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[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2344 Introduced in House (IH)]

103d CONGRESS
  1st Session
                                H. R. 2344

    To amend title XIV of the Public Health Service Act (the ``Safe 
    Drinking Water Act'') to redirect and extend Federal and State 
 activities to protect public water supplies in the United States, and 
                          for other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                              June 8, 1993

  Mr. Walsh introduced the following bill; which was referred to the 
                    Committee on Energy and Commerce

_______________________________________________________________________

                                 A BILL

 
    To amend title XIV of the Public Health Service Act (the ``Safe 
    Drinking Water Act'') to redirect and extend Federal and State 
 activities to protect public water supplies in the United States, and 
                          for other purposes.

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS; REFERENCES.

    (a) Short Title.--This Act may be cited as the ``Water Supply 
Protection Act of 1993''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; table of contents; references.
Sec. 2. Findings.
                          TITLE I--DEFINITIONS

Sec. 101. Definitions.
                     TITLE II--PUBLIC WATER SYSTEMS

Sec. 201. National primary drinking water regulations.
Sec. 202. Water supply protection programs.
Sec. 203. Implementation amendments.
     TITLE III--PROTECTION OF UNDERGROUND SOURCE OF DRINKING WATER

Sec. 301. State programs to establish wellhead protection areas.
                      TITLE IV--GENERAL PROVISIONS

Sec. 401. Research, technical assistance, information, training of 
                            personnel.
Sec. 402. Grants for State programs.
Sec. 403. Records and inspections.
Sec. 404. Authorization of appropriations.
    (c) References to the Public Health Service Act.--Wherever in this 
Act an amendment or repeal is expressed in terms of an amendment to, or 
repeal of, a section or other provision, the reference shall be 
considered to be made to a section or other provision of the Public 
Health Service Act (42 U.S.C. 201 et seq.).

SEC. 2. FINDINGS.

    Congress finds that--
            (1)(A) according to the Forum on Environmental Management 
        of the Environmental Protection Agency, the basic problems that 
        motivated passage of title XIV of the Public Health Service Act 
        (commonly known as the Safe Drinking Water Act) (42 U.S.C. 300f 
        et seq.) as described in House Report No. 93-1185 (ordered to 
        be printed on July 10, 1974, 93d Congress, 2d Session) have 
        been substantially addressed, and it is time for the 
        transformation of the drinking water program into a routine 
        Federal and State function that ensures--
                    (i) the continued supervision of public water 
                systems; and
                    (ii) the issuance of additional regulations to 
                address the discovery of any meaningful threat to 
                public health;
            (B) the number of public water systems under direct 
        supervision has grown from 25,000 to 220,000;
            (C) the number of drinking water standards promulgated 
        under title XIV of the Public Health Service Act (commonly 
        known as the ``Safe Drinking Water Act'') has grown from 11 to 
        84;
            (D) the number of States adopting the Federal standards 
        under such title has grown from 14 to 48;
            (E) despite a more than three-fold growth in the number of 
        regulated public water systems of communities--
                    (i) the percentage of public water systems of 
                communities in full compliance with the bacteriological 
                monitoring requirements of such title has grown from 15 
                percent to 83 percent (97 percent if compliance within 
                3 months of violation notification is included);
                    (ii) full compliance with the bacteriological 
                standard under such title is over 91 percent;
                    (iii) full compliance with chemical monitoring 
                requirements under such title has grown from 10 percent 
                to over 95 percent; and
                    (iv) full compliance with chemical standards 
                promulgated under such title is over 99 percent;
            (F) the number of health advisory documents relating to 
        such title has grown from 15 to over 100; and
            (G) State program budgets relating to such title have grown 
        from $27,000,000 to over $81,000,000 in State funds and to 
        $58,900,000 in Federal grants;
            (2) the Federal water supply protection authority in 
        existence on the date of enactment of this Act does not provide 
        for redirection of program activities upon recognition of 
        program maturation;
            (3)(A) the concept of relative risk management has been 
        significantly expanded during the last decade; and
            (B) the ability of the scientific community to define and 
        rank risks has grown to a point where local, State, and Federal 
        decisions on how to target limited health protection resources 
        could be based on risk management priorities;
            (4) the Federal water supply authority in existence on the 
        date of enactment of this Act does not--
                    (A) authorize reliance on risk management 
                principles in the development of Federal requirements;
                    (B) encourage integration of the water supply 
                protection program with other local, State, and Federal 
                health initiatives;
                    (C) authorize regulatory discretion if quantifiable 
                risks in public water supplies fall well below natural 
                background risks or are de minimis in nature; and
                    (D) allow direct local and citizen risk management 
                decisionmaking for small risks, especially those with 
                large cost consequences;
            (5)(A) the state-of-the-art of pollution prevention and 
        protection of water sources has grown substantially during the 
        last decade;
            (B) 38 States have adopted wellhead protection programs;
            (C) the scientific methods needed to support geographic and 
        locational pollution prevention activities are available to 
        permit significant expansion of pollution prevention as a 
        primary means to protect water supply sources; and
            (D) Federal water supply authority in existence on the date 
        of enactment of this Act does not--
                    (i) authorize the exploitation of the methods 
                referred to in subparagraph (C) or the replacement of 
                regulatory approaches with more effective and lower 
                cost local and State water supply protection practices; 
                and
                    (ii) require the integration of water supply 
                protection activities among Federal agencies;
            (6)(A) growth in the development and approval of low-cost 
        small flow water treatment equipment during the 20-year period 
        preceding the date of enactment of this Act has made high 
        quality water treatment achievable by even the smallest public 
        water systems; and
            (B) the Federal water protection authority in existence on 
        the date of enactment of this Act does not--
                    (i) encourage the development and use of these 
                technologies, or
                    (ii) permit Federal, State, and local governments 
                to apply cost-efficient mixes of water treatment 
                techniques to comply with Federal requirements;
            (7)(A) the growth in sophistication and coverage of 
        analytical water chemistry has resulted in the commercial 
        capability to measure the presence and concentration of trace 
        amounts of hundreds of natural and man-made materials in 
        drinking water;
            (B) the annual household cost of monitoring requirements in 
        effect on the date of enactment of this Act in small public 
        water systems is greater than the cost of delivering the water 
        in the systems; and
            (C) the Federal water supply authority in existence on the 
        date of enactment of this Act does not provide direction 
        concerning methods to balance the use of these high-cost 
        analytical techniques against the need for information 
        concerning the status of risks to water supplies;
            (8)(A) to fully implement the regulatory program in 
        existence on the date of enactment of this Act, the amount of 
        financial resources needed by the States is twice the amount 
        available on the date of enactment of this Act;
            (B) the shortfall referred to in subparagraph (A) is 
        expected to grow to 3 times the level that is fundable for the 
        fiscal year 1997; and
            (C) a comparison of remaining unaddressed water supply 
        risks with risks that could be prevented by other State funded 
        health programs, such as the medicaid program under title XIX 
        of the Social Security Act (42 U.S.C. 1396 et seq.), suggest 
        that investment in water supply at the cost of other health 
        care programs is justified only in a minority of cases; and
            (9)(A) State representatives have strongly supported 
        changes to the authorities in existence on the date of 
        enactment of this Act that would allow a greater degree of 
        flexibility to the States in selecting and funding State health 
        protection priorities; and
            (B) the authority in existence on the date of enactment of 
        this Act provides inadequate discretion to the Administrator of 
        the Environmental Protection Agency for evaluating proposed 
        State water supply protection implementation plans, as required 
        for the maintenance of primary enforcement authority and 
        receipt of Federal grants.

                          TITLE I--DEFINITIONS

SEC. 101. DEFINITIONS.

    Section 1401 (42 U.S.C. 300f) is amended--
            (1) by striking paragraph (1) and inserting the following 
        new paragraph:
            ``(1) The term `primary drinking water regulation' means a 
        regulation that meets the following requirements:
                    ``(A) The regulation applies to public water 
                systems.
                    ``(B) The regulation specifies a contaminant (or 
                group of contaminants) in any form that is reasonably 
                expected to be found in finished water that the 
                Administrator, using realistic assumptions about human 
                consumption, determines would pose an unacceptable risk 
                to public health or welfare.
                    ``(C)(i) The regulation specifies, for each 
                contaminant, group of contaminants, or representative 
                indicator contaminant, one or more of the requirements 
                described in clause (ii) that the Administrator 
                determines is likely to afford the most cost-effective 
                means of protecting the public from unacceptable risks 
                to human health.
                    ``(ii) The requirements described in this clause 
                are--
                            ``(I) a maximum contaminant level;
                            ``(II) a drinking water treatment 
                        requirement; and
                            ``(III) a drinking water source protection 
                        requirement.
                    ``(D) The regulation contains criteria and 
                procedures to ensure a supply of drinking water that 
                complies with each applicable maximum contaminant level 
                or requirement at reasonable cost, including--
                            ``(i) a vulnerability assessment (if 
                        appropriate);
                            ``(ii) procedural and analytical quality 
                        control; and
                            ``(iii) testing and recordkeeping 
                        procedures,
                to ensure compliance with and targeting of the 
                requirements, and operation and maintenance of the 
                public water system.'';
            (2) in paragraph (3), by striking ``which is delivered'' 
        and all that follows through the end of the paragraph and 
        inserting ``that is delivered to the service line of any user 
        of a public water system.'';
            (3) in paragraph (6), by inserting before the period the 
        following: ``of public health or welfare concern''; and
            (4) by adding at the end the following new paragraphs:
            ``(15) The term `drinking water source protection 
        requirement' means a set of criteria to assess the adequacy of 
        proposed control and management activities that--
                    ``(A) may be used in lieu of, or in conjunction 
                with, a drinking water treatment requirement; and
                    ``(B) will sufficiently ensure the protection of 
                drinking water sources so that finished water does not 
                pose an unacceptable risk to human health.
            ``(16) The term `drinking water treatment requirement' 
        means a requirement under a regulation promulgated by the 
        Administrator under this title that specifies the use of water 
        treatment equipment. The term may include any point-of-use or 
        point-of-entry application that the Administrator determines to 
        produce water for consumption and normal dermal contact that 
        does not pose an unacceptable risk to public health and 
        welfare.
            ``(17) The term `individual lifetime risk' means the 
        maximum expected likelihood estimate of risk to an individual, 
        based on appropriate toxicological studies and realistic human 
        consumption and exposure assumptions.
            ``(18) The term `representative indicator contaminant' 
        means a contaminant--
                    ``(A) that indicates the presence of a group of 
                contaminants; and
                    ``(B) with respect to which the removal from water 
                would signal a similar level of removal of the other 
                contaminants in the group.
            ``(19) The term `vulnerability assessment' means a 
        reasonable and accurate assessment of the vulnerability of a 
        public water system to contamination.''.

                     TITLE II--PUBLIC WATER SYSTEMS

SEC. 201. NATIONAL PRIMARY DRINKING WATER REGULATIONS.

    Title XIV is amended by inserting after section 1411 (42 U.S.C. 
300g) the following new section:

``SEC. 1411A. NATIONAL PRIMARY DRINKING WATER REGULATIONS.

    ``(a) In General.--If the Administrator determines that a 
contaminant (or group of contaminants) is known, or reasonably 
anticipated, to occur in drinking water or a source of drinking water 
at a level that would, on the basis of a reasonable assumption 
concerning human water consumption and use (in any form), poses an 
unacceptable risk to public health or welfare (as defined in subsection 
(b)), the Administrator shall promulgate national primary drinking 
water regulations consisting of one, or a combination of the following 
requirements, as determined under subsection (e):
            ``(1) Maximum contaminant levels.
            ``(2) Drinking water treatment requirements.
            ``(3) Drinking water source protection requirements.
    ``(b) Assessment of Risk to Human Health.--
            ``(1) In general.--The Administrator shall determine that a 
        contaminant (or group of contaminants) poses an unacceptable 
        risk to public health or welfare if the Administrator 
        determines that one or more of the following conditions exist:
                    ``(A) The exposure to the contaminant (or group of 
                contaminants), as determined on the basis of reasonable 
                exposure assumptions adjusted (if appropriate) to 
                reflect local or regional patterns of behavior, would 
                reasonably be expected to result in a waterborne 
                disease, clinical degradation of human health, or a 
                significant probability of chronic health risk in the 
                public served by the public water system.
                    ``(B) Risks posed by the contaminant are no less 
                than natural background risks.
                    ``(C) The exposure poses a chronic risk that is not 
                a de minimus risk (as determined under paragraph (2)).
            ``(2) Determination of de minimus risk.--As used in 
        paragraph (1)(C), a chronic risk shall not be determined to be 
        a de minimus risk if at least 1 case of clinical health 
        degradation would be expected to arise in the population served 
        by an affected public water system over the 80-year period 
        following the date of determination of the risk as a result of 
        exposure to the combined exposure to all contaminants regulated 
        under this title that are known to pose a chronic threat to 
        human health (referred to in this section as `chronic 
        contaminants') found in the water of the public water system.
    ``(c) Standard.--
            ``(1) In general.--Each maximum contaminant level referred 
        to in subsection (a)(1) shall incorporate a reasonable margin 
        of safety, and shall take into account--
                    ``(A) the significance of ambient exposures from 
                drinking water in light of natural background risks to 
                health and other exposures to the contaminants; and
                    ``(B) the incremental cost of risk-reduction in 
                comparison to other health and medical expenditures of 
                equal or greater national and local significance to 
                health care that the Administrator determines to be 
                reasonably expected.
            ``(2) Reasonable margin of safety.--For the purposes of 
        this subsection, a reasonable margin of safety shall be--
                    ``(A) for a risk exhibiting a threshold effect, 
                approximately one-tenth the level at which there is no 
                observable adverse effect on the most sensitive human 
                population (as defined and determined by the 
                Administrator);
                    ``(B) for a case in which a level referred to in 
                subparagraph (A) is not available, a safety factor of 
                approximately 100; and
                    ``(C) fully incorporated in any determination under 
                this subsection for a contaminant that the 
                Administrator does not expect the expected to exhibit a 
                threshold effect, if the standard is established at a 
                level of an individual lifetime risk of approximately 1 
                in 10,000.
            ``(3) De minimus risks.--A maximum contaminant level 
        referred to subsection (a) shall only apply to a public water 
        system with respect to which at least 1 case of clinical health 
        degradation occurs during the 80-year period beginning on the 
        date of the promulgation of the maximum contaminant level in 
        the public served by the system as a result of exposure to the 
        combined exposure to all contaminants regulated under this 
        title that are known to pose a chronic threat to human health 
        (referred to in this section as `chronic contaminants') found 
        in the water of the public water system.
    ``(d) Vulnerability Assessment.--
            ``(1) Assessment.--Each primary drinking water regulation 
        promulgated pursuant to subsection (a) that--
                    ``(A) includes a standard for a chronic 
                contaminant; or
                    ``(B) requires the application of treatment or 
                source protection,
        may include requirements for a vulnerability assessment.
            ``(2) Drinking water requirements linked to assessment.--
        Each drinking water requirement under the national primary 
        drinking water regulations promulgated under subsection (a) 
        shall take into account a realistic estimation of the 
        vulnerability of a public water system to each contaminant that 
        is the subject of the requirement.
            ``(3) Classes of public water systems vulnerable to 
        risks.--The Administrator may declare a class of public water 
        systems vulnerable to risks. The Administrator shall delegate 
        to each State with primary enforcement authority under this 
        title the authority to determine whether a specific public 
        water system is vulnerable in a case in which site-by-site 
        judgment is required, or in a case in which site-specific or 
        State-specific conditions exclude the public water system from 
        the class.
    ``(e) Technology.--
            ``(1) In general.--The national primary drinking water 
        regulations promulgated pursuant to subsection (a) shall be 
        based on the use of the best technology, treatment techniques, 
        and other means that the Administrator determines to be 
        available after examining the technology, treatment technique, 
        or other means for efficacy under field conditions and not 
        solely under laboratory conditions.
            ``(2) Application of drinking water treatment requirements 
        and source protection.--The Administrator shall require 
        application of a treatment requirement and source protection 
        requirement promulgated pursuant to paragraphs (2) and (3), 
        respectively, of subsection (a) and subject to variances and 
        exemptions, if--
                    ``(A) the application of the best available water 
                treatment technology cannot reduce ambient levels of a 
                contaminant that are representative of the ambient 
                levels of the contaminant in public water systems to 
                the maximum contaminant level that would otherwise be 
                promulgated for the contaminant pursuant to subsection 
                (a)(1); or
                    ``(B) commercially available water quality 
                analytical methods are not capable of reliable 
                quantification at the maximum contaminant level that 
                would otherwise be promulgated at reasonable costs to 
                consumers in all sizes of public water systems.
    ``(f) Incremental Net Benefits.--
            ``(1) Analysis.--
                    ``(A) In general.--In promulgating a regulation 
                pursuant to subsection (a), the Administrator shall--
                            ``(i) examine the marginal or incremental 
                        net benefits of proposed and final regulatory 
                        alternatives; and
                            ``(ii) include information on the analysis 
                        in a preamble that shall be included with each 
                        proposed regulation and final regulation.
                    ``(B) Requirements for analysis.--The analysis 
                referred to in subparagraph (A) shall be conducted at--
                            ``(i) the national level; and
                            ``(ii) for model public water systems that 
                        are representative of the full range of sizes 
                        of public water systems.
            ``(2) Variances and exemptions.--
                    ``(A) Variances.--The Administrator shall include 
                in the national primary drinking water regulations 
                promulgated under subsection (a) criteria for use by a 
                primary enforcement agency to grant a routine variance 
                to a public water system, as authorized by section 
                1415.
                    ``(B) Application of criteria.--The criteria 
                referred to in subparagraph (A) may be used in a case 
                in which--
                            ``(i) the level of the individual lifetime 
                        risk with respect to a contaminant exceeds the 
                        applicable maximum containment level, but 
                        remains less than 1 in 1,000; and
                            ``(ii) for any exemption issued under 
                        section 1416, the marginal or incremental cost 
                        to a public water system subject to the 
                        exemption is significantly greater than the sum 
                        of the marginal or incremental benefit to the 
                        consumers served by the public water system.
                    ``(C) Exemptions.--The Administrator shall include 
                in the national primary drinking water regulations 
                promulgated under subsection (a) criteria for use by a 
                primary enforcement agency to grant a routine exemption 
                to a public water system, as authorized by section 1416 
                in a case described in subparagraph (B)(ii). The 
                Administrator shall include criteria necessary to 
                determine whether the public water system can 
                reasonably be expected to comply with the drinking 
                water regulation, taking into consideration--
                            ``(i) financial and economic conditions; or
                            ``(ii) risk-management priorities and 
                        inefficiencies.
    ``(g) Effective Date of Regulations.--Subject to subsection (l), 
the Administrator shall determine the effective date of the national 
primary drinking water regulations promulgated pursuant to this 
section, taking into account the period of time necessary for--
            ``(1) the appropriate officials of public drinking water 
        systems to plan, design, finance, and build projects or adjust 
        operating practices; and
            ``(2) States to adopt new regulations.
    ``(h) No Preventive Health Care Additives.--No national primary 
drinking water regulation promulgated under subsection (a) may require 
the addition of any substance for preventive health care purposes that 
is not related to the removal or avoidance of contaminants in drinking 
water.
    ``(i) Administrative Procedures.--The regulations promulgated under 
subsection (a) shall be promulgated in accordance with section 553 of 
title 5, United States Code, except that the Administrator shall 
provide an opportunity for a public hearing prior to the promulgation 
of the regulations.
    ``(j) Consultation and Advice.--
            ``(1) Secretary and national drinking water advisory 
        council.--In proposing and promulgating regulations under 
        subsection (a), the Administrator shall consult with the 
        Secretary and the National Drinking Water Advisory Council.
            ``(2) Science advisory board.--
                    ``(A) Solicitation of comments.--The Administrator 
                shall request comments from the Science Advisory Board 
                (established under section 8 of the Environmental 
                Research, Development, and Demonstration Authorization 
                Act of 1978 (42 U.S.C. 4365)) prior to proposing any 
                national primary drinking water regulations under 
                subsection (a).
                    ``(B) Response.--If the Board responds within a 
                reasonable period of time after a request referred to 
                in subparagraph (A), the findings and recommendations 
                of the Board shall be included in the notice that 
                accompanies the proposal for national primary drinking 
                regulations.
    ``(k) Review of Regulations.--
            ``(1) Continuation of regulations.--
                    ``(A) In general.--Not later than 180 days after 
                the date of enactment of this section, the 
                Administrator shall review the list of national primary 
                drinking water regulations in effect on the date of 
                enactment of this section and order the continued 
                implementation of regulations for each contaminant 
                that, as of the date of enactment of this section, 
                meets the criteria under subsection (a) for the 
                promulgation of national drinking water regulations on 
                the basis of the rulemaking record for the contaminant 
                in existence on the date of enactment of this section.
                    ``(B) Judicial review.--An order of the 
                Administrator under subparagraph (A) shall not be 
                considered a rulemaking subject to section 553 of title 
                5, United States Code, but shall be subject to judicial 
                review.
                    ``(C) Scope of review.--A judicial review of an 
                order referred to in subparagraph (A) shall be limited 
                to whether the rulemaking record of a contaminant 
                reviewed pursuant to subparagraph (A) is sufficient to 
                support inclusion of the contaminant under the order of 
                the Administrator.
            ``(2) Regulations not subject to continued implementation 
        order.--Any contaminant subject to regulation under the 
        national primary drinking water regulations promulgated under 
        subsection (a) that is not regulated under an order authorized 
        in paragraph (1) shall be evaluated by the Administrator and 
        included under the National Water Contaminant Health and 
        Aesthetic Quality Advisory Program established under section 
        1412(a).
            ``(3) Effect of safe drinking water act amendments.--
                    ``(A) In general.--A regulation that has been 
                proposed, but not adopted, by the date of enactment of 
                this section pursuant to this title, shall be published 
                as part of the national primary drinking water 
                regulations promulgated under subsection (a) if the 
                regulation meets the criteria established in this 
                section.
                    ``(B) Deadlines.--Each statutory and court ordered 
                deadline for a regulation described in subparagraph (A) 
                in effect on the day before the date of enactment of 
                this section shall remain in effect for the period 
                specified in the statute or court order, except that 
                the Administrator may extend a deadline referred to in 
                this sentence for a 6-month period beyond the date 
                specified for the regulation, if a significant economic 
                or risk assessment is required to be carried out under 
                this section.
    ``(l) Revision of Regulations.--
            ``(1) In general.--The Administrator may revise the 
        national primary drinking water regulations promulgated under 
        subsection (a), if on completion of a review under paragraph 
        (2), the Administrator determines that a change in risk 
        assessments, technology, treatment techniques, and water source 
        protection supports revision or expansion of the regulations on 
        the basis of the criteria used to develop the regulations, as 
        described in this section.
            ``(2) Review of new information.--The Administrator shall 
        review relevant information concerning risk assessments, 
        technology, treatment techniques, and water source protection 
        that might lead to the revision or expansion of the national 
        primary drinking water regulations not later than 5 years after 
        the date of enactment of this section, and every 5 years 
        thereafter. The Administrator shall publish the findings of the 
        review in the Federal Register and, if appropriate, an advance 
        notice of proposed rulemaking.
            ``(3) Petitions for development of additional 
        regulations.--
                    ``(A) In general.--Not later than 180 days after 
                receipt of a petition for the development and 
                promulgation of additional national primary drinking 
                water regulations, the Administrator shall publish a 
                response to the petition in a notice in the Federal 
                Register. The notice shall--
                            ``(i) provide advance notice of proposed 
                        rulemaking; or
                            ``(ii) state the basis for rejecting the 
                        petition.
                    ``(B) Final rulemaking process not mandatory.--The 
                commencement of a rulemaking process pursuant to a 
                petition shall not require the promulgation of a final 
                national primary drinking water regulation if the 
                criteria for the revision of the national primary 
                drinking water regulations described in this section 
                are not met.''.

SEC. 202. WATER SUPPLY PROTECTION PROGRAMS.

    Section 1412 (42 U.S.C. 300g-1) is amended to read as follows:

``SEC. 1412. WATER SUPPLY PROTECTION PROGRAMS.

    ``(a) National Water Contaminant Advisory Program.--
            ``(1) Establishment.--The Administrator shall establish a 
        National Water Contaminant Health and Aesthetic Quality 
        Advisory Program (referred to in this section as the 
        `Program').
            ``(2) Data repository.--In carrying out the Program, the 
        Administrator shall establish and maintain a source of 
        information that is easily accessible to any interested person 
        or entity concerning--
                    ``(A) contaminants that have been found in potable 
                water sources, finished water, water treated by point-
                of-use and point-of-entry equipment, and bottled water;
                    ``(B) the concentrations at which the contaminants 
                have been found;
                    ``(C) the health effects and aesthetic 
                characteristics (as determined by the Administrator) of 
                the contaminants at various concentrations; and
                    ``(D) the level of exposure for each contaminant 
                (expressed as a concentration) that the Administrator 
                recommends as conservatively protective to the most 
                sensitive human population (as defined and determined 
                by the Administrator) for--
                            ``(i) a one-time exposure;
                            ``(ii) a short-term exposure of 
                        approximately 1 week;
                            ``(iii) a long-term exposure of 
                        approximately 7 years; and
                            ``(iv) a lifelong exposure.
            ``(3) Conservatively protective exposures.--
                    ``(A) In general.--The Administrator shall consider 
                an exposure as conservatively protective to the most 
                sensitive human population if, after application of a 
                conservative factor of safety, the Administrator 
                determines that the exposure is not reasonably expected 
                to pose a meaningful threat of an adverse effect on 
                human health. For the purposes of this subsection, the 
                Administrator may consider as conservatively protective 
                an exposure that is greater than a level with no 
                associated risk. The assumption of zero exposure shall 
                not be required for considering an exposure as 
                conservatively protective.
                    ``(B) Long-term and lifelong exposures.--In 
                determining recommended long-term and lifelong 
                exposures for contaminants, the Administrator may rely 
                on information concerning the relative marginal, or 
                incremental net benefits, of the alternatives for a 
                representative range of sizes of water systems.
            ``(4) Net benefits.--Information concerning the net 
        benefits of reducing contamination to recommended long-term and 
        lifelong levels shall be incorporated in the health and 
        aesthetic quality data repository in a manner that is easily 
        understandable and facilitates the use by officials of public 
        drinking water systems and the customers of the systems.
            ``(5) Secondary drinking water regulations.--
                    ``(A) Incorporation of data.--The data repository 
                shall incorporate data associated with national 
                secondary drinking water regulations promulgated under 
                this Act that are in effect on the date of enactment of 
                the Water Supply Protection Act of 1993.
                    ``(B) Rescission of secondary regulations.--On 
                inclusion of the data described in subparagraph (A) 
                into the repository, the Administrator shall publish a 
                notice rescinding the secondary regulations, including 
                a reference to the data repository.
            ``(6) Primary drinking water regulations.--
                    ``(A) Incorporation of data.--Not later than 1 year 
                after the date of enactment of the Water Supply 
                Protection Act of 1993, the Administrator shall 
                incorporate into the data included in the data 
                repository, data associated with national primary 
                drinking water regulations in effect on the date of 
                enactment of such Act that have not been promulgated as 
                national primary drinking regulations under section 
                1411A(a).
                    ``(B) Repeal.--On inclusion of the data described 
                in subparagraph (A) into the data repository, the 
                Administrator shall publish a notice rescinding the 
                regulations referred to in subparagraph (A). The notice 
                shall include a reference to the data repository.
            ``(7) Electronic access.--
                    ``(A) In general.--Subject to subparagraph (B), the 
                data repository may be in the form of an electronically 
                accessible database.
                    ``(B) Nonelectronic access.--The Administrator 
                shall ensure the availability of nonelectronic access 
                to the data in the data repository that allows 
                reasonable access to the data by interested persons and 
                entities.
            ``(8) Contracting responsibility.--The Administrator may 
        enter into an agreement with a for-profit or nonprofit entity 
        for the maintenance of the data repository under this 
        subsection. An agreement entered into under this paragraph 
        shall be subject to the following conditions:
                    ``(A) The requirements of this section shall be 
                fully satisfied.
                    ``(B) The Administrator or a representative of the 
                Administrator shall serve in an advisory capacity to 
                the entity with regard to matters of the data 
                repository.
            ``(9) List of contaminants.--
                    ``(A) In general.--Not later than 1 year after the 
                date of enactment of the Water Supply Protection Act of 
                1993, and every 3 years thereafter, the Administrator 
                shall identify and list not less than 15 contaminants 
                that have, or may have, entered into drinking water or 
                drinking water supply sources for which there is 
                insufficient scientific data to compile the information 
                required under paragraph (2).
                    ``(B) Publication.--The list referred to in 
                subparagraph (A) shall be published in the Federal 
                Register along with--
                            ``(i) a schedule for data collection and 
                        evaluation; and
                            ``(ii) the amount of funds required for 
                        timely completion of the data collection and 
                        evaluation.
                    ``(C) Schedule of collection of data.--The 
                Administrator shall collect and evaluate the data 
                referred to in subparagraph (B) not later than 5 years 
                after the date of publication of the list pursuant to 
                subparagraph (B), unless the Administrator demonstrates 
                that the funds authorized for the data collection and 
                evaluation were insufficient or were not made available 
                during the period specified in this subparagraph.
    ``(b) National Water Treatment Technology Advisory Program.--
            ``(1) Establishment.--The Administrator shall establish a 
        National Water Treatment Technology Advisory Program (referred 
        to in this subsection as the `Program').
            ``(2) Data repository.--In carrying out the Program, the 
        Administrator shall establish and maintain a source of 
        information that is easily accessible to interested persons and 
        entities concerning--
                    ``(A) the nature, efficacy, and cost of 
                commercially available treatment train designs, 
                including designs for central, point-of-entry, and 
                point-of-use treatment that are capable of removing 
                contaminants from drinking water or preventing the 
                entry into drinking water of contaminants from 
                equipment, pipe, valve, faucet, and fixture materials; 
                and
                    ``(B) demonstrations or installations of 
                representative treatment train applications.
            ``(3) Electronic access.--
                    ``(A) In general.--The data repository referred to 
                in paragraph (2) may be in the form of an 
                electronically accessible database.
                    ``(B) Nonelectronic access.--The Administrator 
                shall ensure the availability of nonelectronic access 
                to the data in the data repository that allows 
                reasonable access to the data by interested persons and 
                entities.
            ``(4) Contracting responsibility.--The Administrator may 
        enter into an agreement with a for-profit or nonprofit entity 
        for the maintenance of the repository. An agreement entered 
        into under this paragraph shall be subject to the following 
        conditions:
                    ``(A) The requirements of this section shall be 
                fully satisfied.
                    ``(B) The Administrator or a representative of the 
                Administrator shall serve in an advisory capacity to 
                the entity with regard to matters of the data 
                repository.
            ``(5) Higher education curriculum.--Not later than 1 year 
        after the date of enactment of the Water Supply Protection Act 
        of 1993, the Administrator shall develop a model curriculum for 
        institutions of higher education (as defined in section 1201(a) 
        of the Higher Education Act of 1965 (20 U.S.C. 1141(a)) 
        concerning the design and packaging of small flow treatment 
        trains, including point-of-use and point-of-entry devices.
            ``(6) Annual competition.--The Administrator shall 
        establish an annual competition to identify and demonstrate 
        innovative solutions to water treatment problems, especially 
        low-cost solutions for small water systems. To the extent 
        practicable, the competition shall be carried out through 
        cooperative activities between appropriate officials of the 
        Federal Government and private business concerns.
    ``(c) National Drinking Water Source Protection Management 
Practices Advisory Program.--
            ``(1) Establishment.--The Administrator shall establish a 
        National Drinking Water Source Protection Management Practices 
        Advisory Program (referred to in this section as the 
        `Program').
            ``(2) Data repository.--In carrying out the Program, the 
        Administrator shall establish and maintain a source of 
        information that is easily accessible to interested persons and 
        entities concerning--
                    ``(A) the nature, efficacy, and cost of pollution 
                prevention, pollution control, and relevant land-use 
                strategies known, or expected, to prevent the 
                contamination of drinking water sources;
                    ``(B) demonstrations or applications of 
                representative source protection practices; and
                    ``(C) recommended source protection and management 
                practices associated with common contaminant scenarios 
                (as defined and determined by the Administrator).
            ``(3) Electronic access.--
                    ``(A) In general.--Subject to subparagraph (B), the 
                data repository established under paragraph (2) may 
                form an electronically accessible database.
                    ``(B) Nonelectronic access.--The Administrator 
                shall ensure the availability of nonelectronic access 
                to the data repository that allows reasonable access to 
                the data by interested persons and entities.
            ``(4) Contracting responsibility.--The Administrator may 
        enter into an agreement with a for-profit or nonprofit entity 
        for the maintenance of the repository. An agreement entered 
        into under this paragraph shall be subject to the following 
        conditions:
                    ``(A) The requirements of this section shall be 
                fully satisfied.
                    ``(B) The Administrator or a representative of the 
                Administrator shall serve in an advisory capacity to 
                the entity with regard to matters of the data 
                repository.
            ``(5) Higher education curriculum.--Not later than 2 years 
        after the date of enactment of the Water Supply Protection Act 
        of 1993, the Administrator shall develop a model curriculum 
        concerning drinking water source management and protection for 
        institutions of higher education (as defined in section 1201(a) 
        of the Higher Education Act of 1965 (20 U.S.C. 1141(a)).
            ``(6) Competition.--The Administrator shall establish an 
        annual contest to identify and demonstrate innovative solutions 
        to water source protection problems. To the extent practicable, 
        the contest shall be jointly sponsored by government and 
        private business.
            ``(7) Employee.--The Administrator may require a State to, 
        as a condition to maintaining primary enforcement authority 
        under this title, employ at least 1 individual who has the 
        responsibility for carrying out all of the following 
        activities:
                    ``(A) Coordinating State and Federal underground 
                sources of drinking water protection programs in the 
                State.
                    ``(B) Maintaining information concerning the ground 
                water source protection activities within the State.
                    ``(C) Facilitating risk management analysis of the 
                ground water source protection activities.''.

SEC. 203. IMPLEMENTATION AMENDMENTS.

    (a) Variances.--Section 1415 (42 U.S.C. 300g-4) is amended--
            (1) in paragraph (1)(A)--
                    (A) by striking ``, because of characteristics of 
                the raw water sources which are reasonably available to 
                the systems,'';
                    (B) by striking ``. A variance may only be issued 
                to a system after the system's'' and inserting the 
                following: ``despite reductions that could reasonably 
                be expected from''; and
                    (C) by striking all after ``Before a schedule'' and 
                inserting the following: ``A schedule for full 
                compliance shall not be required to be prepared 
                pursuant to this subparagraph if the risk posed by the 
                contaminant is de minimis.''; and
            (2) by striking subparagraph (C) of paragraph (1) and 
        inserting the following new subparagraph:
            ``(C)(i) Subject to clause (ii), before a variance proposed 
        to be granted by a State under subparagraph (A) or (B) may be 
        granted, the State shall provide notice and an opportunity for 
        public comment on the proposed variance. The notice may cover 
        the granting of variances for as many water systems as the 
        State may have received requests from during the 1-year period 
        preceding the date of the notice.
            ``(ii) No notice or hearing shall be required under this 
        subparagraph if a representative of a public water system 
        provides documentation that the public water system is eligible 
        for a variance under the applicable primary drinking water 
        regulation. The documentation required, and review conducted, 
        under this subparagraph shall facilitate an expeditious and 
        inexpensive procedure, with respect to the activities required 
        for the public water system that submits an application to the 
        primary enforcement authority that carries out the processing 
        of the documentation. An expeditious and inexpensive procedure 
        under this subparagraph may include a procedure by which the 
        privacy enforcement authority uses a checklist and a 
        certification of correctness by a licensed professional 
        engineer.
            ``(iii) The State may append reasonable conditions to a 
        variance, including additional and affordable monitoring 
        requirements or an expiration date (in the absence of a 
        schedule).
            ``(iv) Each State shall annually notify the Administrator 
        of each variance granted under this section by the State. The 
        notification shall include the reason for each variance granted 
        by the State.''.
    (b) Exemptions.--Section 1416 (42 U.S.C. 300g-5) is amended--
            (1) in subsection (b)(1), by striking ``Before a schedule'' 
        and all that follows through the end of the paragraph;
            (2) by redesignating paragraphs (2) through (4) as 
        paragraphs (3) through (5); and
            (3) by inserting after paragraph (1) the following new 
        paragraph:
    ``(2)(A) Subject to subparagraph (B), before an exemption proposed 
to be granted by a State under subsection (a) may be granted, the State 
shall provide notice and an opportunity for public comment on the 
proposed exemption. The notice may cover the granting of exemptions for 
as many public water systems as the State may have received requests 
from during the 1-year period preceding the date of the notice.
    ``(B) No notice or hearing shall be required under this 
subparagraph if a representative of a public water system provides 
documentation that the public water system is eligible for an exemption 
under the applicable primary drinking water regulation. The 
documentation required, and review conducted, under this subparagraph 
shall facilitate an expeditious and inexpensive procedure, with respect 
to the activities required for the public water system that submits an 
application to the primary enforcement authority that carries out the 
processing of the documentation. An expeditious and inexpensive 
procedure under this subparagraph may include a procedure by which the 
privacy enforcement authority uses a checklist and a certification of 
correctness by a licensed professional engineer.
    ``(C) The State may append reasonable conditions to an exemption, 
including additional and affordable monitoring requirements or an 
expiration date (in the absence of a schedule).
    ``(D) Each State shall annually notify the Administrator of each 
exemption granted under this section by the State. The notification 
shall contain the reason for each exemption granted by the State.''; 
and
            (4) in subsection (b)(2), by striking subparagraph (C) and 
        inserting the following new subparagraph:
    ``(C) An exemption granted to a public water system under clause 
(i) or (ii) of subparagraph (B) may be renewed for one or more 
additional 2-year periods if the Administrator determines that--
            ``(i) the public water system--
                    ``(I) serves 500 or less service connections; and
                    ``(II) needs financial assistance for the necessary 
                improvements; and
            ``(ii) the appropriate official of the public water 
        system--
                    ``(I) establishes that the official is taking all 
                practicable steps to meet the requirements of 
                subparagraph (B); or
                    ``(II) installs effective point-of-use devices and 
                demonstrates, to the satisfaction of the Administrator, 
                that--
                            ``(aa) the devices are adequately operated 
                        and maintained; and
                            ``(bb) the flow resulting from the actual 
                        use of the devices constitutes an appropriate 
                        percentage of expected ingested water at the 
                        installation site.''.
    (c) Public Notification.--Section 1414(c) (42 U.S.C. 300g-3(c)) is 
amended by striking all after ``The Administrator shall by regulation'' 
through the end of the subsection, and inserting the following:
``Not later than 18 months after the date of enactment of the Water 
Supply Protection Act of 1993, the Administrator shall revise the 
regulations promulgated under section 1414(c)(2) to provide for notice 
pursuant to subsection (a).
    ``(d)(1) Notice of a violation of the maximum contaminant level or 
of any other violation resulting in an unacceptable level of risk to 
public health and welfare shall be given as soon as is practicable 
after the violation occurs, in a manner selected by the public water 
system and approved by the State.
    ``(2) Notice of all other violations of any requirement of this 
title shall be provided in an annual report in such form, and in such 
manner as the State may determine pursuant to paragraph (3).
    ``(3) The Administrator shall provide model language for inclusion 
in each notice issued pursuant to this subsection, but the form and 
content of the notice shall be determined by the public water system 
with the approval of the State.''.
    (d) Citizen Suits.--Section 1449(b)(1) (42 U.S.C. 300j-8(b)(1)) is 
amended--
            (1) by striking ``or'' at the end of subparagraph (A); and
            (2) by adding at the end the following new subparagraph:
                    ``(C) if the water system is under an 
                administrative compliance order, or an administrative 
                or judicial consent decree, and is in compliance with 
                the terms of the order or decree;''.
    (e)  Tampering.--Section  1432(d)  (42  U.S.C. 300i-1) is amended--
            (1) in paragraph (1), by striking ``or'';
            (2) by redesignating paragraph (2) as paragraph (3); and
            (3) by inserting after paragraph (1) the following new 
        paragraph:
            ``(2) to introduce a contaminant into the distribution 
        system, by means of reinjection of delivered water, that would 
        pose an unacceptable risk to public health or welfare; or''.
    (f) Laboratory and Operator Certification.--The Public Health 
Service Act (42 U.S.C. 201 et seq.) is amended by adding at the end the 
following new section:

``SEC. 1452. LABORATORY AND OPERATOR CERTIFICATION.

    ``(a) Water System Operators.--
            ``(1) In general.--After consultation with representatives 
        of the States, the Administrator shall prescribe such 
        regulations as are necessary or appropriate to ensure the 
        national certification of public water system operators.
            ``(2) Certification.--
                    ``(A) Administration.--The Administrator may 
                authorize the national certification program under this 
                subsection to be administered by a for-profit or 
                nonprofit entity if the Administrator or a 
                representative of the Administrator serves in an 
                advisory capacity to the entity with respect to matters 
                of certification.
                    ``(B) State certification.--An individual certified 
                under the national certification program shall be 
                deemed to be certified in each State with primary 
                enforcement authority.
    ``(b) Analytical Laboratories.--
            ``(1) In general.--The Administrator shall prescribe such 
        regulations as are necessary or appropriate to ensure national 
        certification of analytical laboratories.
            ``(2) Administration.--The Administrator may authorize the 
        national certification program under this subsection to be 
        administered by a for-profit or nonprofit entity if the 
        Administrator or a representative of the Administrator serves 
        in an advisory capacity to the entity with respect to matters 
        of certification.
            ``(3) Acceptance of monitoring results.--Analytical 
        monitoring results provided by a laboratory that receives 
        certification under the national certification program under 
        this subsection shall, for the purposes of this title, be 
        considered acceptable for purposes of determining compliance.
            ``(4) Primary enforcement authority.--A State that seeks to 
        maintain primary enforcement authority under this title may 
        list any nationally certified laboratory as the analytical 
        resource of the State for purposes of the primacy enforcement 
        authority of the State.''.

     TITLE III--PROTECTION OF UNDERGROUND SOURCES OF DRINKING WATER

SEC. 301. STATE PROGRAMS TO ESTABLISH WELLHEAD PROTECTION AREAS.

    Section 1428(d) (42 U.S.C. 300h-7(d)) is amended--
            (1) by striking ``(d) Federal Assistance.--After the date'' 
        and inserting the following:
    ``(d) Federal Assistance.--
            ``(1) In general.--After the date''; and
            (2) by adding at the end the following new paragraph:
            ``(2) Ground water protection source coordinator.--Not 
        later than 1 year after the initiation of a program under 
        section 1412(f), funds made available under this section shall 
        be distributed only to a State that establishes and fills a 
        position for a ground water protection source coordinator.''.

                      TITLE IV--GENERAL PROVISIONS

SEC. 401. RESEARCH, TECHNICAL ASSISTANCE, INFORMATION, TRAINING OF 
              PERSONNEL.

    (a) Establishment of Training Programs.--Section 1442(d) (42 U.S.C. 
300j-1(d)) is amended--
            (1) by striking ``and'' at the end of paragraph (1);
            (2) by striking the period at the end of paragraph (2) and 
        inserting ``; and''; and
            (3) by adding at the end the following new paragraphs:
            ``(3) establish a public-private partnership to demonstrate 
        low-cost small flow water treatment technologies that can be 
        used by very small public water systems (as defined and 
        determined by the Administrator) to meet primary drinking water 
        standards, or recommended long-term and lifelong acceptable 
        exposure levels; and
            ``(4) in conjunction with States and water treatment 
        equipment manufacturers, develop means to speed and simplify 
        State approvals of low-cost small flow water treatment 
        technologies available to very small public water systems 
        seeking to meet drinking water standards, or recommended 
        acceptable exposure levels.''.
    (b) Potable Water.--Section 1442 (42 U.S.C. 300j-1) is amended by 
adding at the end the following new subsections:
    ``(h) The Administrator, with the assistance of the Assistant 
Secretary of the Interior for the Fish and Wildlife Service, and the 
Assistant Secretary of Agriculture responsible for pesticide and 
farming practices associated with the protection of potable ground 
water sources, shall submit to Congress an annual report concerning 
specific steps taken in the preceding year to coordinate potable ground 
water protection.
    ``(i) Not later than 2 years after the date of enactment of this 
subsection, the Administrator shall submit to Congress a report, with 
recommendations on the alternative forms of Federal legislation that 
could simplify and speed the cost-effective consolidation of small 
public water systems, including simplified and rapid means to condemn 
for acquisition purposes, small public water systems with respect to 
which the appropriate officials are unable or unwilling to comply with 
national drinking water regulations.
    ``(j)(1) The Administrator may--
            ``(A) establish a national technical assistance program for 
        rural public water and small public water systems that may be 
        implemented by a nonprofit entity; and
            ``(B) may award grants to carry out the program referred to 
        in subparagraph (A).
    ``(2) There are authorized to be appropriated, to carry out 
paragraph (1)--
            ``(A) $4,000,000 for fiscal year 1994; and
            ``(B) $5,000,000 for each of fiscal years 1995 through 
        1997.''.

SEC. 402. GRANTS FOR STATE PROGRAMS.

    (a) Public Water Systems Supervision Program.--Paragraph (7) of 
section 1443(a) (42 U.S.C. 300j-2(a)(7)) is amended to read as follows:
    ``(7) For the purpose of making grants under paragraph (1) there 
are authorized to be appropriated $50,000,000 for fiscal year 1994, 
$45,000,000 for fiscal year 1995, $40,000,000 for fiscal year 1996, and 
$35,000,000 for fiscal year 1997.''.
    (b) Underground Water Source Protection Program.--Paragraph (5) of 
section 1443(b) (42 U.S.C. 300j-2(b)(5)) is amended to read as follows:
    ``(5) For the purpose of making grants under paragraph (1) there 
are authorized to be appropriated $11,000,000 for fiscal year 1994, 
$11,000,000 for fiscal year 1995, $12,000,000 for fiscal year 1996, and 
$13,000,000 for fiscal year 1997.''.
    (c) Uniform Data System.--Section 1443 (42 U.S.C. 300j-2) is 
amended--
            (1) by redesignating subsection (c) as subsection (e); and
            (2) by inserting after subsection (b) the following new 
        subsections:
    ``(c)(1) The Administrator is authorized to make grants to States 
to carry out section 1412(c).
    ``(2) For the purpose of making grants under paragraph (1) there 
are authorized to be appropriated $2,500,000 for each of fiscal years 
1994 through 1997.
    ``(d)(1) The Administrator is authorized to make grants to States 
to adopt uniform data repository, collection, and reporting systems for 
a water supply supervision program developed jointly by the 
Administration and the State.
    ``(2) For the purpose of making grants under paragraph (1) there 
are authorized to be appropriated $3,000,000 for grants for hardware 
and commercial software.
    ``(3)(A) For the purpose of the development of the uniform data 
system authorized under paragraph (1) there are authorized to be 
appropriated $2,000,000.
    ``(B) For the purpose of the maintenance of the uniform data 
system, there are authorized to be appropriated $500,000 for each of 
fiscal years 1994 through 1997.''.

SEC. 403. RECORDS AND INSPECTIONS.

    Section 1445(a)(2) (42 U.S.C. 300j-4(a)(2)) is amended by adding at 
the end the following new sentence: ``The Administrator shall suspend 
regulations requiring monitoring for unregulated contaminants in 
existence on the date of enactment of this section until the 
regulations are modified to ensure--
            ``(A) the annual household cost of monitoring is reasonable 
        in light of other needs for other health protection of families 
        served by a public water system;
            ``(B) the requirements reflect one-time sampling and the 
        maximum use of pooled samples;
            ``(C) the use of indicator analytical methods, screening 
        methods, and low-cost multiple analytical methods are fully 
        exploited; and
            ``(D) liberal exceptions are provided for cases in which 
        the probability of contamination is low.''.

SEC. 404. AUTHORIZATION OF APPROPRIATIONS.

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

``SEC. 1418. AUTHORIZATION OF APPROPRIATIONS.

    ``(a) Drinking Water Program.--In addition to any amounts otherwise 
authorized to be appropriated to carry out the drinking water programs 
established under this title, there are authorized to be appropriated 
$18,000,000 for fiscal years 1994 and 1995, $16,000,000 for fiscal year 
1996, and $14,000,000 for fiscal year 1997.
    ``(b) Water Supply Protection Program.--In addition to any amounts 
otherwise authorized to be appropriated to carry out the water supply 
protection program established under this title, there are authorized 
to be appropriated $22,000,000 for each of fiscal years 1994 and 1995 
and $25,000,000 for each of fiscal years 1996 and 1997.
    ``(c) Enforcement.--In addition to any amounts otherwise authorized 
to be appropriated to enforce this title, there are authorized to be 
appropriated $6,500,000 for fiscal year 1994, $5,000,000 for each of 
fiscal years 1995 and 1996, and $4,500,000 for fiscal year 1997.''.

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