150
graph (2) (including any injunctive relief, adminis-
trative order, or civil or administrative penalty or
fine referred to in paragraph (2), or reasonable serv-
ice charge). The reasonable service charge referred
to in the preceding sentence includes—
‘‘(A) a fee or charge assessed in connection
with the processing, issuance, renewal, or
amendment of a permit, variance, or exemption,
review of a plan, study, or other document, or
inspection or monitoring of a facility; and
‘‘(B) any other nondiscriminatory charge
that is assessed in connection with a Federal,
State, interstate, or local safe drinking water
regulatory program.
‘‘(4) CIVIL PENALTIES.—No agent, employee,
or officer of the United States shall be personally
liable for any civil penalty under this subsection with
respect to any act or omission within the scope of
the official duties of the agent, employee, or officer.
‘‘(5) CRIMINAL
SANCTIONS.—An agent, em-
ployee, or officer of the United States may be sub-
ject to a criminal sanction under a State, interstate,
or local law concerning the provision of drinking
water or underground injection. No department,
agency, or instrumentality of the executive, legisla-
151
tive, or judicial branch of the Federal Government
shall be subject to a sanction referred to in the pre-
ceding sentence.
‘‘(b) WAIVER OF COMPLIANCE.—
‘‘(1) IN GENERAL.—The President may waive
compliance with subsection (a) by any department,
agency, or instrumentality in the executive branch if
the President determines waiving compliance with
such subsection to be in the paramount interest of
the United States.
‘‘(2) WAIVERS DUE TO LACK OF APPROPRIA-
TIONS.—No waiver described in paragraph (1) shall
be granted due to the lack of an appropriation un-
less the President has specifically requested the ap-
propriation as part of the budgetary process and
Congress has failed to make available the requested
appropriation.
‘‘(3) PERIOD OF WAIVER.—A waiver under this
subsection shall be for a period of not to exceed 1
year, but an additional waiver may be granted for a
period of not to exceed 1 year on the termination of
a waiver if the President reviews the waiver and
makes a determination that it is in the paramount
interest of the United States to grant an additional
waiver.
152
‘‘(4) REPORT.—Not later than January 31 of
each year, the President shall report to Congress on
each waiver granted pursuant to this subsection dur-
ing the preceding calendar year, together with the
reason for granting the waiver.’’.
(b) ADMINISTRATIVE PENALTY ORDERS.—Section
1447 (42 U.S.C. 300j–6) is amended by adding at the end
the following:
‘‘(d) ADMINISTRATIVE PENALTY ORDERS.—
‘‘(1) IN GENERAL.—If the Administrator finds
that a Federal agency has violated an applicable re-
quirement under this title, the Administrator may
issue a penalty order assessing a penalty against the
Federal agency.
‘‘(2) PENALTIES.—The Administrator may,
after notice to the agency, assess a civil penalty
against the agency in an amount not to exceed
$25,000 per day per violation.
‘‘(3) PROCEDURE.—Before an administrative
penalty order issued under this subsection becomes
final, the Administrator shall provide the agency an
opportunity to confer with the Administrator and
shall provide the agency notice and an opportunity
for a hearing on the record in accordance with chap-
ters 5 and 7 of title 5, United States Code.
153
‘‘(4) PUBLIC REVIEW.—
‘‘(A) IN GENERAL.—Any interested person
may obtain review of an administrative penalty
order issued under this subsection. The review
may be obtained in the United States District
Court for the District of Columbia or in the
United States District Court for the district in
which the violation is alleged to have occurred
by the filing of a complaint with the court with-
in the 30-day period beginning on the date the
penalty order becomes final. The person filing
the complaint shall simultaneously send a copy
of the complaint by certified mail to the Admin-
istrator and the Attorney General.
‘‘(B) RECORD.—The Administrator shall
promptly file in the court a certified copy of the
record on which the order was issued.
‘‘(C) STANDARD OF REVIEW.—The court
shall not set aside or remand the order unless
the court finds that there is not substantial evi-
dence in the record, taken as a whole, to sup-
port the finding of a violation or that the as-
sessment of the penalty by the Administrator
constitutes an abuse of discretion.
154
‘‘(D) PROHIBITION ON ADDITIONAL PEN-
ALTIES.—The court may not impose an addi-
tional civil penalty for a violation that is subject
to the order unless the court finds that the as-
sessment constitutes an abuse of discretion by
the Administrator.’’.
(c) CITIZEN ENFORCEMENT.—The first sentence of
section 1449(a) (42 U.S.C. 300j–8(a)) is amended—
(1) in paragraph (1), by striking ‘‘, or’’ and in-
serting a semicolon;
(2) in paragraph (2), by striking the period at
the end and inserting ‘‘; or’’; and
(3) by adding at the end the following:
‘‘(3) for the collection of a penalty (and associ-
ated costs and interest) against any Federal agency
that fails, by the date that is 1 year after the effec-
tive date of a final order to pay a penalty assessed
by the Administrator under section 1447(d), to pay
the penalty.’’.
(d) WASHINGTON AQUEDUCT.—Section 1447 (42
U.S.C. 300j–6) (as amended by subsection (b)) is further
amended by adding at the end the following:
‘‘(e) WASHINGTON AQUEDUCT.—The Washington
Aqueduct Authority, the Army Corps of Engineers, and
the Secretary of the Army shall not pass the cost of any
155
penalty assessed under this title on to any customer, user,
or other purchaser of drinking water from the Washington
Aqueduct system, including finished water from the
Dalecarlia or McMillan treatment plant.’’.
SEC. 23. RESEARCH.
Section 1442 (42 U.S.C. 300j–1) (as amended by sec-
tion 12(d)) is further amended—
(1) by redesignating paragraph (3) of sub-
section (b) as paragraph (3) of subsection (d) and
moving such paragraph to appear after paragraph
(2) of subsection (d);
(2) by striking subsection (b) (as so amended);
(3) by redesignating subparagraph (B) of sub-
section (a)(2) as subsection (b) and moving such
subsection to appear after subsection (a);
(4) in subsection (a)—
(A) by striking paragraph (2) (as so
amended) and inserting the following:
‘‘(2) INFORMATION
AND
RESEARCH
FACILI-
TIES.—In carrying out this title, the Administrator
is authorized to—
‘‘(A) collect and make available informa-
tion pertaining to research, investigations, and
demonstrations with respect to providing a de-
pendably safe supply of drinking water, to-
156
gether with appropriate recommendations in
connection with the information; and
‘‘(B) make available research facilities of
the Agency to appropriate public authorities, in-
stitutions, and individuals engaged in studies
and research relating to this title.’’;
(B) by striking paragraph (3);
(C) by redesignating paragraph (11) as
paragraph (3) and moving such paragraph to
appear before paragraph (4); and
(D) by adding at the end the following:
‘‘(11) AUTHORIZATION OF APPROPRIATIONS.—
There are authorized to be appropriated to the Ad-
ministrator to carry out research authorized by this
section $25,000,000 for each of fiscal years 1994
through 2003, of which $4,000,000 shall be avail-
able for each fiscal year for research on the health
effects of arsenic in drinking water.’’;
(5) in subsection (b) (as so amended)—
(A) by striking ‘‘subparagraph’’ each place
it appears and inserting ‘‘subsection’’; and
(B) by adding at the end the following:
‘‘There are authorized to be appropriated to
carry out this subsection $8,000,000 for each of
fiscal years 1995 through 2003.’’;
157
(6) in the first sentence of subsection (c), by
striking ‘‘eighteen months after the date of enact-
ment of this subsection’’ and inserting ‘‘2 years
after the date of enactment of the Safe Drinking
Water Act Amendments of 1995, and every 5 years
thereafter’’;
(7) in subsection (d) (as amended by paragraph
(1))—
(A) in paragraph (1), by striking ‘‘, and’’
at the end and inserting a semicolon;
(B) in paragraph (2), by striking the pe-
riod at the end and inserting a semicolon;
(C) in paragraph (3), by striking the pe-
riod at the end and inserting ‘‘; and’’;
(D) by inserting after paragraph (3) the
following:
‘‘(4) develop and maintain a system for fore-
casting the supply of, and demand for, various pro-
fessional occupational categories and other occupa-
tional categories needed for the protection and treat-
ment of drinking water in each region of the United
States.’’; and
(E) by adding at the end the following:
‘‘There are authorized to be appropriated to
158
carry out this subsection $10,000,000 for each
of fiscal years 1994 through 2003.’’; and
(8) by adding at the end the following:
‘‘(i) BIOLOGICAL MECHANISMS.—In carrying out this
section, the Administrator shall conduct studies to—
‘‘(1) understand the mechanisms by which
chemical contaminants are absorbed, distributed,
metabolized, and eliminated from the human body,
so as to develop more accurate physiologically based
models of the phenomena;
‘‘(2) understand the effects of contaminants
and the mechanisms by which the contaminants
cause adverse effects (especially noncancer and in-
fectious effects) and the variations in the effects
among humans, especially subpopulations at greater
risk of adverse effects, and between test animals and
humans; and
‘‘(3) develop new approaches to the study of
complex mixtures, such as mixtures found in drink-
ing water, especially to determine the prospects for
synergistic or antagonistic interactions that may af-
fect the shape of the dose-response relationship of
the individual chemicals and microbes, and to exam-
ine noncancer endpoints and infectious diseases, and
susceptible individuals and subpopulations.
159
‘‘(j) RESEARCH PRIORITIES.—To establish long-term
priorities for research under this section, the Adminis-
trator shall develop, and periodically update, an integrated
risk characterization strategy for drinking water quality.
The strategy shall identify unmet needs, priorities for
study, and needed improvements in the scientific basis for
activities carried out under this title. The initial strategy
shall be made available to the public not later than 3 years
after the date of enactment of this subsection.
‘‘(k) RESEARCH PLAN FOR HARMFUL SUBSTANCES
IN DRINKING WATER.—
‘‘(1) DEVELOPMENT OF PLAN.—The Adminis-
trator shall—
‘‘(A) not later than 180 days after the date
of enactment of this subsection, after consulta-
tion with the Secretary of Health and Human
Services, the Secretary of Agriculture, and, as
appropriate, the heads of other Federal agen-
cies, develop a research plan to support the de-
velopment and implementation of the most cur-
rent version of the—
‘‘(i) enhanced surface water treatment
rule (59 Fed. Reg. 38832 (July 29,
1994));
160
‘‘(ii) disinfectant and disinfection by-
products rule (Stage 2) (59 Fed. Reg.
38668 (July 29, 1994)); and
‘‘(iii) ground water disinfection rule
(availability of draft summary announced
at 57 Fed. Reg. 33960 (July 31, 1992));
and
‘‘(B) carry out the research plan, after
consultation and appropriate coordination with
the Secretary of Agriculture and the heads of
other Federal agencies.
‘‘(2) CONTENTS OF PLAN.—
‘‘(A) IN
GENERAL.—The research plan
shall include, at a minimum—
‘‘(i) an identification and character-
ization of new disinfection byproducts asso-
ciated with the use of different disinfect-
ants;
‘‘(ii) toxicological studies and, if war-
ranted, epidemiological studies to deter-
mine what levels of exposure from dis-
infectants and disinfection byproducts, if
any, may be associated with developmental
and birth defects and other potential toxic
end points;
162
pathogens (including cryptosporidium) and
disinfection byproducts.
‘‘(B) RISK
DEFINITION
STRATEGY.—The
research plan shall include a strategy for deter-
mining the risks and estimated extent of dis-
ease resulting from pathogens, disinfectants,
and disinfection byproducts in drinking water,
and the costs and removal efficiencies associ-
ated with various control methods for patho-
gens, disinfectants, and disinfection byproducts.
‘‘(3) IMPLEMENTATION OF PLAN.—In carrying
out the research plan, the Administrator shall use
the most cost-effective mechanisms available, includ-
ing coordination of research with, and use of match-
ing funds from, institutions and utilities.
‘‘(4) AUTHORIZATION
OF
APPROPRIATIONS.—
There are authorized to be appropriated to carry out
this subsection $12,500,000 for each of fiscal years
1997 through 2003.
‘‘(l) SUBPOPULATIONS AT GREATER RISK.—
‘‘(1) RESEARCH
PLAN.—The Administrator
shall conduct a continuing program of peer-reviewed
research to identify groups within the general popu-
lation that may be at greater risk than the general
population of adverse health effects from exposure to
163
contaminants in drinking water. Not later than 1
year after the date of enactment of this subsection,
the Administrator shall develop and implement a re-
search plan to establish whether and to what degree
infants, children, pregnant women, the elderly, indi-
viduals with a history of serious illness, or other sub-
populations that can be identified and characterized
are likely to experience elevated health risks, includ-
ing risks of cancer, from contaminants in drinking
water.
‘‘(2) CONTENTS OF PLAN.—To the extent ap-
propriate, the research shall be—
‘‘(A) integrated into the health effects re-
search plan carried out by the Administrator to
support the regulation of specific contaminants
under this Act; and
‘‘(B) designed to identify—
‘‘(i) the nature and extent of the ele-
vated health risks, if any;
‘‘(ii) the groups likely to experience
the elevated health risks;
‘‘(iii) biological mechanisms and other
factors that may contribute to elevated
health risks for groups within the general
population;
164
‘‘(iv) the degree of variability of the
health risks to the groups from the health
risks to the general population;
‘‘(v) the threshold, if any, at which
the elevated health risks for a specific con-
taminant occur; and
‘‘(vi) the probability of the exposure
to the contaminants by the identified
group.
‘‘(3) REPORT.—Not later than 4 years after the
date of enactment of this subsection and periodically
thereafter as new and significant information be-
comes available, the Administrator shall report to
Congress on the results of the research.
‘‘(4) USE OF RESEARCH.—In characterizing the
health effects of drinking water contaminants under
this Act, the Administrator shall consider all rel-
evant factors, including the results of research under
this subsection, the margin of safety for variability
in the general population, and sound scientific prac-
tices (including the 1993 and 1994 reports of the
National Academy of Sciences) regarding subpopula-
tions at greater risk for adverse health effects.’’.
165
SEC. 24. DEFINITIONS.
(a) IN GENERAL.—Section 1401 (42 U.S.C. 300f) is
amended—
(1) in paragraph (1)—
(A) in subparagraph (D), by inserting ‘‘ac-
cepted methods for’’ before ‘‘quality control’’;
and
(B) by adding at the end the following:
‘‘At any time after promulgation of a regulation re-
ferred to in this paragraph, the Administrator may
add equally effective quality control and testing pro-
cedures by guidance published in the Federal Reg-
ister. The procedures shall be treated as an alter-
native for public water systems to the quality control
and testing procedures listed in the regulation.’’;
(2) in paragraph (13)—
(A) by striking ‘‘The’’ and inserting ‘‘(A)
Except as provided in subparagraph (B), the’’;
and
(B) by adding at the end the following:
‘‘(B) For purposes of part G, the term ‘State’
means each of the 50 States and the Commonwealth
of Puerto Rico.’’;
(3) in paragraph (14), by adding at the end the
following: ‘‘For purposes of part G, the term in-
cludes any Native village (as defined in section 3(c)
166
of the Alaska Native Claims Settlement Act (43
U.S.C. 1602(c))).’’; and
(4) by adding at the end the following:
‘‘(15) COMMUNITY WATER SYSTEM.—The term
‘community water system’ means a public water sys-
tem that—
‘‘(A) serves at least 15 service connections
used by year-round residents of the area served
by the system; or
‘‘(B) regularly serves at least 25 year-
round residents.
‘‘(16) NONCOMMUNITY
WATER
SYSTEM.—The
term ‘noncommunity water system’ means a public
water system that is not a community water sys-
tem.’’.
(b) PUBLIC WATER SYSTEM.—
(1) IN GENERAL.—Section 1401(4) (42 U.S.C.
300f(4)) is amended—
(A) in the first sentence, by striking
‘‘piped water for human consumption’’ and in-
serting ‘‘water for human consumption through
pipes or other constructed conveyances’’;
(B) by redesignating subparagraphs (A)
and (B) as clauses (i) and (ii), respectively;
167
(C) by striking ‘‘(4) The’’ and inserting
the following:
‘‘(4) PUBLIC WATER SYSTEM.—
‘‘(A) IN GENERAL.—The’’; and
(D) by adding at the end the following:
‘‘(B) CONNECTIONS.—
‘‘(i) IN
GENERAL.—For purposes of
subparagraph (A), a connection to a sys-
tem that delivers water by a constructed
conveyance other than a pipe shall not be
considered a connection, if—
‘‘(I) the water is used exclusively
for purposes other than residential
uses (consisting of drinking, bathing,
and cooking, or other similar uses);
‘‘(II) the Administrator or the
State (in the case of a State exercis-
ing primary enforcement responsibility
for public water systems) determines
that alternative water to achieve the
equivalent level of public health pro-
tection provided by the applicable na-
tional primary drinking water regula-
tion is provided for residential or simi-
lar uses for drinking and cooking; or
168
‘‘(III) the Administrator or the
State (in the case of a State exercis-
ing primary enforcement responsibility
for public water systems) determines
that the water provided for residential
or similar uses for drinking and cook-
ing is centrally treated or treated at
the point of entry by the provider, a
pass-through entity, or the user to
achieve the equivalent level of protec-
tion provided by the applicable na-
tional primary drinking water regula-
tions.
‘‘(ii) IRRIGATION DISTRICTS.—An irri-
gation district in existence prior to May
18, 1994, that provides primarily agricul-
tural service through a piped water system
with only incidental residential use shall
not be considered to be a public water sys-
tem if the system or the residential users
of the system comply with subclause (II)
or (III) of clause (i).
‘‘(C) TRANSITION PERIOD.—A water sup-
plier that would be a public water system only
as a result of modifications made to this para-
169
graph by the Safe Drinking Water Act Amend-
ments of 1995 shall not be considered a public
water system for purposes of the Act until the
date that is two years after the date of enact-
ment of this subparagraph, if during such two-
year period the water supplier complies with the
monitoring requirements of the Surface Water
Treatment Rule and no indicator of microbial
contamination is exceeded during that period. If
a water supplier does not serve 15 service con-
nections (as defined in subparagraphs (A) and
(B)) or 25 people at any time after the conclu-
sion of the two-year period, the water supplier
shall not be considered a public water system.’’.
SEC. 25. WATERSHED AND GROUND WATER PROTECTION.
(a) STATE GROUND WATER PROTECTION GRANTS.—
Section 1443 (42 U.S.C. 300j–2) is amended—
(1) by redesignating subsection (c) as sub-
section (d); and
(2) by inserting after subsection (b) the follow-
ing:
‘‘(c) 
STATE
GROUND
WATER
PROTECTION
GRANTS.—
‘‘(1) IN
GENERAL.—The Administrator may
make a grant to a State for the development and
170
implementation of a State program to ensure the co-
ordinated and comprehensive protection of ground
water resources within the State.
‘‘(2) GUIDANCE.—Not later than 1 year after
the date of enactment of the Safe Drinking Water
Act Amendments of 1995, and annually thereafter,
the Administrator shall publish guidance that estab-
lishes procedures for application for State ground
water protection program assistance and that identi-
fies key elements of State ground water protection
programs.
‘‘(3) CONDITIONS OF GRANTS.—
‘‘(A) IN
GENERAL.—The Administrator
shall award grants to States that submit an ap-
plication that is approved by the Administrator.
The Administrator shall determine the amount
of a grant awarded pursuant to this paragraph
on the basis of an assessment of the extent of
ground water resources in the State and the
likelihood that awarding the grant will result in
sustained and reliable protection of ground
water quality.
‘‘(B) INNOVATIVE
PROGRAM
GRANTS.—
The Administrator may also award a grant pur-
suant to this paragraph for innovative programs
171
proposed by a State for the prevention of
ground water contamination.
‘‘(C) ALLOCATION
OF
FUNDS.—The Ad-
ministrator shall, at a minimum, ensure that,
for each fiscal year, not less than 1 percent of
funds made available to the Administrator by
appropriations to carry out this subsection are
allocated to each State that submits an applica-
tion that is approved by the Administrator pur-
suant to this subsection.
‘‘(D) LIMITATION ON GRANTS.—No grant
awarded by the Administrator may be used for
a project to remediate ground water contamina-
tion.
‘‘(4) COORDINATION WITH OTHER GRANT PRO-
GRAMS.—The awarding of grants by the Adminis-
trator pursuant to this subsection shall be coordi-
nated with the awarding of grants pursuant to sec-
tion 319(i) of the Federal Water Pollution Control
Act (33 U.S.C. 1329(i)) and the awarding of other
Federal grant assistance that provides funding for
programs related to ground water protection.
‘‘(5) AMOUNT OF GRANTS.—The amount of a
grant awarded pursuant to paragraph (1) shall not
exceed 50 percent of the eligible costs of carrying
172
out the ground water protection program that is the
subject of the grant (as determined by the Adminis-
trator) for the 1-year period beginning on the date
that the grant is awarded. The State shall pay a
State share to cover the costs of the ground water
protection program from State funds in an amount
that is not less than 50 percent of the cost of con-
ducting the program.
‘‘(6) EVALUATIONS AND REPORTS.—Not later
than 3 years after the date of enactment of the Safe
Drinking Water Act Amendments of 1995, and
every 3 years thereafter, the Administrator shall
evaluate the State ground water protection programs
that are the subject of grants awarded pursuant to
this subsection and report to Congress on the status
of ground water quality in the United States and the
effectiveness of State programs for ground water
protection.
‘‘(7) AUTHORIZATION
OF
APPROPRIATIONS.—
There are authorized to be appropriated to carry out
this subsection $20,000,000 for each of fiscal years
1995 through 2003.’’.
(b) CRITICAL AQUIFER PROTECTION.—Section 1427
(42 U.S.C. 300h–6) is amended—
173
(1) in subsection (b)(1), by striking ‘‘not later
than 24 months after the enactment of the Safe
Drinking Water Act Amendments of 1986’’; and
(2) in the first sentence of subsection (n), by
adding at the end the following:
‘‘1992–2003 ..............................................................................
15,000,000.’’.
(c) 
WELLHEAD
PROTECTION
AREAS.—Section
1428(k) (42 U.S.C. 300h–7(k)) is amended by adding at
the end the following:
‘‘1992–2003 ..............................................................................
30,000,000.’’.
(d) UNDERGROUND INJECTION CONTROL GRANT.—
Section 1443(b)(5) (42 U.S.C. 300j–2(b)(5)) is amended
by adding at the end the following:
‘‘1992–2003 ..............................................................................
15,000,000.’’.
(e) REPORT TO CONGRESS ON PRIVATE DRINKING
WATER.—Section 1450 (42 U.S.C. 300j–9) is amended by
striking subsection (h) and inserting the following:
‘‘(h) REPORT TO CONGRESS ON PRIVATE DRINKING
WATER.—The Administrator shall conduct a study to de-
termine the extent and seriousness of contamination of
private sources of drinking water that are not regulated
under this title. Not later than 3 years after the date of
enactment of the Safe Drinking Water Act Amendments
of 1995, the Administrator shall submit to Congress a re-
port that includes the findings of the study and rec-
ommendations by the Administrator concerning responses
174
to any problems identified under the study. In designing
and conducting the study, including consideration of re-
search design, methodology, and conclusions and rec-
ommendations, the Administrator shall consult with ex-
perts 
outside 
the 
Agency, 
including 
scientists,
hydrogeologists, well contractors and suppliers, and other
individuals knowledgeable in ground water protection and
remediation.’’.
(f) NATIONAL CENTER FOR GROUND WATER RE-
SEARCH.—The Administrator of the Environmental Pro-
tection Agency, acting through the Robert S. Kerr Envi-
ronmental Research Laboratory, is authorized to reestab-
lish a partnership between the Laboratory and the Na-
tional Center for Ground Water Research, a university
consortium, to conduct research, training, and technology
transfer for ground water quality protection and restora-
tion.
(g) WATERSHED
PROTECTION
DEMONSTRATION
PROGRAM.—
(1) The heading of section 1443 (42 U.S.C.) is
amended to read as follows:
‘‘Grants for State and local programs’’
(2) Section 1443 (42 U.S.C.) is amended by
adding at the end thereof the following:
175
‘‘(e) WATERSHED
PROTECTION
DEMONSTRATION
PROGRAM.—
‘‘(1) IN GENERAL.—
‘‘(A) ASSISTANCE
FOR
DEMONSTRATION
PROJECTS.—The Administrator is authorized to
provide technical and financial assistance to
units of State or local government for projects
that demonstrate and assess innovative and en-
hanced methods and practices to develop and
implement watershed protection programs in-
cluding methods and practices that protect both
surface and ground water. In selecting projects
for assistance under this subsection, the Admin-
istrator shall give priority to projects that are
carried out to satisfy criteria published under
section 1412(b)(7)(C) or that are identified
through programs developed and implemented
pursuant to section 1428.
‘‘(B) MATCHING REQUIREMENTS.—Federal
assistance provided under this subsection shall
not exceed 35 percent of the total cost of the
protection program being carried out for any
particular watershed or ground water recharge
area.
176
‘‘(2) NEW YORK CITY WATERSHED PROTECTION
PROGRAM.—
‘‘(A) IN GENERAL.—Pursuant to the au-
thority of paragraph (1), the Administrator is
authorized to provide financial assistance to the
State of New York for demonstration projects
implemented as part of the watershed program
for the protection and enhancement of the qual-
ity of source waters of the New York City water
supply system. Demonstration projects which
shall be eligible for financial assistance shall be
certified to the Administrator by the State of
New York as satisfying the purposes of this
subsection and shall include those projects that
demonstrate, assess, or provide for comprehen-
sive monitoring, surveillance, and research with
respect to the efficacy of phosphorus offsets or
trading, wastewater diversion, septic system
siting and maintenance, innovative or enhanced
wastewater treatment technologies, innovative
methodologies for the control of storm water
runoff, urban, agricultural, and forestry best
management practices for controlling nonpoint
source pollution, operator training, compliance
surveillance and that establish watershed or
177
basin-wide coordinating, planning or governing
organizations. In certifying projects to the Ad-
ministrator, the State of New York shall give
priority to these monitoring and research
projects that have undergone peer review.
‘‘(B) REPORT.—Not later than 5 years
after the date on which the Administrator first
provides assistance pursuant to this paragraph,
the Governor of the State of New York shall
submit a report to the Administrator on the re-
sults of projects assisted.
‘‘(3) AUTHORIZATION.—There are authorized to
be appropriated to the Administrator such sums as
are necessary to carry out this subsection for each
of fiscal years 1997 through 2003 including
$15,000,000 for each of such fiscal years for the
purpose of providing assistance to the State of New
York to carry out paragraph (2).’’.
SEC. 26. LEAD PLUMBING AND PIPES; RETURN FLOWS.
(a) FITTINGS
AND FIXTURES.—Section 1417 (42
U.S.C. 300g–6) is amended—
(1) in subsection (a)—
(A) by striking paragraph (1) and insert-
ing the following:
‘‘(1) PROHIBITIONS.—
178
‘‘(A) IN GENERAL.—No person may use
any pipe, any pipe or plumbing fitting or fix-
ture, any solder, or any flux, after June 19,
1986, in the installation or repair of—
‘‘(i) any public water system; or
‘‘(ii) any plumbing in a residential or
nonresidential facility providing water for
human consumption,
that is not lead free (within the meaning of
subsection (d)).
‘‘(B) LEADED JOINTS.—Subparagraph (A)
shall not apply to leaded joints necessary for
the repair of cast iron pipes.’’;
(B) in paragraph (2)(A), by inserting after
‘‘Each’’ the following: ‘‘owner or operator of a’’;
and
(C) by adding at the end the following:
‘‘(3) UNLAWFUL ACTS.—Effective 2 years after
the date of enactment of this paragraph, it shall be
unlawful—
‘‘(A) for any person to introduce into com-
merce any pipe, or any pipe or plumbing fitting
or fixture, that is not lead free, except for a
pipe that is used in manufacturing or industrial
processing;
179
‘‘(B) for any person engaged in the busi-
ness of selling plumbing supplies, except manu-
facturers, to sell solder or flux that is not lead
free; or
‘‘(C) for any person to introduce into com-
merce any solder or flux that is not lead free
unless the solder or flux bears a prominent
label stating that it is illegal to use the solder
or flux in the installation or repair of any
plumbing providing water for human consump-
tion.’’;
(2) in subsection (d)—
(A) in paragraph (1), by striking ‘‘lead,
and’’ and inserting ‘‘lead;’’;
(B) in paragraph (2), by striking ‘‘lead.’’
and inserting ‘‘lead; and’’; and
(C) by adding at the end the following:
‘‘(3) when used with respect to plumbing fit-
tings and fixtures, refers to plumbing fittings and
fixtures in compliance with standards established in
accordance with subsection (e).’’; and
(3) by adding at the end the following:
‘‘(e) PLUMBING FITTINGS AND FIXTURES.—
‘‘(1) IN
GENERAL.—The Administrator shall
provide accurate and timely technical information
180
and assistance to qualified third-party certifiers in
the development of voluntary standards and testing
protocols for the leaching of lead from new plumbing
fittings and fixtures that are intended by the manu-
facturer to dispense water for human ingestion.
‘‘(2) STANDARDS.—
‘‘(A) IN GENERAL.—If a voluntary stand-
ard for the leaching of lead is not established
by the date that is 1 year after the date of en-
actment of this subsection, the Administrator
shall, not later than 2 years after the date of
enactment of this subsection, promulgate regu-
lations setting a health-effects-based perform-
ance standard establishing maximum leaching
levels from new plumbing fittings and fixtures
that are intended by the manufacturer to dis-
pense water for human ingestion. The standard
shall become effective on the date that is 5
years after the date of promulgation of the
standard.
‘‘(B) 
ALTERNATIVE
REQUIREMENT.—If
regulations are required to be promulgated
under subparagraph (A) and have not been pro-
mulgated by the date that is 5 years after the
date of enactment of this subsection, no person
181
may import, manufacture, process, or distribute
in commerce a new plumbing fitting or fixture,
intended by the manufacturer to dispense water
for human ingestion, that contains more than 4
percent lead by dry weight.’’.
(b) WATER RETURN FLOWS.—Section 3013 of Pub-
lic Law 102–486 (42 U.S.C. 13551) is repealed.
(c) RECORDS AND INSPECTIONS.—Subparagraph (A)
of section 1445(a)(1) (42 U.S.C. 300j–4(a)(1)) (as des-
ignated by section 19(a)(1)(A)) is amended by striking
‘‘Every person’’ and all that follows through ‘‘is a grant-
ee,’’ and inserting ‘‘Every person who is subject to any
requirement of this title or who is a grantee’’.
SEC. 27. BOTTLED WATER.
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 the following:
‘‘(b)(1) After the Administrator of the Environmental
Protection Agency publishes a proposed maximum con-
taminant level, but not later than 180 days after the Ad-
ministrator of the Environmental Protection Agency pub-
lishes a final maximum contaminant level, for a contami-
182
nant 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 that establishes a qual-
ity level for the contaminant in bottled water or make a
finding that a regulation is not necessary to protect the
public health because the contaminant is contained in
water in the public water systems (as defined under sec-
tion 1401(4) of such Act (42 U.S.C. 300f(4)) and not in
water used for bottled drinking water. In the case of any
contaminant for which a national primary drinking water
regulation was promulgated before the date of enactment
of the Safe Drinking Water Act Amendments of 1995, the
Secretary shall issue the regulation or make the finding
required by this paragraph not later than 1 year after that
date.
‘‘(2) The regulation shall include any monitoring re-
quirements that the Secretary determines to be appro-
priate for bottled water.
‘‘(3) The regulation—
‘‘(A) shall require that the quality level for the
contaminant in bottled water be as stringent as the
maximum contaminant level for the contaminant
published by the Administrator of the Environ-
mental Protection Agency; and
183
‘‘(B) may require that the quality level be more
stringent than the maximum contaminant level if
necessary to provide ample public health protection
under this Act.
‘‘(4)(A) If the Secretary fails to establish a regulation
within the period described in paragraph (1), the regula-
tion with respect to the final maximum contaminant level
published by the Administrator of the Environmental Pro-
tection Agency (as described in such paragraph) shall be
considered, as of the date on which the Secretary is re-
quired to establish a regulation under paragraph (1), as
the final regulation for the establishment of the quality
level for a contaminant required under paragraph (1) for
the purpose of establishing or amending a bottled water
quality level standard with respect to the contaminant.
‘‘(B) Not later than 30 days after the end of the pe-
riod described in paragraph (1), the Secretary shall, with
respect to a maximum contaminant level that is considered
as a quality level under subparagraph (A), publish a notice
in the Federal Register that sets forth the quality level
and appropriate monitoring requirements required under
paragraphs (1) and (2) and that provides that the quality
level standard and requirements shall take effect on the
date on which the final regulation of the maximum con-
taminant level takes effect or 18 months after the notice
184
is issued pursuant to this subparagraph, whichever is
later.’’.
SEC. 28. OTHER AMENDMENTS.
(a) CAPITAL IMPROVEMENTS FOR THE WASHINGTON
AQUEDUCT.—
(1) AUTHORIZATIONS.—
(A) 
AUTHORIZATION
OF
MODERNIZA-
TION.—Subject to approval in, and in such
amounts as may be provided in appropriations
Acts, the Chief of Engineers of the Army Corps
of Engineers is authorized to modernize the
Washington Aqueduct.
(B) 
AUTHORIZATION
OF
APPROPRIA-
TIONS.—There is authorized to be appropriated
to the Army Corps of Engineers borrowing au-
thority in amounts sufficient to cover the full
costs of modernizing the Washington Aqueduct.
The borrowing authority shall be provided by
the Secretary of the Treasury, under such
terms and conditions as are established by the
Secretary of the Treasury, after a series of con-
tracts with each public water supply customer
has been entered into under paragraph (2).
(2) CONTRACTS WITH PUBLIC WATER SUPPLY
CUSTOMERS.—
185
(A) CONTRACTS TO REPAY CORPS DEBT.—
To the extent provided in appropriations Acts,
and in accordance with subparagraphs (B) and
(C), the Chief of Engineers of the Army Corps
of Engineers is authorized to enter into a series
of contracts with each public water supply cus-
tomer under which the customer commits to
repay a pro-rata share of the principal and in-
terest owed by the Army Corps of Engineers to
the Secretary of the Treasury under paragraph
(1). Under each of the contracts, the customer
that enters into the contract shall commit to
pay any additional amount necessary to fully
offset the risk of default on the contract.
(B) OFFSETTING OF RISK OF DEFAULT.—
Each contract under subparagraph (A) shall in-
clude such additional terms and conditions as
the Secretary of the Treasury may require so
that the value to the Government of the con-
tracts is estimated to be equal to the
obligational authority used by the Army Corps
of Engineers for modernizing the Washington
Aqueduct at the time that each series of con-
tracts is entered into.
186
(C) OTHER
CONDITIONS.—Each contract
entered into under subparagraph (A) shall—
(i) provide that the public water sup-
ply customer pledges future income from
fees assessed to operate and maintain the
Washington Aqueduct;
(ii) provide the United States priority
over all other creditors; and
(iii) include other conditions that the
Secretary of the Treasury determines to be
appropriate.
(3) BORROWING
AUTHORITY.—Subject to an
appropriation under paragraph (1)(B) and after en-
tering into a series of contracts under paragraph
(2), the Secretary, acting through the Chief of Engi-
neers of the Army Corps of Engineers, shall seek
borrowing authority from the Secretary of the
Treasury under paragraph (1)(B).
(4) DEFINITIONS.—In this subsection:
(A) PUBLIC WATER SUPPLY CUSTOMER.—
The term ‘‘public water supply customer’’
means the District of Columbia, the county of
Arlington, Virginia, and the city of Falls
Church, Virginia.
187
(B) VALUE TO THE GOVERNMENT.—The
term ‘‘value to the Government’’ means the net
present value of a contract under paragraph (2)
calculated under the rules set forth in subpara-
graphs (A) and (B) of section 502(5) of the
Congressional Budget Act of 1974 (2 U.S.C.
661a(5)), excluding section 502(5)(B)(i) of
such Act, as though the contracts provided for
the repayment of direct loans to the public
water supply customers.
(C) WASHINGTON AQUEDUCT.—The term
‘‘Washington Aqueduct’’ means the water sup-
ply system of treatment plants, raw water in-
takes, conduits, reservoirs, transmission mains,
and pumping stations owned by the Federal
Government located in the metropolitan Wash-
ington, District of Columbia, area.
(b) DRINKING WATER ADVISORY COUNCIL.—The
second sentence of section 1446(a) (42 U.S.C. 300j–6(a))
is amended by inserting before the period at the end the
following: ‘‘, of which two such members shall be associ-
ated with small, rural public water systems’’.
(c) SHORT TITLE.—
188
(1) IN GENERAL.—The title (42 U.S.C. 1401 et
seq.) is amended by inserting after the title heading
the following:
‘‘SHORT TITLE
‘‘SEC. 1400. This title may be cited as the ‘Safe
Drinking Water Act’.’’.
(2) CONFORMING AMENDMENT.—Section 1 of
Public Law 93–523 (88 Stat. 1660) is amended by
inserting ‘‘of 1974’’ after ‘‘Water Act’’.
(d) TECHNICAL AMENDMENTS TO SECTION HEAD-
INGS.—
(1) The section heading and subsection designa-
tion of subsection (a) of section 1417 (42 U.S.C.
300g–6) are amended to read as follows:
‘‘PROHIBITION ON USE OF LEAD PIPES, FITTINGS,
SOLDER, AND FLUX
‘‘SEC. 1417. (a)’’.
(2) The section heading and subsection designa-
tion of subsection (a) of section 1426 (42 U.S.C.
300h–5) are amended to read as follows:
‘‘REGULATION OF STATE PROGRAMS
‘‘SEC. 1426. (a)’’.
(3) The section heading and subsection designa-
tion of subsection (a) of section 1427 (42 U.S.C.
300h–6) are amended to read as follows:
189
‘‘SOLE SOURCE AQUIFER DEMONSTRATION PROGRAM
‘‘SEC. 1427. (a)’’.
(4) The section heading and subsection designa-
tion of subsection (a) of section 1428 (42 U.S.C.
300h–7) are amended to read as follows:
‘‘STATE PROGRAMS TO ESTABLISH WELLHEAD
PROTECTION AREAS
‘‘SEC. 1428. (a)’’.
(5) The section heading and subsection designa-
tion of subsection (a) of section 1432 (42 U.S.C.
300i–1) are amended to read as follows:
‘‘TAMPERING WITH PUBLIC WATER SYSTEMS
‘‘SEC. 1432. (a)’’.
(6) The section heading and subsection designa-
tion of subsection (a) of section 1451 (42 U.S.C.
300j–11) are amended to read as follows:
‘‘INDIAN TRIBES
‘‘SEC. 1451. (a)’’.
(7) The section heading and first word of sec-
tion 1461 (42 U.S.C. 300j–21) are amended to read
as follows:
‘‘DEFINITIONS
‘‘SEC. 1461. As’’.
(8) The section heading and first word of sec-
tion 1462 (42 U.S.C. 300j–22) are amended to read
as follows:
190
‘‘RECALL OF DRINKING WATER COOLERS WITH LEAD-
LINED TANKS
‘‘SEC. 1462. For’’.
(9) The section heading and subsection designa-
tion of subsection (a) of section 1463 (42 U.S.C.
300j–23) are amended to read as follows:
‘‘DRINKING WATER COOLERS CONTAINING LEAD
‘‘SEC. 1463. (a)’’.
(10) The section heading and subsection des-
ignation of subsection (a) of section 1464 (42 U.S.C.
300j–24) are amended to read as follows:
‘‘LEAD CONTAMINATION IN SCHOOL DRINKING WATER
‘‘SEC. 1464. (a)’’.
(11) The section heading and subsection des-
ignation of subsection (a) of section 1465 (42 U.S.C.
300j–25) are amended to read as follows:
‘‘FEDERAL ASSISTANCE FOR STATE PROGRAMS REGARD-
ING
LEAD
CONTAMINATION
IN
SCHOOL
DRINKING
WATER
‘‘SEC. 1465. (a)’’.
(e) PREVENTION AND CONTROL OF ZEBRA MUSSEL
INFESTATION OF LAKE CHAMPLAIN.—
(1) 
FINDINGS.—Section 
1002(a) 
of 
the
Nonindigenous Aquatic Nuisance Prevention and
Control Act of 1990 (16 U.S.C. 4701(a)) is amend-
ed—
191
(A) by striking ‘‘and’’ at the end of para-
graph (3);
(B) by striking the period at the end of
paragraph (4) and inserting ‘‘; and’’; and
(C) by adding at the end the following new
paragraph:
‘‘(5) the zebra mussel was discovered on Lake
Champlain during 1993 and the opportunity exists
to act quickly to establish zebra mussel controls be-
fore Lake Champlain is further infested and man-
agement costs escalate.’’.
(2) EX OFFICIO MEMBERS OF AQUATIC NUI-
SANCE SPECIES TASK FORCE.—Section 1201(c) of
such Act (16 U.S.C. 4721(c)) is amended by insert-
ing ‘‘, the Lake Champlain Basin Program,’’ after
‘‘Great Lakes Commission’’.
(3) AQUATIC NUISANCE SPECIES PROGRAM.—
Subsections (b)(6) and (i)(1) of section 1202 of such
Act (16 U.S.C. 4722) is amended by inserting ‘‘,
Lake Champlain,’’ after ‘‘Great Lakes’’ each place it
appears.
(4) AUTHORIZATION
OF
APPROPRIATIONS.—
Section 1301(b) of such Act (16 U.S.C. 4741(b)) is
amended—
192
(A) in paragraph (3), by inserting ‘‘, and
the Lake Champlain Research Consortium,’’
after ‘‘Laboratory’’; and
(B) in paragraph (4)(A)—
(i) by inserting after ‘‘(33 U.S.C.
1121 et seq.)’’ the following: ‘‘and grants
to colleges for the benefit of agriculture
and the mechanic arts referred to in the
first section of the Act of August 30, 1890
(26 Stat 417, chapter 841; 7 U.S.C.
322)’’; and
(ii) by inserting ‘‘and the Lake Cham-
plain basin’’ after ‘‘Great Lakes region’’.
(f) SOUTHWEST CENTER FOR ENVIRONMENTAL RE-
SEARCH AND POLICY.—
(1) ESTABLISHMENT OF CENTER.—The Admin-
istrator of the Environmental Protection Agency
shall take such action as may be necessary to estab-
lish the Southwest Center for Environmental Re-
search and Policy (hereinafter referred to as ‘‘the
Center’’).
(2) MEMBERS OF THE CENTER.—The Center
shall consist of a consortium of American and Mexi-
can universities, including New Mexico State Univer-
sity; the University of Utah; the University of Texas
193
at El Paso; San Diego State University; Arizona
State University; and four educational institutions in
Mexico.
(3) FUNCTIONS.—Among its functions, the
Center shall—
(A) conduct research and development pro-
grams, projects and activities, including train-
ing and community service, on United States-
Mexico border environmental issues, with par-
ticular emphasis on water quality and safe
drinking water;
(B) provide objective, independent assist-
ance to the EPA and other Federal, State and
local agencies involved in environmental policy,
research, training and enforcement, including
matters affecting water quality and safe drink-
ing water throughout the southwest border re-
gion of the United States; and
(C) help to coordinate and facilitate the
improvement of environmental policies and pro-
grams between the United States and Mexico,
including water quality and safe drinking water
policies and programs.
(4) AUTHORIZATION
OF
APPROPRIATIONS.—
There are authorized to be appropriated to the Ad-
194
ministrator $10,000,000 for each of the fiscal years
1996 through 2003 to carry out the programs,
projects and activities of the Center. Funds made
available pursuant to this paragraph shall be distrib-
uted by the Administrator to the university members
of the Center located in the United States.
(g) ESTROGENIC SUBSTANCES SCREENING PRO-
GRAM.—
(1) DEVELOPMENT.—Not later than 1 year
after the date of enactment of this subsection, the
Administrator shall develop a screening program,
using appropriate validated test systems, to deter-
mine whether certain substances may have an effect
in humans that is similar to an effect produced by
a naturally occurring estrogen, or such other endo-
crine effect as the Administrator may designate.
(2) IMPLEMENTATION.—Not later than 2 years
after the date of enactment of this subsection, after
obtaining review of the screening program described
in paragraph 1 by the scientific advisory panel es-
tablished under section 25(d) of the Act of June 25,
1947 (chapter 125), and the Science Advisory Board
established by section 8 of the Environmental Re-
search, Development, and Demonstration Act of
195
1978 (42 U.S.C. 4365), the Administrator shall im-
plement the program.
(3) SUBSTANCES.—In carrying out the screen-
ing program described in paragraph (1), the Admin-
istrator shall provide for the testing of all active and
inert ingredients used in products described in sec-
tion 103(e) of the Comprehensive Environmental Re-
sponse, Compensation, and Liability Act of 1980 (42
U.S.C. 9603(e)), and may provide for the testing of
any other substance if the Administrator determines
that a widespread population may be exposed to the
substance.
(4) EXEMPTION.—Notwithstanding paragraph
(3), the Administrator may, by regulation, exempt
from the requirements of this subsection a biologic
substance or other substance if the Administrator
determines that the substance does not have any ef-
fect in humans similar to an effect produced by a
naturally occurring estrogen.
(5) COLLECTION OF INFORMATION.—
(A) IN
GENERAL.—The Administrator
shall issue an order to a person that manufac-
tures a substance for which testing is required
under this subsection to conduct testing in ac-
cordance with the screening program described
196
in paragraph (1), and submit information ob-
tained from the testing to the Administrator,
within a time period that the Administrator de-
termines is sufficient for the generation of the
information.
(B) FAILURE TO SUBMIT INFORMATION.—
(i) SUSPENSION.—If a person referred
to in subparagraph (A) fails to submit the
information required under such subpara-
graph within the time period established by
the order, the Administrator shall issue a
notice of intent to suspend the sale or dis-
tribution of the substance by the person.
Any suspension proposed under this sub-
paragraph shall become final at the end of
the 30-day period beginning on the date
that the person receives the notice of in-
tent to suspend, unless during that period
a person adversely affected by the notice
requests a hearing or the Administrator
determines that the person referred to in
subparagraph (A) has complied fully with
this paragraph.
(ii) HEARING.—If a person requests a
hearing under clause (i), the hearing shall
197
be conducted in accordance with section
554 of title 5, United States Code. The
only matter for resolution at the hearing
shall be whether the person has failed to
submit information required under this
paragraph. A decision by the Adminis-
trator after completion of a hearing shall
be considered to be a final agency action.
(iii) 
TERMINATION
OF
SUSPEN-
SIONS.—The Administrator shall terminate
a suspension under this subparagraph is-
sued with respect to a person if the Ad-
ministrator determines that the person has
complied fully with this paragraph.
(6) AGENCY ACTION.—In the case of any sub-
stance that is found to have a potential adverse ef-
fect on humans as a result of testing and evaluation
under this subsection, the Administrator shall take
such action, including appropriate regulatory action
by rule or by order under statutory authority avail-
able to the Administrator, as is necessary to ensure
the protection of public health.
(7) REPORT TO CONGRESS.—Not later than 4
years after the date of enactment of this subsection,
198
the Administrator shall prepare and submit to Con-
gress a report containing—
(A) the findings of the Administrator re-
sulting from the screening program described in
paragraph (1);
(B) recommendations for further testing
and research needed to evaluate the impact on
human health of the substances tested under
the screening program; and
(C) recommendations for any further ac-
tions (including any action described in para-
graph (6)) that the Administrator determines
are appropriate based on the findings.
(h) GRANTS TO ALASKA TO IMPROVE SANITATION IN
RURAL AND NATIVE VILLAGES.—
(1) IN
GENERAL.—The Administrator of the
Environmental Protection Agency may make grants
to the State of Alaska for the benefit of rural and
Native villages in Alaska to pay the Federal share
of the cost of—
(A) the development and construction of
water and wastewater systems to improve the
health and sanitation conditions in the villages;
and
199
(B) training, technical assistance, and edu-
cational programs relating to the operation and
management of sanitation services in rural and
Native villages.
(2) FEDERAL SHARE.—The Federal share of
the cost of the activities described in paragraph (1)
shall be 50 percent.
(3) ADMINISTRATIVE EXPENSES.—The State of
Alaska may use an amount not to exceed 4 percent
of any grant made available under this subsection
for administrative expenses necessary to carry out
the activities described in paragraph (1).
(4) CONSULTATION WITH THE STATE OF ALAS-
KA.—The Administrator shall consult with the State
of Alaska on a method of prioritizing the allocation
of grants under paragraph (1) according to the
needs of, and relative health and sanitation condi-
tions in, each eligible village.
(5) AUTHORIZATION
OF
APPROPRIATIONS.—
There are authorized to be appropriated such sums
as are necessary for each of the fiscal years 1996
through 2003 to carry out this subsection.
(i) ASSISTANCE TO COLONIAS.—
(1) DEFINITIONS.—As used in this sub-
section—
200
(A) ELIGIBLE COMMUNITY.—The term ‘‘el-
igible community’’ means a low-income commu-
nity with economic hardship that—
(i) is commonly referred to as a
colonia;
(ii) is located along the United States-
Mexico border (generally in an unincor-
porated area); and
(iii) lacks basic sanitation facilities
such as a safe drinking water supply,
household plumbing, and a proper sewage
disposal system.
(B) BORDER
STATE.—The term ‘‘border
State’’ means Arizona, California, New Mexico
and Texas.
(C) 
TREATMENT
WORKS.—The 
term
‘‘treatment works’’ has the meaning provided in
section 212(2) of the Federal Water Pollution
Control Act (33 U.S.C. 1292(2)).
(2) GRANTS TO ALLEVIATE HEALTH RISKS.—
The Administrator of the Environmental Protection
Agency and the heads of other appropriate Federal
agencies are authorized to award grants to any ap-
propriate entity or border State to provide assistance
to eligible communities for—
201
(A) the conservation, development, use and
control (including the extension or improvement
of a water distribution system) of water for the
purpose of supplying drinking water; and
(B) the construction or improvement of
sewers and treatment works for wastewater
treatment.
(3) USE OF FUNDS.—Each grant awarded pur-
suant to paragraph (2) shall be used to provide as-
sistance to one or more eligible community with re-
spect to which the residents are subject to a signifi-
cant health risk (as determined by the Administrator
or the head of the Federal agency making the grant)
attributable to the lack of access to an adequate and
affordable drinking water supply system or treat-
ment works for wastewater.
(4) OPERATION AND MAINTENANCE.—The Ad-
ministrator and the heads of other appropriate Fed-
eral agencies, other entities or border States are au-
thorized to use funds appropriated pursuant to this
subsection to operate and maintain a treatment
works or other project that is constructed with funds
made available pursuant to this subsection.
(5) PLANS AND SPECIFICATIONS.—Each treat-
ment works or other project that is funded by a
202
grant awarded pursuant to this subsection shall be
constructed in accordance with plans and specifica-
tions approved by the Administrator, the head of the
Federal agency making the grant, or the border
State in which the eligible community is located. The
standards for construction applicable to a treatment
works or other project eligible for assistance under
title II of the Federal Water Pollution Control Act
(33 U.S.C. 1281 et seq.) shall apply to the construc-
tion of a treatment works or project under this sub-
section in the same manner as the standards apply
under such title.
(6) AUTHORIZATION
OF
APPROPRIATIONS.—
There are authorized to be appropriated to carry out
this subsection such sums as may be necessary for
fiscal years 1996 through 2003.
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