such cases such assistance may be provided from the
revolving fund for such consolidation.
‘‘(3) STATE
CONTRIBUTION.—In the case of
grants made after fiscal year 1995, each agreement
under this subsection shall require that the State de-
posit in the 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.
‘‘(4) COMBINED FINANCIAL ADMINISTRATION.—
Notwithstanding subparagraph (C) of paragraph
(1), a State may (as a convenience and to avoid un-
necessary administrative costs) combine, in accord-
ance with State law, the financial administration of
a revolving fund established under this subsection
with the financial administration of any other revolv-
ing fund established by the State if otherwise not
prohibited by the law under which such revolving
fund was established and if the Administrator deter-
mines that—
‘‘(A) the grants under this subsection, to-
gether with loan repayments and interest, will
be separately accounted for and used solely for
the purposes specified in paragraph (1); and
‘‘(B) the authority to establish assistance
priorities and carry out oversight and related
activities (other than financial administration)
with respect to such assistance remains with
the State agency having primary responsibility
for administration of the State program under
this part.
‘‘(5) ADMINISTRATION.—(A) Each State may
annually use up to 4 percent of the funds allotted
to the State under this subsection to cover the rea-
sonable costs of administration of the assistance pro-
gram under this subsection and of providing tech-
nical assistance to public water systems within the
State. For fiscal year 1995 and each fiscal year
thereafter, each State may use up to an additional
5 percent of the funds allotted to the State under
this subsection for public water system supervision if
the State matches such expenditures with at least an
equal amount of non-Federal funds. At least half of
such match must be additional to the amount ex-
pended by the State for public water supervision in
fiscal year 1993. An additional 1 percent of the
funds annually allotted to the State under this sub-
section shall be used by each State to provide tech-
nical assistance to public water systems in such
State.
‘‘(B) The Administrator shall publish such
guidance and promulgate such regulations as may be
necessary to carry out the provisions of this section,
including—
‘‘(i) provisions to ensure that each State
commits and expends funds allotted to the
State under this subsection as efficiently as
possible in accordance with this title and appli-
cable State laws,
‘‘(ii) guidance to prevent waste, fraud, and
abuse, and
‘‘(iii) guidance to avoid the use of funds
made available under this subsection to finance
the expansion of any public water system in an-
ticipation of future population growth.
Such guidance and regulations shall also insure that
the States, and public water systems receiving as-
sistance under this subsection, use accounting, audit,
and fiscal procedures that conform to generally ac-
cepted accounting standards.
‘‘(C) Each State administering a revolving fund
and assistance program under this subsection shall
publish and submit to the Administrator a report
every 2 years on its activities under this subsection,
including the findings of the most recent audit of
the fund and the entire State allotment. The Admin-
istrator shall periodically audit all revolving funds
established by, and all other amounts allotted to, the
States pursuant to this subsection in accordance
with procedures established by the Comptroller Gen-
eral.
‘‘(6) NEEDS SURVEY.—The Administrator shall
conduct an assessment of financial needs of all pub-
lic water systems in the United States and submit
a report to the Congress containing the results of
such assessment within 2 years after the date of the
enactment of the Safe Drinking Water Act Amend-
ments of 1994. The Administrator shall revise such
report periodically as appropriate.
‘‘(7) INDIAN
TRIBES.—11⁄2
percent of the
amounts appropriated annually to carry out this
subsection may be used by the Administrator to
make grants to Indian Tribes and Alaskan Native
Villages which are not otherwise eligible to receive
either grants from the Administrator under this sub-
section or assistance from State revolving funds es-
tablished under this subsection. Such grants may
only be used for expenditures by such tribes and vil-
lages for public water system expenditures referred
to in paragraph (1)(B).
‘‘(8) OTHER
AREAS.—Of the funds annually
available under this section for grants to States, the
Administrator shall make allotments in accordance
with section 1443(a)(4) for the District of Columbia,
the Virgin Islands, the Commonwealth of the North-
ern Mariana Islands, American Samoa, Guam, and
the Republic of Palau. The grants allotted as pro-
vided in this paragraph may be provided by the Ad-
ministrator 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 re-
ferred to in paragraph (1)(B). Such grants shall not
be deposited in revolving funds. The total allotment
of grants under this subsection for all areas de-
scribed in this paragraph in any fiscal year shall not
exceed 1 percent of the aggregate amount made
available to carry out this subsection in that fiscal
year.
‘‘(9) ADDITIONAL SET-ASIDES.—Any State ex-
ercising primary enforcement responsibility for pub-
lic water systems may use up to 4 percent of the an-
nual grants under this subsection allotted to that
State for the following:
‘‘(A) To establish and implement wellhead
protection programs under section 1428.
‘‘(B) For a period of 5 years after the Ad-
ministrator publishes guidance under section
1428(l), to establish and implement source
water assessment programs under section 1428.
‘‘(C) For a 7-fiscal year period after guide-
lines are issued under section 1419(a), to de-
velop and implement a viability program under
section 1419(b) and assess viability under sec-
tion 1419(e).
Not more than 2 percent of such annual grant allot-
ment for any such State in any fiscal year may be
used by that State for purpose of subparagraph (C).
If any State exercising primary enforcement respon-
sibility for public water systems adopts a petition
program under section 1428(m), the State may use
not more than 1 percent of the grant under this sub-
section allotted to the State in any fiscal year for es-
tablishing and implementing such program. No such
funds shall be used for such a petition program if
the State fails to implement the program.
‘‘(10) DEMONSTRATION
PROJECT
FOR
STATE
OF VIRGINIA.—Notwithstanding the other provisions
of this subsection limiting the use of funds deposited
in a State revolving fund from any State allotment,
the State of Virginia may, as a single demonstration
and with the approval of the Virginia General As-
sembly and the Administrator, conduct a program to
demonstrate alternative approaches to intergovern-
mental coordination to assist in the financing of new
drinking water facilities in the following rural com-
munities in southwestern Virginia where none exists
on the date of the enactment of the Safe Drinking
Water Act Amendments of 1994 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 re-
volving fund may be loaned to a regional endowment
fund for the purpose set forth in this paragraph
under a plan to be approved by the Administrator.
The plan may include an advisory group that in-
cludes representatives of such counties.
‘‘(11) AUTHORIZATION OF APPROPRIATIONS.—
There is authorized to be appropriated to carry out
the purposes of this subsection $599,000,000 for the
fiscal year 1994 and $1,000,000,000 for each of the
fiscal years 1995, 1996, and 1997, and such sums
as may be necessary thereafter. Sums shall remain
available until expended.’’.
(b) REPORT.—Not later than 18 months after the
date of the enactment of this Act, the Administrator of
the Environmental Protection Agency shall report to the
Congress, after notice and public comment, on the appro-
priateness of using State revolving funds under section
1443(c) of the Public Health Service Act for acquisition
of real property or interests therein from willing sellers
where such acquisition is undertaken in addition to, or as
an alternative to, system development as a means of com-
plying with national primary drinking water regulations.
The review of the use of such funds shall examine any
cost savings and environmental benefits for safe drinking
water and any problems related thereto.
(c) TECHNICAL ASSISTANCE.—(1) The Adminis-
trator of the Environmental Protection Agency may pro-
vide technical assistance to small public water systems to
enable such systems to achieve and maintain compliance
with applicable national primary drinking water regula-
tions. Such assistance may include circuit-rider programs,
training, and preliminary engineering evaluations. There
is authorized to be appropriated to the Administrator to
be used for such technical assistance $15,000,000 for the
fiscal year 1994, and such sums as may be necessary for
fiscal years thereafter. No portion of any State revolving
fund established under section 1443(c) of the Public
Health Service Act and no portion of any funds made
available under this subsection may be used either directly
or indirectly for lobbying expenses. Of the total amount
appropriated under this subsection, 3 percent shall be
used for technical assistance to public water systems
owned or operated by Indian tribes. Nothing in this Act
or the amendments made by this Act authorizes scientific
or environmental research and development.
(2) Section 1442(g) is amended to read as follows:
‘‘(g) øRESERVED¿.’’.
(d) 
PUBLIC
WATER
SYSTEMS
SUPERVISION
GRANTS.—Section 1443(a) is amended as follows:
(1) Paragraph (4) is amended by adding the
following at the end thereof: ‘‘The allotment of grant
funds under this subsection for States not exercising
primary enforcement responsibility for public water
systems shall not be provided to such States but
shall be available to the Administrator for the costs
of administering this title in those States.’’.
(2) Paragraph (7) is amended by striking out
‘‘not more than the following amounts’’ and all that
follows down through the end of such paragraph and
inserting ‘‘such sums as may be necessary for fiscal
years after fiscal year 1994.’’.
SEC. 19. RECORDS AND INSPECTIONS.
(a) REQUIREMENTS.—Section 1445(a)(1) is amended
by inserting ‘‘(A)’’ after ‘‘(1)’’ and by adding at the end
the following:
‘‘(B) Instead of using the authority under subpara-
graph (A) for the purposes set forth in this paragraph or
subsection (b), the Administrator may, on a case-by-case
basis, require by certified mail any public water system
to provide, on a 1-time, periodic, or continuous basis, such
records, reports, and information as the Administrator
may reasonably require in determining whether such sys-
tem has acted or is acting in compliance with this title.
The Administrator shall provide the State exercising pri-
mary enforcement responsibility for public water systems
a copy of such certified mail. This subparagraph shall not
be construed to change any requirements of other applica-
ble laws, such as the Paperwork Reduction Act of 1980.
Nothing in this subparagraph shall be construed to affect
the authority of the Administrator to use the authority
of subsection (b) to determine compliance with this title.’’.
(b) PENALTIES.—Section 1445(c) is amended by
adding at the end the following: ‘‘Such penalty may be
assessed by the Administrator after notice and oppor-
tunity for a public hearing on the record in accordance
with section 554 of title 5 of the United States Code.’’.
SEC. 20. MONITORING FOR UNREGULATED CONTAMI-
NANTS.
Section 1445(a) is amended as follows:
(1) By adding at the end of paragraph (2) the
following sentence: ‘‘Within 24 months after the en-
actment of the Safe Drinking Water Act Amend-
ments of 1994 and every 5 years thereafter, the Ad-
ministrator shall review and, if necessary, revise the
list of unregulated contaminants for which monitor-
ing is required.’’.
(2) In paragraph (3), by inserting ‘‘not more
than 40’’ after ‘‘shall list’’ in the first sentence.
(3) In paragraph (4), by adding at the end
thereof: ‘‘Prior to the 24-month deadline established
under subsection (g), the State, where it is exercis-
ing primary enforcement responsibility for public
water systems under this title, shall provide the re-
sults of such monitoring to the Administrator for in-
clusion in the occurrence data base under subsection
(g).’’.
SEC. 21. OCCURRENCE DATA BASE.
Section 1445 is amended by adding the following new
subsection at the end thereof:
‘‘(g) OCCURRENCE DATA BASE.—Not later than 24
months after enactment of the Safe Drinking Water Act
Amendments of 1994, the Administrator shall assemble
and maintain a national drinking water occurrence data
base, using monitoring data on the occurrence of both reg-
ulated and unregulated contaminants in public water sup-
ply systems obtained under subsection (a) of this section,
and information from other public and private sources.’’.
SEC. 22. GENERAL PROVISIONS.
(a) GUIDELINES.—Section 1450 is amended by add-
ing the following at the end thereof:
‘‘(j) GUIDELINES.—(1) All guidelines issued by the
Administrator for States exercising primary enforcement
responsibility for public water systems for any purpose
pursuant to any requirement established by the Safe
Drinking Water Act Amendments of 1994 shall be pub-
lished in the Federal Register and shall remain in effect
until changed by the Administrator in accordance with the
same procedure as they were established. Such guidelines
shall not be considered to be rules and shall not be en-
forceable as rules. Adoption by a State of a program cov-
ered by such guidelines and approval of the program by
the Administrator shall be treated as an agreement by the
State with, and acceptance of, the guidelines.
‘‘(2) Except as otherwise provided in this title, failure
of a State to abide by a guideline referred to in paragraph
(1) shall not be a basis for the State’s loss of primary
enforcement responsibility for public water systems.
‘‘(3) The Administrator shall order a State to halt
use of a monitoring relief program under section 1418 to
which any guideline referred to in paragraph (1) applies
if the Administrator makes a finding, in writing, after no-
tice to the State, that the State has failed to comply with
such guideline and gives the State at least 90 days to cor-
rect the alleged problem.
‘‘(4) The Administrator may, in the Administrator’s
discretion, reduce by 50 percent the amount of grants oth-
erwise made available to the State in any fiscal year under
section 1443(c) (relating to State revolving funds) if the
Administrator makes a finding in writing, after notice to
the State, that the State has failed to comply with any
guideline referred to in paragraph (1) and gives the State
at least 90 days to correct the alleged problem.’’.
(b) WHISTLE BLOWER.—Section 1450(i) is amended
as follows:
(1) Amend paragraph (2)(A) by striking ‘‘30
days’’ and inserting ‘‘180 days’’ and by inserting be-
fore the period at the end ‘‘and the Environmental
Protection Agency’’.
(2) Amend paragraph (2)(B)(i) by inserting be-
fore the last sentence the following: ‘‘Upon conclu-
sion of such hearing and the issuance of a rec-
ommended decision that the complaint has merit,
the Secretary shall issue a preliminary order provid-
ing the relief prescribed in clause (ii), but may not
order compensatory damages pending a final
order.’’.
(3) Amend paragraph (2)(B)(ii) by inserting
‘‘and’’ before ‘‘(III)’’ and by striking ‘‘compensatory
damages, and (IV) where appropriate, exemplary
damages’’ and inserting ‘‘and the Secretary may
order such person to provide compensatory damages
to the complainant’’.
(4) Redesignate paragraphs (3), (4), (5), and
(6) as paragraphs (4), (5), (6), and (7), respectively,
and insert after paragraph (2) the following:
‘‘(3)(A) The Secretary shall dismiss a complaint filed
under paragraph (1), and shall not conduct the investiga-
tion required under paragraph (2), unless the complainant
has made a prima facie showing that any behavior de-
scribed in subparagraphs (A) through (C) of paragraph
(1) was a contributing factor in the unfavorable personnel
action alleged in the complaint.
‘‘(B) Notwithstanding a finding by the Secretary that
the complaint has made the showing required by para-
graph (1)(A), no investigation required under paragraph
(2) shall be conducted if the employer demonstrates, by
clear and convincing evidence, that it would have taken
the same unfavorable personnel action in the absence of
such behavior.
‘‘(C) The Secretary may determine that a violation
of paragraph (1) has occurred only if the complainant has
demonstrated that any behavior described in subpara-
graphs (A) through (C) of paragraph (1) was a contribut-
ing factor in the unfavorable personnel action alleged in
the complaint.
‘‘(D) Relief may not be ordered under paragraph (2)
if the employer demonstrates clear and convincing evi-
dence that it would have taken the same unfavorable per-
sonnel action in the absence of such behavior.’’.
(5) Add at the end the following:
‘‘(8) This subsection may not be construed to expand,
diminish, or otherwise affect any right otherwise available
to an employee under Federal or State law to reduce the
employee’s discharge or other discriminatory action taken
by the employer against the employee. The provisions of
this subsection shall be prominently posted in any place
of employment to which this subsection applies.’’.
(c) EFFECTIVE DATE.—The amendments made by
subsection (b) shall apply to claims filed under section
1450(i) of the Public Health Service Act on or after the
date of the enactment of this Act.
SEC. 23. ADMINISTRATIVE PENALTIES.
Part E is amended by adding at the end the following
new section:
‘‘SEC. 1452. ADMINISTRATIVE PENALTIES.
‘‘(a) IN GENERAL.—The Administrator may assess
an administrative penalty for violations of section 1412,
1415, 1416, or 1442(h). Such a penalty may only be as-
sessed—
‘‘(1) after providing notice (in accordance with
section 1414(a)(1)(A)) of at least 45 days of the Ad-
ministrator’s intention to assess such penalty to the
State exercising primary enforcement responsibility
for public water systems and to the public water sys-
tem in violation of such section, and
‘‘(2) after opportunity for a hearing on the
record in accordance with section 554 of title 5,
United States Code.
‘‘(b) PENALTY.—The penalty under subsection (a)
shall be not more than $5,000 per day of violation. The
total penalty under such subsection shall not exceed—
‘‘(1) $50,000 for violation of section 1442(h)
(relating to minimum standards for certification of
operators and laboratories), or
‘‘(2) $90,000 in the case of violations of sec-
tions 1412, 1415, and 1416.
In assessing such penalties, the Administrator shall con-
sider the size of the public water system, the ability of
the system to operate in compliance with this title, the
seriousness of the violation, the economic impact of such
violation, and history of violations.’’.
SEC. 24. WATER RETURN.
Part E is amended by adding at the end the follow-
ing:
‘‘SEC. 1453. WATER RETURN.
‘‘Not later than 18 months after the date of the en-
actment of the Safe Drinking Water Act Amendments of
1994, the Administrator shall issue, after public notice,
guidelines to assist public water systems in assessing the
conditions, when it is consistent with the requirements and
public health objectives of this title, to return water from
the public water system used for heat pumps and similar
devices to the distribution system of the public water sys-
tem.’’.
SEC. 25. WATER CONSERVATION PLAN.
Part E is amended by adding at the end the follow-
ing:
‘‘SEC. 1454. WATER CONSERVATION PLAN.
‘‘(a) GUIDELINES.—Not later than 1 year after the
date of the enactment of the Safe Drinking Water Act
Amendments of 1994, the Administrator shall publish in
the Federal Register guidelines for water conservation
plans for public water systems serving fewer than 3,300
persons, public water systems serving between 3,300 and
10,000 persons, and public water systems serving more
than 10,000 persons, taking into consideration such fac-
tors as water availability and climate.
‘‘(b) SRF LOANS OR GRANTS.—Within 1 year after
publication of the guidelines under subsection (a), a State
exercising primary enforcement responsibility for public
water systems may require a public water system, as a
condition of receiving a loan or grant from a State revolv-
ing fund under section 1443(c), to submit with its applica-
tion for such loan or grant a water conservation plan con-
sistent with such guidelines.’’.
SEC. 26. SUBMERSIBLE PUMPS; FITTINGS; AND RESIDEN-
TIAL WATER TREATMENT UNITS.
Part F is amended by adding at the end the follow-
ing:
‘‘SEC. 1466. SUBMERSIBLE PUMPS.
‘‘(a) IN GENERAL.—(1) Except as provided in sub-
section (b), within 3 years after the date of the enactment
of the Safe Drinking Water Act Amendments of 1994 the
Administrator shall promulgate regulations containing a
health effects based performance standard establishing
minimal leaching levels of lead from new submersible
pumps reasonably anticipated to be used in domestic water
wells, taking into account marketing and sales information
and other relevant factors. Such standard shall apply to
new pumps manufactured for, or first introduced into,
interstate commerce after the effective date of the regula-
tion promulgating the standard.
‘‘(2) At a minimum, the standard under this section
shall not allow lead concentration in drinking water to in-
crease by more than 15 parts per billion (ppb) when in
prolonged contact with the pump. Such standard shall be
effective 3 years after the date of its promulgation or at
such earlier time as the Administrator determines that
pumps subject to paragraph (1) can reasonably be antici-
pated to be in compliance with such standards.
‘‘(b) EXCEPTION.—(1) If the Administrator deter-
mines, after notice and opportunity for public comment,
that—
‘‘(A) voluntary standards have been developed
that are at least as protective as the minimum
standard described in subsection (a)(2), and
‘‘(B) pumps subject to paragraph (1) of sub-
section (a) can reasonably be anticipated to be in
compliance with such voluntary standards within 6
years after the date of the enactment of the Safe
Drinking Water Act Amendments of 1994,
the Administrator shall not promulgate regulations estab-
lishing the standard under subsection (a) or, if such regu-
lations have been promulgated, provide that such regula-
tions shall not take effect or be enforced.
‘‘(2) Within 2 years after the date of the enactment
of the Safe Drinking Water Act Amendments of 1994, the
Administrator shall determine, after notice and oppor-
tunity for public comment, whether new submersible
pumps which convey drinking water and which contain
brass alloys containing 0.2 percent lead or more are being
manufactured for, or first introduced into, interstate com-
merce. If the Administrator determines, at that time, that
such pumps are not being manufactured for, or first intro-
duced into, interstate commerce, the Administrator shall
not promulgate regulations establishing the standard
under subsection (a) or make a determination under sub-
section (b)(1), or if such regulations have been promul-
gated, provide that such regulations shall not take effect
or be enforced.
‘‘SEC. 1467. FITTINGS.
‘‘(a) IN GENERAL.—Within 1 year after the date of
the enactment of the Safe Drinking Water Act Amend-
ments of 1994, the Administrator shall determine if—
‘‘(1) voluntary standards for new plumbing fit-
tings manufactured for or introduced into interstate
commerce which convey drinking water have been
developed that are at least as protective of human
health as the minimum performance standard pro-
mulgated under subsection (b), and
‘‘(2) such fittings can reasonably be anticipated
to comply with such standards within 5 years after
such date of enactment.
‘‘(b) REGULATIONS.—If the Administrator deter-
mines that such voluntary standards for new plumbing fit-
tings which convey drinking water have not been developed
or that such fittings cannot reasonably be anticipated to
comply, within 5 years of such date of enactment, with
such voluntary standards, the Administrator shall, within
2 years after the date of such determination, promulgate
regulations setting a health effects based performance
standard establishing minimal leaching levels of lead from
such new plumbing fittings. Such regulation shall take ef-
fect 3 years after the date of such promulgation. Under
such regulation, such fittings shall not cause lead con-
centration in drinking water to increase by more than 15
parts per billion when in prolonged contact with such fit-
ting.
‘‘SEC. 1468. ENFORCEMENT OF SECTIONS 1466 AND 1467.
‘‘(a) IN GENERAL.—Any person who manufactures or
first introduces in interstate commerce any new submers-
ible pump or new plumbing fitting which violates any re-
quirement established by the Administrator by regulation
under section 1466 or 1467, shall be liable to the United
States for a civil penalty in an amount not to exceed
$10,000 for each such violation. To assess such civil pen-
alty, the Administrator shall, after notice and opportunity
for hearing on the record in accordance with sections 554
and 556 of title 5, United States Code, issue an order
assessing such civil penalty.
‘‘(b) ACTIONS.—The Administrator may commence a
civil action to enjoin any violation of section 1466 or 1467
or to assess and recover any civil penalty under subsection
(a). Any such action may be brought in the district court
of the United States for the district in which the violation
is alleged to have occurred or in which the defendant re-
sides or has the defendant’s principal place of business.
Such a court shall have jurisdiction to issue injunctive re-
lief and to assess a civil penalty.
‘‘(c) ORDER.—The Administrator may issue an order
to require any person to comply with any requirement of
section 1466 or 1467.
‘‘(d) FUTURE
COMPLIANCE.—The Administrator
shall periodically evaluate compliance with the standards
under sections 1466 and 1467.
‘‘SEC. 1469. RESIDENTIAL WATER TREATMENT UNITS.
‘‘(a) FTC INVESTIGATION.—The Federal Trade
Commission, in consultation with the Administrator of the
Environmental Protection Agency, shall conduct an inves-
tigation, pursuant to the Federal Trade Commission Act,
into the veracity of claims that devices manufactured, sold,
or distributed in interstate commerce for use in single and
multi-family residences will improve the quality of drink-
ing water or eliminate or reduce the level of 1 or more
drinking water contaminants (for which a national pri-
mary drinking water regulation is promulgated under the
Safe Drinking Water Act) and shall take such action pur-
suant to section 5 of such Act against any person who
introduces, delivers for introduction, sells, advertises, or
offers for sale, in interstate commerce, such devices as the
Commission deems appropriate to ensure that such claims
are consistent with the requirements of that Act and any
applicable decisions and orders of the Commission under
section 5 of that Act. The Commission shall, consistent
with the requirements of such Act, report the results of
its investigation and the actions it takes to the Congress
within 2 years after enactment of this Act. The Commis-
sion may, from time to time, issue rules (pursuant to sec-
tion 553 of title 5 of the United States Code) and any
violation of such rules shall be treated by the Commission
as a violation of a rule under section 18 of the Federal
Trade Commission Act (15 U.S.C. 57a) regarding unfair
or deceptive acts or practices.
‘‘(b) EPA REPORT.—The Administrator, taking into
account any available results of such study, shall, within
3 years after the date of the enactment of the Safe Drink-
ing Water Act Amendments of 1994, submit a report to
Congress containing recommendations regarding the effec-
tiveness of such devices, and recommendations for legisla-
tion, to the extent necessary to assure the effectiveness
of such devices in reducing the level of drinking water con-
taminants.’’.
SEC. 27. BOTTLED DRINKING WATER STANDARDS.
Section 410 of the Federal Food, Drug, and Cosmetic
Act (21 U.S.C. 349) is amended—
(1) by striking ‘‘Whenever’’ and inserting ‘‘(a)
Except as provided in subsection (b), whenever’’;
and
(2) by adding at the end thereof the following
new subsection:
‘‘(b) BOTTLED DRINKING WATER STANDARDS.—(1)
Not later than 180 days after the Administrator of the
Environmental Protection Agency promulgates a national
primary drinking water regulation for a contaminant
under section 1412 of the Public Health Service Act (42
U.S.C. 300g–1), the Secretary, after public notice and
comment, shall issue a regulation under this subsection
for that contaminant in bottled water or make a finding
that such a regulation is not necessary to protect the pub-
lic health because the contaminant is contained in water
in public water systems (as defined under section 1401(4)
of such Act (42 U.S.C. 300f(4)) but not in water used
for bottled drinking water. In the case of contaminants
for which national primary drinking water regulations
were promulgated under such section 1412 before the date
of enactment of the Safe Drinking Water Act Amend-
ments of 1994, the Secretary shall issue such regulation
within 1 year after such date of enactment.
‘‘(2) A regulation issued by the Secretary as provided
in this subsection shall include any monitoring require-
ments that the Secretary determines appropriate for bot-
tled water.
‘‘(3) A regulation issued by the Secretary as provided
in this subsection shall require the following:
‘‘(A) In the case of contaminants for which a
maximum contaminant level is established in a na-
tional primary drinking water regulation under sec-
tion 1412 of the Public Health Service Act, the reg-
ulation under this subsection shall establish a maxi-
mum contaminant level for the contaminant in bot-
tled water which is at least as stringent as the maxi-
mum contaminant level provided in the national pri-
mary drinking water regulation.
‘‘(B) In the case of contaminants for which a
treatment technique is established in a national pri-
mary drinking water regulation under section 1412
of the Public Health Service Act, the regulation
under this subsection shall require that bottled water
be subject to requirements no less protective of the
public health than those applicable to water provided
by public water systems using the treatment tech-
nique required by the national primary drinking
water regulation.
‘‘(4)(A) If the Secretary fails to establish a regulation
under this subsection within the 180-day period described
in paragraph (1), the national primary drinking water reg-
ulation referred to in paragraph (1) shall be considered,
as of the date on which the Secretary is required to estab-
lish a regulation under paragraph (1), as the regulation
applicable under this subsection to bottled water.
‘‘(B) Not later than 30 days after the end of the 180-
day period, or the 1-year period if applicable, described
in paragraph (1), the Secretary shall, with respect to a
national primary drinking water regulation that is consid-
ered applicable to bottled water as provided in subpara-
graph (A), publish a notice in the Federal Register that—
‘‘(i) sets forth the requirements of the national
primary drinking water regulation, including mon-
itoring requirements, which shall be applicable to
bottled water, and
‘‘(ii) provides that such requirements shall take
effect on the date on which the national primary
drinking water regulation for the contaminant takes
effect under section 1412 of the Public Health Serv-
ice Act (or in the case of national primary drinking
water regulations promulgated before the enactment
of the Safe Drinking Water Act Amendments of
1994, on the date 18 months after the enactment of
such Act).’’.
SEC. 28. ARSENIC.
(a) STUDY.—Subject to availability of appropriations,
the Administrator of the Environmental Protection Agen-
cy shall enter into an agreement with the National Acad-
emy of Sciences to conduct a comprehensive study of the
human health effects of arsenic (which is subject to regu-
lation as a contaminant under the Safe Drinking Water
Act), taking into consideration the fact that arsenic occurs
naturally. Such study shall be completed within 2 years
of the date the agreement is entered into. A report shall
be transmitted to the Administrator of the Environmental
Protection Agency for purposes of subsection (b).
(b) REGULATION.—
(1) PROPOSED REGULATION.—Not later than
December 31, 1996, the Administrator of the Envi-
ronmental Protection Agency shall propose a na-
tional primary drinking water regulation for arsenic.
If the study under subsection (a) is begun before
May 31, 1996, the Administrator may not, except as
provided in paragraph (2), promulgate such regula-
tion until the National Academy of Sciences has is-
sued a report under such subsection. When the Na-
tional Academy of Sciences issues such report, the
Administrator shall reopen the comment period on
the proposed regulation for 60 days.
(2) REGULATION.—The Administrator shall
promulgate a national primary drinking water regu-
lation for arsenic not later than December 31, 1999,
except that the Administrator may extend such date
for 1 year if the Administrator has issued a new
proposed regulation for arsenic. The Administrator
may promulgate such regulation prior to such date
if the Administrator finds that arsenic in drinking
water is associated with an imminent and substan-
tial endangerment to the health of persons and pub-
lishes such determination in the Federal Register.
(3) STANDARD SETTING PROCESS.—In issuing
the national primary drinking water regulation for
arsenic, the Administrator may promulgate a na-
tional primary drinking water regulation pursuant to
section 1412(b)(5) (A) and (B) of the Safe Drinking
Water Act.
SEC. 29. DEFINITIONS.
(a) PIPED WATER.—Section 1401 is amended by
adding at the end the following:
‘‘(15) The term ‘piped water’ means, in addi-
tion to water carried in pipes, water carried in cul-
verts, canals, or similar conveyances. Such term does
not include irrigation water provided to incidental
nonagricultural users if the Administrator or State
(in the case of a State exercising primary enforce-
ment responsibility for public water systems) deter-
mines that alternative drinking water to achieve the
equivalent level of health protection provided by the
applicable national primary drinking water regula-
tions is provided for drinking, cooking, and bathing,
or where the Administrator or State (in the case of
a State exercising primary enforcement responsibil-
ity for public water systems) determines that the
water provided for drinking, cooking, and bathing is
treated by the provider of such irrigation water, or
a pass-through entity providing water for drinking,
cooking, and bathing, to achieve the equivalent level
of health protection provided by the applicable na-
tional primary drinking water regulations. This
paragraph shall not be construed to affect the mean-
ing of the term ‘human consumption’ as used in any
other provision of this title. As used in this para-
graph, the term ‘conveyance’ does not include rivers,
streams, lakes, or ponds. Nothing in this paragraph
shall create new or additional requirements for pub-
lic water system.’’.
(b) ALTERNATIVE QUALITY CONTROL AND TESTING
PROCEDURES.—Section 1401(1)(D) is amended by adding
the following at the end thereof: ‘‘At any time after pro-
mulgation of a regulation referred to in this paragraph,
the Administrator may add equally effective quality con-
trol and testing procedures by guidance published in the
Federal Register. Such procedures shall be treated as an
alternative for public water systems to the quality control
and testing procedures listed in the regulation.’’.
SEC. 30. REPORTS ON ENVIRONMENTAL PROTECTION
AGENCY ADMINISTERED PROGRAMS.
For States and Indian Tribes in which the Adminis-
trator of the Environmental Protection Agency has re-
voked primary enforcement responsibility under part B of
title XIV of the Public Health Service Act (the Safe
Drinking Water Act) or is otherwise administering such
title, the Administrator shall provide every 2 years, a re-
port to Congress on the implementation by the Adminis-
trator of all applicable requirements of that title in such
States.
SEC. 31. GENERAL AUTHORIZATION.
(a) IN GENERAL.—Part A is amended by adding the
following new section after section 1401:
‘‘SEC. 1402. AUTHORIZATION OF APPROPRIATIONS.
‘‘There are authorized to be appropriated such sums
as may be necessary to carry out the provisions of this
title for the first 8 fiscal years following the enactment
of the Safe Drinking Water Act Amendments of 1994.’’.
100
(b) CONFORMING AMENDMENTS.—The heading for
part A is amended to read as follows:
‘‘PART A—GENERAL PROVISIONS’’.
SEC. 32. CLERICAL AMENDMENT.
Section 1421(b)(3)(B)(i) is amended by striking
‘‘number or States’’ and inserting ‘‘number of States’’.
Passed the House of Representatives September 27,
1994.
Attest:
Clerk.
103D CONGRESS
2D SESSION
H. R. 3392
AN ACT
To amend the Safe Drinking Water Act to assure
the safety of public water systems.