[Congressional Record Volume 140, Number 58 (Thursday, May 12, 1994)]
[Senate]
[Page S]
From the Congressional Record Online through the Government Printing Office [www.gpo.gov]


[Congressional Record: May 12, 1994]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]

 
                          AMENDMENTS SUBMITTED

                                 ______


               SAFE DRINKING WATER ACT AMENDMENTS OF 1994

                                 ______


                 BAUCUS (AND OTHERS) AMENDMENT NO. 1698

  Mr. BAUCUS (for himself, Mr. Chafee, Mr. Hatfield, Mr. Kerrey, and 
Mr. Exon) proposed an amendment to the bill (S. 2019) to reauthorize 
and amend title XIV of the Public Health Service Act (commonly known as 
the ``Safe Drinking Water Act''), and for other purposes; as follows:

                       State Revolving Loan Funds

       On page 5, line 7, insert ``, except as provided in 
     subsection (c)(4)'' after ``the State''.
       On page 5, lines 22 through 24, strike ``and carry out 
     oversight and related activities (other than financial 
     administration) with respect to'' and insert ``for''.
       On page 6, line 11, insert ``or other State revolving funds 
     providing financing for similar purposes'' after ``(33 U.S.C. 
     1381 et seq.)''.
       On page 6, line 16, insert ``of and in compliance with the 
     requirements'' after ``purposes''.
       On page 7, lines 3 and 4, strike ``up to 50 percent of a 
     capitalization grant'' and insert ``in any year a dollar 
     amount up to the dollar amount that may be reserved under 
     clause (i) for that year from capitalization grants''.
       On page 7, between lines 13 and 14, insert the following 
     new paragraph:
       ``(4) State match.--Notwithstanding subsection (b)(5), a 
     State shall not be required to deposit a State matching 
     amount in the fund prior to the date on which each payment is 
     made for payments from funds appropriated for fiscal years 
     1994 and 1995, if the matching amounts for the payments are 
     deposited in the State fund prior to September 30, 1998.
       On page 8, line 3, insert ``the minimum proportionate share 
     established in the formula shall be 1 percent of available 
     funds and'' after ``except that''.
       On page 10, line 5, strike ``protection plan'' and insert 
     ``quality protection petition program''.
       On page 11, line 13, insert ``before a date that is 180 
     days prior to the date of the obligation of a new allotment'' 
     after ``accumulated''.
       On page 11, after line 25, insert the following new 
     paragraph:
       ``(3) Allotment of withheld funds.--All funds withheld by 
     the Administrator pursuant to subsection (g) and section 
     1442(e)(4) shall be allotted by the Administrator on the 
     basis of the same ratio as is applicable to funds allotted 
     under subsection (b). None of the funds allotted by the 
     Administrator pursuant to this paragraph shall be allotted to 
     a State unless the State has viability authority pursuant to 
     section 1418 and has an adequate certification program 
     pursuant to section 1442(e).
       On page 12, line 26, insert ``or for a consolidation 
     project'' after ``treatment facility''.
       On page 16, line 18, strike ``such''.
       On page 16, lines 20 through 22, strike ``for projects for 
     the community as necessary to ensure conformity with 
     affordability criteria established by the State''.
       On page 17, line 18, insert ``and source water quality 
     protection petition program'' after ``program''.
       On page 20, line 22, strike ``1 year'' and insert ``2 
     years''.
       On page 20, line 23, strike ``annually'' and insert 
     ``biennially''.
       On page 21, line 11, insert ``owned or controlled by 
     community water systems'' after ``facilities''.

                        Drinking Water Standards

       On page 23, line 23, after ``Sec. 1479.'', insert the 
     following: ``(a) General Authorization.--''.
       On page 24, line 2, strike the quotation marks and the 
     following period.
       On page 24, between lines 2 and 3, insert the following new 
     subsection:
       ``(b) National Academy of Sciences.--The Administrator is 
     authorized to reserve from funds appropriated pursuant to 
     this section for fiscal year 1995 an amount not to exceed 
     $1,000,000 to support a study by the National Academy of 
     Sciences of scientific practices related to the development 
     of drinking water standards for contaminants that are 
     regulated on the basis of a health effect other than a 
     carcinogenic effect.''.

                Selection of Contaminants for Regulation

       On page 31, line 10, insert ``(after consultation with the 
     Secretary of the Department of Health and Human Services 
     acting through the Director of the Centers for Disease 
     Control and Prevention)'' after ``Administrator''.
       On page 32, line 23, strike ``unless'' and insert ``if''.
       On page 32, after line 24, insert the following new clause:
       ``(i) appropriate, peer-reviewed, scientific information 
     and an assessment of health risks, conducted in accordance 
     with sound scientific practices (considering applicable 
     guidance from the National Academy of Sciences), have been 
     considered;''.
       On page 33, line 1, strike ``(i)'' and insert ``(ii)''.
       On page 33, line 1, strike ``not''.
       On page 33, line 2, strike ``or'' and insert ``and''.
       On page 33, line 3, strike ``(ii)'' and insert ``(iii)''.
       On page 33, line 3, strike ``does not meet'' and insert 
     ``meets''.
       On page 33, lines 6 through 8, strike ``that adequate data 
     are not available, or that the contaminant does not meet the 
     criteria for regulation,'' and insert ``under this 
     subparagraph''.
       On page 33, line 16, strike ``(C)(i)'' and insert 
     ``(C)(ii)''.

                        Drinking Water Standards

       Beginning on page 38, strike line 17 and all that follows 
     through page 39, line 25, and insert the following new 
     subparagraphs:
       ``(B) Health risk reduction and cost.--At the time a 
     maximum contaminant level is proposed, the Administrator 
     shall publish and seek public comment on, and consider for 
     the purposes of subparagraph (C), an analysis of--
       ``(i) the health risk reduction benefits that are likely to 
     occur as the result of treatment to comply with the maximum 
     contaminant level;
       ``(ii) the costs that will be experienced as a result of 
     compliance with the maximum contaminant level, including 
     monitoring, treatment, and other costs; and
       ``(iii) any potential increased health risk that may occur 
     as a result of compliance with the maximum contaminant level.
       ``(C) Additional authority.--
       ``(i) Notwithstanding subparagraph (A), the Administrator 
     may establish a maximum contaminant level that is less 
     stringent than is feasible (as determined under paragraph 
     (5)), if the Administrator determines that the less stringent 
     level will result in compliance costs that are substantially 
     less than costs that would be experienced by public water 
     systems to comply with the level that is feasible and that 
     the less stringent level will--

       ``(I) for any contaminant that is regulated on the basis of 
     the carcinogenic effects of the contaminant, not result in a 
     significant increase in individual lifetime cancer risks from 
     concentrations of the contaminant in drinking water relative 
     to the feasible level; or
       ``(II) for any contaminant that is regulated on the basis 
     of a health effect other than a carcinogenic effect, ensure a 
     reasonable certainty of no harm.

       ``(ii) For contaminants that are regulated on the basis of 
     health effects other than carcinogenic effects, the 
     Administrator shall use the authority provided in this 
     subparagraph only after the Administrator publishes in the 
     Federal Register guidelines establishing sound scientific 
     practices for the implementation of the authority with 
     respect to the contaminant. The Administrator may publish 
     guidelines pursuant to this clause only after the National 
     Academy of Sciences has completed a study and made 
     recommendations concerning the scientific information, 
     methods, and practices that would be necessary to support the 
     implementation of clause (i)(II) and ensure that decisions by 
     the Administrator pursuant to clause (i)(II) are based on 
     appropriate, peer-reviewed, scientific information and sound 
     scientific practices. The study by the National Academy of 
     Sciences shall be completed as expeditiously as practicable.
       On page 40, line 1, strike ``(C)'' and insert ``(D)''.

                        Disinfection Byproducts

       On page 40, line 7, insert ``technology, treatment 
     techniques, and other means used to determine the'' after 
     ``is feasible if the''.
       On page 41, line 3, after the period, insert closing 
     quotation marks and a period.
       On page 41, strike lines 4 through 7.

                               Variances

       On page 53, lines 1 through 3, strike ``, in the judgment 
     of the Administrator or, if the State has primary enforcement 
     responsibility under section 1413, the State,''.
       On page 53, line 4, insert ``, in accordance with 
     affordability criteria established by the State (or the 
     Administrator for State that does not have primary 
     enforcement responsibility under section 1413),'' after 
     ``afford to comply''.
       On page 55, line 11, strike ``3'' and insert ``4''.
       On page 55, strike lines 12 through 18 and insert ``the 
     national primary drinking water regulation was 
     promulgated.''.
       On page 59, strike line 11 and insert the following:
       ``(B) Objections to variances.--''
       ``(i) By the administrator.--If any
       On page 60, between lines 2 and 3, insert the following new 
     clause:
       ``(ii) Petition by consumers.--If the Administrator does 
     not object to the granting of a variance, any person served 
     by the system may petition the Administrator to object to the 
     granting of a variance. The Administrator shall respond to 
     the petition not later than 90 days after the receipt of the 
     petition. The State shall not grant the variance during the 
     90-day period. The petition shall be based on comments made 
     by the petitioner during public review of the variance by the 
     State.

                        Small System Technology

       On page 61, line 1, strike ``3,300'' and insert ``10,000''.
       On page 61, line 2, after the period, insert the following 
     new sentence: ``The Administrator may classify systems by the 
     size of the population served and describe a technology or 
     technologies that are appropriate for systems in each 
     class.''

                              Enforcement

       On page 69, line 1, insert ``and the State with primary 
     enforcement responsibility for the requirement has not 
     commenced or is not diligently prosecuting an enforcement 
     action to require compliance with the requirement'' after 
     ``requirement''.
       On page 76, line 23, insert ``1419,'' after ``1417,''.
       On page 76, line 23, insert ``1442,'' after ``1441,''.
       On page 76, line 23, insert ``1466,'' after ``1464,''.

                       Notification of Violations

       On page 80, line 5, insert ``by a community water system'' 
     after ``violation''.
       On page 80, line 14, insert ``prominently'' after ``be''.
       On page 81, between lines 10 and 11, insert the following 
     new subparagraph:
       ``(C) Notice by mail.--Regulations promulgated under this 
     subsection shall specify that community water systems shall 
     provide notice by mail to each customer of the system of any 
     violation of a maximum contaminant level or treatment 
     technique, in the first billing, if any, that occurs after 
     the violation, but not later than 1 year after the violation. 
     The Administrator shall prescribe the form and manner of the 
     notice to ensure a clear and readily understandable 
     explanation of the violation, any potential adverse health 
     effects, the steps that the system is taking to correct the 
     violation, and the necessity to seek alternative water 
     supplies, if any, until the violation is corrected.
       On page 81, line 11, strike ``(C)'' and insert ``(D)''.
       On page 81, line 12, insert ``by a community water system'' 
     after ``violations''.
       On page 81, line 15, insert ``prominently'' after ``and''.
       On page 81, between lines 20 and 21, insert the following 
     new subparagraph:
       ``(E) Violations by noncommunity systems.--The 
     Administrator shall establish appropriate procedures for 
     notifying the users or potential users of a noncommunity 
     water system of violations by the system, including posting 
     wherever access to the water of the system is available to 
     the public, if the violation may present a serious threat to 
     human health.
       On page 81, line 21, strike ``(D)'' and insert ``(F)''.
       On page 82, line 3, strike ``(E)'' and insert ``(G)''.
       On page 82, line 8, strike ``(D)'' and insert ``(F)''.
       On page 83, strike lines 4 through 10 and insert the 
     following:
       (b) State Authority for Administrative Penalties.--Section 
     1413(a) (42 U.S.C. 300g-2(a)) is amended--
       (1) by striking ``and'' at the end of paragraph (4);
       (2) by striking the period at the end of paragraph (5) and 
     inserting ``; and''; and
       (3) by adding at the end the following new paragraph:
       ``(6) has adopted authority for administrative penalties 
     comparable to the authority in section 1414(c).''.

                                 Radon

       On page 88, strike lines 4 through 13 and insert the 
     following:
     ``level that--
       ``(i) results in a radon concentration level in indoor air 
     from drinking water that is equivalent to the national 
     average concentration in outdoor air; or
       ``(ii) is not less than 50 percent of the national level 
     specified in clause (i), reflecting consideration of risks 
     other than risks from radon in ambient air, including risks 
     from ingestion of radon in drinking water and episodic uses 
     of drinking water, if the National Academy of Sciences 
     considers it appropriate to include the risk referred to in 
     this clause;

                         Operator Certification

       On page 105, line 11, strike ``(a) In General.--''.
       On page 108, line 9, strike ``public water system'' and 
     insert ``each community and noncommunity water systems 
     serving nontransient populations''.
       On page 108, line 19, strike ``Regulations'' and insert 
     ``Guidelines''.
       On page 108, lines 22 and 23, strike ``regulations 
     specifying'' and insert ``guidelines developed in 
     consultation with the States describing''.
       On page 108, line 25, strike the quotation marks and the 
     semicolon.
       On page 108, after line 25, insert the following new 
     paragraph:
       ``(4) Noncompliance.--Effective beginning October 1, 1999, 
     if the Administrator determines that the certification 
     program implemented by a State lacks a major element 
     identified in the guidance published pursuant to paragraph 
     (3) or an element of the program is substantially 
     inconsistent with the guidelines established in paragraph 
     (3), the Administrator shall withhold a percentage 
     (prescribed in the second sentence) of the capitalization 
     grant made to the State pursuant to part G. The percentage 
     withheld shall be 10 percent for fiscal year 1999, 30 percent 
     for fiscal year 2000, and 50 percent for each subsequent 
     fiscal year.'';
       On page 109, line 9, strike ``subsection'' and insert 
     ``subsections''.

                        Drinking Water Standards

       On page 115, line 18, strike the quotation marks and the 
     following period.
       On page 115, between lines 18 and 19, insert the following 
     new subsection:
       ``(j) Subpopulations at Greater Risk.--The Administrator 
     shall conduct a continuing program of research to identify 
     groups within the general population that may be at greater 
     risk of adverse health effects due to exposure to 
     contaminants in drinking water than the general population. 
     The Administrator shall report to Congress on the results of 
     this research not later than 3 years after the date of 
     enactment of this subsection, and every 3 years thereafter, 
     and indicate in the reports whether there is any evidence 
     that infants, children, pregnant women, the elderly, 
     individuals with a history of serious illness, or other 
     subpopulations that can be identified and characterized are 
     likely to experience elevated health risks, including risks 
     of cancer, from contaminants in drinking water.''.

                         Operator Certification

       Beginning on page 115, strike line 19 and all that follows 
     through page 116, line 2.

                           Federal Facilities

       On page 121, between lines 21 and 22, insert the following 
     new subsection:
       (c) 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...................................  $20,850,000            
    1993.....................................  $20,850,000            
    1994.....................................  $20,850,000            
    1995.....................................  $20,850,000            
    1996.....................................  $20,850,000            
    1997.....................................  $20,850,000            
    1998.....................................  $20,850,000            
    1999.....................................  $20,850,000            
    2000.....................................  $20,850,000.''.          
                                                                        

       On page 125, line 13, insert ``or underground injection'' 
     after ``water''.
       On page 127, line 2, insert ``or underground injection'' 
     after ``water''.

   Residential Treatment Systems and Drinking Water Advisory Council

       On page 141, between lines 2 and 3, insert the following 
     new subsections:
       (g) Certification of Residential Water Treatment Devices.--
     Part F (42 U.S.C. 300j-21 et seq.) is amended by adding at 
     the end the following new section:


                 ``RESIDENTIAL WATER TREATMENT DEVICES

       ``Sec. 1466. (a) Certification.--For the purpose of 
     certifying residential water treatment devices for material 
     safety and effectiveness in reducing the concentration of 
     drinking water contaminants of health concern, the 
     Administrator shall--
       ``(1) not later than 1 year after the date of enactment of 
     this section, develop, by rule, criteria to identify 
     qualified independent certifiers; and
       ``(2) identify certifiers meeting the criteria developed 
     pursuant to paragraph (1).
     The Administrator shall provide technical assistance and 
     information to independent certifiers for the purposes of 
     this section. Any person may submit to the Administrator an 
     application to be identified as a qualified independent 
     certifier. The Administrator shall promptly approve the 
     application if the person meets the criteria developed by the 
     Administrator.
       ``(b) List of Certified Devices.--Not later than 2 years 
     after the date of enactment of this section and annually 
     thereafter, the Administrator shall publish a list of 
     residential water treatment devices that are certified by 
     qualified independent certifiers. A list published under this 
     subsection shall identify, for each listed device, consumer 
     information on the effectiveness of the device for removing 
     drinking water contaminants of health concern, the period of 
     effectiveness, and recommended operational procedures.
       ``(c) Product Claims.--No person shall claim or imply 
     product certification under this section for a water 
     treatment device unless the device has been certified by a 
     qualified independent certifier and the claim is consistent 
     with the certification.
       ``(d) Prohibition.--It shall be a violation of this title 
     to distribute, sell, or promote the sale of any residential 
     water treatment device on the basis of false or misleading 
     claims concerning the effectiveness of the device in removing 
     drinking water contaminants, the protection of health, or the 
     safety of product materials.''.
       (h) 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 associated with small, rural 
     public water systems''.
       On page 141, line 3, strike ``(g)'' and insert ``(i)''.
       On page 141, line 13, strike ``(h)'' and insert ``(j)''.
                                 ______


                 KERREY (AND OTHERS) AMENDMENT NO. 1699

  Mr. KERREY (for himself, Mr. Hatfield, Mr. Boren, Mr. Gorton, Mr. 
Exon, Mr. DeConcini, Mr. Levin, and Mr. Warner) proposed an amendment 
to the bill S. 2019, supra; as follows:

                               Viability

       On page 12, line 10, strike ``50 percent'' and insert ``the 
     percentage prescribed in the following sentence''.
       On page 12, line 13, after the period, insert the 
     following: ``The percentage withheld shall be 10 percent for 
     fiscal year 1998, 30 percent for fiscal year 1999, and 30 
     percent for each subsequent fiscal year.''.
       On page 13, strike lines 16 through 20, and insert the 
     following:
       ``(2) Assistance to nonviable systems.--
       ``(A) In general.--Except as provided in subparagraph (B), 
     no assistance under this part shall be provided to a public 
     water system that--
       ``(i) does not have the technical, managerial, and 
     financial capability to ensure compliance with the 
     requirements of this title; and
       ``(ii) has a history of past violations of any maximum 
     contaminant level, treatment technique, monitoring 
     requirement, or other requirement of a national primary 
     drinking water regulation or variance.
       ``(B) Restructuring.--A nonviable public water system may 
     receive assistance under this part if the owner or operator 
     of the system agrees to undertake changes in operations 
     (including ownership, management, accounting, rates, 
     maintenance, consolidation, alternative water supply, or 
     other procedures) to ensure that the system has the 
     technical, managerial, and financial capability to comply 
     with the requirements of this title over the long-term.
       ``(C) Prohibition.--No assistance under this part shall be 
     provided to a public water system for a project for which the 
     State determines that consolidation is appropriate other than 
     assistance for consolidation.
       Beginning on page 62, strike line 25 and all that follows 
     through page 64, line 22, and insert the following:
       (b) Viability of Public Water Systems.--Part B (42 U.S.C. 
     300g et seq.) is amended by adding at the end the following 
     new section:


                       ``STATE VIABILITY PROGRAMS

       ``Sec. 1418. (a) In General.--Each State shall adopt a 
     State Drinking Water System Viability Program (referred to in 
     this section as the `State Viability Program') to ensure the 
     capability of public water systems in the State to comply 
     with the requirements of this title.
       ``(b) Program Elements.--A State Viability Program complies 
     with this section if it includes--
       ``(1) the legal authority to ensure that all new public 
     water systems commencing operation after October 1, 1997, 
     have the managerial, technical, and financial capability to 
     comply with national primary drinking water regulations and 
     other requirements of this title; and
       ``(2) a program to secure the voluntary restructuring 
     (including physical consolidation) of existing systems that 
     are in violation of a national primary drinking water 
     regulation or other requirement of this title and that lack 
     the managerial, technical, or financial capability to comply 
     with the regulation or requirement.
       ``(c) Submission and Approval of Programs.--
       ``(1) Submission.--Not later than 36 months after the date 
     of enactment of this section, each State shall submit to the 
     Administrator a proposal for a State Viability Program that 
     meets the requirements of this section.
       On page 66, line 2, strike the quotation marks and the 
     following period.
       On page 66, between lines 2 and 3, insert the following new 
     subsections:
       ``(f) EPA Guidance.--Not later than 2 years after the date 
     of enactment of this section, the Administrator shall, after 
     consultation with officials of State and local governments, 
     publish guidance for use by the States--
       (1) identifying the factors contributing to nonviability of 
     public water systems; and
       (2) identifying technical, managerial, financial, and other 
     options to address the factors, including options that have 
     been successfully employed by States.
       ``(g) EPA Survey.--Not later than 2 years after the date of 
     enactment of this section, the Administrator shall conduct a 
     survey of public water systems to identify public water 
     systems that are likely to be nonviable based on the 
     requirements of law and factors contributing to nonviability, 
     including the economic circumstances of the community. The 
     results of the survey shall be published with the guidance 
     prepared by the Administrator pursuant to subsection (f).''.

                               Monitoring

       On page 48, line 10, strike ``2 years'' and insert ``1 
     year''.
       On page 48, line 11, insert ``after consultation with 
     public health experts, representatives of the general public, 
     and officials of State and local governments,'' after 
     ``subparagraph,''.
       On page 48, line 16, strike ``propose'' and insert 
     ``promulgate''.
       Beginning on page 48, strike line 18 and all that follows 
     through page 51, line 2, and insert the following new 
     subparagraph:
       ``(D) State-established requirements.--
       ``(i) In general.--Each State with primary enforcement 
     responsibility may submit an application to the Administrator 
     to establish for any national drinking water regulation, 
     other than a regulation applicable to a microbial contaminant 
     (or indicator of a microbial contaminant), monitoring 
     requirements applicable to public water systems identified by 
     the State, in lieu of the monitoring requirements contained 
     in the regulation, if the monitoring requirements established 
     by the State are based on--

       ``(I) occurrence data and other relevant characteristics of 
     the contaminant or the systems subject to the requirements; 
     and
       ``(II) the monitoring frequencies are no less frequent than 
     the requirements of the national primary drinking water 
     regulations for a contaminant that has been detected at a 
     quantifiable level during the 5-year period ending on the 
     date of the monitoring.

       ``(ii) Compliance and enforcement.--The monitoring 
     requirement established by the State shall be adequate to 
     ensure compliance with, and enforcement of, each national 
     primary drinking water regulation.
       ``(iii) Approval.--The Administrator shall review an 
     application submitted by a State pursuant to this 
     subparagraph and approve the application, in whole or in 
     part, if the application meets the requirements of this 
     subparagraph. If the Administrator has not acted pursuant to 
     this clause within 180 days after submission of the 
     application, the application shall be deemed to be approved. 
     If the Administrator disapproves an application, or a part of 
     an application, the Administrator shall provide to the State 
     a description of the changes needed for the program to be 
     approved. A monitoring program approved pursuant to this 
     clause shall be approved for a period of 3 years and each 
     subsequent approval shall be for a period of 5 years.''.

                                 ______


                 WARNER (AND OTHERS) AMENDMENT NO. 1700

  Mr. WARNER (for himself, Mr. Conrad, and Mr. Dorgan) proposed an 
amendment to the bill S. 2019, supra; as follows:

       Beginning on page 94, strike line 10 and all that follows 
     through page 103, line 2, and insert the following:

     SEC. 9. WATER QUALITY PROTECTION PARTNERSHIP.

       (a) Source Water Quality Protection.--Part B (42 U.S.C. 
     300g et seq.) (as amended by section 8) is further amended by 
     adding at the end the following new section:


                   ``SOURCE WATER QUALITY PROTECTION

       ``Sec. 1420. (a) Source Water Quality Protection Petition 
     Program.--
       ``(1) In general.--
       ``(A) Establishment.--A State may establish a program under 
     which an owner or operator of a community water system of the 
     State, or a municipal or local government or political 
     subdivision of the government in the State, may submit a 
     water quality protection petition to the State requesting 
     that the State assist in addressing--
       ``(i) the origins of drinking water contaminants of public 
     health concern, including to the extent practicable the 
     specific activities, that affect the drinking water supply of 
     a community; and
       ``(ii) the financial or technical limitations that impair 
     the ability of a community water system to provide drinking 
     water that complies with a national primary drinking water 
     regulation for--

       ``(I) a contaminant listed under this title; or
       ``(II) an unregulated contaminant for which the 
     Administrator has determined that there is an urgent threat 
     to public health pursuant to section 1412(b)(3)(G).

       ``(B) Funding.--The State may provide assistance in 
     response to the petition using funds referred to in 
     subsections (b)(2)(C) and (c).
       ``(2) Goal.--The objective of a petition submitted under 
     this subsection shall be to seek assistance from the State in 
     directing or redirecting resources under Federal or State 
     water quality programs to establish voluntary, incentive-
     based partnerships in order to address the origins of 
     drinking water contaminants of public health concern, 
     including to the extent practicable the specific activities, 
     that affect the drinking water supply of a community.
       ``(3) Contents of petition.--A petition submitted under 
     this subsection shall, at a minimum--
       ``(A) include a delineation of the source water area in the 
     State that is the subject of the petition;
       ``(B) identify the origins of the drinking water 
     contaminants of public health concern, including to the 
     extent practicable the specific activities, in the source 
     water area delineated under subparagraph (A);
       ``(C) identify any deficiencies in information that will 
     inhibit the identification of significant origins of drinking 
     water contaminants of public health concern; and
       ``(D) identify any public participation solicited from 
     affected persons in the source water area delineated under 
     subparagraph (A), including--
       ``(i) voluntary efforts to address the origins of the 
     drinking water contaminants of public health concern, 
     including specific activities; and
       ``(ii) the assistance that may be needed to facilitate the 
     efforts.
       ``(b) Approval or Disapproval of Petitions.--
       ``(1) In general.--After providing notice and an 
     opportunity for public comment on a petition submitted under 
     subsection (a), the State shall approve or disapprove in 
     whole or in part the petition in an expeditious manner.
       ``(2) Approval.--The State may approve a petition if the 
     petition meets the requirements established under subsection 
     (a). The notice of approval shall, at a minimum, include--
       ``(A) a determination that the drinking water contaminants 
     referred to in the petition pose a public health concern;
       ``(B) a description of the options available, including 
     voluntary measures and practices, for the protection of 
     source waters to address the problems described in the 
     petition;
       ``(C) an identification of technical or financial 
     assistance that the State will provide to assist in 
     addressing the drinking water contaminants of public health 
     concern based on--
       ``(i) the relative priority of the public health concern 
     identified in the petition as compared to the other water 
     quality needs identified by the State;
       ``(ii) any appropriate studies or assessments that are 
     available to identify significant origins of drinking water 
     contaminants of public health concern;
       ``(iii) any necessary coordination that the State will 
     perform of the program established under this section with 
     programs implemented or planned by other States under this 
     section; and
       ``(iv) funds available (including funds available from a 
     State revolving loan fund established under title VI of the 
     Federal Water Pollution Control Act (33 U.S.C. 1381 et seq.) 
     or part G) and the appropriate distribution of the funds to 
     assist in addressing the problems described in the petition;
       ``(D) a description of Federal and State programs available 
     to assist in addressing the problems described in the 
     petition, including--
       ``(i) any program established under the Federal Water 
     Pollution Control Act (33 U.S.C. 1251 et seq.);
       ``(ii) the program established under section 6217 of the 
     Coastal Zone Act Reauthorization Amendments of 1990 (16 
     U.S.C. 1455b);
       ``(iii) the agricultural water quality protection program 
     established under chapter 2 of subtitle D of title XII of the 
     Food Security Act of 1985 (16 U.S.C. 3838 et seq.);
       ``(iv) the sole source aquifer protection program 
     established under section 1427;
       ``(v) the community wellhead protection program established 
     under section 1428;
       ``(vi) any pesticide or ground water management plan; and
       ``(vii) any abandoned well closure program;
       ``(E) a description of activities that will be undertaken 
     to coordinate Federal and State programs to respond to the 
     petition; and
       ``(F) a description of alternative management measures or 
     treatment techniques and other strategies, including an 
     evaluation of the costs associated with each alternative, and 
     a description of sources of funding available to implement 
     the alternative.
       ``(3) Disapproval.--If the State disapproves a petition 
     submitted under subsection (a), the State shall notify the 
     entity submitting the petition in writing of the reasons for 
     disapproval. A petition may be resubmitted at any time if new 
     information becomes available or conditions affecting the 
     source water that is the subject of the petition change.
       ``(c) Eligibility for Water Quality Protection 
     Assistance.--A sole source aquifer plan developed pursuant to 
     section 1427, a wellhead protection plan developed pursuant 
     to section 1428, and a source water quality protection 
     measure assisted in response to a petition submitted under 
     subsection (a) shall be eligible for assistance under the 
     Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.), 
     including assistance provided under section 319 and title VI 
     of such Act (33 U.S.C. 1329 and 1381 et seq.), in the same 
     manner as a project, measure, or practice identified in a 
     State plan under such section 319 is eligible for assistance 
     under such Act. In the case of funds made available under 
     such section 319 to assist a source water quality protection 
     measure in response to a petition submitted under subsection 
     (a), the funds may be used only for a measure that addresses 
     nonpoint source pollution.
       ``(d) Grants to Support State Programs.--
       ``(1) In general.--The Administrator is authorized to make 
     grants to each State that establishes a program under this 
     section that is approved under paragraph (2). The amount of 
     each grant shall not exceed 50 percent of the cost of 
     administering the petition program for the year in which the 
     grant is available.
       ``(2) Approval.--As a condition of receiving grant 
     assistance under this subsection, a State shall submit to the 
     Administrator for approval a source water protection petition 
     program that is consistent with the guidance published under 
     paragraph (3).
       ``(3) Guidance.--Not later than 1 year after the date of 
     enactment of this section, the Administrator shall publish 
     guidance to assist States in the development of a source 
     water protection petition program. The guidance shall, at a 
     minimum--
       ``(A) recommend procedures for the approval by a State of a 
     source water protection petition submitted under subsection 
     (a);
       ``(B) recommend procedures by which a community water 
     system may submit a source water protection petition 
     developed under subsection (a);
       ``(C) recommend criteria for the delineation of source 
     water protection areas within a State; and
       ``(D) describe sources of funding that are available to 
     develop and respond to source water protection petitions.
       ``(4) Authorization of appropriations.--There are 
     authorized to be appropriated to carry out this subsection 
     such sums as are necessary for each of fiscal years 1995 
     through 2000. Each State with a program approved under 
     paragraph (2) shall receive an equitable portion of the funds 
     available for any fiscal year.''.
                                 ______


                  WARNER (AND ROBB) AMENDMENT NO. 1701

  Mr. WARNER (for himself and Mr. Robb) proposed an amendment to the 
bill S. 2019, supra; as follows:

       In section 16 of the bill, strike subsection (f) and insert 
     the following new subsection:
       (f) Capital Improvements for the Washington Aqueduct.--
       (1) In general.--Subject to paragraphs (2), (3), and (4), 
     and notwithstanding any other provision of law, at the 
     request of the public water supply customers of the 
     Washington Aqueduct--
       (A) the Secretary of the Army, acting through the Chief of 
     Engineers of the Army Corps of Engineers, shall borrow from 
     the Federal Financing Bank such funds as the Secretary of the 
     Army determines are required to finance capital improvements 
     for the Washington Aqueduct; and
       (B) the Board of Directors of the Federal Financing Bank 
     shall loan the funds to the Secretary of the Army on such 
     terms as may be established by the Secretary of the Army and 
     the Board of Directors.
       (2) Interest.--The rate of interest to be charged in 
     connection with a loan made under paragraph (1) shall be not 
     less than a rate determined by the Secretary of the Treasury, 
     taking into consideration current market yields on 
     outstanding marketable obligations of the United States of 
     comparable maturities.
       (3) Contract.--The Secretary of the Army shall borrow funds 
     under paragraph (1) after the public water supply customers 
     enter into a written contract with the Secretary of the Army 
     to repay the funds and to pay the costs associated with 
     borrowing the funds.
       (4) Net present value of loan.--The Secretary of the Army 
     may borrow funds under paragraph (1) if amounts sufficient to 
     pay for the cost, as defined in section 502(5) of the 
     Congressional Budget Act of 1974 (2 U.S.C. 661a(5)), of the 
     loan involved are provided in advance in appropriation Acts.
       (5) Definition.--As used in this subsection, the term 
     ``public water supply customers'' means the District of 
     Columbia, the county of Arlington, Virginia, and the city of 
     Falls Church, Virginia.
                                 ______


                DOMENICI (AND GORTON) AMENDMENT NO. 1702

  Mr. DOMENICI (for himself and Mr. Gorton) proposed an amendment to 
the bill S. 2019, supra; as follows:

       On page 106, line 13, strike ``and'' at the end and all 
     that follows through line 15 and insert the following:
       (B) by striking paragraph (3) and inserting the following 
     new paragraph:
       ``(3) Scientific basis for decisions.--
       ``(A) In general.--In carrying out this title, the 
     Administrator shall use the best available peer-reviewed 
     science and supporting studies conducted in accordance with 
     sound and objective scientific practices.
       ``(B) Public information.--In carrying out this title, the 
     Administrator shall ensure that the presentation of 
     information on public health effects is complete and 
     informative. The Administrator shall, in a document made 
     available to the public in support of a regulation issued 
     under this title, specify, to the extent feasible--
       ``(i) each population addressed by any estimate of public 
     health effects:
       ``(ii) the expected risk or central estimate of risk for 
     the specific population;
       ``(iii) each appropriate upper-bound or lower-bound 
     estimate of risk;
       ``(iv) each uncertainty identified in the process of the 
     assessment of public health effects and future research that 
     is necessary to address the uncertainty; and
       ``(v) any study known to the Administrator that supports or 
     fails to support any estimate of public health effects, 
     including the methodology used to reconcile varying 
     scientific data.''; and
       (C) by adding at the end the following new paragraph:
                                 ______


                     KEMPTHORNE AMENDMENT NO. 1703

  Mr. KEMPTHORNE proposed an amendment to the bill S. 2019, supra; as 
follows:

       Amendment for Small System Treatment Meeting MCLs. On page 
     68, after line 18, insert the following:
       (d) Section 1412(b)(6) (42 U.S.C. 300g-1(b)(6) is amended 
     by adding at the end thereof the following: ``The 
     Administrator shall include in the list any technology, 
     treatment technique or other means that is feasible for small 
     public water systems and that achieves compliance with the 
     maximum contaminant level, including (A) packaged or modular 
     systems; and (B) point of entry treatment units that are 
     controlled by the public water system to ensure proper 
     operation and maintenance and compliance with the maximum 
     contaminant level and equipped with mechanical warnings to 
     ensure that customers are automatically notified of 
     operational problems.''.
                                 ______


                     LAUTENBERG AMENDMENT NO. 1704

  Mr. BAUCUS (for Mr. Lautenberg) proposed an amendment to the bill S. 
2019, supra; as follows:

       At the appropriate place in the bill, insert the following 
     new section:

     SEC.  . 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 following new subsection:
       ``(b)(1) After the Administrator of the Environmental 
     Protection Agency publishes a proposed maximum contaminant 
     level, but not later than 180 days after the Administrator of 
     the Environmental Protection Agency publishes a final maximum 
     contaminant level, 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 that establishes a quality 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 section 1401(4) of such Act 
     (42 U.S.C. 300f(4)) and not in water used for bottled 
     drinking water.
       ``(2) The regulation shall include any monitoring 
     requirements that the Secretary determines appropriate 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 Environmental Protection Agency; and
       ``(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 180-day period described in paragraph (1), the 
     regulation with respect to the final maximum contaminant 
     level published by the Administrator of the Environmental 
     Protection Agency (as described in such paragraph) shall be 
     considered, as of the date on which the Secretary is required 
     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 180-day 
     period 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 contaminant level takes 
     effect.''.
                                 ______


      AIRPORT IMPROVEMENT PROGRAM TEMPORARY EXTENSION ACT OF 1994

                                 ______


                        FORD AMENDMENT NO. 1705

  Mr. BAUCUS (for Mr. Ford) proposed an amendment to the bill (S. 2024) 
to provide temporary obligational authority for the airport improvement 
program and to provide for certain airport fees to be maintained at 
existing levels for up to 60 days, and for other purposes; as follows:
       Strike all after the enacting clause and insert the 
     following:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Airport Improvement Program 
     Temporary Extension Act of 1994''.

                  TITLE I--AIRPORT IMPROVEMENT PROGRAM

     SEC. 101. AIRPORT IMPROVEMENT PROGRAM AUTHORIZATION.

       (a) Authorization.--The second sentence of section 505(a) 
     of the Airport and Airway Improvement Act of 1982 (49 App. 
     U.S.C. 2204(a)) is amended--
       (1) by striking ``and'' after ``1992,''; and
       (2) by inserting ``, and $15,413,157,000 for fiscal years 
     ending before October 1, 1994'' before the period at the end.
       (b) Obligational Authority.--Section 505(b)(1) of the 
     Airport and Airway Improvement Act of 1982 (49 App. U.S.C. 
     2204(b)(1)) is amended by striking ``September 30, 1993'' and 
     inserting ``June 30, 1994''.

     SEC. 102. APPORTIONMENT OF FUNDS.

       Section 507(b)(3)(A) of the Airport and Airway Improvement 
     Act of 1982 (49 App. U.S.C. 2206(b)(3)(A)) is amended--
       (1) by striking ``or reducing the amount authorized or'' 
     and inserting ``the amount'';
       (2) by inserting ``to less than $1,900,000,000'' after ``to 
     be obligated''; and
       (3) by striking ``limited or reduced''.

     SEC. 103. MINIMUM AMOUNT FOR PRIMARY AIRPORTS.

       Section 507(b)(1) of the Airport and Airway Improvement Act 
     of 1982 (49 App. U.S.C. 2206(b)(1)) is amended by striking 
     ``$400,000'' and inserting ``$500,000''.

     SEC. 104. DISCRETIONARY FUND.

       (a) Minimum Amount To Be Credited.--Section 507(c) of the 
     Airport and Airway Improvement Act of 1982 (49 App. U.S.C. 
     2206(c)) is amended by adding at the end the following new 
     paragraph:
       ``(5) Special rule.--(A) In any fiscal year not less than 
     $325,000,000 of the amount made available under section 
     505(a) shall be credited to the discretionary fund 
     established by paragraph (1), and such $325,000,000 shall be 
     exclusive of amounts that have been apportioned in a prior 
     year under this section and which remain available for 
     obligation.
       ``(B) In any fiscal year in which the amount credited to 
     the discretionary fund pursuant to paragraph (1) is less than 
     $325,000,000, the total amount calculated under subparagraph 
     (C) of this paragraph shall be reduced by an amount which, 
     when credited to the discretionary fund, will, together with 
     the amount credited pursuant to paragraph (1), equal 
     $325,000,000.
       ``(C) The total amount, for any fiscal year, that is 
     subject to reduction pursuant to subparagraph (B) shall be 
     the sum of--
       ``(i) the amount determined under subsection (a)(1);
       ``(ii) the amount determined under subsection (a)(2);
       ``(iii) the amount determined under subsection (a)(3);
       ``(iv) the amount determined under section 508(d)(1);
       ``(v) the amount determined under section 508(d)(2);
       ``(vi) the amount determined under section 508(d)(3);
       ``(vii) the amount determined under section 508(d)(4); and
       ``(viii) the amount determined under section 508(d)(5).
       ``(D) To accomplish a reduction pursuant to subparagraph 
     (B), each of the amounts described in subparagraphs (C)(i) 
     through (C)(viii), respectively, shall be reduced by an equal 
     percentage.''.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall take effect on July 1, 1994.

     SEC. 105. USE OF APPORTIONED AND DISCRETIONARY FUNDS.

       Section 508(d) of the Airport and Airway Improvement Act of 
     1982 (49 App. U.S.C. 2207(d)) is amended--
       (1) in paragraph (1), by striking ``10'' and inserting 
     ``5'';
       (2) in paragraph (3), by striking ``2.5'' wherever it 
     appears and inserting ``1.5''; and
       (3) in paragraph (4), by striking ``\1/2\'' and inserting 
     ``\3/4\''.

     SEC. 106. REIMBURSEMENT FOR PAST EXPENDITURES.

       Section 513(a)(2) of the Airport and Airway Improvement Act 
     of 1982 (49 App. U.S.C. 2212(a)(2)) is amended--
       (1) by striking ``or'' at the end of subparagraph (A);
       (2) by inserting ``or'' after the semicolon at the end of 
     subparagraph (B); and
       (3) by inserting after subparagraph (B) the following;
       ``(C)(i) it was incurred--
       ``(I) during fiscal year 1994;
       ``(II) before execution of a grant agreement with respect 
     to the project but in accordance with an airport layout plan 
     approved by the Secretary and in accordance with all 
     applicable statutory and administrative requirements that 
     would have been applicable to the project if the grant 
     agreement had been executed; and
       ``(III) for work related to a project for which a grant 
     agreement was previously executed during fiscal year 1994; 
     and
       ``(ii) its Federal share is only paid with sums apportioned 
     under sections 507(a)(1) and 507(a)(2).''.

     SEC. 107. TERMINAL DEVELOPMENT.

       Section 513(b)(2) of the Airport and Airway Improvement Act 
     of 1982 (49 App. U.S.C. 2212(b)(2)) is amended--
       (1) in the second sentence--
       (A) by inserting after ``may be used'' the following: ``, 
     subject to the approval of the Secretary, (A)''; and
       (B) by striking the period at the end and inserting the 
     following: ``, and (B) by the sponsor of a reliever airport 
     for the types of project costs allowable under paragraph (1) 
     of this subsection, including project costs allowable for a 
     commercial service airport which annually has .05 percent or 
     less of the total enplanements in the United States.''; and
       (2) by adding at the end the following: ``All or any 
     portion of the sums to be distributed at the discretion of 
     the Secretary under sections 507(c) and 507(d) for any fiscal 
     year may be distributed for use by primary airports each of 
     which annually has .05 percent or less of the total 
     enplanements in the United States for project costs allowable 
     under paragraph (1) of this subsection.''.

     SEC. 108. EXPENDITURES FROM AIRPORT AND AIRWAY TRUST FUND.

       Section 9402(d)(1)(A) of the Internal Revenue Code of 1986 
     (relating to expenditures from Airport and Airway Trust Fund) 
     is amended by striking ``(as such Acts were in effect on the 
     date of the enactment of the Airport and Airway Safety, 
     Capacity, Noise Improvement, and Intermodal Transportation 
     Act of 1992)'' and inserting ``or the Airport Improvement 
     Program Temporary Extension Act of 1994 (as such Acts were in 
     effect on the date of the enactment of the Airport 
     Improvement Program Temporary Extension Act of 1994)''.

     SEC. 109. UPWARD ADJUSTMENTS.

       (a) In General.--The second sentence of section 505(b)(1) 
     of the Airport and Airway Improvement Act of 1982 (49 App. 
     U.S.C. 2204(b)(1)) is further amended by--
       (1) inserting ``(A)'' before ``Apportioned''; and
       (2) inserting before the period at the end ``; and (B) 
     funds which have been recovered by the United States from 
     grants made under this title if such funds are obligated only 
     for increases under sections 512(b)(2) and 512(b)(3) of this 
     title in the maximum obligation of the United States for any 
     other grant made under this title''.
       (b) Retroactive Effective Date.--The amendment made by 
     subsection (a) shall take effect October 1, 1993.

     TITLE II--AIRPORT-AIR CARRIER DISPUTES REGARDING AIRPORT FEES

     SEC. 201. EMERGENCY AUTHORITY TO FREEZE CERTAIN AIRPORT FEES.

       (a) Complaint By Air Carrier.--
       (1) Filing.--An air carrier may file prior to June 30, 
     1994, with the Secretary a written complaint alleging that 
     any increased fee imposed upon such air carrier by the owner 
     or operator of an airport is not reasonable. The air carrier 
     shall simultaneously file with the Secretary proof that a 
     copy of the complaint has been served on the owner or 
     operator of the airport.
       (2) Opportunity to respond.--Before issuing an order under 
     subsection (b), the Secretary shall provide the owner or 
     operator of the airport an opportunity to respond to the 
     filed complaint.
       (3) Frivolous complaint.--If the Secretary determines that 
     a complaint is frivolous, the Secretary may refuse to accept 
     the complaint for filing.
       (b) Order By The Secretary.--
       (1) In general.--Except as provided by paragraph (2), the 
     Secretary shall issue, within 7 days after the filing of a 
     complaint in accordance with subsection (a), an order 
     prohibiting the owner or operator of the airport from 
     collecting the increased portion of the fee that is the 
     subject of the complaint, unless the Secretary makes a 
     preliminary determination that the increased fee is 
     reasonable. Subject to subsection (d), the order shall cease 
     to be effective on June 30, 1994.
       (2) Limination.--The Secretary shall not issue an order 
     under this subsection prohibiting the collection of any 
     portion of a fee for which the Secretary's informal mediation 
     assistance was requested on March 21, 1994.
       (c) Opportunity To Comment And Furnish Related Material.--
     Within a period prescribed by the Secretary, the owner or 
     operator of the airport and any affected air carrier may 
     submit comments to the Secretary on a complaint filed under 
     subsection (a) and furnish to the Secretary any related 
     documents or other material.
       (d) Action on Complaint.--Based on comments and material 
     provided under subsection (c), the Secretary may take 
     appropriate action on the complaint, including termination or 
     other modification of any order issued under subsection (b).
       (e) Applicability.--This section does not apply to a fee 
     imposed pursuant to a written agreement binding on air 
     carriers using the facilities of an airport.
       (f) Effect on Existing Agreements.--Nothing in this section 
     shall adversely affect any existing written agreement between 
     an air carrier and the owner or operator of an airport.

     SEC. 202. DEFINITIONS.

       For purposes of this title--
       (1) the term ``fee'' means any rate, rental charge, landing 
     fee, or other service charge for the use of airport 
     facilities; and
       (2) the term ``Secretary'' means the Secretary of 
     Transportation.

            TITLE III--REFORM OF AIR TRAFFIC CONTROL SYSTEM

     SEC. 301. AIR TRAFFIC CONTROL SYSTEM.

       (a) Study.--The Secretary of Transportation shall undertake 
     a study of management, regulatory, and legislative reforms 
     which would enable the air traffic control system of the 
     Federal Aviation Administration to provide better services to 
     users and reduce the costs of providing services, without 
     reducing the safety of the system or the availability of the 
     system to all categories of users and without changing the 
     basic organizational structure under which the system is part 
     of the Federal Aviation Administration.
       (b) Components.--The study to be conducted under subsection 
     (a) shall include the following:
       (1) Evaluation of reforms which would streamline 
     procurement, enhance the ability to attract and retain 
     adequate staff at hard-to-staff facilities, simply the 
     personnel process, provide funding stability, ensure 
     continuity of leadership, and reduce the incidence of 
     unnecessarily detailed management oversight.
       (2) Identification of any existing laws or regulations 
     governing procurement or personnel which are having an 
     adverse effect on the operation or modernization of the air 
     traffic control system.
       (3) Evaluation of a range of possible reforms and the 
     advantages and disadvantages of each possible reform.
       (4) Comparison of the advantages and disadvantages of each 
     possible reform with the comparable advantages and 
     disadvantages to be achieved under any proposal of the 
     Secretary of Transportation to create a separate Federal 
     corporate entity to operate the air traffic control system.
       (c) Deadline.--The results of the study to be conducted 
     under subsection (a) shall be contained in a report which 
     shall be completed by the Secretary of Transportation on or 
     before the date which is 180 days after the date of the 
     enactment of this Act, or the date on which the Secretary 
     submits to Congress proposed legislation to create a separate 
     corporate entity to operate the air traffic control system, 
     whichever date occurs first.
       (d) Transmittal.--On the date of completion of the report 
     under subsection (c), the Secretary of Transportation shall 
     transmit copies of the report to the Committee on Commerce, 
     Science, and Transportation of the Senate and the Committee 
     on Public Works and Transportation of the House of 
     Representatives.

                   TITLE IV--MISCELLANEOUS PROVISIONS

     SEC. 401. GRANDFATHER PROVISION FOR FAA DEMONSTRATION 
                   PROJECT.

       (a) In general.--Notwithstanding the termination of the 
     personnel demonstration project for certain Federal Aviation 
     Administration employees on June 17, 1994, pursuant to 
     section 4703 of title 5, United States Code, the Federal 
     Aviation Administration, subject to subsection (d), shall 
     continue to pay quarterly retention allowance payments in 
     accordance with subsection (b) to those employees who are 
     entitled to quarterly retention allowance payments under the 
     demonstration project as of June 16, 1994.
       (b) Computation Rules.--
       (1) In general.--The amount of each quarterly retention 
     allowance payment to which an employee is entitled under 
     subsection (a) shall be the amount of the last quarterly 
     retention allowance payment paid to such employee under the 
     personnel demonstration project prior to June 17, 1994, 
     reduced by that portion of the amount of any increase in the 
     employee's annual rate of basic pay subsequent to June 17, 
     1994, from any source, which is allocable to the quarter for 
     which the allowance is to be paid (or, if applicable, to that 
     portion of the quarter for which the allowance is to be 
     paid). For purposes of the preceding sentence, the increase 
     in an employee's annual rate of basic pay includes--
       (A) any increase under section 5303 of title 5, United 
     States Code;
       (B) any increase in locality-based comparability payments 
     under section 5304 of such title 5 (except if, or to the 
     extent that, such increase is offset by a reduction of an 
     interim geographic adjustment under section 302 of the 
     Federal Employees Pay Comparability Act of 1990 (5 U.S.C. 
     5304 note));
       (C) any establishment or increase in a special rate of pay 
     under section 5305 of such title 5;
       (D) any increase in basic pay pursuant to a promotion under 
     section 5334 of such title 5;
       (E) any periodic step-increase under section 5335 of such 
     title 5;
       (F) any additional step-increase under section 5336 of such 
     title 5; and
       (G) any other increase in annual rate of basic pay under 
     any other provision of law.
       (2) Section rule.--In the case of an employee on leave 
     without pay or other similar status for any part of the 
     quarter prior to June 17, 1994, based on which the amount of 
     the allowance payments for such employee under subsection (a) 
     are computed, the ``amount of the last quarterly retention 
     allowance payment paid to such employee under the personnel 
     demonstration project prior to June 17, 1994'' shall, for 
     purposes of paragraph (1), be deemed to be the amount of the 
     allowance which would have been payable to such employee for 
     such quarter under such project had such employee been in pay 
     status throughout such quarter.
       (c) Termination.--An employee's entitlement to quarterly 
     retention allowance payments under this section shall cease 
     when--
       (1) the amount of such allowance is reduced to zero under 
     subsection (b), or
       (2) the employee separates or moves to a position in which 
     the employee would not, prior to June 17, 1994, have been 
     entitled to receive an allowance under the demonstration 
     project, whichever is earlier.

       (d) Special Payment Rule.--The Administrator of the Federal 
     Aviation Administration may make payment for the costs 
     incurred under the program established by subsection (a) for 
     the period between June 18, 1994, and September 30, 1994, 
     following the end of the first full pay period that begins on 
     or after October 1, 1994, subject to appropriations made 
     available in fiscal year 1995.
       (e) Study of Recruitment and Retention Incentives.--The 
     Administrator of the Federal Aviation Administration shall 
     conduct a study of impediments that may exist to achieving 
     appropriate air traffic controller staffing levels at hard-
     to-staff facilities. In conducting such study, the 
     Administrator shall identify and evaluate the extent to which 
     special incentives, of a financial or non-financial nature, 
     could be useful in recruiting or retaining air traffic 
     controllers at such facilities. The Administrator shall 
     submit to the Committee on Commerce, Science, and 
     Transportation of the Senate and the Committee on Public 
     Works and Transportation of the House of Representatives not 
     later than 180 days after the date of enactment of this Act a 
     report on (1) the results of such study, (2) planned 
     administrative actions, and (3) any recommended legislation.
                                 ______


             INDEPENDENT SAFETY BOARD AMENDMENT ACT OF 1994

                                 ______


                        FORD AMENDMENT NO. 1706

  Mr. BAUCUS (for Mr. Ford) proposed an amendment to the bill (S. 1588) 
to amend the Independent Safety Board Act of 1974 to authorize 
appropriations for fiscal years 1994, 1995, and 1996; as follows:

       Strike all after the enacting clause and insert in lieu 
     thereof the following:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Independent Safety Board Act 
     Amendments of 1994''.

     SEC. 2. AUTHORIZATION OF APPROPRIATIONS.

       Sec. 309(a) of the Independent Safety Board Act of 1974 (49 
     App. U.S.C. 1907(a)) is amended to read as follows:
       ``(a) There are authorized to be appropriated for the 
     purposes of this Act not to exceed $37,580,000 for the fiscal 
     year ending September 30, 1994, $44,000,000 for the fiscal 
     year ending September 30, 1995, and $45,100,000 for the 
     fiscal year ending September 30, 1996. Such sums shall remain 
     available until expended.''.

     SEC. 3. APPLICABILITY OF CERTAIN REGULATIONS AND REQUIREMENTS 
                   TO THE OPERATION OF PUBLIC AIRCRAFT.

       (a) Definition of Public Aircraft.--Section 101(36) of the 
     Federal Aviation Act of 1958 (49 App. U.S.C. 1301(36)) is 
     amended--
       (1) by striking ``persons or'' and inserting in lieu 
     thereof ``persons, or engaged in carrying'';
       (2) by inserting ``(A)'' immediately after ``For purposes 
     of this paragraph,''; and
       (3) by striking the period at the end of the second 
     sentence and inserting in lieu thereof '', and (B) `engaged 
     in carrying persons' includes the provision of passenger 
     transportation but does not include (i) the carriage of 
     crewmembers or of other persons abroad an aircraft whose 
     presence is required to perform, or is associated with the 
     performance of, a governmental function such as firefighting, 
     search and rescue, law enforcement, aeronautical research, or 
     biological or geological resource management, or (ii) the 
     carriage of persons (for other than commercial purposes) 
     aboard aircraft operated by the Armed Forces or an 
     intelligence agency of the United States.''.
       (b) Exemptions.--Notwithstanding the provisions of section 
     610(a) of the Federal Aviation Act of 1958 (49 App. U.S.C. 
     1430(a)), the Administrator of the Federal Aviation 
     Administration may grant exemptions pursuant to section 
     601(c) of the Federal Aviation Act of 1958 (49 App. U.S.C. 
     1421(c)) to a governmental entity with respect to an 
     aircraft which, before the date of enactment of this Act 
     and while owned or operated by such governmental entity, 
     was engaged in carrying persons. For purposes of this 
     subsection, the term ``engaged in carrying persons'' has 
     the meaning given that term under section 101(36) of the 
     Federal Aviation Act of 1958 (49 App. U.S.C. 1301(36)), as 
     amended by this Act.
       (c) Investigative Authority of Board.--(1) Section 
     304(a)(1)(A) of the Independent Safety Board Act of 1974 (49 
     App. U.S.C. 1903(a)(1)(A)) is amended by inserting ``, or any 
     aircraft accident involving a public aircraft as defined 
     under section 101(36) of the Federal Aviation Act of 1958 (49 
     App. U.S.C. 1301(36)) other than an aircraft operated by the 
     Armed Forces or by an Intelligence Agency'' immediately 
     before the semicolon at the end.
       (2) Section 304(b) of the Independent Safety Board Act of 
     1974 (49 App. U.S.C. 1903(b)) is amended by redesignating 
     paragraph (12) as paragraph (13) and by inserting immediately 
     after paragraph (11) the following new paragraph:
       ``(12) The Board, in furtherance of its investigative 
     duties with respect to public aircraft accidents under 
     subsection (a)(1)(A), shall have the same duties and powers 
     as are specified for civil aircraft accidents under sections 
     701(a)(1), 701(c), and 701(d) of the Federal Aviation Act of 
     1958 (49 App. U.S.C. 1411(a)(1), (c), and (d)).''.
       (d) Effective Date.--The amendments made by subsections (a) 
     and (c) shall take effect on the date that is 180 days after 
     the date of enactment of this Act.

     SEC. 4. ADVANCED LANDING SYSTEM.

       Notwithstanding any other provision of law or regulation, 
     the Administrator of the Federal Aviation Administration 
     shall consider for approval under subpart C of part 171 of 
     title 14, Code of Federal Regulations, the new generation, 
     low cost, advanced landing system being developed by the 
     Department of Defense. The charter for approval of such 
     system shall be considered and acted upon expeditiously by 
     the Regional Administrator of the Federal Aviation 
     Administration in the region where such system is being 
     developed.

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