.--Any notice to the public or an affected 
        household under this subsection shall protect the 
        privacy of individual customer information.
  (d) Whenever, on the basis of information available to him, 
the Administrator finds that within a reasonable time after 
national secondary drinking water regulations have been 
promulgated, one or more public water systems in a State do not 
comply with such secondary regulations, and that such 
noncompliance appears to result from a failure of such State to 
take reasonable action to assure that public water systems 
throughout such State meet such secondary regulations, he shall 
so notify the State.
  (e) Nothing in this title shall diminish any authority of a 
State or political subdivision to adopt or enforce any law or 
regulation respecting drinking water regulations or public 
water systems, but no such law or regulation shall relieve any 
person of any requirement otherwise applicable under this 
title.
  (f) If the Administrator makes a finding of noncompliance 
(described in subparagraph (A) or (B) of subsection (a)(1)) 
with respect to a public water system in a State which has 
primary enforcement responsibility, the Administrator may, for 
the purpose of assisting that State in carrying out such 
responsibility and upon the petition of such State or public 
water system or persons served by such system, hold, after 
appropriate notice, public hearings for the purpose of 
gathering information from technical or other experts, Federal, 
State, or other public officials, representatives of such 
public water system, persons served by such system, and other 
interested persons on--
          (1) the ways in which such system can within the 
        earliest feasible time be brought into compliance with 
        the regulation or requirement with respect to which 
        such finding was made, and
          (2) the means for the maximum feasible protection of 
        the public health during any period in which such 
        system is not in compliance with a national primary 
        drinking water regulation or requirement applicable to 
        a variance or exemption.
On the basis of such hearings the Administrator shall issue 
recommendations which shall be sent to such State and public 
water system and shall be made available to the public and 
communications media.
  (g)(1) In any case in which the Administrator is authorized 
to bring a civil action under this section or under section 
1445 with respect to any applicable requirement, the 
Administrator also may issue an order to require compliance 
with such applicable requirement.
  (2) An order issued under this subsection shall not take 
effect, in the case of a State having primary enforcement 
responsibility for public water systems in that State, until 
after the Administrator has provided the State with an 
opportunity to confer with the Administrator regarding the 
order. A copy of any order issued under this subsection shall 
be sent to the appropriate State agency of the State involved 
if the State has primary enforcement responsibility for public 
water systems in that State. Any order issued under this 
subsection shall state with reasonable specificity the nature 
of the violation. In any case in which an order under this 
subsection is issued to a corporation, a copy of such order 
shall be issued to appropriate corporate officers.
  (3)(A) Any person who violates, or fails or refuses to comply 
with, an order under this subsection shall be liable to the 
United States for a civil penalty of not more than $25,000 per 
day of violation.
  (B) In a case in which a civil penalty sought by the 
Administrator under this paragraph does not exceed $5,000, the 
penalty shall be assessed by the Administrator after notice and 
opportunity for a public hearing (unless the person against 
whom the penalty is assessed requests a hearing on the record 
in accordance with section 554 of title 5, United States Code). 
In a case in which a civil penalty sought by the Administrator 
under this paragraph exceeds $5,000, but does not exceed 
$25,000, the penalty shall be assessed by the Administrator 
after notice and opportunity for a hearing on the record in 
accordance with section 554 of title 5, United States Code.
  (C) Whenever any civil penalty sought by the Administrator 
under this subsection for a violation of an applicable 
requirement exceeds $25,000, the penalty shall be assessed by a 
civil action brought by the Administrator in the appropriate 
United States district court (as determined under the 
provisions of title 28 of the United States Code).
  (D) If any person fails to pay an assessment of a civil 
penalty after it has become a final and unappealable order, or 
after the appropriate court of appeals has entered final 
judgment in favor of the Administrator, the Attorney General 
shall recover the amount for which such person is liable in any 
appropriate district court of the United States. In any such 
action, the validity and appropriateness of the final order 
imposing the civil penalty shall not be subject to review.
  (h) Consolidation Incentive.--
          (1) In general.--An owner or operator of a public 
        water system may submit to the State in which the 
        system is located (if the State has primary enforcement 
        responsibility under section 1413) or to the 
        Administrator (if the State does not have primary 
        enforcement responsibility) a plan (including specific 
        measures and schedules) for--
                  (A) the physical consolidation of the system 
                with 1 or more other systems;
                  (B) the consolidation of significant 
                management and administrative functions of the 
                system with 1 or more other systems;
                  (C) the transfer of ownership of the system 
                that may reasonably be expected to improve 
                drinking water quality; or
                  (D) entering into a contractual agreement for 
                significant management or administrative 
                functions of the system to correct violations 
                identified in the plan.
          (2) Consequences of approval.--If the State or the 
        Administrator approves a plan pursuant to paragraph 
        (1), no enforcement action shall be taken pursuant to 
        this part with respect to a specific violation 
        identified in the approved plan prior to the date that 
        is the earlier of the date on which consolidation is 
        completed according to the plan or the date that is 2 
        years after the plan is approved.
          (3) Authority for mandatory assessment.--
                  (A) Authority.--A State with primary 
                enforcement responsibility or the Administrator 
                (if the State does not have primary enforcement 
                responsibility) may require the owner or 
                operator of a public water system to assess 
                options for consolidation, or transfer of 
                ownership of the system, as described in 
                paragraph (1), or other actions expected to 
                achieve compliance with national primary 
                drinking water regulations described in clause 
                (i)(I), if--
                          (i) the public water system--
                                  (I) has repeatedly violated 
                                one or more national primary 
                                drinking water regulations and 
                                such repeated violations are 
                                likely to adversely affect 
                                human health; and
                                  (II)(aa) is unable or 
                                unwilling to take feasible and 
                                affordable actions, as 
                                determined by the State with 
                                primary enforcement 
                                responsibility or the 
                                Administrator (if the State 
                                does not have primary 
                                enforcement responsibility), 
                                that will result in the public 
                                water system complying with the 
                                national primary drinking water 
                                regulations described in 
                                subclause (I), including 
                                accessing technical assistance 
                                and financial assistance 
                                through the State loan fund 
                                pursuant to section 1452; or
                                  (bb) has already undertaken 
                                actions described in item (aa) 
                                without achieving compliance;
                          (ii) such consolidation, transfer, or 
                        other action is feasible; and
                          (iii) such consolidation, transfer, 
                        or other action could result in greater 
                        compliance with national primary 
                        drinking water regulations.
                  (B) Tailoring of assessments.--Requirements 
                for any assessment to be conducted pursuant to 
                subparagraph (A) shall be tailored with respect 
                to the size, type, and characteristics, of the 
                public water system to be assessed.
                  (C) Approved entities.--An assessment 
                conducted pursuant to subparagraph (A) may be 
                conducted by an entity approved by the State 
                requiring such assessment (or the 
                Administrator, if the State does not have 
                primary enforcement responsibility), which may 
                include such State (or the Administrator, as 
                applicable), the public water system, or a 
                third party.
                  (D) Burden of assessments.--It is the sense 
                of Congress that any assessment required 
                pursuant to subparagraph (A) should not be 
                overly burdensome on the public water system 
                that is assessed.
          (4) Financial assistance.--Notwithstanding section 
        1452(a)(3), a public water system undertaking 
        consolidation or transfer of ownership or other actions 
        pursuant to an assessment completed under paragraph (3) 
        may receive a loan described in section 1452(a)(2)(A) 
        to carry out such consolidation, transfer, or other 
        action.
          (5) Protection of nonresponsible system.--
                  (A) Identification of liabilities.--
                          (i) In general.--An owner or operator 
                        of a public water system that submits a 
                        plan pursuant to paragraph (1) based on 
                        an assessment conducted with respect to 
                        such public water system under 
                        paragraph (3) shall identify as part of 
                        such plan--
                                  (I) any potential and 
                                existing liability for 
                                penalties and damages arising 
                                from each specific violation 
                                identified in the plan of which 
                                the owner or operator is aware; 
                                and
                                  (II) any funds or other 
                                assets that are available to 
                                satisfy such liability, as of 
                                the date of submission of such 
                                plan, to the public water 
                                system that committed such 
                                violation.
                          (ii) Inclusion.--In carrying out 
                        clause (i), the owner or operator shall 
                        take reasonable steps to ensure that 
                        all potential and existing liabilities 
                        for penalties and damages arising from 
                        each specific violation identified in 
                        the plan are identified.
                  (B) Reservation of funds.--A public water 
                system that, consistent with the findings of an 
                assessment conducted pursuant to paragraph (3), 
                has completed the actions under a plan 
                submitted and approved pursuant to this 
                subsection shall not be liable under this title 
                for a violation of this title identified in the 
                plan, except to the extent to which funds or 
                other assets are identified pursuant to 
                subparagraph (A)(i)(II) as available to satisfy 
                such liability.
          (6) Regulations.--Not later than 2 years after the 
        date of enactment of America's Water Infrastructure Act 
        of 2018, the Administrator shall promulgate regulations 
        to implement paragraphs (3), (4), and (5).
  (i) Definition of Applicable Requirement.--In this section, 
the term ``applicable requirement'' means--
          (1) a requirement of section 1412, 1414, 1415, 1416, 
        1417, 1433, 1441, or 1445;
          (2) a regulation promulgated pursuant to a section 
        referred to in paragraph (1);
          (3) a schedule or requirement imposed pursuant to a 
        section referred to in paragraph (1); and
          (4) a requirement of, or permit issued under, an 
        applicable State program for which the Administrator 
        has made a determination that the requirements of 
        section 1413 have been satisfied, or an applicable 
        State program approved pursuant to this part.
  (j) Improved Accuracy and Availability of Compliance 
Monitoring Data.--
          (1) Strategic plan.--Not later than 1 year after the 
        date of enactment of this subsection, the 
        Administrator, in coordination with States (including 
        States without primary enforcement responsibility under 
        section 1413), public water systems, and other 
        interested stakeholders, shall develop and provide to 
        Congress a strategic plan for improving the accuracy 
        and availability of monitoring data collected to 
        demonstrate compliance with national primary drinking 
        water regulations and submitted--
                  (A) by public water systems to States; or
                  (B) by States to the Administrator.
          (2) Evaluation.--In developing the strategic plan 
        under paragraph (1), the Administrator shall evaluate 
        any challenges faced--
                  (A) in ensuring the accuracy and integrity of 
                submitted data described in paragraph (1);
                  (B) by States and public water systems in 
                implementing an electronic system for 
                submitting such data, including the technical 
                and economic feasibility of implementing such a 
                system; and
                  (C) by users of such electronic systems in 
                being able to access such data.
          (3) Findings and recommendations.--The Administrator 
        shall include in the strategic plan provided to 
        Congress under paragraph (1)--
                  (A) a summary of the findings of the 
                evaluation under paragraph (2); and
                  (B) recommendations on practicable, cost-
                effective methods and means that can be 
                employed to improve the accuracy and 
                availability of submitted data described in 
                paragraph (1).
          (4) Consultation.--In developing the strategic plan 
        under paragraph (1), the Administrator may, as 
        appropriate, consult with States or other Federal 
        agencies that have experience using practicable methods 
        and means to improve the accuracy and availability of 
        submitted data described in such paragraph.

                               variances

  Sec. 1415. (a) Notwithstanding any other provision of this 
part, variances from national primary drinking water 
regulations may be granted as follows:
          (1)(A) A State which has primary enforcement 
        responsibility for public water systems may grant one 
        or more variances from an applicable national primary 
        drinking water regulation to one or more public water 
        systems within its jurisdiction which, because of 
        characteristics of the raw water sources which are 
        reasonably available to the systems, cannot meet the 
        requirements respecting the maximum contaminant levels 
        of such drinking water regulation. A variance may be 
        issued to a system on condition that the system install 
        the best technology, treatment techniques, or other 
        means, which the Administrator finds are available 
        (taking costs into consideration), and based upon an 
        evaluation satisfactory to the State that indicates 
        that alternative sources of water are not reasonably 
        available to the system. The Administrator shall 
        propose and promulgate his finding of the best 
        available technology, treatment techniques or other 
        means available for each contaminant for purposes of 
        this subsection at the time he proposes and promulgates 
        a maximum contaminant level for each such contaminant. 
        The Administrator's finding of best available 
        technology, treatment techniques or other means for 
        purposes of this subsection may vary depending on the 
        number of persons served by the system or for other 
        physical conditions related to engineering feasibility 
        and costs of compliance with maximum contaminant levels 
        as considered approprate by Administrator. Before a 
        State may grant a variance under this subparagraph, the 
        State must find that the variance will not result in an 
        unreasonable risk to health. If a State grants a public 
        water system a variance under this subparagraph, the 
        State shall prescribe at the the time the variance is 
        granted, a schedule for--
                  (i) compliance (including increments of 
                progress) by the public water system with each 
                contaminant level requirement with respect to 
                which the variance was granted, and
                  (ii) implementation by the public water 
                system of such additional control measures as 
                the State may require for each contaminant, 
                subject to such contaminant level requirement, 
                during the period ending on the date compliance 
                with such requirement is required.
        Before a schedule prescribed by a State pursuant to 
        this subparagraph may take effect, the State shall 
        provide notice and opportunity for a public hearing on 
        the schedule. A notice given pursuant to the preceding 
        sentence may cover the prescribing of more than one 
        such schedule and a hearing held pursuant to such 
        notice shall include each of the schedules covered by 
        the notice. A schedule prescribed pursuant to this 
        subparagraph for a public water system granted a 
        variance shall require compliance by the system with 
        each contaminant level requirement with respect to 
        which the variance was granted as expeditiously as 
        practicable (as the State may reasonably determine).
          (B) A State which has primary enforcement 
        responsibility for public water systems may grant to 
        one or more public water systems within its 
        jurisdiction one or more variances from any provision 
        of a national primary drinking water regulation which 
        requires the use of a specified treatment technique 
        with respect to a contaminant if the public water 
        system applying for the variance demonstrates to the 
        satisfaction of the State that such treatment technique 
        is not necessary to protect the health of persons 
        because of the nature of the raw water source of such 
        system. A variance granted under this subparagraph 
        shall be conditioned on such monitoring and other 
        requirements as the Administrator may prescribe.
          (C) Before a variance proposed to be granted by a 
        State under subparagraph (A) or (B) may take effect, 
        such State shall provide notice and opportunity for 
        public hearing on the proposed variance. A notice given 
        pursuant to the preceding sentence may cover the 
        granting of more than one variance and a hearing held 
        pursuant to such notice shall include each of the 
        variances covered by the notice. The State shall 
        promptly notify the Administrator of all variances 
        granted by it. Such notification shall contain the 
        reason for the variance (and in the case of a variance 
        under subparagraph (A), the basis for the finding 
        required by that subparagraph before the granting of 
        the variance) and documentation of the need for the 
        variance.
          (D) Each public water system's variance granted by a 
        State under subparagraph (A) shall be conditioned by 
        the State upon compliance by the public water system 
        with the schedule prescribed by the State pursuant to 
        that subparagraph. The requirements of each schedule 
        prescribed by a State pursuant to that subparagraph 
        shall be enforceable by the State under its laws. Any 
        requirement of a schedule on which a variance granted 
        under that subparagraph is conditioned may be enforced 
        under section 1414 as if such requirement was part of a 
        national primary drinking water regulation.
          (E) Each schedule prescribed by a State pursuant to 
        subparagraph (A) shall be deemed approved by the 
        Administrator unless the variance for which it was 
        prescribed is revoked by the Administrator under such 
        subparagraph.
          (F) Not later than 18 months after the effective date 
        of the interim national primary drinking water 
        regulations the Administrator shall complete a 
        comprehensive review of the variances granted under 
        subparagraph (A) (and schedules prescribed pursuant 
        thereto) and under subparagraph (B) by the States 
        during the one-year period beginning on such effective 
        date. The Administrator shall conduct such subsequent 
        reviews of variances and schedules as he deems 
        necessary to carry out the purposes of this title, but 
        each subsequent review shall be completed within each 
        3-year period following the completion of the first 
        review under this subparagraph. Before conducting any 
        review under this subparagraph, the Administrator shall 
        publish notice of the proposed review in the Federal 
        Register. Such notice shall (i) provide information 
        respecting the location of data and other information 
        respecting the variances to be reviewed (including data 
        and other information concerning new scientific matters 
        bearing on such variances), and (ii) advise of the 
        opportunity to submit comments on the variances 
        reviewed and on the need for continuing them. Upon 
        completion of any such review, the Administrator shall 
        publish in the Federal Register the results of his 
        review together with findings responsive to comments 
        submitted in connection with such review.
          (G)(i) If the Administrator finds that a State has, 
        in a substantial number of instances, abused its 
        discretion in granting variances under subparagraph (A) 
        or (B) or that in a substantial number of cases the 
        State has failed to prescribe schedules in accordance 
        with subparagraph (A), the Administrator shall notify 
        the State of his findings. In determining if a State 
        has abused its discretion in granting variances in a 
        substantial number of instances, the Administrator 
        shall consider the number of persons who are affected 
        by the variances and if the requirements applicable to 
        the granting of the variances were complied with. A 
        notice under this clause shall--
                  (I) identify each public water system with 
                respect to which the finding was made,
                  (II) specify the reasons for the finding, and
                  (III) as appropriate, propose revocations of 
                specific variances or propose revised schedules 
                or other requirements for specific public water 
                systems granted variances, or both.
          (ii) The Administrator shall provide reasonable 
        notice and public hearing on the provisions of each 
        notice given pursuant to clause (i) of this 
        subparagraph. After a hearing on a notice pursuant to 
        such clause, the Administrator shall (I) rescind the 
        finding for which the notice was given and promptly 
        notify the State of such rescission, or (II) promulgate 
        (with such modifications as he deems appropriate) such 
        variance revocations and revised schedules or other 
        requirements proposed in such notice as he deems 
        appropriate. Not later than 180 days after the date a 
        notice is given pursuant to clause (i) of this 
        subparagraph, the Administrator shall complete the 
        hearing on the notice and take the action required by 
        the preceding sentence.
          (iii) If a State is notified under clause (i) of this 
        subparagraph of a finding of the Administrator made 
        with respect to a variance granted a public water 
        system within that State or to a schedule or other 
        requirement for a variance and if, before a revocation 
        of such variance or a revision of such schedule or 
        other requirement promulgated by the Administrator 
        takes effect, the State takes corrective action with 
        respect to such variance or schedule or other 
        requirement which the Administrator determines makes 
        his finding inapplicable to such variance or schedule 
        or other requirement, the Administrator shall rescind 
        the application of his finding to that variance or 
        schedule or other requirement. No variance revocation 
        or revised schedule or other requirement may take 
        effect before the expiration of 90 days following the 
        date of the notice in which the revocation or revised 
        schedule or other requirement was proposed.
          (2) If a State does not have primary enforcement 
        responsibility for public water systems, the 
        Administrator shall have the same authority to grant 
        variances in such State as the State would have under 
        paragraph (1) if it had primary enforcement 
        responsibility.
          (3) The Administrator may grant a variance from any 
        treatment technique requirement of a national primary 
        drinking water regulation upon a showing by any person 
        that an alternative treatment technique not included in 
        such requirement is at least as efficient in lowering 
        the level of the contaminant with respect to which such 
        requirement was prescribed. A variance under this 
        paragraph shall be conditioned on the use of the 
        alternative treatment technique which is the basis of 
        the variance.
  (b) Any schedule or other requirement on which a variance 
granted under paragraph (1)(B) or (2) of subsection (a) is 
conditioned may be enforced under section 1414 as if such 
schedule or other requirement was part of a national primary 
drinking water regulation.
  (c) If an application for a variance under subsection (a) is 
made, the State receiving the application or the Administrator, 
as the case may be, shall act upon such application within a 
reasonable period (as determined under regulations prescribed 
by the Administrator) after the date of its submission.
  (d) For purposes of this section, the term ``treatment 
technique requirement'' means a requirement in a national 
primary drinking water regulation which specifies for a 
contaminant (in accordance with section 1401(1)(C)(ii)) each 
treatment technique known to the Administrator which leads to a 
reduction in the level of such contaminant sufficient to 
satisfy the requirements of section 1412(b).
  [(e) Small System Variances.--
          [(1) In general.--A State exercising primary 
        enforcement responsibility for public water systems 
        under section 1413 (or the Administrator in nonprimacy 
        States) may grant a variance under this subsection for 
        compliance with a requirement specifying a maximum 
        contaminant level or treatment technique contained in a 
        national primary drinking water regulation to--
                  [(A) public water systems serving 3,300 or 
                fewer persons; and
                  [(B) with the approval of the Administrator 
                pursuant to paragraph (9), public water systems 
                serving more than 3,300 persons but fewer than 
                10,000 persons,
        if the variance meets each requirement of this 
        subsection.
          [(2) Availability of variances.--A public water 
        system may receive a variance pursuant to paragraph 
        (1), if--
                  [(A) the Administrator has identified a 
                variance technology under section 1412(b)(15) 
                that is applicable to the size and source water 
                quality conditions of the public water system;
                  [(B) the public water system installs, 
                operates, and maintains, in accordance with 
                guidance or regulations issued by the 
                Administrator, such treatment technology, 
                treatment technique, or other means; and
                  [(C) the State in which the system is located 
                determines that the conditions of paragraph (3) 
                are met.
          [(3) Conditions for granting variances.--A variance 
        under this subsection shall be available only to a 
        system--
                  [(A) that cannot afford to comply, in 
                accordance with affordability criteria 
                established by the Administrator (or the State 
                in the case of a State that has primary 
                enforcement responsibility under section 1413), 
                with a national primary drinking water 
                regulation, including compliance through--
                          [(i) treatment;
                          [(ii) alternative source of water 
                        supply; or
                          [(iii) restructuring or consolidation 
                        (unless the Administrator (or the State 
                        in the case of a State that has primary 
                        enforcement responsibility under 
                        section 1413) makes a written 
                        determination that restructuring or 
                        consolidation is not practicable); and
                  [(B) for which the Administrator (or the 
                State in the case of a State that has primary 
                enforcement responsibility under section 1413) 
                determines that the terms of the variance 
                ensure adequate protection of human health, 
                considering the quality of the source water for 
                the system and the removal efficiencies and 
                expected useful life of the treatment 
                technology required by the variance.
          [(4) Compliance schedules.--A variance granted under 
        this subsection shall require compliance with the 
        conditions of the variance not later than 3 years after 
        the date on which the variance is granted, except that 
        the Administrator (or the State in the case of a State 
        that has primary enforcement responsibility under 
        section 1413) may allow up to 2 additional years to 
        comply with a variance technology, secure an 
        alternative source of water, restructure or consolidate 
        if the Administrator (or the State) determines that 
        additional time is necessary for capital improvements, 
        or to allow for financial assistance provided pursuant 
        to section 1452 or any other Federal or State program.
          [(5) Duration of variances.--The Administrator (or 
        the State in the case of a State that has primary 
        enforcement responsibility under section 1413) shall 
        review each variance granted under this subsection not 
        less often than every 5 years after the compliance date 
        established in the variance to determine whether the 
        system remains eligible for the variance and is 
        conforming to each condition of the variance.
          [(6) Ineligibility for variances.--A variance shall 
        not be available under this subsection for--
                  [(A) any maximum contaminant level or 
                treatment technique for a contaminant with 
                respect to which a national primary drinking 
                water regulation was promulgated prior to 
                January 1, 1986; or
                  [(B) a national primary drinking water 
                regulation for a microbial contaminant 
                (including a bacterium, virus, or other 
                organism) or an indicator or treatment 
                technique for a microbial contaminant.
          [(7) Regulations and guidance.--
                  [(A) In general.--Not later than 2 years 
                after the date of enactment of this subsection 
                and in consultation with the States, the 
                Administrator shall promulgate regulations for 
                variances to be granted under this subsection. 
                The regulations shall, at a minimum, specify--
                          [(i) procedures to be used by the 
                        Administrator or a State to grant or 
                        deny variances, including requirements 
                        for notifying the Administrator and 
                        consumers of the public water system 
                        that a variance is proposed to be 
                        granted (including information 
                        regarding the contaminant and variance) 
                        and requirements for a public hearing 
                        on the variance before the variance is 
                        granted;
                          [(ii) requirements for the 
                        installation and proper operation of 
                        variance technology that is identified 
                        (pursuant to section 1412(b)(15)) for 
                        small systems and the financial and 
                        technical capability to operate the 
                        treatment system, including operator 
                        training and certification;
                          [(iii) eligibility criteria for a 
                        variance for each national primary 
                        drinking water regulation, including 
                        requirements for the quality of the 
                        source water (pursuant to section 
                        1412(b)(15)(A)); and
                          [(iv) information requirements for 
                        variance applications.
                  [(B) Affordability criteria.--Not later than 
                18 months after the date of enactment of the 
                Safe Drinking Water Act Amendments of 1996, the 
                Administrator, in consultation with the States 
                and the Rural Utilities Service of the 
                Department of Agriculture, shall publish 
                information to assist the States in developing 
                affordability criteria. The affordability 
                criteria shall be reviewed by the States not 
                less often than every 5 years to determine if 
                changes are needed to the criteria.
          [(8) Review by the administrator.--
                  [(A) In general.--The Administrator shall 
                periodically review the program of each State 
                that has primary enforcement responsibility for 
                public water systems under section 1413 with 
                respect to variances to determine whether the 
                variances granted by the State comply with the 
                requirements of this subsection. With respect 
                to affordability, the determination of the 
                Administrator shall be limited to whether the 
                variances granted by the State comply with the 
                affordability criteria developed by the State.
                  [(B) Notice and publication.--If the 
                Administrator determines that variances granted 
                by a State are not in compliance with 
                affordability criteria developed by the State 
                and the requirements of this subsection, the 
                Administrator shall notify the State in writing 
                of the deficiencies and make public the 
                determination.
          [(9) Approval of variances.--A State proposing to 
        grant a variance under this subsection to a public 
        water system serving more than 3,300 and fewer than 
        10,000 persons shall submit the variance to the 
        Administrator for review and approval prior to the 
        issuance of the variance. The Administrator shall 
        approve the variance if it meets each of the 
        requirements of this subsection. The Administrator 
        shall approve or disapprove the variance within 90 
        days. If the Administrator disapproves a variance under 
        this paragraph, the Administrator shall notify the 
        State in writing of the reasons for disapproval and the 
        variance may be resubmitted with modifications to 
        address the objections stated by the Administrator.
          [(10) Objections to variances.--
                  [(A) By the administrator.--The Administrator 
                may review and object to any variance proposed 
                to be granted by a State, if the objection is 
                communicated to the State not later than 90 
                days after the State proposes to grant the 
                variance. If the Administrator objects to the 
                granting of a variance, the Administrator shall 
                notify the State in writing of each basis for 
                the objection and propose a modification to the 
                variance to resolve the concerns of the 
                Administrator. The State shall make the 
                recommended modification or respond in writing 
                to each objection. If the State issues the 
                variance without resolving the concerns of the 
                Administrator, the Administrator may overturn 
                the State decision to grant the variance if the 
                Administrator determines that the State 
                decision does not comply with this subsection.
                  [(B) Petition by consumers.--Not later than 
                30 days after a State exercising primary 
                enforcement responsibility for public water 
                systems under section 1413 proposes to grant a 
                variance for a public water system, any person 
                served by the system may petition the 
                Administrator to object to the granting of a 
                variance. The Administrator shall respond to 
                the petition and determine whether to object to 
                the variance under subparagraph (A) not later 
                than 60 days after the receipt of the petition.
                  [(C) Timing.--No variance shall be granted by 
                a State until the later of the following:
                          [(i) 90 days after the State proposes 
                        to grant a variance.
                          [(ii) If the Administrator objects to 
                        the variance, the date on which the 
                        State makes the recommended 
                        modifications or responds in writing to 
                        each objection.]

                               exemptions

  Sec. 1416. (a) A State which has primary enforcement 
responsibility may exempt any public water system within the 
State's jurisdiction from any requirement respecting a maximum 
contaminant level or any treatment technique requirement, or 
from both, of an applicable national primary drinking water 
regulation upon a finding that--
          (1) due to compelling factors (which may include 
        economic factors, including qualification of the public 
        water system as a system serving a disadvantaged 
        community pursuant to section 1452(d)), the public 
        water system is unable to comply with such contaminant 
        level or treatment technique requirement, or to 
        implement measures to develop an alternative source of 
        water supply,
          (2) the public water system was in operation on the 
        effective date of such contaminant level or treatment 
        technique requirement, a system that was not in 
        operation by that date, only if no reasonable 
        alternative source of drinking water is available to 
        such new system,
          (3) the granting of the exemption will not result in 
        an unreasonable risk to health; and
          (4) management or restructuring changes (or both) 
        cannot reasonably be made that will result in 
        compliance with this title or, if compliance cannot be 
        achieved, improve the quality of the drinking water.
  (b)(1) If a State grants a public water system an exemption 
under subsection (a), the State shall prescribe, at the time 
the exemption is granted, a schedule for--
          (A) compliance (including increments of progress or 
        measures to develop an alternative source of water 
        supply) by the public water system with each 
        contaminant level requirement or treatment technique 
        requirement with respect to which the exemption was 
        granted, and
          (B) implementation by the public water system of such 
        control measures as the State may require for each 
        contaminant, subject to such contaminant level 
        requirement or treatment technique requirement, during 
        the period ending on the date compliance with such 
        requirement is required.
Before a schedule prescribed by a State pursuant to this 
subsection may take effect, the State shall provide notice and 
opportunity for a public hearing on the schedule. A notice 
given pursuant to the preceding sentence may cover the 
prescribing of more than one such schedule and a hearing held 
pursuant to such notice shall include each of the schedules 
covered by the notice.
  (2)(A) A schedule prescribed pursuant to this subsection for 
a public water system granted an exemption under subsection (a) 
shall require compliance by the system with each contaminant 
level and treatment technique requirement with respect to which 
the exemption was granted as expeditiously as practicable (as 
the State may reasonably determine) but not later than 3 years 
after the otherwise applicable compliance date established in 
section 1412(b)(10).
  (B) No exemption shall be granted unless the public water 
system establishes that--
          (i) the system cannot meet the standard without 
        capital improvements which cannot be completed prior to 
        the date established pursuant to section 1412(b)(10);
          (ii) in the case of a system which needs financial 
        assistance for the necessary improvement, the system 
        has entered into an agreement to obtain such financial 
        assistance or assistance pursuant to section 1452, or 
        any other Federal or State program is reasonably likely 
        to be available within the period of the exemption; or
          (iii) the system has entered into an enforceable 
        agreement to become a part of a regional public water 
        system; and
the system is taking all practicable steps to meet the 
standard.
  (C) In the case of a system which does not serve more than a 
population of 3,300 and which needs financial assistance for 
the necessary improvements, an exemption granted under clause 
(i) or (ii) of subparagraph (B) may be renewed for one or more 
additional 2-year periods, but not to exceed a total of 6 
years, if the system establishes that it is taking all 
practicable steps to meet the requirements of subparagraph (B).
  [(D) Limitation.--A public water system may not receive an 
exemption under this section if the system was granted a 
variance under section 1415(e).]
  (3) Each public water system's exemption granted by a State 
under subsection (a) shall be conditioned by the State upon 
compliance by the public water system with the schedule 
prescribed by the State pursuant to this subsection. The 
requirements of each schedule prescribed by a State pursuant to 
this subsection shall be enforceable by the State under its 
laws. Any requirement of a schedule on which an exemption 
granted under this section is conditioned may be enforced under 
section 1414 as if such requirement was part of a national 
primary drinking water regulation.
  (4) Each schedule prescribed by a State pursuant to this 
subsection shall be deemed approved by the Administrator unless 
the exemption for which it was prescribed is revoked by the 
Administrator under subsection (d)(2) or the schedule is 
revised by the Administrator under such subsection.
  (c) Each State which grants an exemption under subsection (a) 
shall promptly notify the Administrator of the granting of such 
exemption. Such notification shall contain the reasons for the 
exemption (including the basis for the finding required by 
subsection (a)(3) before the exemption may be granted) and 
document the need for the exemption.
  (d)(1) Not later than 18 months after the effective date of 
the interim national primary drinking water regulations the 
Administrator shall complete a comprehensive review of the 
exemptions granted (and schedules prescribed pursuant thereto) 
by the States during the one-year period beginning on such 
effective date. The Administrator shall conduct such subsequent 
reviews of exemptions and schedules as he deems necessary to 
carry out the purposes of this title, but each subsequent 
review shall be completed within each 3-year period following 
the completion of the first review under this subparagraph. 
Before conducting any review under this subparagraph, the 
Administrator shall publish notice of the proposed review in 
the Federal Register. Such notice shall (A) provide information 
respecting the location of data and other information 
respecting the exemptions to be reviewed (including data and 
other information concerning new scientific matters bearing on 
such exemptions), and (B) advise of the opportunity to submit 
comments on the exemptions reviewed and on the need for 
continuing them. Upon completion of any such review, the 
Administrator shall publish in the Federal Register the results 
of his review together with findings responsive to comments 
submitted in connection with such review.
  (2)(A) If the Administrator finds that a State has, in a 
substantial number of instances, abused its discretion in 
granting exemptions under subsection (a) or failed to prescribe 
schedules in accordance with subsection (b), the Administrator 
shall notify the State of his finding. In determining if a 
State has abused its discretion in granting exemptions in a 
substantial number of instances, the Administrator shall 
consider the number of persons who are affected by the 
exemptions and if the requirements applicable to the granting 
of the exemptions were complied with. A notice under this 
subparagraph shall--
          (i) identify each exempt public water system with 
        respect to which the finding was made,
          (ii) specify the reasons for the finding, and
          (iii) as appropriate, propose revocations of specific 
        exemptions or propose revised schedules for specific 
        exempt public water systems, or both.
  (B) The Administrator shall provide reasonable notice and 
public hearing on the provisions of each notice given pursuant 
to subparagraph (A). After a hearing on a notice pursuant to 
subparagraph (A), the Administrator shall (i) rescind the 
finding for which the notice was given and promptly notify the 
State of such rescission, or (ii) promulgate (with such 
modifications as he deems appropriate) such exemption 
revocations and revised schedules proposed in such notice as he 
deems appropriate. Not later than 180 days after the date a 
notice is given pursuant to subparagraph (A), the Administrator 
shall complete the hearing on the notice and take the action 
required by the preceding sentence.
  (C) If a State is notified under subparagraph (A) of a 
finding of the Administrator made with respect to an exemption 
granted a public water system within that State or to a 
schedule prescribed pursuant to such an exemption and if before 
a revocation of such exemption or a revision of such schedule 
promulgated by the Administrator takes effect the State takes 
corrective action with respect to such exemption or schedule 
which the Administrator determines makes his finding 
inapplicable to such exemption or schedule, the Administrator 
shall rescind the application of his finding to that exemption 
or schedule. No exemption revocation or revised schedule may 
take effect before the expiration of 90 days following the date 
of the notice in which the revocation or revised schedule was 
proposed.
  (e) For purposes of this section, the term ``treatment 
technique requirement'' means a requirement in a national 
primary drinking water regulation which specifies for a 
contaminant (in accordance with section 1401(1)(C)(ii)) each 
treatment technique known to the Administrator which leads to a 
reduction in the level of such contaminant sufficient to 
satisfy the requirements of section 1412(b).
  (f) If a State does not have primary enforcement 
responsibility for public water systems, the Administrator 
shall have the same authority to exempt public water systems in 
such State from maximum contaminant level requirements and 
treatment technique requirements under the same conditions and 
in the same manner as the State would be authorized to grant 
exemptions under this section if it had primary enforcement 
responsibility.
  (g) If an application for an exemption under this section is 
made, the State receiving the application or the Administrator, 
as the case may be, shall act upon such application within a 
reasonable period (as determined under regulations prescribed 
by the Administrator) after the date of its submission.

           *       *       *       *       *       *       *


Part D--Emergency Powers

           *       *       *       *       *       *       *


SEC. 1433. COMMUNITY WATER SYSTEM RISK AND RESILIENCE.

  (a) Risk and Resilience Assessments.--
          (1) In general.--Each community water system serving 
        a population of greater than 3,300 persons shall 
        conduct an assessment of the risks to, and resilience 
        of, its system. Such an assessment--
                  (A) shall include an assessment of--
                          (i) the risk to the system from 
                        malevolent acts and natural hazards;
                          (ii) the resilience of the pipes and 
                        constructed conveyances, physical 
                        barriers, source water, water 
                        collection and intake, pretreatment, 
                        treatment, storage and distribution 
                        facilities, electronic, computer, or 
                        other automated systems (including the 
                        security of such systems) which are 
                        utilized by the system;
                          (iii) the monitoring practices of the 
                        system;
                          (iv) the financial infrastructure of 
                        the system;
                          (v) the use, storage, or handling of 
                        various chemicals by the system; and
                          (vi) the operation and maintenance of 
                        the system; and
                  (B) may include an evaluation of capital and 
                operational needs for risk and resilience 
                management for the system.
          (2) Baseline information.--The Administrator, not 
        later than August 1, 2019, after consultation with 
        appropriate departments and agencies of the Federal 
        Government and with State and local governments, shall 
        provide baseline information on malevolent acts of 
        relevance to community water systems, which shall 
        include consideration of acts that may--
                  (A) substantially disrupt the ability of the 
                system to provide a safe and reliable supply of 
                drinking water; or
                  (B) otherwise present significant public 
                health or economic concerns to the community 
                served by the system.
          (3) Certification.--
                  (A) Certification.--Each community water 
                system described in paragraph (1) shall submit 
                to the Administrator a certification that the 
                system has conducted an assessment complying 
                with paragraph (1). Such certification shall be 
                made prior to--
                          (i) March 31, 2020, in the case of 
                        systems serving a population of 100,000 
                        or more;
                          (ii) December 31, 2020, in the case 
                        of systems serving a population of 
                        50,000 or more but less than 100,000; 
                        and
                          (iii) June 30, 2021, in the case of 
                        systems serving a population greater 
                        than 3,300 but less than 50,000.
                  (B) Review and revision.--Each community 
                water system described in paragraph (1) shall 
                review the assessment of such system conducted 
                under such paragraph at least once every 5 
                years after the applicable deadline for 
                submission of its certification under 
                subparagraph (A) to determine whether such 
                assessment should be revised. Upon completion 
                of such a review, the community water system 
                shall submit to the Administrator a 
                certification that the system has reviewed its 
                assessment and, if applicable, revised such 
                assessment.
          (4) Contents of certifications.--A certification 
        required under paragraph (3) shall contain only--
                  (A) information that identifies the community 
                water system submitting the certification;
                  (B) the date of the certification; and
                  (C) a statement that the community water 
                system has conducted, reviewed, or revised the 
                assessment, as applicable.
          (5) Provision to other entities.--No community water 
        system shall be required under State or local law to 
        provide an assessment described in this section (or 
        revision thereof) to any State, regional, or local 
        governmental entity solely by reason of the requirement 
        set forth in paragraph (3) that the system submit a 
        certification to the Administrator.
  (b) Emergency Response Plan.--Each community water system 
serving a population greater than 3,300 shall prepare or 
revise, where necessary, an emergency response plan that 
incorporates findings of the assessment conducted under 
subsection (a) for such system (and any revisions thereto). 
Each community water system shall certify to the Administrator, 
as soon as reasonably possible after the date of enactment of 
America's Water Infrastructure Act of 2018, but not later than 
6 months after completion of the assessment under subsection 
(a), that the system has completed such plan. The emergency 
response plan shall include--
          (1) strategies and resources to improve the 
        resilience of the system, including the physical 
        security and cybersecurity of the system;
          (2) plans and procedures that can be implemented, and 
        identification of equipment that can be utilized, in 
        the event of a malevolent act or natural hazard that 
        threatens the ability of the community water system to 
        deliver safe drinking water;
          (3) actions, procedures, and equipment which can 
        obviate or significantly lessen the impact of a 
        malevolent act or natural hazard on the public health 
        and the safety and supply of drinking water provided to 
        communities and individuals, including the development 
        of alternative source water options, relocation of 
        water intakes, and construction of flood protection 
        barriers; and
          (4) strategies that can be used to aid in the 
        detection of malevolent acts or natural hazards that 
        threaten the security or resilience of the system.
  (c) Coordination.--Community water systems shall, to the 
extent possible, coordinate with existing local emergency 
planning committees established pursuant to the Emergency 
Planning and Community Right-To-Know Act of 1986 (42 U.S.C. 
11001 et seq.) when preparing or revising an assessment or 
emergency response plan under this section.
  (d) Record Maintenance.--Each community water system shall 
maintain a copy of the assessment conducted under subsection 
(a) and the emergency response plan prepared under subsection 
(b) (including any revised assessment or plan) for 5 years 
after the date on which a certification of such assessment or 
plan is submitted to the Administrator under this section.
  (e) Guidance to Small Public Water Systems.--The 
Administrator shall provide guidance and technical assistance 
to community water systems serving a population of less than 
3,300 persons on how to conduct resilience assessments, prepare 
emergency response plans, and address threats from malevolent 
acts and natural hazards that threaten to disrupt the provision 
of safe drinking water or significantly affect the public 
health or significantly affect the safety or supply of drinking 
water provided to communities and individuals.
  (f) Alternative Preparedness and Operational Resilience 
Programs.--
          (1) Satisfaction of requirement.--A community water 
        system that is required to comply with the requirements 
        of subsections (a) and (b) may satisfy such 
        requirements by--
                  (A) using and complying with technical 
                standards that the Administrator has recognized 
                under paragraph (2); and
                  (B) submitting to the Administrator a 
                certification that the community water system 
                is complying with subparagraph (A).
          (2) Authority to recognize.--Consistent with section 
        12(d) of the National Technology Transfer and 
        Advancement Act of 1995, the Administrator shall 
        recognize technical standards that are developed or 
        adopted by third-party organizations or voluntary 
        consensus standards bodies that carry out the 
        objectives or activities required by this section as a 
        means of satisfying the requirements under subsection 
        (a) or (b).
  (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] through 2031 to owners or 
        operators of community water systems for the purpose of 
        increasing the resilience of such community water 
        systems.
          (2) Use of funds.--As a condition on receipt of a 
        grant under this section, an owner or operator of a 
        community water system shall agree to use the grant 
        funds exclusively to assist in the planning, design, 
        construction, or implementation of a program or project 
        consistent with an emergency response plan prepared 
        pursuant to subsection (b), which may include--
                  (A) the purchase and installation of 
                equipment for detection of drinking water 
                contaminants or malevolent acts;
                  (B) the purchase and installation of fencing, 
                gating, lighting, or security cameras;
                  (C) the tamper-proofing of manhole covers, 
                fire hydrants, and valve boxes;
                  (D) the purchase and installation of improved 
                treatment technologies and equipment to improve 
                the resilience of the system;
                  (E) improvements to electronic, computer, 
                financial, or other automated systems and 
                remote systems;
                  (F) participation in training programs, and 
                the purchase of training manuals and guidance 
                materials, relating to security and resilience;
                  (G) improvements in the use, storage, or 
                handling of chemicals by the community water 
                system;
                  (H) security screening of employees or 
                contractor support services;
                  (I) equipment necessary to support emergency 
                power or water supply, including standby and 
                mobile sources; and
                  (J) the development of alternative source 
                water options, relocation of water intakes, and 
                construction of flood protection barriers.
          (3) Exclusions.--A grant under this subsection may 
        not be used for personnel costs, or for monitoring, 
        operation, or maintenance of facilities, equipment, or 
        systems.
          (4) Technical assistance.--For each fiscal year, the 
        Administrator may use not more than $5,000,000 from the 
        funds made available to carry out this subsection to 
        provide technical assistance to community water systems 
        to assist in responding to and alleviating a 
        vulnerability that would substantially disrupt the 
        ability of the system to provide a safe and reliable 
        supply of drinking water (including sources of water 
        for such systems) which the Administrator determines to 
        present an immediate and urgent need.
          (5) Grants for small 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, 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] 50,000,000 for each of 
        fiscal years [2020 and 2021] 2022 through 2031.
  (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

           *       *       *       *       *       *       *


                       grants for state programs

  Sec. 1443. (a)(1) From allotments made pursuant to paragraph 
(4), the Administrator may make grants to States to carry out 
public water system supervision programs.
  (2) No grant may be made under paragraph (1) unless an 
application therefor has been submitted to the Administrator in 
such form and manner as he may require. The Administrator may 
not approve an application of a State for its first grant under 
paragraph (1) unless he determines that the State--
          (A) has established or will establish within one year 
        from the date of such grant a public water system 
        supervision program, and
          (B) will, within that one year, assume primary 
        enforcement responsibility for public water systems 
        within the State.
No grant may be made to a State under paragraph (1) for any 
period beginning more than one year after the date of the 
State's first grant unless the State has assumed and maintains 
primary enforcement responsibility for public water systems 
within the State. The prohibitions contained in the preceding 
two sentences shall not apply to such grants when made to 
Indian Tribes.
  (3) A grant under paragraph (1) shall be made to cover not 
more than 75 per centum of the grant recipient's costs (as 
determined under regulations of the Administrator) in carrying 
out, during the one-year period beginning on the date the grant 
is made, a public water system supervision program.
  (4) In each fiscal year the Administrator shall, in 
accordance with regulations, allot the sums appropriated for 
such year under paragraph (5) among the States on the basis of 
population, geographical area, number of public water systems, 
and other relevant factors. No State shall receive less than 1 
per centum of the annual appropriation for grants under 
paragraph (1): Provided, That the Administrator may, by 
regulation, reduce such percentage in accordance with the 
criteria specified in this paragraph: And provided further, 
That such percentage shall not apply to grants allotted to 
Guam, American Samoa, or the Virgin Islands.
  (5) The prohibition contained in the last sentence of 
paragraph (2) may be waived by the Administrator with respect 
to a grant to a State through fiscal year 1979 but such 
prohibition may only be waived if, in the judgment of the 
Administrator--
          (A) the State is making a diligent effort to assume 
        and maintain primary enforcement responsibility for 
        public water systems within the State;
          (B) the State has made significant progress toward 
        assuming and maintaining such primary enforcement 
        responsibility; and
          (C) there is reason to believe the State will assume 
        such primary enforcement responsibility by October 1, 
        1979.
The amount of any grant awarded for the fiscal years 1978 and 
1979 pursuant to a waiver under this paragraph may not exceed 
75 per centum of the allotment which the State would have 
received for such fiscal year if it had assumed and maintained 
such primary enforcement responsibility. The remaining 25 per 
centum of the amount allotted to such State for such fiscal 
year shall be retained by the Administrator, and the 
Administrator may award such amount to such State at such time 
as the State assumes such responsibility before the beginning 
of fiscal year 1980. At the beginning of each fiscal years 1979 
and 1980 the amounts retained by the Administrator for any 
preceding fiscal year and not awarded by the beginning of 
fiscal year 1979 or 1980 to the States to which such amounts 
were originally allotted may be removed from the original 
allotment and reallotted for fiscal year 1979 or 1980 (as the 
case may be) to States which have assumed primary enforcement 
responsibility by the beginning of such fiscal year.
  (6) The Administrator shall notify the State of the approval 
or disapproval of any application for a grant under this 
section--
          (A) within ninety days after receipt of such 
        application, or
          (B) not later than the first day of the fiscal year 
        for which the grant application is made, whichever is 
        later.
          (7) Authorization.--For the purpose of making grants 
        under paragraph (1), there are authorized to be 
        appropriated $125,000,000 for each of fiscal years 2020 
        [and 2021] through 2031.
          (8) Reservation of funds by the administrator.--If 
        the Administrator assumes the primary enforcement 
        responsibility of a State public water system 
        supervision program, the Administrator may reserve from 
        funds made available pursuant to this subsection an 
        amount equal to the amount that would otherwise have 
        been provided to the State pursuant to this subsection. 
        The Administrator shall use the funds reserved pursuant 
        to this paragraph to ensure the full and effective 
        administration of a public water system supervision 
        program in the State.
          (9) State loan funds.--
                  (A) Reservation of funds.--For any fiscal 
                year for which the amount made available to the 
                Administrator by appropriations to carry out 
                this subsection is less than the amount that 
                the Administrator determines is necessary to 
                supplement funds made available pursuant to 
                paragraph (8) to ensure the full and effective 
                administration of a public water system 
                supervision program in a State, the 
                Administrator may reserve from the funds made 
                available to the State under section 1452 
                (relating to State loan funds) an amount that 
                is equal to the amount of the shortfall. This 
                paragraph shall not apply to any State not 
                exercising primary enforcement responsibility 
                for public water systems as of the date of 
                enactment of the Safe Drinking Water Act 
                Amendments of 1996.
                  (B) Duty of administrator.--If the 
                Administrator reserves funds from the 
                allocation of a State under subparagraph (A), 
                the Administrator shall carry out in the State 
                each of the activities that would be required 
                of the State if the State had primary 
                enforcement authority under section 1413.
  (b)(1) From allotments made pursuant to paragraph (4), the 
Administrator may make grants to States to carry out 
underground water source protection programs.
  (2) No grant may be made under paragraph (1) unless an 
application therefor has been submitted to the Administrator in 
such form and manner as he may require. No grant may be made to 
any State under paragraph (1) unless the State has assumed 
primary enforcement responsibility within two years after the 
date the Administrator promulgates regulations for State 
underground injection control programs under section 1421. The 
prohibition contained in the preceding sentence shall not apply 
to such grants when made to Indian Tribes.
  (3) A grant under paragraph (1) shall be made to cover not 
more than 75 per centum of the grant recipient's costs (as 
determined under regulations of the Administrator) in carrying 
out, during the one-year period beginning on the date the grant 
is made, an underground water source protection program.
  (4) In each fiscal year the Administrator shall, in 
accordance with regulations, allot the sums appropriated for 
such year under paragraph (5) among the States on the basis of 
population, geographical area, and other relevant factors.
  (5) For purposes of making grants under paragraph (1) there 
are authorized to be appropriated $5,000,000 for the fiscal 
year ending June 30, 1976, $7,500,000 for the fiscal year 
ending June 30, 1977, $10,000,000 for each of the fiscal years 
1978 and 1979, $7,795,000 for the fiscal year ending September 
30, 1980, $18,000,000 for the fiscal year ending September 30, 
1981, and $21,000,000 for the fiscal year ending September 30, 
1982. For the purpose of making grants under paragraph (1) 
there are authorized to be appropriated not more than the 
following amounts:

Fiscal year:
                                                                 Amount 
    1987................................................   $19,700,000  
    1988................................................    19,700,000  
    1989................................................    20,850,000  
    1990................................................    20,850,000  
    1991................................................    20,850,000  
    1992-2003...........................................     15,000,000.

  (c) For purposes of this section:
          (1) The term ``public water system supervision 
        program'' means a program for the adoption and 
        enforcement of drinking water regulations (with such 
        variances and exemptions from such regulations under 
        conditions and in a manner which is not less stringent 
        than the conditions under, and the manner in, which 
        variances and exemptions may be granted under sections 
        1415 and 1416) which are no less stringent than the 
        national primary drinking water regulations under 
        section 1412, and for keeping records and making 
        reports required by section 1413(a)(3).
          (2) The term ``underground water source protection 
        program'' means a program for the adoption and 
        enforcement of a program which meets the requirements 
        of regulations under section 1421 and for keeping 
        records and making reports required by section 
        1422(b)(1)(A)(ii). Such term includes, where 
        applicable, a program which meets the requirements of 
        section 1425.
  (d) New York City Watershed Protection Program.--
          (1) In general.--The Administrator is authorized to 
        provide financial assistance to the State of New York 
        for demonstration projects implemented as part of the 
        watershed program for the protection and enhancement of 
        the quality of source waters of the New York City water 
        supply system, including projects that demonstrate, 
        assess, or provide for comprehensive monitoring and 
        surveillance and projects necessary to comply with the 
        criteria for avoiding filtration contained in 40 CFR 
        141.71. Demonstration projects which shall be eligible 
        for financial assistance shall be certified to the 
        Administrator by the State of New York as satisfying 
        the purposes of this subsection. In certifying projects 
        to the Administrator, the State of New York shall give 
        priority to monitoring projects that have undergone 
        peer review.
          (2) Report.--Not later than 5 years after the date on 
        which the Administrator first provides assistance 
        pursuant to this paragraph, the Governor of the State 
        of New York shall submit a report to the Administrator 
        on the results of projects assisted.
          (3) Matching requirements.--Federal assistance 
        provided under this subsection shall not exceed 50 
        percent of the total cost of the protection program 
        being carried out for any particular watershed or 
        ground water recharge area.
          (4) Authorization.--There are authorized to be 
        appropriated to the Administrator to carry out this 
        subsection for each of fiscal years 2003 through 2010, 
        $15,000,000 for the purpose of providing assistance to 
        the State of New York to carry out paragraph (1).
          * * * * * * *

                        records and inspections

  Sec. 1445. (a)(1)(A) Every person who is subject to any 
requirement of this title or who is a grantee, shall establish 
and maintain such records, make such reports, conduct such 
monitoring, and provide such information as the Administrator 
may reasonably require by regulation to assist the 
Administrator in establishing regulations under this title, in 
determining whether such person has acted or is acting in 
compliance with this title, in administering any program of 
financial assistance under this title, in evaluating the health 
risks of unregulated contaminants, or in advising the public of 
such risks. In requiring a public water system to monitor under 
this subsection, the Administrator may take into consideration 
the system size and the contaminants likely to be found in the 
system's drinking water.
  (B) Every person who is subject to a national primary 
drinking water regulation under section 1412 shall provide such 
information as the Administrator may reasonably require, after 
consultation with the State in which such person is located if 
such State has primary enforcement responsibility for public 
water systems, on a case-by-case basis, to determine whether 
such person has acted or is acting in compliance with this 
title.
  (C) Every person who is subject to a national primary 
drinking water regulation under section 1412 shall provide such 
information as the Administrator may reasonably require to 
assist the Administrator in establishing regulations under 
section 1412 of this title, after consultation with States and 
suppliers of water. The Administrator may not require under 
this subparagraph the installation of treatment equipment or 
process changes, the testing of treatment technology, or the 
analysis or processing of monitoring samples, except where the 
Administrator provides the funding for such activities. Before 
exercising this authority, the Administrator shall first seek 
to obtain the information by voluntary submission.
  (D) The Administrator shall not later than 2 years after the 
date of enactment of this subparagraph, after consultation with 
public health experts, representatives of the general public, 
and officials of State and local governments, review the 
monitoring requirements for not fewer than 12 contaminants 
identified by the Administrator, and promulgate any necessary 
modifications.
          (2) Monitoring program for unregulated 
        contaminants.--
                  (A) Establishment.--The Administrator shall 
                promulgate regulations establishing the 
                criteria for a monitoring program for 
                unregulated contaminants. The regulations shall 
                require monitoring of drinking water supplied 
                by public water systems and shall vary the 
                frequency and schedule for monitoring 
                requirements for systems based on the number of 
                persons served by the system, the source of 
                supply, and the contaminants likely to be 
                found, ensuring that only a representative 
                sample of systems serving 10,000 persons or 
                fewer are required to monitor.
                  (B) Monitoring program for certain 
                unregulated contaminants.--
                          (i) Initial list.--Not later than 3 
                        years after the date of enactment of 
                        the Safe Drinking Water Act Amendments 
                        of 1996 and every 5 years thereafter, 
                        the Administrator shall issue a list 
                        pursuant to subparagraph (A) of not 
                        more than 30 unregulated contaminants 
                        to be monitored by public water systems 
                        and to be included in the national 
                        drinking water occurrence data base 
                        maintained pursuant to subsection (g).
                          (ii) Governors' petition.--The 
                        Administrator shall include among the 
                        list of contaminants for which 
                        monitoring is required under this 
                        paragraph each contaminant recommended 
                        in a petition signed by the Governor of 
                        each of 7 or more States, unless the 
                        Administrator determines that the 
                        action would prevent the listing of 
                        other contaminants of a higher public 
                        health concern.
                  (C) Monitoring plan for small and medium 
                systems.--
                          (i) In general.--Based on the 
                        regulations promulgated by the 
                        Administrator, each State may develop a 
                        representative monitoring plan to 
                        assess the occurrence of unregulated 
                        contaminants in public water systems 
                        that serve a population of 10,000 or 
                        fewer in that State. The plan shall 
                        require monitoring for systems 
                        representative of different sizes, 
                        types, and geographic locations in the 
                        State.
                          (ii) Grants for small system costs.--
                        From funds reserved under section 
                        1452(o) or appropriated under 
                        subparagraph (H), the Administrator 
                        shall pay the reasonable cost of such 
                        testing and laboratory analysis as are 
                        necessary to carry out monitoring under 
                        the plan.
                  (D) Monitoring results.--Each public water 
                system that conducts monitoring of unregulated 
                contaminants pursuant to this paragraph shall 
                provide the results of the monitoring to the 
                primary enforcement authority for the system.
                  (E) Notification.--Notification of the 
                availability of the results of monitoring 
                programs required under paragraph (2)(A) shall 
                be given to the persons served by the system.
                  (F) Waiver of monitoring requirement.--The 
                Administrator shall waive the requirement for 
                monitoring for a contaminant under this 
                paragraph in a State, if the State demonstrates 
                that the criteria for listing the contaminant 
                do not apply in that State.
                  (G) Analytical methods.--The State may use 
                screening methods approved by the Administrator 
                under subsection (i) in lieu of monitoring for 
                particular contaminants under this paragraph.
                  (H) Authorization of appropriations.--There 
                are authorized to be appropriated to carry out 
                this paragraph $10,000,000 for each of the 
                fiscal years 2019 through 2021.
  (b)(1) Except as provided in paragraph (2), the 
Administrator, or representatives of the Administrator duly 
designated by him, upon presenting appropriate credentials and 
a written notice to any supplier of water or other person 
subject to (A) a national primary drinking water regulation 
prescribed under section 1412, (B) an applicable underground 
injection control program, or (C) any requirement to monitor an 
unregulated contaminant pursuant to subsection (a), or person 
in charge of any of the property of such supplier or other 
person referred to in clause (A), (B), or (C), is authorized to 
enter any establishment, facility, or other property of such 
supplier or other person in order to determine whether such 
supplier or other person has acted or is acting in compliance 
with this title, including for this purpose, inspection, at 
reasonable times, of records, files, papers, processes, 
controls, and facilities, or in order to test any feature of a 
public water system, including its raw water source. The 
Administrator or the Comptroller General (or any representative 
designated by either) shall have access for the purpose of 
audit and examination to any records, reports, or information 
of a grantee which are required to be maintained under 
subsection (a) or which are pertinent to any financial 
assistance under this title.
  (2) No entry may be made under the first sentence of 
paragraph (1) in an establishment, facility, or other property 
of a supplier of water or other person subject to a national 
primary drinking water regulation if the establishment, 
facility, or other property is located in a State which has 
primary enforcement responsibility for public water systems 
unless, before written notice of such entry is made, the 
Administrator (or his representative) notifies the State agency 
charged with responsibility for safe drinking water of the 
reasons for such entry. The Administrator shall, upon a showing 
by the State agency that such an entry will be detrimental to 
the administration of the State's program of primary 
enforcement responsibility, take such showing into 
consideration in determining whether to make such entry. No 
State agency which receives notice under this paragraph of an 
entry proposed to be made under paragraph (1) may use the 
information contained in the notice to inform the person whose 
property is proposed to be entered of the proposed entry; and 
if a State agency so uses such information, notice to the 
agency under this paragraph is not required until such time as 
the Administrator determines the agency has provided him 
satisfactory assurances that it will no longer so use 
information contained in a notice under this paragraph.
  (c) Whoever fails or refuses to comply with any requirement 
of subsection (a) or to allow the Administrator, the 
Comptroller General, or representatives of either, to enter and 
conduct any audit or inspection authorized by subsection (b) 
shall be subject to a civil penalty of not to exceed $25,000.
  (d)(1) Subject to paragraph (2), upon a showing satisfactory 
to the Administrator by any person that any information 
required under this section from such person, if made public, 
would divulge trade secrets or secret processes of such person, 
the Administrator shall consider such information confidential 
in accordance with the purposes of section 1905 of title 18 of 
the United States Code. If the applicant fails to make a 
showing satisfactory to the Administrator, the Administrator 
shall give such applicant thirty days' notice before releasing 
the information to which the application relates (unless the 
public health or safety requires an earlier release of such 
information).
  (2) Any information required under this section (A) may be 
disclosed to other officers, employees, or authorized 
representatives of the United States concerned with carrying 
out this title or to committees of the Congress, or when 
relevant in any proceeding under this title, and (B) shall be 
disclosed to the extent it deals with the level of contaminants 
in drinking water. For purposes of this subsection the term 
``information required under this section'' means any papers, 
books, documents, or information, or any particular part 
thereof, reported to or otherwise obtained by the Administrator 
under this section.
  (e) For purposes of this section, (1) the term ``grantee'' 
means any person who applies for or receives financial 
assistance, by grant, contract, or loan guarantee under this 
title, and (2) the term ``person'' includes a Federal agency.
  (f) Information Regarding Drinking Water Coolers.--The 
Administrator may utilize the authorities of this section for 
purposes of part F. Any person who manufactures, imports, 
sells, or distributes drinking water coolers in interstate 
commerce shall be treated as a supplier of water for purposes 
of applying the provisions of this section in the case of 
persons subject to part F.
  (g) Occurrence Data Base.--
          (1) In general.--Not later than 3 years after the 
        date of enactment of the Safe Drinking Water Act 
        Amendments of 1996, the Administrator shall assemble 
        and maintain a national drinking water contaminant 
        occurrence data base, using information on the 
        occurrence of both regulated and unregulated 
        contaminants in public water systems obtained under 
        subsection (a)(1)(A) or subsection (a)(2) and reliable 
        information from other public and private sources.
          (2) Public input.--In establishing the occurrence 
        data base, the Administrator shall solicit 
        recommendations from the Science Advisory Board, the 
        States, and other interested parties concerning the 
        development and maintenance of a national drinking 
        water contaminant occurrence data base, including such 
        issues as the structure and design of the data base, 
        data input parameters and requirements, and the use and 
        interpretation of data.
          (3) Use.--The data shall be used by the Administrator 
        in making determinations under section 1412(b)(1) with 
        respect to the occurrence of a contaminant in drinking 
        water at a level of public health concern.
          (4) Public recommendations.--The Administrator shall 
        periodically solicit recommendations from the 
        appropriate officials of the National Academy of 
        Sciences and the States, and any person may submit 
        recommendations to the Administrator, with respect to 
        contaminants that should be included in the national 
        drinking water contaminant occurrence data base, 
        including recommendations with respect to additional 
        unregulated contaminants that should be listed under 
        subsection (a)(2). Any recommendation submitted under 
        this clause shall be accompanied by reasonable 
        documentation that--
                  (A) the contaminant occurs or is likely to 
                occur in drinking water; and
                  (B) the contaminant poses a risk to public 
                health.
          (5) Public availability.--The information from the 
        data base shall be available to the public in readily 
        accessible form.
          (6) Regulated contaminants.--With respect to each 
        contaminant for which a national primary drinking water 
        regulation has been established, the data base shall 
        include information on the detection of the contaminant 
        at a quantifiable level in public water systems 
        (including detection of the contaminant at levels not 
        constituting a violation of the maximum contaminant 
        level for the contaminant).
          (7) Unregulated contaminants.--With respect to 
        contaminants for which a national primary drinking 
        water regulation has not been established, the data 
        base shall include--
                  (A) monitoring information collected by 
                public water systems that serve a population of 
                more than 10,000, as required by the 
                Administrator under subsection (a);
                  (B) monitoring information collected from a 
                representative sampling of public water systems 
                that serve a population of 10,000 or fewer;
                  (C) if applicable, monitoring information 
                collected by public water systems pursuant to 
                subsection (j) that is not duplicative of 
                monitoring information included in the data 
                base under subparagraph (B) or (D); and
                  (D) other reliable and appropriate monitoring 
                information on the occurrence of the 
                contaminants in public water systems that is 
                available to the Administrator.
  (h) Availability of Information on Small System 
Technologies.--For purposes of [sections 1412(b)(4)(E) and 
1415(e) (relating to small system variance program)] section 
1412(b)(4)(E), the Administrator may request information on the 
characteristics of commercially available treatment systems and 
technologies, including the effectiveness and performance of 
the systems and technologies under various operating 
conditions. The Administrator may specify the form, content, 
and submission date of information to be submitted by 
manufacturers, States, and other interested persons for the 
purpose of considering the systems and technologies in the 
development of regulations or [guidance under sections 
1412(b)(4)(E) and 1415(e)] guidance under section 
1412(b)(4)(E).
  (i) Screening Methods.--The Administrator shall review new 
analytical methods to screen for regulated contaminants and may 
approve such methods as are more accurate or cost-effective 
than established reference methods for use in compliance 
monitoring.
  (j) Monitoring by Certain Systems.--
          (1) In general.--Notwithstanding subsection 
        (a)(2)(A), the Administrator shall, subject to the 
        availability of appropriations for such purpose--
                  (A) require public water systems serving 
                between 3,300 and 10,000 persons to monitor for 
                unregulated contaminants in accordance with 
                this section; and
                  (B) ensure that only a representative sample 
                of public water systems serving fewer than 
                3,300 persons are required to monitor.
          (2) Effective date.--Paragraph (1) shall take effect 
        3 years after the date of enactment of this subsection.
          (3) Limitation.--Paragraph (1) shall take effect 
        unless the Administrator determines that there is not 
        sufficient laboratory capacity to accommodate the 
        analysis necessary to carry out monitoring required 
        under such paragraph.
          (4) Limitation on enforcement.--The Administrator may 
        not enforce a requirement to monitor pursuant to 
        paragraph (1) with respect to any public water system 
        serving fewer than 3,300 persons, including by 
        subjecting such a public water system to any civil 
        penalty.
          (5) Authorization of appropriations.--There are 
        authorized to be appropriated $15,000,000 in each 
        fiscal year for which monitoring is required to be 
        carried out under this subsection for the Administrator 
        to pay the reasonable cost of such testing and 
        laboratory analysis as are necessary to carry out 
        monitoring required under this subsection.
          * * * * * * *

                       state revolving loan funds

  Sec. 1452. (a) General Authority.--
          (1) Grants to states to establish state loan funds.--
                  (A) In general.--The Administrator shall 
                offer to enter into agreements with eligible 
                States to make capitalization grants, including 
                letters of credit, to the States under this 
                subsection to further the health protection 
                objectives of this title, promote the efficient 
                use of fund resources, and for other purposes 
                as are specified in this title.
                  (B) Establishment of fund.--To be eligible to 
                receive a capitalization grant under this 
                section, a State shall establish a drinking 
                water treatment revolving loan fund (referred 
                to in this section as a ``State loan fund'') 
                and comply with the other requirements of this 
                section. Each grant to a State under this 
                section shall be deposited in the State loan 
                fund established by the State, except as 
                otherwise provided in this section and in other 
                provisions of this title. No funds authorized 
                by other provisions of this title to be used 
                for other purposes specified in this title 
                shall be deposited in any State loan fund.
                  (C) Extended period.--The grant to a State 
                shall be available to the State for obligation 
                during the fiscal year for which the funds are 
                authorized and during the following fiscal 
                year, except that grants made available from 
                funds provided prior to fiscal year 1997 shall 
                be available for obligation during each of the 
                fiscal years 1997 and 1998.
                  (D) Allotment formula.--Except as otherwise 
                provided in this section, funds made available 
                to carry out this section shall be allotted to 
                States that have entered into an agreement 
                pursuant to this section (other than the 
                District of Columbia) in accordance with--
                          (i) for each of fiscal years 1995 
                        through 1997, a formula that is the 
                        same as the formula used to distribute 
                        public water system supervision grant 
                        funds under section 1443 in fiscal year 
                        1995, except that the minimum 
                        proportionate share established in the 
                        formula shall be 1 percent of available 
                        funds and the formula shall be adjusted 
                        to include a minimum proportionate 
                        share for the State of Wyoming and the 
                        District of Columbia; and
                          (ii) for fiscal year 1998 and each 
                        subsequent fiscal year, a formula that 
                        allocates to each State the 
                        proportional share of the State needs 
                        identified in the most recent survey 
                        conducted pursuant to subsection (h), 
                        except that the minimum proportionate 
                        share provided to each State shall be 
                        the same as the minimum proportionate 
                        share provided under clause (i).
                  (E) Reallotment.--The grants not obligated by 
                the last day of the period for which the grants 
                are available shall be reallotted according to 
                the appropriate criteria set forth in 
                subparagraph (D), except that the Administrator 
                may reserve and allocate 10 percent of the 
                remaining amount for financial assistance to 
                Indian Tribes in addition to the amount 
                allotted under subsection (i) and none of the 
                funds reallotted by the Administrator shall be 
                reallotted to any State that has not obligated 
                all sums allotted to the State pursuant to this 
                section during the period in which the sums 
                were available for obligation.
                  (F) Nonprimacy states.--The State allotment 
                for a State not exercising primary enforcement 
                responsibility for public water systems shall 
                not be deposited in any such fund but shall be 
                allotted by the Administrator under this 
                subparagraph. Pursuant to section 1443(a)(9)(A) 
                such sums allotted under this subparagraph 
                shall be reserved as needed by the 
                Administrator to exercise primary enforcement 
                responsibility under this title in such State 
                and the remainder shall be reallotted to States 
                exercising primary enforcement responsibility 
                for public water systems for deposit in such 
                funds. Whenever the Administrator makes a final 
                determination pursuant to section 1413(b) that 
                the requirements of section 1413(a) are no 
                longer being met by a State, additional grants 
                for such State under this title shall be 
                immediately terminated by the Administrator. 
                This subparagraph shall not apply to any State 
                not exercising primary enforcement 
                responsibility for public water systems as of 
                the date of enactment of the Safe Drinking 
                Water Act Amendments of 1996.
                  (G) Other programs.--
                          (i) New system capacity.--Beginning 
                        in fiscal year 1999, the Administrator 
                        shall withhold 20 percent of each 
                        capitalization grant made pursuant to 
                        this section to a State unless the 
                        State has met the requirements of 
                        section 1420(a) (relating to capacity 
                        development) and shall withhold 10 
                        percent for fiscal year 2001, 15 
                        percent for fiscal year 2002, and 20 
                        percent for fiscal year 2003 if the 
                        State has not complied with the 
                        provisions of section 1420(c) (relating 
                        to capacity development strategies). 
                        Not more than a total of 20 percent of 
                        the capitalization grants made to a 
                        State in any fiscal year may be 
                        withheld under the preceding provisions 
                        of this clause. All funds withheld by 
                        the Administrator pursuant to this 
                        clause shall be reallotted by the 
                        Administrator on the basis of the same 
                        ratio as is applicable to funds 
                        allotted under subparagraph (D). None 
                        of the funds reallotted by the 
                        Administrator pursuant to this 
                        paragraph shall be allotted to a State 
                        unless the State has met the 
                        requirements of section 1420 (relating 
                        to capacity development).
                          (ii) Operator certification.--The 
                        Administrator shall withhold 20 percent 
                        of each capitalization grant made 
                        pursuant to this section unless the 
                        State has met the requirements of 1419 
                        (relating to operator certification). 
                        All funds withheld by the Administrator 
                        pursuant to this clause shall be 
                        reallotted by the Administrator on the 
                        basis of the same ratio as applicable 
                        to funds allotted under subparagraph 
                        (D). None of the funds reallotted by 
                        the Administrator pursuant to this 
                        paragraph shall be allotted to a State 
                        unless the State has met the 
                        requirements of section 1419 (relating 
                        to operator certification).
          (2) Use of funds.--
                  (A) In general.--Except as otherwise 
                authorized by this title, amounts deposited in 
                a State loan fund, including loan repayments 
                and interest earned on such amounts, shall be 
                used only for providing loans or loan 
                guarantees, or as a source of reserve and 
                security for leveraged loans, the proceeds of 
                which are deposited in a State loan fund 
                established under paragraph (1), or other 
                financial assistance authorized under this 
                section to community water systems and 
                nonprofit noncommunity water systems, other 
                than systems owned by Federal agencies.
                  (B) Limitation.--Financial assistance under 
                this section may be used by a public water 
                system only for expenditures (including 
                expenditures for planning, design, siting, and 
                associated preconstruction activities, or for 
                replacing or rehabilitating aging treatment, 
                storage, or distribution facilities of public 
                water systems, but not including monitoring, 
                operation, and maintenance expenditures) of a 
                type or category which the Administrator has 
                determined, through guidance, will facilitate 
                compliance with national primary drinking water 
                regulations applicable to the system under 
                section 1412 or otherwise significantly further 
                the health protection objectives of this title.
                  (C) Sale of bonds.--Funds may also be used by 
                a public water system as a source of revenue 
                (restricted solely to interest earnings of the 
                applicable State loan fund) or security for 
                payment of the principal and interest on 
                revenue or general obligation bonds issued by 
                the State to provide matching funds under 
                subsection (e), if the proceeds of the sale of 
                the bonds will be deposited in the State loan 
                fund.
                  (D) Water treatment loans.--The funds under 
                this section may also be used to provide loans 
                to a system referred to in section 1401(4)(B) 
                for the purpose of providing the treatment 
                described in section 1401(4)(B)(i)(III).
                  (E) Acquisition of real property.--The funds 
                under this section shall not be used for the 
                acquisition of real property or interests 
                therein, unless the acquisition is integral to 
                a project authorized by this paragraph and the 
                purchase is from a willing seller.
                  (F) Loan assistance.--Of the amount credited 
                to any State loan fund established under this 
                section in any fiscal year, 15 percent shall be 
                available solely for providing loan assistance 
                to public water systems which regularly serve 
                fewer than 10,000 persons to the extent such 
                funds can be obligated for eligible projects of 
                public water systems.
                  (G) Emerging contaminants.--
                          (i) In general.--Notwithstanding any 
                        other provision of law and subject to 
                        clause (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) Requirements.--
                                  (I) Small and disadvantaged 
                                communities.--Not less than 25 
                                percent of the amounts 
                                described in clause (i) shall 
                                be used to provide grants to--
                                          (aa) disadvantaged 
                                        communities (as defined 
                                        in subsection (d)(3)); 
                                        or
                                          (bb) public water 
                                        systems serving fewer 
                                        than 25,000 persons.
                                  (II) Priorities.--In 
                                selecting the recipient of a 
                                grant using amounts described 
                                in clause (i), a State shall 
                                use the priorities described in 
                                subsection (b)(3)(A).
                          (iii) No increased bonding 
                        authority.--The amounts deposited in 
                        the State loan fund of a State under 
                        subsection (t) may not be used as a 
                        source of payment of, or security for 
                        (directly or indirectly), in whole or 
                        in part, any obligation the interest on 
                        which is exempt from the tax imposed 
                        under chapter 1 of the Internal Revenue 
                        Code of 1986.
          (3) Limitation.--
                  (A) In general.--Except as provided in 
                subparagraph (B), no assistance under this 
                section shall be provided to a public water 
                system that--
                          (i) does not have the technical, 
                        managerial, and financial capability to 
                        ensure compliance with the requirements 
                        of this title; or
                          (ii) is in significant noncompliance 
                        with any requirement of a national 
                        primary drinking water regulation or 
                        variance.
                  (B) Restructuring.--A public water system 
                described in subparagraph (A) may receive 
                assistance under this section if--
                          (i) the use of the assistance will 
                        ensure compliance; and
                          (ii) if subparagraph (A)(i) applies 
                        to the system, the owner or operator of 
                        the system agrees to undertake feasible 
                        and appropriate changes in operations 
                        (including ownership, management, 
                        accounting, rates, maintenance, 
                        consolidation, alternative water 
                        supply, or other procedures) if the 
                        State determines that the measures are 
                        necessary to ensure that the system has 
                        the technical, managerial, and 
                        financial capability to comply with the 
                        requirements of this title over the 
                        long term.
                  (C) Review.--Prior to providing assistance 
                under this section to a public water system 
                that is in significant noncompliance with any 
                requirement of a national primary drinking 
                water regulation or variance, the State shall 
                conduct a review to determine whether 
                subparagraph (A)(i) applies to the system.
          (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.
                  (B) Definition of iron and steel products.--
                In this paragraph, the term ``iron and steel 
                products'' means the following products made 
                primarily of iron or steel:
                          (i) Lined or unlined pipes and 
                        fittings.
                          (ii) Manhole covers and other 
                        municipal castings.
                          (iii) Hydrants.
                          (iv) Tanks.
                          (v) Flanges.
                          (vi) Pipe clamps and restraints.
                          (vii) Valves.
                          (viii) Structural steel.
                          (ix) Reinforced precast concrete.
                          (x) Construction materials.
                  (C) Application.--Subparagraph (A) shall be 
                waived in any case or category of cases in 
                which the Administrator finds that--
                          (i) applying subparagraph (A) would 
                        be inconsistent with the public 
                        interest;
                          (ii) iron and steel products are not 
                        produced in the United States in 
                        sufficient and reasonably available 
                        quantities and of a satisfactory 
                        quality; or
                          (iii) inclusion of iron and steel 
                        products produced in the United States 
                        will increase the cost of the overall 
                        project by more than 25 percent.
                  (D) Waiver.--If the Administrator receives a 
                request for a waiver under this paragraph, the 
                Administrator shall make available to the 
                public, on an informal basis, a copy of the 
                request and information available to the 
                Administrator concerning the request, and shall 
                allow for informal public input on the request 
                for at least 15 days prior to making a finding 
                based on the request. The Administrator shall 
                make the request and accompanying information 
                available by electronic means, including on the 
                official public Internet site of the Agency.
                  (E) International agreements.--This paragraph 
                shall be applied in a manner consistent with 
                United States obligations under international 
                agreements.
                  (F) Management and oversight.--The 
                Administrator may retain up to 0.25 percent of 
                the funds appropriated for this section for 
                management and oversight of the requirements of 
                this paragraph.
                  (G) Effective date.--This paragraph does not 
                apply with respect to a project if a State 
                agency approves the engineering plans and 
                specifications for the project, in that 
                agency's capacity to approve such plans and 
                specifications prior to a project requesting 
                bids, prior to the date of enactment of this 
                paragraph.
          (5) Prevailing wages.--The requirements of section 
        1450(e) shall apply to any construction project carried 
        out in whole or in part with assistance made available 
        by a State loan fund.
  (b) Intended Use Plans.--
          (1) In general.--After providing for public review 
        and comment, each State that has entered into a 
        capitalization agreement pursuant to this section shall 
        annually prepare a plan that identifies the intended 
        uses of the amounts available to the State loan fund of 
        the State.
          (2) Contents.--An intended use plan shall include--
                  (A) a list of the projects to be assisted in 
                the first fiscal year that begins after the 
                date of the plan, including a description of 
                the project, the expected terms of financial 
                assistance, and the size of the community 
                served;
                  (B) the criteria and methods established for 
                the distribution of funds; and
                  (C) a description of the financial status of 
                the State loan fund and the short-term and 
                long-term goals of the State loan fund.
          (3) Use of funds.--
                  (A) In general.--An intended use plan shall 
                provide, to the maximum extent practicable, 
                that priority for the use of funds be given to 
                projects that--
                          (i) address the most serious risk to 
                        human health;
                          (ii) are necessary to ensure 
                        compliance with the requirements of 
                        this title (including requirements for 
                        filtration); and
                          (iii) assist systems most in need on 
                        a per household basis according to 
                        State affordability criteria.
                  (B) List of projects.--Each State shall, 
                after notice and opportunity for public 
                comment, publish and periodically update a list 
                of projects in the State that are eligible for 
                assistance under this section, including the 
                priority assigned to each project and, to the 
                extent known, the expected funding schedule for 
                each project.
  (c) Fund Management.--Each State loan fund under this section 
shall be established, maintained, and credited with repayments 
and interest. The fund corpus shall be available in perpetuity 
for providing financial assistance under this section. To the 
extent amounts in the fund are not required for current 
obligation or expenditure, such amounts shall be invested in 
interest bearing obligations.
  (d) Assistance for Disadvantaged Communities.--
          (1) Loan subsidy.--Notwithstanding any other 
        provision of this section, in any case in which the 
        State makes a loan pursuant to subsection (a)(2) to a 
        disadvantaged community or to a community that the 
        State expects to become a disadvantaged community as 
        the result of a proposed project, the State may provide 
        additional subsidization (including forgiveness of 
        principal).
          (2) Total amount of subsidies.--For each fiscal year, 
        of the amount of the capitalization grant received by 
        the State for the year, the total amount of loan 
        subsidies made by a State pursuant to paragraph (1)--
                  (A) may not exceed [35 percent] 40 percent; 
                and
                  (B) to the extent that there are sufficient 
                applications for loans to communities described 
                in paragraph (1), may not be less than 6 
                percent.
          (3) Definition of disadvantaged community.--In this 
        subsection, the term ``disadvantaged community'' means 
        the service area of a public water system that meets 
        affordability criteria established after public review 
        and comment by the State in which the public water 
        system is located. The Administrator may publish 
        information to assist States in establishing 
        affordability criteria.
  (e) State Contribution.--Each agreement under subsection (a) 
shall require that the State deposit in the State loan fund 
from State moneys an amount equal to at least 20 percent of the 
total amount of the grant to be made to the State on or before 
the date on which the grant payment is made to the State, 
except that a State shall not be required to deposit such 
amount into the fund prior to the date on which each grant 
payment is made for fiscal years 1994, 1995, 1996, and 1997 if 
the State deposits the State contribution amount into the State 
loan fund prior to September 30, 1999.
  (f) Types of Assistance.--Except as otherwise limited by 
State law, the amounts deposited into a State loan fund under 
this section may be used only--
          (1) to make loans, on the condition that--
                  (A) the interest rate for each loan is less 
                than or equal to the market interest rate, 
                including an interest free loan;
                  (B) principal and interest payments on each 
                loan will commence not later than 18 months 
                after completion of the project for which the 
                loan was made;
                  (C) each loan will be fully amortized not 
                later than 30 years after the completion of the 
                project, except that in the case of a 
                disadvantaged community (as defined in 
                subsection (d)(3)) a State may provide an 
                extended term for a loan, if the extended 
                term--
                          (i) terminates not later than the 
                        date that is 40 years after the date of 
                        project completion; and
                          (ii) does not exceed the expected 
                        design life of the project;
                  (D) the recipient of each loan will establish 
                a dedicated source of revenue (or, in the case 
                of a privately owned system, demonstrate that 
                there is adequate security) for the repayment 
                of the loan; and
                  (E) the State loan fund will be credited with 
                all payments of principal and interest on each 
                loan;
          (2) to buy or refinance the debt obligation of a 
        municipality or an intermunicipal or interstate agency 
        within the State at an interest rate that is less than 
        or equal to the market interest rate in any case in 
        which a debt obligation is incurred after July 1, 1993;
          (3) to guarantee, or purchase insurance for, a local 
        obligation (all of the proceeds of which finance a 
        project eligible for assistance under this section) if 
        the guarantee or purchase would improve credit market 
        access or reduce the interest rate applicable to the 
        obligation;
          (4) as a source of revenue or security for the 
        payment of principal and interest on revenue or general 
        obligation bonds issued by the State if the proceeds of 
        the sale of the bonds will be deposited into the State 
        loan fund; and
          (5) to earn interest on the amounts deposited into 
        the State loan fund.
  (g) Administration of State Loan Funds.--
          (1) Combined financial administration.--
        Notwithstanding subsection (c), a State may (as a 
        convenience and to avoid unnecessary administrative 
        costs) combine, in accordance with State law, the 
        financial administration of a State loan fund 
        established under this section with the financial 
        administration of any other revolving fund established 
        by the State if otherwise not prohibited by the law 
        under which the State loan fund was established and if 
        the Administrator determines that--
                  (A) the grants under this section, together 
                with loan repayments and interest, will be 
                separately accounted for and used solely for 
                the purposes specified in subsection (a); and
                  (B) the authority to establish assistance 
                priorities and carry out oversight and related 
                activities (other than financial 
                administration) with respect to assistance 
                remains with the State agency having primary 
                responsibility for administration of the State 
                program under section 1413, after consultation 
                with other appropriate State agencies (as 
                determined by the State): Provided, That in 
                nonprimacy States eligible to receive 
                assistance under this section, the Governor 
                shall determine which State agency will have 
                authority to establish priorities for financial 
                assistance from the State loan fund.
          (2) Cost of administering fund.--
                  (A) Authorization.--
                          (i) In general.--For each fiscal 
                        year, a State may use the amount 
                        described in clause (ii)--
                                  (I) to cover the reasonable 
                                costs of administration of the 
                                programs under this section, 
                                including the recovery of 
                                reasonable costs expended to 
                                establish a State loan fund 
                                that are incurred after the 
                                date of enactment of this 
                                section; and
                                  (II) to provide technical 
                                assistance to public water 
                                systems within the State.
                          (ii) Description of amount.--The 
                        amount referred to in clause (i) is an 
                        amount equal to the sum of--
                                  (I) the amount of any fees 
                                collected by the State for use 
                                in accordance with clause 
                                (i)(I), regardless of the 
                                source; and
                                  (II) the greatest of--
                                          (aa) $400,000;
                                          (bb) \1/5\ percent of 
                                        the current valuation 
                                        of the fund; and
                                          (cc) an amount equal 
                                        to 4 percent of all 
                                        grant awards to the 
                                        fund under this section 
                                        for the fiscal year.
                  (B) Additional use of funds.--For fiscal year 
                1995 and each fiscal year thereafter, each 
                State may use up to an additional 10 percent of 
                the funds allotted to the State under this 
                section--
                          (i) for public water system 
                        supervision programs under section 
                        1443(a);
                          (ii) to administer or provide 
                        technical assistance through source 
                        water protection programs;
                          (iii) to develop and implement a 
                        capacity development strategy under 
                        section 1420(c); and
                          (iv) for an operator certification 
                        program for purposes of meeting the 
                        requirements of section 1419.
                  (C) Technical assistance.--An additional 2 
                percent of the funds annually allotted to each 
                State under this section may be used by the 
                State to provide technical assistance to public 
                water systems serving 10,000 or fewer persons 
                in the State.
                  (D) Enforcement actions.--Funds used under 
                subparagraph (B)(ii) shall not be used for 
                enforcement actions.
          (3) Guidance and regulations.--The Administrator 
        shall publish guidance and promulgate regulations as 
        may be necessary to carry out the provisions of this 
        section, including--
                  (A) provisions to ensure that each State 
                commits and expends funds allotted to the State 
                under this section as efficiently as possible 
                in accordance with this title and applicable 
                State laws;
                  (B) guidance to prevent waste, fraud, and 
                abuse; and
                  (C) guidance to avoid the use of funds made 
                available under this section to finance the 
                expansion of any public water system in 
                anticipation of future population growth.
        The guidance and regulations shall also ensure that the 
        States, and public water systems receiving assistance 
        under this section, use accounting, audit, and fiscal 
        procedures that conform to generally accepted 
        accounting standards.
          (4) State report.--Each State administering a loan 
        fund and assistance program under this subsection shall 
        publish and submit to the Administrator a report every 
        2 years on its activities under this section, including 
        the findings of the most recent audit of the fund and 
        the entire State allotment. The Administrator shall 
        periodically audit all State loan funds established by, 
        and all other amounts allotted to, the States pursuant 
        to this section in accordance with procedures 
        established by the Comptroller General.
  (h) Needs Survey.--(1) The Administrator shall conduct an 
assessment of water system capital improvement needs of all 
eligible public water systems in the United States and submit a 
report to the Congress containing the results of the assessment 
within 180 days after the date of enactment of the Safe 
Drinking Water Act Amendments of 1996 and every 4 years 
thereafter.
  (2) Any assessment conducted under paragraph (1) after the 
date of enactment of America's Water Infrastructure Act of 2018 
shall include an assessment of costs to replace all lead 
service lines (as defined in section 1459B(a)(4)) of all 
eligible public water systems in the United States, and such 
assessment shall describe separately the costs associated with 
replacing the portions of such lead service lines that are 
owned by an eligible public water system and the costs 
associated with replacing any remaining portions of such lead 
service lines, to the extent practicable.
  (i) Indian Tribes.--
          (1) In general.--1\1/2\ percent of the amounts 
        appropriated annually to carry out this section may be 
        used by the Administrator to make grants to Indian 
        Tribes, Alaska Native villages, and, for the purpose of 
        carrying out paragraph (5), intertribal consortia or 
        tribal organizations, that have not otherwise received 
        either grants from the Administrator under this section 
        or assistance from State loan funds established under 
        this section. Except as otherwise provided, the grants 
        may only be used for expenditures by tribes and 
        villages for public water system expenditures referred 
        to in subsection (a)(2).
          (2) Use of funds.--Funds reserved pursuant to 
        paragraph (1) shall be used to address the most 
        significant threats to public health associated with 
        public water systems that serve Indian Tribes, as 
        determined by the Administrator in consultation with 
        the Director of the Indian Health Service and Indian 
        Tribes.
          (3) Alaska native villages.--In the case of a grant 
        for a project under this subsection in an Alaska Native 
        village, the Administrator is also authorized to make 
        grants to the State of Alaska for the benefit of Native 
        villages. An amount not to exceed 4 percent of the 
        grant amount may be used by the State of Alaska for 
        project management.
          (4) Needs assessment.--The Administrator, in 
        consultation with the Director of the Indian Health 
        Service and Indian Tribes, shall, in accordance with a 
        schedule that is consistent with the needs surveys 
        conducted pursuant to subsection (h), prepare surveys 
        and assess the needs of drinking water treatment 
        facilities to serve Indian Tribes, including an 
        evaluation of the public water systems that pose the 
        most significant threats to public health.
          (5) Training and operator certification.--
                  (A) In general.--The Administrator may use 
                funds made available under this subsection and 
                section 1442(e)(7) to make grants to 
                intertribal consortia or tribal organizations 
                for the purpose of providing operations and 
                maintenance training and operator certification 
                services to Indian Tribes to enable public 
                water systems that serve Indian Tribes to 
                achieve and maintain compliance with applicable 
                national primary drinking water regulations.
                  (B) Eligible tribal organizations.--
                Intertribal consortia or tribal organizations 
                eligible for a grant under subparagraph (A) are 
                intertribal consortia or tribal organizations 
                that--
                          (i) as determined by the 
                        Administrator, are the most qualified 
                        and experienced to provide training and 
                        technical assistance to Indian Tribes; 
                        and
                          (ii) the Indian Tribes find to be the 
                        most beneficial and effective.
  (j) Other Areas.--Of the funds annually available under this 
section for grants to States, the Administrator shall make 
allotments in accordance with section 1443(a)(4) for the Virgin 
Islands, the Commonwealth of the Northern Mariana Islands, 
American Samoa, and Guam. The grants allotted as provided in 
this subsection may be provided by the Administrator to the 
governments of such areas, to public water systems in such 
areas, or to both, to be used for the public water system 
expenditures referred to in subsection (a)(2). The grants, and 
grants for the District of Columbia, shall not be deposited in 
State loan funds. The total allotment of grants under this 
section for all areas described in this subsection in any 
fiscal year shall not exceed [0.33 percent] 1.5 percent of the 
aggregate amount made available to carry out this section in 
that fiscal year.
  (k) Other Authorized Activities.--
          (1) In general.--Notwithstanding subsection (a)(2), a 
        State may take each of the following actions:
                  (A) Provide assistance, only in the form of a 
                loan, to one or more of the following:
                          (i) Any public water system described 
                        in subsection (a)(2) to acquire land or 
                        a conservation easement from a willing 
                        seller or grantor, if the purpose of 
                        the acquisition is to protect the 
                        source water of the system from 
                        contamination and to ensure compliance 
                        with national primary drinking water 
                        regulations.
                          (ii) Any community water system to 
                        implement local, voluntary source water 
                        protection measures to protect source 
                        water in areas delineated pursuant to 
                        section 1453, in order to facilitate 
                        compliance with national primary 
                        drinking water regulations applicable 
                        to the system under section 1412 or 
                        otherwise significantly further the 
                        health protection objectives of this 
                        title. Funds authorized under this 
                        clause may be used to fund only 
                        voluntary, incentive-based mechanisms.
                          (iii) Any community water system to 
                        provide funding in accordance with 
                        section 1454(a)(1)(B)(i).
                  (B) Provide assistance, including technical 
                and financial assistance, to any public water 
                system as part of a capacity development 
                strategy developed and implemented in 
                accordance with section 1420(c).
                  (C) Make expenditures from the capitalization 
                grant of the State to delineate, assess, and 
                update assessments for source water protection 
                areas in accordance with section 1453, except 
                that funds set aside for such expenditure shall 
                be obligated within 4 fiscal years.
                  (D) Make expenditures from the fund for the 
                establishment and implementation of wellhead 
                protection programs under section 1428 and for 
                the implementation of efforts (other than 
                actions authorized under subparagraph (A)) to 
                protect source water in areas delineated 
                pursuant to section 1453.
          (2) Limitation.--For each fiscal year, the total 
        amount of assistance provided and expenditures made by 
        a State under this subsection may not exceed 15 percent 
        of the amount of the capitalization grant received by 
        the State for that year and may not exceed 10 percent 
        of that amount for any one of the following activities:
                  (A) To acquire land or conservation easements 
                pursuant to paragraph (1)(A)(i).
                  (B) To provide funding to implement 
                voluntary, incentive-based source water quality 
                protection measures pursuant to clauses (ii) 
                and (iii) of paragraph (1)(A).
                  (C) To provide assistance through a capacity 
                development strategy pursuant to paragraph 
                (1)(B).
                  (D) To make expenditures to delineate or 
                assess source water protection areas pursuant 
                to paragraph (1)(C).
                  (E) To make expenditures to establish and 
                implement wellhead protection programs, and to 
                implement efforts to protect source water, 
                pursuant to paragraph (1)(D).
          (3) Statutory construction.--Nothing in this section 
        creates or conveys any new authority to a State, 
        political subdivision of a State, or community water 
        system for any new regulatory measure, or limits any 
        authority of a State, political subdivision of a State 
        or community water system.
  (l) Savings.--The failure or inability of any public water 
system to receive funds under this section or any other loan or 
grant program, or any delay in obtaining the funds, shall not 
alter the obligation of the system to comply in a timely manner 
with all applicable drinking water standards and requirements 
of this title.
  (m) Authorization of Appropriations.--
          (1) There are authorized to be appropriated to carry 
        out the purposes of this section, except for 
        subsections [(a)(2)(G) and (t)] (a)(2)(G), (t), and 
        (u)--
                  (A) $1,174,000,000 for fiscal year 2019;
                  (B) $1,300,000,000 for fiscal year 2020; 
                [and]
                  (C) $1,950,000,000 for fiscal year [2021.] 
                2021;
                  (D) $4,140,000,000 for fiscal year 2022;
                  (E) $4,800,000,000 for fiscal year 2023; and
                  (F) $5,500,000,000 for each of fiscal years 
                2024 through 2031.
          (2) To the extent amounts authorized to be 
        appropriated under this subsection in any fiscal year 
        are not appropriated in that fiscal year, such amounts 
        are authorized to be appropriated in a subsequent 
        fiscal year. Such sums shall remain available until 
        expended.
  (n) Health Effects Studies.--From funds appropriated pursuant 
to this section for each fiscal year, the Administrator shall 
reserve $10,000,000 for health effects studies on drinking 
water contaminants authorized by the Safe Drinking Water Act 
Amendments of 1996. In allocating funds made available under 
this subsection, the Administrator shall give priority to 
studies concerning the health effects of cryptosporidium (as 
authorized by section 1458(c)), disinfection byproducts (as 
authorized by section 1458(c)), and arsenic (as authorized by 
section 1412(b)(12)(A)), and the implementation of a plan for 
studies of subpopulations at greater risk of adverse effects 
(as authorized by section 1458(a)).
  (o) Monitoring for Unregulated Contaminants.--From funds 
appropriated pursuant to this section for each fiscal year 
beginning with fiscal year 1998, the Administrator shall 
reserve $2,000,000 to pay the costs of monitoring for 
unregulated contaminants under section 1445(a)(2)(C).
  (p) Demonstration Project for State of Virginia.--
Notwithstanding the other provisions of this section limiting 
the use of funds deposited in a State loan fund from any State 
allotment, the State of Virginia may, as a single demonstration 
and with the approval of the Virginia General Assembly and the 
Administrator, conduct a program to demonstrate alternative 
approaches to intergovernmental coordination to assist in the 
financing of new drinking water facilities in the following 
rural communities in southwestern Virginia where none exists on 
the date of enactment of the Safe Drinking Water Act Amendments 
of 1996 and where such communities are experiencing economic 
hardship: Lee County, Wise County, Scott County, Dickenson 
County, Russell County, Buchanan County, Tazewell County, and 
the city of Norton, Virginia. The funds allotted to that State 
and deposited in the State loan fund may be loaned to a 
regional endowment fund for the purpose set forth in this 
subsection under a plan to be approved by the Administrator. 
The plan may include an advisory group that includes 
representatives of such counties.
  (q) Small System Technical Assistance.--The Administrator may 
reserve up to 2 percent of the total funds made available to 
carry out this section for each of fiscal years 2016 through 
2021 to carry out the provisions of section 1442(e) (relating 
to technical assistance for small systems), except that the 
total amount of funds made available for such purpose in any 
fiscal year through appropriations (as authorized by section 
1442(e)) and reservations made pursuant to this subsection 
shall not exceed the amount authorized by section 1442(e).
  (r) Evaluation.--The Administrator shall conduct an 
evaluation of the effectiveness of the State loan funds through 
fiscal year 2001. The evaluation shall be submitted to the 
Congress at the same time as the President submits to the 
Congress, pursuant to section 1108 of title 31, United States 
Code, an appropriations request for fiscal year 2003 relating 
to the budget of the Environmental Protection Agency.
  (s) Best Practices for State Loan Fund Administration.--The 
Administrator shall--
          (1) collect information from States on administration 
        of State loan funds established pursuant to subsection 
        (a)(1), including--
                  (A) efforts to streamline the process for 
                applying for assistance through such State loan 
                funds;
                  (B) programs in place to assist with the 
                completion of applications for assistance 
                through such State loan funds;
                  (C) incentives provided to public water 
                systems that partner with small public water 
                systems to assist with the application process 
                for assistance through such State loan funds;
                  (D) practices to ensure that amounts in such 
                State loan funds are used to provide loans, 
                loan guarantees, or other authorized assistance 
                in a timely fashion;
                  (E) practices that support effective 
                management of such State loan funds;
                  (F) practices and tools to enhance financial 
                management of such State loan funds; and
                  (G) key financial measures for use in 
                evaluating State loan fund operations, 
                including--
                          (i) measures of lending capacity, 
                        such as current assets and current 
                        liabilities or undisbursed loan 
                        assistance liability; and
                          (ii) measures of growth or 
                        sustainability, such as return on net 
                        interest;
          (2) not later than 3 years after the date of 
        enactment of America's Water Infrastructure Act of 
        2018, disseminate to the States best practices for 
        administration of such State loan funds, based on the 
        information collected pursuant to this subsection; and
          (3) periodically update such best practices, as 
        appropriate.
  (t) Emerging Contaminants.--
          (1) In general.--Amounts made available under this 
        subsection shall be allotted to a State as if allotted 
        under subsection (a)(1)(D) as a capitalization grant, 
        for deposit into the State loan fund of the State, for 
        the purposes described in subsection (a)(2)(G).
          (2) Authorization of appropriations.--There is 
        authorized to be appropriated to carry out this 
        subsection $100,000,000 for each of fiscal years 2020 
        through 2024, to remain available until expended.
  (u) Lead Service Line Replacement.--
          (1) In general.--In addition to the capitalization 
        grants to eligible States under subsection (a)(1), the 
        Administrator shall offer to enter into agreements with 
        States, Indian Tribes, and the territories described in 
        subsection (j) to make grants, including letters of 
        credit, to such States, Indian Tribes, and territories 
        under this subsection to fund the replacement of lead 
        service lines.
          (2) Allotments.--
                  (A) States.--Funds made available to carry 
                out this subsection shall be--
                          (i) allotted and reallotted to the 
                        extent practicable to States as if 
                        allotted or reallotted under subsection 
                        (a)(1) as a capitalization grant under 
                        such subsection; and
                          (ii) deposited into the State loan 
                        fund of a State receiving such funds 
                        pursuant to an agreement entered into 
                        pursuant to this subsection.
                  (B) Indian tribes.--The Administrator shall 
                set aside 1\1/2\ percent of the amounts made 
                available each fiscal year to carry out this 
                subsection to make grants to Indian Tribes.
                  (C) Other areas.--Funds made available to 
                carry out this subsection shall be allotted to 
                territories described in subsection (j) in 
                accordance with such subsection.
          (3) Grants.--Notwithstanding any other provision of 
        this section, funds made available under this 
        subsection shall be used only for providing grants for 
        the replacement of lead service lines.
          (4) Priority.--Each State, Indian Tribe, and 
        territory that has entered into an agreement pursuant 
        to this subsection shall annually prepare a plan that 
        identifies the intended uses of the amounts made 
        available to such State, Indian Tribe, or territory 
        under this subsection, and any such plan shall--
                  (A) not be required to comply with subsection 
                (b)(3); and
                  (B) provide, to the maximum extent 
                practicable, that priority for the use of funds 
                be given to projects that replace lead service 
                lines serving disadvantaged communities and 
                environmental justice communities.
          (5) Plan for replacement.--Each State, Indian Tribe, 
        and territory that has entered into an agreement 
        pursuant to this subsection shall require each 
        recipient of funds made available pursuant to this 
        subsection to submit to the State, Indian Tribe, or 
        territory a plan to replace all lead service lines in 
        the applicable public water system within 10 years of 
        receiving such funds.
          (6) American made iron and steel and prevailing 
        wages.--The requirements of paragraphs (4) and (5) of 
        subsection (a) shall apply to any project carried out 
        in whole or in part with funds made available under or 
        pursuant to this subsection.
          (7) Limitation.--
                  (A) Prohibition on partial line 
                replacement.--No funds made available pursuant 
                to this subsection may be used for partial lead 
                service line replacement if, at the conclusion 
                of the service line replacement, drinking water 
                is delivered through a publicly or privately 
                owned portion of a lead service line.
                  (B) No private owner contribution.--Any 
                recipient of funds made available pursuant to 
                this subsection for lead service line 
                replacement shall offer to replace any 
                privately owned portion of any lead service 
                line with respect to which such funds are used 
                at no cost to the private owner.
          (8) Disadvantaged community assistance.--All funds 
        made available pursuant to this subsection to fund the 
        replacement of lead service lines may be used to 
        replace lead service lines serving disadvantaged 
        communities.
          (9) State contribution not required.--No agreement 
        entered into pursuant to paragraph (1) shall require 
        that a State deposit, at any time, in the applicable 
        State loan fund from State moneys any contribution in 
        order to receive funds under this subsection.
          (10) Authorization of appropriations.--
                  (A) In general.--There are authorized to be 
                appropriated to carry out this subsection 
                $4,500,000,000 for each of fiscal years 2022 
                through 2031. Such sums shall remain available 
                until expended.
                  (B) Additional amounts.--To the extent 
                amounts authorized to be appropriated under 
                this subsection in any fiscal year are not 
                appropriated in that fiscal year, such amounts 
                are authorized to be appropriated in a 
                subsequent fiscal year. Such sums shall remain 
                available until expended.
          (11) Definitions.--For purposes of this subsection:
                  (A) Disadvantaged community.--The term 
                ``disadvantaged community'' has the meaning 
                given such term in subsection (d)(3).
                  (B) Environmental justice community.--The 
                term ``environmental justice community'' means 
                any population of color, community of color, 
                indigenous community, or low-income community 
                that experiences a disproportionate burden of 
                the negative human health and environmental 
                impacts of pollution or other environmental 
                hazards.
                  (C) Lead service line.--The term ``lead 
                service line'' means a pipe and its fittings, 
                which are not lead free (as defined in section 
                1417(d)), that connect the drinking water main 
                to the building inlet.

           *       *       *       *       *       *       *


                         assistance to colonias

  Sec. 1456. (a) Definitions.--As used in this section:
          (1) Border state.--The term ``border State'' means 
        Arizona, California, New Mexico, and Texas.
          (2) Covered entity.--The term ``covered entity'' 
        means each of the following:
                  (A) A border State.
                  (B) A local government with jurisdiction over 
                an eligible community.
          [(2)] (3) Eligible community.--The term ``eligible 
        community'' means a low-income community with economic 
        hardship that--
                  (A) is commonly referred to as a colonia;
                  (B) is located along the United States-Mexico 
                border (generally in an unincorporated area); 
                and
                  (C) lacks a safe drinking water supply or 
                adequate facilities for the provision of safe 
                drinking water for human consumption.
  (b) Grants To Alleviate Health Risks.--The Administrator of 
the Environmental Protection Agency and the heads of other 
appropriate Federal agencies are authorized to award grants to 
a [border State] covered entity to provide assistance to 
eligible communities to facilitate compliance with national 
primary drinking water regulations or otherwise significantly 
further the health protection objectives of this title.
  (c) Use of Funds.--Each grant awarded pursuant to subsection 
(b) shall be used to provide assistance to one or more eligible 
communities with respect to which the residents are subject to 
a significant health risk (as determined by the Administrator 
or the head of the Federal agency making the grant) 
attributable to the lack of access to an adequate and 
affordable drinking water supply system.
  (d) Cost Sharing.--The amount of a grant awarded pursuant to 
this section [shall not exceed 50 percent] may not be less than 
80 percent of the costs of carrying out the project that is the 
subject of the grant.
  (e) Authorization of Appropriations.--There are authorized to 
be appropriated to carry out this section [$25,000,000] 
$100,000,000 for each of the fiscal years [1997 through 1999] 
2022 through 2026.

           *       *       *       *       *       *       *


SEC. 1459E. ASSISTANCE FOR COMMUNITY WATER SYSTEMS AFFECTED BY PFAS.

  (a) Establishment.--Not later than 180 days after the date of 
enactment of this section, the Administrator shall establish a 
program to award grants to affected community water systems to 
pay for capital costs associated with the implementation of 
eligible treatment technologies.
  (b) Applications.--
          (1) Guidance.--Not later than 12 months after the 
        date of enactment of this section, the Administrator 
        shall publish guidance describing the form and timing 
        for community water systems to apply for grants under 
        this section.
          (2) Required information.--The Administrator shall 
        require a community water system applying for a grant 
        under this section to submit--
                  (A) information showing the presence of a 
                perfluoroalkyl or polyfluoroalkyl substance in 
                water of the community water system; and
                  (B) a certification that the treatment 
                technology in use by the community water system 
                at the time of application is not sufficient to 
                meet all applicable standards, and all 
                applicable health advisories published pursuant 
                to section 1412(b)(1)(F), for perfluoroalkyl 
                and polyfluoroalkyl substances.
  (c) List of Eligible Treatment Technologies.--Not later than 
150 days after the date of enactment of this section, and every 
2 years thereafter, the Administrator shall publish a list of 
treatment technologies that the Administrator determines are 
the most effective at removing perfluoroalkyl and 
polyfluoroalkyl substances from drinking water.
  (d) Priority for Funding.--In awarding grants under this 
section, the Administrator shall prioritize an affected 
community water system that--
          (1) serves a disadvantaged community;
          (2) will provide at least a 10-percent cost share for 
        the cost of implementing an eligible treatment 
        technology;
          (3) demonstrates the capacity to maintain the 
        eligible treatment technology to be implemented using 
        the grant; or
          (4) is located within an area with respect to which 
        the Administrator has published a determination under 
        the first sentence of section 1424(e) relating to an 
        aquifer that is the sole or principal drinking water 
        source for the area.
  (e) Authorization of Appropriations.--
          (1) In general.--There is authorized to be 
        appropriated to carry out this section $500,000,000 for 
        each of the fiscal years 2022 through 2031.
          (2) Special rule.--Of the amounts authorized to be 
        appropriated by paragraph (1), $25,000,000 are 
        authorized to be appropriated for each of fiscal years 
        2022 and 2023 for grants under subsection (a) to pay 
        for capital costs associated with the implementation of 
        eligible treatment technologies during the period 
        beginning on October 1, 2014, and ending on the date of 
        enactment of this section.
  (f) Definitions.--In this section:
          (1) Affected community water system.--The term 
        ``affected community water system'' means a community 
        water system that is affected by the presence of a 
        perfluoroalkyl or polyfluoroalkyl substance in the 
        water in the community water system.
          (2) Disadvantaged community.--The term 
        ``disadvantaged community'' has the meaning given that 
        term in section 1452.
          (3) Eligible treatment technology.--The term 
        ``eligible treatment technology'' means a treatment 
        technology included on the list published under 
        subsection (c).

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

           *       *       *       *       *       *       *


              lead contamination in school drinking water

  Sec. 1464. (a) Distribution of Drinking Water Cooler List.--
Within 100 days after the enactment of this section, the 
Administrator shall distribute to the States a list of each 
brand and model of drinking water cooler identified and listed 
by the Administrator under section 1463(a).
  (b) Guidance Document and Testing Protocol.--The 
Administrator shall publish a guidance document and a testing 
protocol to assist 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, 
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.
  (c) Dissemination to Schools, Etc.--Each State shall provide 
for the dissemination to local educational agencies, private 
nonprofit elementary or secondary schools and to day care 
centers of the guidance document and testing protocol published 
under subsection (b), together with the list of drinking water 
coolers published under section 1463(a).
  (d) Voluntary School and Child Care Program Lead Testing 
Grant Program.--
          (1) Definitions.--In this subsection:
                  (A) Child care program.--The term ``child 
                care program'' has the meaning given the term 
                ``early childhood education program'' in 
                section 103(8) of the Higher Education Act of 
                1965 (20 U.S.C. 1003(8)).
                  (B) Local educational agency.--The term 
                ``local educational agency'' means--
                          (i) a local educational agency (as 
                        defined in section 8101 of the 
                        Elementary and Secondary Education Act 
                        of 1965 (20 U.S.C. 7801));
                          (ii) a tribal education agency (as 
                        defined in section 3 of the National 
                        Environmental Education Act (20 U.S.C. 
                        5502)); and
                          (iii) a person that owns or operates 
                        a child care program facility.
          (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 to assist local 
                educational agencies in voluntary testing for 
                lead contamination in drinking water at schools 
                and child care programs under the jurisdiction 
                of the local educational agencies.
                  (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).
                  (C) Technical assistance.--In carrying out 
                the grant program under subparagraph (A), 
                beginning not later than 1 year after the date 
                of enactment of America's Water Infrastructure 
                Act of 2018, the Administrator shall provide 
                technical assistance to recipients of grants 
                under this subsection--
                          (i) to assist in identifying the 
                        source of lead contamination in 
                        drinking water at schools and child 
                        care programs under the jurisdiction of 
                        the grant recipient;
                          (ii) to assist in identifying and 
                        applying for other Federal and State 
                        grant programs that may assist the 
                        grant recipient in eliminating lead 
                        contamination described in clause (i);
                          (iii) to provide information on other 
                        financing options in eliminating lead 
                        contamination described in clause (i); 
                        and
                          (iv) to connect grant recipients with 
                        nonprofit and other organizations that 
                        may be able to assist with the 
                        elimination of lead contamination 
                        described in clause (i).
          (3) Application.--To be eligible to receive a grant 
        under this subsection, a State or local educational 
        agency 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 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 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 shall ensure that 
        each local educational agency 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 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 
                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 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 
        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] through 2031.
  (e) Grant Program for Installation and Maintenance of 
Filtration Stations.--
          (1) Program.--The Administrator shall establish a 
        program to make grants to States to assist local 
        educational agencies in voluntary installation and 
        maintenance of filtration stations at schools and child 
        care programs under the jurisdiction of the local 
        educational agencies.
          (2) Direct grants to local educational agencies.--The 
        Administrator may make a grant described in paragraph 
        (1) directly available to--
                  (A) any local educational agency described in 
                clause (i) or (iii) of subsection (d)(1)(B) 
                located in a State that does not participate in 
                the program established under paragraph (1); or
                  (B) any local educational agency described in 
                clause (ii) of subsection (d)(1)(B).
          (3) Use of funds.--Grants made under the program 
        established under this subsection may be used to pay 
        the costs of--
                  (A) installation and maintenance of 
                filtration stations at schools and child care 
                programs; and
                  (B) annual testing of drinking water at such 
                schools and child care programs following the 
                installation of filtration stations.
          (4) Priority.--In making grants under the program 
        established under this subsection, the Administrator 
        shall give priority to States and local educational 
        agencies that will assist in voluntary installation and 
        maintenance of filtration stations at schools and child 
        care programs that are in low-income areas.
          (5) Guidance.--Not later than 180 days after the date 
        of enactment of this subsection, the Administrator 
        shall establish guidance to carry out the program 
        established under this subsection.
          (6) No prior testing required.--The program 
        established under this subsection shall not require 
        testing for lead contamination in drinking water at 
        schools and child care programs prior to participation 
        in such program.
          (7) Definitions.--In this subsection:
                  (A) Child care program and local educational 
                agency.--The terms ``child care program'' and 
                ``local educational agency'' have the meaning 
                given such terms in subsection (d).
                  (B) Filtration station.--The term 
                ``filtration station'' means an apparatus 
                that--
                          (i) is connected to building 
                        plumbing;
                          (ii) is certified to the latest 
                        version of NSF/ANSI 53 for lead 
                        reduction and NSF/ANSI 42 for 
                        particulate reduction (Class I) by a 
                        certification body accredited by the 
                        American National Standards Institute 
                        National Accreditation Board;
                          (iii) has an indicator to show filter 
                        performance;
                          (iv) can fill bottles or containers 
                        for water consumption; and
                          (v) allows users to drink directly 
                        from a stream of flowing water.
          (8) Authorization of appropriations.--There is 
        authorized to be appropriated to carry out this 
        subsection $50,000,000 for each of fiscal years 2022 
        through 2031.

SEC. 1465. DRINKING WATER FOUNTAIN REPLACEMENT FOR SCHOOLS.

  (a) Establishment.--Not later than 1 year after the date of 
enactment of this section, the Administrator shall establish a 
grant program to provide assistance to local educational 
agencies for the replacement of drinking water fountains 
manufactured prior to 1988.
  (b) Use of Funds.--Funds awarded under the grant program--
          (1) shall be used to pay the costs of replacement of 
        drinking water fountains in schools; and
          (2) may be used to pay the costs of monitoring and 
        reporting of lead levels in the drinking water of 
        schools of a local educational agency receiving such 
        funds, as determined appropriate by the Administrator.
  (c) Priority.--In awarding funds under the grant program, the 
Administrator shall give priority to local educational agencies 
based on economic need.
  (d) Authorization of Appropriations.--There are authorized to 
be appropriated to carry out this section $5,000,000 for each 
of fiscal years 2019 through [2021] 2031.

SEC. 1466. EMERGENCY RELIEF PROGRAM.

  (a) Emergency Relief Program.--The Administrator shall 
establish and carry out a residential emergency relief program 
to provide payments to public water systems to reimburse such 
public water systems for providing forgiveness of arrearages 
and fees incurred by eligible residential customers before the 
date of enactment of this section to help such eligible 
residential customers retain, or reconnect or restore, water 
service.
  (b) Conditions.--To receive funds under this section, a 
public water system shall agree to--
          (1) except as otherwise provided in this section, use 
        such funds to forgive all arrearages and fees relating 
        to nonpayment or arrearages incurred by eligible 
        residential customers before the date of enactment of 
        this section;
          (2) if forgiveness of all arrearages and fees 
        described in paragraph (1) is not possible given the 
        amount of funds received, except as otherwise provided 
        in this section, use such funds to reduce such 
        arrearages and fees for each eligible residential 
        customer by, to the extent practicable, a consistent 
        percentage;
          (3) take no action that negatively affects the credit 
        score of an eligible residential customer, or pursue 
        any type of collection action against such eligible 
        residential customer, during the 5-year period that 
        begins on the date on which the public water system 
        receives such funds;
          (4) not disconnect or interrupt the service of any 
        eligible residential customer as a result of nonpayment 
        or arrearages during such 5-year period; and
          (5) provide to the Administrator such information as 
        the Administrator determines appropriate.
  (c) Eligible Customers.--To be eligible for forgiveness or 
reduction of arrearages and fees pursuant to the program 
established under subsection (a), a residential customer of a 
public water system shall have accrued new arrearages on or 
after March 1, 2020.
  (d) Reconnection Expenses.--The Administrator, or a State 
that is, pursuant to subsection (e), implementing the program 
established under subsection (a), may authorize a public water 
system receiving funds under this section to use up to 5 
percent of such funds for expenses relating to reconnecting or 
restoring water service, including expenses relating to 
plumbing repairs and pipe flushing, as needed, for eligible 
residential customers.
  (e) Administrative Expenses.--The Administrator may 
authorize--
          (1) States to implement the program established under 
        subsection (a); and
          (2) a State implementing such program to use up to 4 
        percent of funds made available to carry out such 
        program in such State for administrative expenses.
  (f) Submissions to Congress.--Not later than 180 days after 
the date of enactment of this section, and every other month 
thereafter until all amounts made available under this section 
are expended, the Administrator shall submit to the Committee 
on Energy and Commerce of the House of Representatives and the 
Committee on Environment and Public Works of the Senate a 
report that describes--
          (1) each public water system that received a payment 
        under or pursuant to this section;
          (2) the total amount of each payment provided under 
        or pursuant to this section;
          (3) for each public water system receiving a payment 
        under or pursuant to this section--
                  (A) the amount of arrearages and fees 
                forgiven or reduced;
                  (B) the number of eligible residential 
                customers benefitting from forgiveness or 
                reduction of arrearages and fees under this 
                section;
                  (C) the amount of arrearages and fees of 
                customers described in subparagraph (B) 
                incurred before the date of enactment of this 
                section that remain outstanding;
                  (D) the number of eligible residential 
                customers that did not benefit from forgiveness 
                or reduction of arrearages and fees under this 
                section; and
                  (E) the amount of arrearages and fees of 
                customers described in subparagraph (D) 
                incurred before the date of enactment of this 
                section that remain outstanding; and
          (4) a summary of any other information provided to 
        the Administrator by public water systems that receive 
        a payment pursuant to this section.
  (g) Authorization of Appropriations.--There is authorized to 
be appropriated to carry out this section $4,000,000,000, to 
remain available until expended.
                              ----------                              


               AMERICA'S WATER INFRASTRUCTURE ACT OF 2018



           *       *       *       *       *       *       *
              TITLE II--DRINKING WATER SYSTEM IMPROVEMENT

SEC. 2001. INDIAN RESERVATION DRINKING WATER PROGRAM.

  (a) In General.--Subject to the availability of 
appropriations, the Administrator of the Environmental 
Protection Agency 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.
  (b) Eligible Projects.--A project eligible to participate in 
the program under subsection (a) is a project--
          (1) that is on a reservation (as defined in section 3 
        of the Indian Financing Act of 1974 (25 U.S.C. 1452)) 
        that serves a federally recognized Indian Tribe; and
          (2) the purpose of which is to connect, expand, or 
        repair an existing public water system, as defined in 
        section 1401(4) of the Safe Drinking Water Act (42 
        U.S.C. 300f(4)), in order to improve water quality, 
        water pressure, or water services.
  (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.
  (d) Authorization of Appropriations.--There is authorized to 
be appropriated to carry out the program under subsection (a) 
$20,000,000 for each of fiscal years 2019 through [2022] 2031.

           *       *       *       *       *       *       *


SEC. 2020. ASSISTANCE FOR AREAS AFFECTED BY NATURAL DISASTERS.

  (a) Definitions.--In this section:
          (1) Community water system.--The term ``community 
        water system'' has the meaning given such term in 
        section 1401(15) of the Safe Drinking Water Act (42 
        U.S.C. 300f(15)).
          (2) Eligible state.--The term ``eligible State'' 
        means a State, as defined in section 1401(13)(B) of the 
        Safe Drinking Water Act (42 U.S.C. 300f(13)(B)).
          (3) Eligible system.--The term ``eligible system'' 
        means a community water system--
                  (A) that serves an area for which, after 
                January 1, 2017, the President under the Robert 
                T. Stafford Disaster Relief and Emergency 
                Assistance Act (42 U.S.C. 5121 et seq.)--
                          (i) has issued a major disaster 
                        declaration; and
                          (ii) provided disaster assistance; or
                  (B) that is capable of extending its potable 
                drinking water service into an underserved 
                area.
          (4) National primary drinking water regulation.--The 
        term ``national primary drinking water regulation'' 
        means a national primary drinking water regulation 
        under section 1412 of the Safe Drinking Water Act (42 
        U.S.C. 300g-1).
          (5) Underserved area.--The term ``underserved area'' 
        means a geographic area in an eligible State that--
                  (A) is served by a community water system 
                serving fewer than 50,000 persons where 
                delivery of, or access to, potable water is or 
                was disrupted; and
                  (B) received disaster assistance pursuant to 
                a declaration described in paragraph (3)(A).
  (b) State Revolving Loan Fund Assistance.--
          (1) In general.--An eligible State may use funds 
        provided pursuant to [subsection (e)(1)] subsection 
        (f)(1) to provide assistance to an eligible system 
        within the eligible State for the purpose of restoring 
        or increasing compliance with national primary drinking 
        water regulations in an underserved area.
          (2) Inclusion.--
                  (A) Additional subsidization.--With respect 
                to assistance provided under paragraph (1), an 
                eligible system shall be eligible to receive 
                loans with additional subsidization (including 
                forgiveness of principal, negative-interest 
                loans, or grants (or any combination thereof)) 
                for the purpose described in paragraph (1).
                  (B) Nondesignation.--Assistance provided 
                under paragraph (1) may include additional 
                subsidization, as described in subparagraph 
                (A), even if the service area of the eligible 
                system has not been designated by the 
                applicable eligible State as a disadvantaged 
                community pursuant to section 1452(d)(3) of the 
                Safe Drinking Water Act (42 U.S.C. 300j-
                12(d)(3)).
  (c) Assistance for Territories.--The Administrator may use 
funds made available under subsection (f)(1) to make grants to 
Guam, the Virgin Islands, American Samoa, and the Northern 
Mariana Islands for the purposes of providing assistance to 
eligible systems to restore or increase compliance with 
national primary drinking water regulations.
  [(c)] (d) Exclusion.--Assistance provided under this section 
shall not include assistance for a project that is financed 
(directly or indirectly), in whole or in part, with proceeds of 
any obligation issued after the date of enactment of this Act 
the interest of which is exempt from the tax imposed under 
chapter 1 of the Internal Revenue Code of 1986.
  [(d)] (e) Nonduplication of Work.--An activity carried out 
pursuant to this section shall not duplicate the work or 
activity of any other Federal or State department or agency.
  [(e)] (f) Additional Drinking Water [State Revolving Fund 
Capitalization] Grants.--
          (1) In general.--There is authorized to be 
        appropriated to the Administrator of the Environmental 
        Protection Agency $100,000,000 to provide additional 
        capitalization grants pursuant to section 1452 of the 
        Safe Drinking Water Act (42 U.S.C. 300j-12) to eligible 
        States, and to make grants under subsection (c) of this 
        section, to be available--
                  (A) for a period of 24 months beginning on 
                the date on which the funds are made available 
                for the purpose described in subsection (b)(1) 
                or subsection (c), as applicable; and
                  (B) after the end of such 24-month period, 
                until expended for the purpose described in 
                paragraph (3) of this subsection.
          (2) Supplemented intended use plans.--
                  (A) Obligation of amounts.--Not later than 30 
                days after the date on which an eligible State 
                submits to the Administrator a supplemental 
                intended use plan under section 1452(b) of the 
                Safe Drinking Water Act (42 U.S.C. 300j-12(b)), 
                from funds made available under paragraph (1), 
                the Administrator shall obligate to such 
                eligible State such amounts as are appropriate 
                to address the needs identified in such 
                supplemental intended use plan for the purpose 
                described in subsection (b)(1).
                  (B) Plans.--A supplemental intended use plan 
                described in subparagraph (A) shall include 
                information regarding projects to be funded 
                using the assistance provided under subsection 
                (b)(1), including, with respect to each such 
                project--
                          (i) a description of the project;
                          (ii) an explanation of the means by 
                        which the project will restore or 
                        improve compliance with national 
                        primary drinking water regulations in 
                        an underserved area;
                          (iii) the estimated cost of the 
                        project; and
                          (iv) the projected start date for the 
                        project.
          (3) Unobligated amounts.--Any amounts made available 
        to the Administrator under paragraph (1) that are 
        unobligated on the date that is 24 months after the 
        date on which the amounts are made available shall be 
        available for the purpose of providing additional 
        grants to States to capitalize State loan funds as 
        provided under section 1452 of the Safe Drinking Water 
        Act (42 U.S.C. 300j-12).
          (4) Applicability.--
                  (A) In general.--Except as otherwise provided 
                in this section, all requirements of the Safe 
                Drinking Water Act (42 U.S.C. 300f et seq.) 
                shall apply to funding provided under this 
                section.
                  (B) Intended use plans.--Section 1452(b)(1) 
                of the Safe Drinking Water Act (42 U.S.C. 300j-
                12(b)(1)) shall not apply to a supplemental 
                intended use plan under paragraph (2).
                  (C) State contribution.--For amounts 
                authorized to be appropriated under paragraph 
                (1), the matching requirements in section 
                1452(e) of the Safe Drinking Water Act (42 
                U.S.C. 300j-12(e)) shall not apply to any funds 
                provided to the Commonwealth of Puerto Rico 
                under this section.

           *       *       *       *       *       *       *


                         XVII. Dissenting Views

    We oppose H.R. 3291 in its current form and urge others to 
do the same.
    We agree that extending existing drinking water funding 
authorizations is important to expand compliance and purchasing 
power for drinking water systems as well as protect the public 
health needs of the nation's drinking water needs.
    We support some provisions in Title I of the H.R. 3291, 
which are similar to those included in the Republican 
alternative, H.R. 3282, the Drinking Water Funding for the 
Future Act. Those provisions would extend many of the successes 
this committee achieved in the America's Water Infrastructure 
Act of 2018, including the risk and resilience grant funding 
under the Safe Drinking Water Act (SDWA), which addresses 
terrorism and climate related challenges at drinking water 
facilities.
    However, many of these authorizations are excessive, 
particularly as Americans are paying $300 billion this fiscal 
year alone for interest payments on our national debt.
    We offer some examples to illustrate our point of concern 
with Title I of this legislation:
           We support the Drinking Water State 
        Revolving Fund (DWSRF) and recognize the help it has 
        provided to so many communities across the country. 
        Yet, the amounts authorized in section 105 for the 
        DWSRF are 400 to 500 percent higher than the most 
        recent amount appropriated by Congress.
           Section 1459B of the SDWA authorizes $60 
        million per year for lead service line replacement, 
        prioritizing low-income persons and disadvantaged 
        communities, and making the wealthy pay for at-cost 
        replacements of their private lines. In addition, the 
        DWSRF can be used to fund lead line replacements in 
        communities. Yet, section 106 of this bill authorizes 
        $45 billion over 10 years for a new, third program in 
        the SDWA to give free private property upgrades, 
        including to the wealthiest Americans. Even if this 
        program is necessary to support local governments and 
        low-income Americans with free lead service line 
        replacement, Congress should wait until EPA complete 
        its quadrennial Needs Survey, which is supposed to 
        identify the lead pipes and how much it will cost to 
        replace them. The EPA is still several years from 
        completing the Needs Survey.
           Section 110 in the bill, which the Majority 
        added during the subcommittee markup (Rep. Yvette Clark 
        amendment), creates a new 10-year, $500 million program 
        to purchase water filtration systems in schools and day 
        care centers. This new program, which adds to existing 
        SDWA lead reduction grant and water fountain 
        replacement programs for schools and daycares (SDWA 
        sections 1464 and 1465), will pay for installation, 
        servicing, and replacement filters.
           Section 108 contains a 10-year, $5 billion 
        grant program to pay for the capital costs to implement 
        treatment technologies that remove per- and 
        polyfluoroalkyl substances from drinking water. This 
        section also sets aside $50 million to reimburse 
        communities that bought these technologies without the 
        expectation of having the Federal government pay them 
        for it, potentially leaving it to local communities and 
        water utilities.
    There are also several flaws with the provisions in Titles 
II and III, which are the reason this bill is opposed by the 
Association of Metropolitan Water Agencies, American Water 
Works Association, National Rural Water Association, National 
Association of Water Companies, National League of Cities, U.S. 
Conference of Mayors, and the National Association of Counties.
    Sections 201 and 205 of H.R. 3291 are an attack on common 
sense. Instead of encouraging EPA to work with water systems to 
issue practical regulations to address contaminant problems, 
these provisions would require the EPA to issue the most 
stringent regulations, no matter the costs.
    Section 201 removes SDWA section 1412(b)(6), a cost benefit 
provision that requires EPA to set the maximum contaminant 
level justified by the costs of compliance--that is, the 
benefits from the rule have to outweigh the costs. Our 
colleagues in the Majority argue that striking this provision 
is necessary to create requirements that protect public health. 
We vehemently disagree.
    This provision doesn't cap how much a rule can cost, it 
doesn't restrain treatment techniques, it doesn't stop 
expensive regulations, and it doesn't prevent health from being 
protected. What it does is say that if a safe level exists that 
isn't the most stringent or expensive, EPA can stop right there 
and use that safe level. In other words, an expensive 
regulation is okay, but it must have significant health risk 
reduction benefits that correlate to its expense. We think this 
is common sense, and the best way to achieve actual results for 
the American people.
    Section 205 removes the small system variance provisions in 
SDWA, permitting small communities temporarily to use drinking 
water treatments EPA, or a state with primary enforcement 
responsibility, find adequately protective when the Federally 
mandated ones are unaffordable. Again, this provision does not 
permit unsafe water; it grants financial flexibility.
    Some will argue that increase rate assistance to low-income 
customers will offset more expensive regulations, but history 
shows that without these provisions: States face unfunded and 
underfunded mandates and water systems get into a spiral of 
debt, chronic non-compliance, or both; essentially small and 
rural systems are pushed into consolidation under the SDWA.
    In addition, sections 202 through 204 of this legislation 
require the simultaneous, final regulation of per- and 
polyfluoroalkyl substances, especially PFOA and PFOS; 
microcystin; and 1,4-Dioxane within 2 years. These provisions 
will be expensive for water customers, but that is not our only 
concern.
    As to section 202 and the regulation of per- and 
polyfluoroalkyl substances, EPA is already several months into 
establishing a maximum contaminant level goal and proposing a 
maximum contaminant level for PFOA and PFOS. Having Congress 
jump in to reorder this work will slow it down. EPA already has 
urgent threat authority in SDWA section 1412(b)(1)(D) to move 
more expeditiously if needed. In addition, this section would 
require EPA to either regulate, issue health advisories, or 
make reviewable determinations on the 9,252 chemicals in the 
PFAS family. This will be a tremendous burden on EPA resources.
    Regarding section 203 and the requirements for regulation 
of microcystin toxin, we read this effort to limit notice and 
public comment. We also question whether this is the most 
appropriate decision to make for all water systems nationwide. 
EPA, in April 2021, published occurrence data from Unregulated 
Contaminant Monitoring Rule-4 showing this contaminant 
appearing above the established minimum reporting levels at 
only two-one-hundredths of one percent of drinking water 
systems nationwide. Rather than a one-size-fits-all approach, 
EPA can help affected local and State governments as needed and 
in a way that is tailored to a community's need.
    Concerning section 204, it is premature to make a policy 
decision without the benefit of the science. On March 3, 2021, 
EPA announced that it was unable to decide yet about whether to 
regulate 1,4-Dioxane. The Agency stated that ``that there is a 
need for additional information and analyses before a 
regulatory determination can be made for 1,4-dioxane.'' Yet, 
this section not only require EPA to regulate, it undermines 
the SDWA regulatory process, diminishes further scientific 
review, and truncates notice and comment procedures that might 
aid the quality of any final rule.
    Title III of H.R. 3291 provides $4 billion for unpaid water 
bills during the pandemic. While this title dramatically 
increases the amount of temporary Federal assistance for 
Americans in need due to the COVID-19 pandemic, it also places 
a 5-year moratorium on water systems taking steps to get 
future, delinquent customers--regardless of income--to pay 
their bills. Utilities cannot operate without revenue and 
destroying their ability to collect it for 5 years will place 
substantial operational burdens on them. This is not the type 
of precedent we should set where the Federal government shuts 
down responsible public utilities from collecting the revenues 
they are owed and need to operate.
    In addition, during markup, the Committee expanded the use 
of the funding for service reconnections, including private 
plumbing work. The Committee also required detailed, monthly 
reports to Congress on this program and its spending. While we 
support program oversight and accountability, this requirement 
will be extremely expensive burdensome for all parties.
    Title IV was added during Committee consideration. It 
requires the Government Accountability Office (GAO) to conduct 
a detailed financial, operational, and regulatory audit of 
smaller and ``distressed small water systems'' and make 
recommendations on how to push distressed systems into 
consolidation. This report is unfair to rural systems and 
upends efforts to help these water systems get their ``houses 
in order'' before consolidation is necessary.
    In summary, there are some provisions of this legislation 
that Republicans support, but the overall costs--both for the 
Federal government and for small water systems--outweigh the 
benefits of those provisions. Therefore, we must oppose this 
legislation.

                                   Cathy McMorris Rodgers,
                                           Republican Leader, Energy 
                                               and Commerce Committee.
                                   David B. McKinley,
                                           Republican Leader, 
                                               Subcommittee on 
                                               Environment and Climate 
                                               Change.

                                  
                                  
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