[Congressional Record Volume 140, Number 63 (Thursday, May 19, 1994)]
[Senate]
[Page S]
From the Congressional Record Online through the Government Printing Office [www.gpo.gov]


[Congressional Record: May 19, 1994]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]

 
               SAFE DRINKING WATER ACT AMENDMENTS OF 1994

  The PRESIDENT pro tempore. Under the previous order, the Senate will 
now proceed to vote on the passage of S. 2019, which the clerk will 
report.
  The legislative clerk read as follows:

       A 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.

  The Senate resumed consideration of the bill.
  Mr. LEAHY. Mr. President, I rise to bring attention to a new 
dimension of the safe drinking water issue that has become increasingly 
important to several States, and very important to Vermont.
  The goal of the legislation before us, S. 2019, is to guarantee that 
the water from our taps in our homes will be safe--not just from 
bacteria that cause immediate health hazards but also from chemicals 
that can cause expensive, chronic, and life-threatening health 
problems.
  In Vermont, however, with the discovery and the inevitable 
proliferation of the zebra mussel in Lake Champlain, we cannot take for 
granted that we will have water in our taps at all. The zebra mussel 
threatens to clog the water intake pipes of 11 water systems serving 
over 20 communities. In fact, the zebra mussel could cut off the 
drinking water supply for 25 percent of Vermont's population.
  For this reason, I have sponsored an amendment to the Safe Drinking 
Water Act that addresses this important issue. My amendment expands the 
authority in the Non-indigenous Aquatic Nuisance Prevention and Control 
Act to enable the State of Vermont to tackle this problem more 
effectively.
  The Non-indigenous Aquatic Prevention and Control Act, Public Law 
101-646 is a comprehensive and far-sighted piece of legislation that 
addresses the zebra mussel problem. I want to commend Senator Glenn, 
former Representative Bob Davis, and others for providing the 
leadership to pass this bill in 1990. It was drafted at a time when 
zebra mussels were a Great Lakes problem, and my amendment incorporates 
perhaps the sixth ``great lake'', Lake Champlain, into this law.
  My amendment stresses the opportunity that Lake Champlain communities 
have to act quickly to establish controls before the zebra mussel 
becomes established. This is an important opportunity, and one that 
could save many thousands of dollars. With appropriate Federal support, 
Lake Champlain can nip the problem at the bud and lead the Nation in 
early action measures.
  Finally, my amendment allows the State of Vermont to undertake 
research on the zebra mussel with Federal assistance. Ironically, the 
only State in New England that is not eligible for certain zebra mussel 
funds under Public Law 101-646 is also the only State that actually has 
zebra mussels, the State of Vermont. My amendment changes this.
  I know that this amendment will be welcome to the State of Vermont. 
The current legislature is considering an appropriation of almost $6 
million for zebra mussel control and prevention. This substantial 
investment takes away from concurrent efforts to meet safe drinking 
water standards. Without this amendment, towns like South Hero, VT--a 
community that has already made a huge investment to upgrade their 
water system--face a daunting task with few resources. Ultimately, this 
amendment helps promote the vital goal of protecting the water supply 
for the American public.
  I want to thank Chairman Baucus and Senator Chafee for their 
leadership on this difficult bill. I appreciate their hard work to 
bring this bill to the floor with the unanimous support of the 
Committee on Environment and Public Works. I also want to thank Tom 
Sliter and Jo-Ellen Darcy for their hard work on this bill, and 
especially for their work on the amendment.
  Mr. NICKLES. Mr. President, imagine, Mr. President, the burden the 
Federal Government has placed upon the water systems of our country. No 
matter how well intentioned, the Safe Drinking Water Act has begun to 
strangle our water suppliers with costly mandates and red tape. Today 
the Senate will finally vote on long overdue amendments to the Safe 
Drinking Water Act.
  It has been 2 years since I came to this floor and raised serious 
issues with the current safe drinking water law and stated that changes 
needed to be made to make this law more workable. No action occurred. 
In April 1993, I introduced the Water Supply Protection Act of 1993, 
which was a total reauthorization of the Safe Drinking Water Act. Still 
no action occurred despite the pleas from water systems all over the 
Nation.
  Then on March 10, 1994. I cosponsored S. 1920, with Senators 
Domenici, Boren, and Hatfield, which is another safe drinking water 
reauthorization bill. Yet, it was not until April 14 of this year that 
the committee reported out a safe drinking water bill and even then, 
major changes were required before this bill was brought to the floor 
of the Senate.
  My interest in this issue began when rural water systems started to 
raise concerns with the current law during meetings I attended in 
Oklahoma. I repeatedly heard complaints about the cost of the testing 
and monitoring requirements of the current law and the lack of health 
risks associated with many of the act's requirements.
  Under existing law, water systems are required to test and monitor 
for contaminants that do not even exist in their water and EPA has to 
set standards for contaminants which do not even post a health risk. 
The current law requires that by the year 2000, water systems would 
have to be testing, monitoring and treating for over 200 contaminants 
for little to no health benefits.
  The bill, as reported by the committee failed to address the majority 
of my concerns with the current law. However, I commend Senators Baucus 
and Chafee for the steps they have taken to address many of my concerns 
in the managers amendment. Improvements were made to several key 
aspects of the bill including the way EPA sets standards for 
contaminants, selection of contaminants for regulation, monitoring 
requirements, variances for water systems, and the state viability 
program provisions.
  These changes to the bill are significant improvements over current 
law and I strongly encourage the Senators who will be appointed as 
conferees on this bill to insist on these provisions as a minimum. The 
changes made in the managers amendment are good steps in the right 
direction and must be maintained if improvements to the current law are 
to be made.
  Although these amendments are an improvement, I believe additional 
changes may be needed in the future to ensure that public health is 
protected from real risks, not hypothetical risks. Also, additional 
safeguards my be needed to make sure EPA does not impose costly 
requirements on water systems that do not result in true health 
benefits. With these reservations, I intend to support these much 
needed changes to an act that has been broken for too long.
  Mr. BOND. Mr. President, the bill before the Senate represents a 
triumph of common sense and a true legislative success story. As every 
Senator who has heard from their local water operators knows, current 
law has developed into a symbol of the growing frustration over 
prescriptive, often arbitrary, Federal regulations unaccompanied by 
sufficient funds to finance them. Small rural operators who have the 
fewest resources at their disposal have been hit the hardest.
  This bill confirms the Senate's recognition that significant changes 
in current law are necessary. Further, it demonstrates that important 
concepts that are often only included in political speech material can 
be incorporated into affirmative legislative action. These principal 
concepts include: making sound science the basis for Federal 
regulation; relieving States and localities of the growing burdens of 
unfunded Federal mandates; and permitting far more discretion and 
flexibility to those who carry out this important program on the local 
level.
  This legislative success story was driven by the grassroots 
involvement of a coalition of citizens and state and local officials 
outside of Washington who worked constructively and untiringly with 
Senators inside Washington. This is the way the process should work if 
our laws are to become more sensible and this is the way the process 
will have to work if we are to restore the confidence of the American 
people in the ability of Congress to act affirmatively on their behalf.
  I have heard from a number of water operators regarding this bill. 
They are pleased that the bill would permit them to spend thousands of 
dollars treating contaminants that are present in their systems instead 
of the old requirement of wasting thousands of dollars re-testing for 
contaminants that are not present. They are pleased at the recognition 
that even though they are not located in Washington, they are a public 
interest group concerned with public health and, consequently, they 
should be entrusted with greater authority in carrying out this law.
  On behalf of the water operators in Missouri who accept the 
responsibility of providing a safe product and on behalf of Missouri 
citizens who rely on that product, I personally commend the bill and 
its authors. I congratulate the managers of the bill, Chairman Baucus 
and Senator Chafee, and Senators Hatfield and Kerrey who helped craft 
the compromise language that brought the bill to the floor.
  In addition to these Senators, I believe special mention should be 
made of the efforts to Senator Dominici who first worked with the 
coalition to coauthor S. 1920 and whose tireless determination through 
the process helped in very large measure to drive us toward the final 
product we have today. Senator Dominici insisted that this opportunity 
not be missed and pressed diligently in the background. His efforts 
helped to ensure that the EPA use the best available peer-reviewed 
science when promulgating regulations under the bill and to ensure that 
costs and benefits of regulations are weighed to maximize the level of 
water safety each dollar purchases.
  There are many deserving of credit in bringing us to where we are 
today, but I make special mention of Senator Dominici, whose efforts, 
though less visible, were instrumental in the crafting of a good safe 
drinking water bill.


                            risk assessments

  Mr. BUMPERS. Mr. President, I would like to offer an observation 
regarding the amendment by Mr. Johnston on risk assessments, which has 
been included in this bill. We all know that the issue of risk 
assessments has captured the attention of people all across the country 
and that it has become closely tied to the larger concept of unfunded 
Federal mandates.
  The amendment by Mr. Johnston will require EPA to use the best 
reasonably obtainable scientific information in conducting the analyses 
set forth in the amendment. These analyses are directed at EPA's 
description of the risks to be addressed by a regulation, a comparison 
of those risks to other risks regulated by the agency and risks not 
regulated by the agency, and an estimate of the costs of those 
regulations to the Federal, State, and local governments, and the 
private sector. However, the amendment does not direct EPA to establish 
any specific procedure for conducting the original risk assessment 
itself.
  Mr. President, during consideration of this legislation a number of 
Senators, including myself, have raised the issues of unfunded Federal 
mandates, private property rights, and a host of other topics described 
as the unavoidable negative implications of burdensome Federal 
regulation, especially in the area of environmental protection. While I 
am sensitive to the often harsh result of some regulatory programs, we 
need look no further than article 1 of the U.S. Constitution to be 
reminded that Congress is charged with the responsibility ``to provide 
for the common Defence and general Welfare of the United States.'' This 
is a responsibility that I do not take lightly nor, do I believe, does 
any other Member of this body.
  If the Congress were to refrain from taking any action that would 
impose a cost or burden on any individual, State, or community, then we 
would have never enacted the Internal Revenue Code, pest and disease 
quarantine laws, food safety inspection and drug safety and efficacy 
laws, civil rights legislation, and a host of other programs that the 
American public has come to recognize as a proper and necessary 
function of Government.
  In many ways, environmental protection is no less an integral part of 
the general welfare than those items mentioned above. Without clean 
air, clean and safe drinking water, and other environmental 
considerations, this Nation and this planet would be a less comfortable 
place to live, and at some point it would be life itself that would be 
at risk. We have a responsibility, founded in the Constitution, to 
ensure these protections, and we also have a responsibility to ensure 
that the programs designed to maintain those protections are carried 
out in a proper and deliberate manner. The risk assessment process at 
EPA, which the Senator from Louisiana addresses in his amendment, is 
often the basis for many of the environmental programs facing American 
communities, businesses, and individuals, and that process clearly must 
withstand the scrutiny of the best science available in order to ensure 
a reasonable application of regulation to the regulated community and a 
resulting proper allocation of financial resources to fully comply with 
the dictates of those regulations.

  On April 5, 1994, the General Accounting Office released a report on 
the perspectives of State and local government representatives on the 
impact of unfunded Federal mandates. Not surprisingly, many of the 
concerns raised in that report fall in the category of environmental 
regulations. In addition to problems related to the costs and 
inflexibility of those regulations, the report also noted that a major 
concern of States and local governments is the absence of conclusive 
scientific evidence to support the need for some mandate prescriptions. 
The report goes on to state that the lack of conclusive data often 
leads to regulations that are unreasonable, inefficient, or extremely 
costly. Mr. President, I don't feel anyone in this Chamber would oppose 
the implementation of a necessary environmental program grounded in 
sound science, but I think we would all have problems with one that is 
unreasonable, inefficient, and extremely costly.
  On April 22, 1994, an editorial appeared in the Delta Farm Press, a 
farm publication with a wide readership throughout the Midsouth, which 
outlined the high costs of environmental regulations and the need for 
the application of sound science to the process. The editorial quotes 
former EPA Administrator, William K. Reilly, as stating, ``Our society 
is being forced to make enormously costly decisions on a very small 
science base.'' Although the Delta Farm Press is written largely for an 
audience within the farming community, this editorial and the statement 
by Mr. Reilly are just as true when applied to all communities, 
industries, and individuals throughout the United States.
  Mr. President, I am not a scientist. I have no intention of dictating 
to the EPA a specific method of precisely how they should conduct risk 
assessments that will ultimately affect us all in the form of Federal 
regulations. However, this country is blessed with an outstanding 
scientific community which does have the knowledge, expertise, and 
experience to understand what makes risk assessments work and why they 
fail. Toward the goal of injecting a better scientific base into the 
risk assessment process, I was prepared to offer an amendment to this 
bill.
  My amendment would require EPA to establish uniform guidelines for 
risk assessments which would be subject to notice and comment 
rulemaking. This would accomplish several objectives, it would 
guarantee that all risk assessments would be subject to an objective 
scientific standard, it would involve the expertise of the entire 
scientific community, and it would result in a more reasonable, 
efficient, and hopefully less costly, set of regulatory programs. My 
amendment would in no way change the substance of any environmental 
statute, the standards of protection would remain the same. My 
amendment would simply mandate that the procedures by which we measure 
those standards be based on sound science.

  The Senate Committee on Energy and Natural Resources has held 
hearings on risk assessments, and a clear message from the testimony we 
heard expressed the need for a better application of science to the 
process. That sentiment has also been echoed recently by the National 
Academy of Sciences and EPA's own Science Advisory Board. Since the 
specific nature of my amendment has not undergone the scrutiny of 
Senate hearings, I have not offered it to the bill we have passed 
today, but I will introduce it as a separate bill that I hope my 
colleagues will study closely and join me as cosponsors.
  The American people are crying for relief from unreasonable and 
costly regulations, not for a repeal of measures truly intended to 
protect the environment and other aspects of the general welfare of the 
United States. My legislation will not turn the regulatory community on 
its head, but it will be a first good start, along with the efforts of 
Mr. Johnston, to bring an objective standard to the problems imposed on 
the regulated community which, Mr. President, includes every one of us.
  Mr. LEVIN. Mr. President, with the passage of this bill, the Senate 
has produced a piece of legislation that is flexible and reasonable. We 
have listened carefully to the concerns voiced to us since the passage 
of the 1986 amendments by local governments and small communities. In 
response to their justifiable concerns, we are now moving legislation 
that does not contain major new, overly prescriptive requirements that 
provide only marginal returns to public or environmental health. 
Instead, this bill reduces the financial and administrative burdens 
imposed on small communities by current monitoring requirements without 
sacrificing public health. And the bill is intended to simplify the 
entire regulatory process.
  Mr. President, the Senate is now more attuned to the effect that 
Congress' action has on small communities. I hope that this bill 
creates a new setting for the Senate's future consideration of other 
environmental and public health protection measures.
  The PRESIDENT pro tempore. The yeas and nays having been ordered, the 
clerk will call the roll.
  The legislative clerk called the roll.
  Mr. FORD. I announce that the Senator from Rhode Island [Mr. Pell] is 
necessarily absent.
  I also announce that the Senator from Alabama [Mr. Shelby] is absent 
because of illness.
  I further announce that, if present and voting, the Senator from 
Rhode Island [Mr. Pell] would vote ``aye.''
  The PRESIDING OFFICER (Mr. Mathews). Are there any other Senators in 
the Chamber who desire to vote?
  The result was announced--yeas 95, nays 3, as follows:

                      [Rollcall Vote No. 122 Leg.]

                                YEAS--95

     Akaka
     Baucus
     Bennett
     Biden
     Bingaman
     Bond
     Boren
     Boxer
     Bradley
     Breaux
     Brown
     Bryan
     Bumpers
     Burns
     Byrd
     Campbell
     Chafee
     Coats
     Cochran
     Cohen
     Conrad
     Coverdell
     Craig
     D'Amato
     Danforth
     Daschle
     DeConcini
     Dodd
     Dole
     Domenici
     Dorgan
     Durenberger
     Exon
     Feingold
     Feinstein
     Ford
     Glenn
     Gorton
     Graham
     Gramm
     Grassley
     Gregg
     Harkin
     Hatch
     Hatfield
     Heflin
     Hollings
     Hutchison
     Inouye
     Jeffords
     Johnston
     Kassebaum
     Kempthorne
     Kennedy
     Kerrey
     Kerry
     Kohl
     Lautenberg
     Leahy
     Levin
     Lieberman
     Lott
     Lugar
     Mack
     Mathews
     McCain
     McConnell
     Metzenbaum
     Mikulski
     Mitchell
     Moseley-Braun
     Moynihan
     Murkowski
     Murray
     Nickles
     Nunn
     Packwood
     Pryor
     Reid
     Riegle
     Robb
     Rockefeller
     Roth
     Sarbanes
     Sasser
     Simon
     Simpson
     Smith
     Specter
     Stevens
     Thurmond
     Wallop
     Warner
     Wellstone
     Wofford

                                NAYS--3

     Faircloth
     Helms
     Pressler

                             NOT VOTING--2

     Pell
     Shelby
       
  So the bill (S. 2019), as amended, was passed as follows:

                                S. 2019

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

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

       (a) Short Title.--This Act may be cited as the ``Safe 
     Drinking Water Act Amendments of 1994''.
       (b) Table of Contents.--The table of contents of this Act 
     is as follows:

Sec. 1. Short title; table of contents; references.
Sec. 2. Findings.
Sec. 3. State revolving loan funds.
Sec. 4. National drinking water regulations.
Sec. 5. Small systems programs.
Sec. 6. Enforcement of drinking water regulations.
Sec. 7. Control of lead in drinking water.
Sec. 8. Radon in drinking water.
Sec. 9. Water quality protection partnership.
Sec. 10. Emergency powers.
Sec. 11. Drinking water research, education, and certification.
Sec. 12. State drinking water program funding.
Sec. 13. Information and inspections.
Sec. 14. Federal agencies.
Sec. 15. Assessing environmental priorities, costs, and benefits.
Sec. 16. Bottled drinking water standards.
Sec. 17. Research plan for harmful substances in drinking water.
Sec. 18. Risk assessment and cost-benefit analysis.
Sec. 19. Private property rights.
Sec. 20. Other amendments.
            4TITLE I--DEPARTMENT OF ENVIRONMENTAL PROTECTION

Sec. 100. Short title.

Subtitle A--Elevation of the Environmental Protection Agency To Cabinet 
                                 Level

Sec. 101. Short title.
Sec. 102. Findings.
Sec. 103. Establishment of the Department of Environmental Protection.
Sec. 104. Assistant Secretaries.
Sec. 105. Deputy Assistant Secretaries.
Sec. 106. Office of the General Counsel.
Sec. 107. Office of the Inspector General.
Sec. 108. Small business compliance assistance.
Sec. 109. Small governmental jurisdiction compliance assistance.
Sec. 110. Bureau of Environmental Statistics.
Sec. 111. Grant and contract authority for certain activities.
Sec. 112. Study of data needs.
Sec. 113. Miscellaneous employment restrictions.
Sec. 114. Termination of the Council on Environmental Quality and 
              transfer of functions.
Sec. 115. Administrative provisions.
Sec. 116. Inherently governmental functions.
Sec. 117. References.
Sec. 118. Savings provisions.
Sec. 119. Conforming amendments.
Sec. 120. Additional conforming amendments.
Sec. 121. Sense of the Senate.
Sec. 122. Office of Environmental Justice.
Sec. 123. Wetland determinations by a single agency.

Subtitle B--Establishment of the Commission on Improving Environmental 
                               Protection

Sec. 201. Establishment; membership.
Sec. 202. Commission responsibilities.
Sec. 203. Report to the President and Congress.
Sec. 204. Commission staff.
Sec. 205. Advisory groups.
Sec. 206. Termination of Commission.
Sec. 207. Funding; authorization of appropriations.

                       Subtitle C--Effective Date

Sec. 301. Effective date.

       (c) References to Title XIV of the Public Health Service 
     Act.--Except as otherwise expressly provided, whenever in 
     this Act an amendment or repeal is expressed in terms of an 
     amendment to, or repeal of, a section or other provision, the 
     reference shall be considered to be made to a section or 
     other provision of title XIV of the Public Health Service Act 
     (commonly known as the ``Safe Drinking Water Act'') (42 
     U.S.C. 300f et seq.).

     SEC. 2. FINDINGS.

       Congress finds that--
       (1) safe drinking water is essential to the protection of 
     public health;
       (2) the Federal Government needs to assist communities in 
     the financing of drinking water treatment and related 
     projects;
       (3) small drinking water systems need additional technical 
     assistance and information from State and Federal agencies to 
     ensure the provision of safe and affordable drinking water;
       (4) the existing process for the assessment and regulation 
     of additional drinking water contaminants needs to be 
     improved and revised to provide for more extensive 
     participation from interested parties and to strengthen the 
     scientific basis for drinking water regulations;
       (5) States play a central role in the implementation of 
     safe drinking water programs and States need increased 
     financial resources to ensure the prompt and effective 
     development and implementation of drinking water programs; 
     and
       (6) there is substantial noncompliance with requirements of 
     the Safe Drinking Water Act (42 U.S.C. 300f et seq.) and 
     Federal and State agencies need more effective authorities to 
     ensure the implementation of the Act.

     SEC. 3. STATE REVOLVING LOAN FUNDS.

       (a) Establishment of State Loan Funds.--The title (42 
     U.S.C. 300f et seq.) is amended by adding at the end the 
     following new part:

                  ``PART G--STATE REVOLVING LOAN FUNDS


                          ``general authority

       ``Sec. 1471. (a) Capitalization Grant Agreements.--The 
     Administrator shall offer to enter into an agreement with 
     each State to make capitalization grants to the State 
     pursuant to section 1472 (referred to in this part as 
     `capitalization grants') to establish a drinking water 
     treatment State revolving loan fund (referred to in this part 
     as a `State loan fund').
       ``(b) Requirements of Agreements.--An agreement entered 
     into pursuant to this section shall establish, to the 
     satisfaction of the Administrator, that--
       ``(1) the State has established a State loan fund that 
     complies with the requirements of this part;
       ``(2) the State loan fund will be administered by an 
     instrumentality of the State that has the powers and 
     authorities that are required to operate the State loan fund 
     in accordance with this part;
       ``(3) the State will deposit the capitalization grants into 
     the State loan fund;
       ``(4) the State will deposit all loan repayments received, 
     and interest earned on the amounts deposited into the State 
     loan fund under this part, into the State loan fund;
       ``(5) the State will deposit into the State loan fund an 
     amount equal to at least 20 percent of the total amount of 
     each payment to be made to the State on or before the date on 
     which the payment is made to the State, except as provided in 
     subsection (c)(4);
       ``(6) the State will use funds in the State loan fund in 
     accordance with an intended use plan prepared pursuant to 
     section 1474(b);
       ``(7) the State and loan recipients that receive funds that 
     the State makes available from the State loan fund will use 
     accounting, audit, and fiscal procedures that conform to 
     generally accepted accounting standards, as determined by the 
     Administrator; and
       ``(8) the State has adopted policies and procedures to 
     ensure that loan recipients are reasonably likely to be able 
     to repay a loan.
       ``(c) Administration of State Loan Funds.--
       ``(1) In general.--The authority to establish assistance 
     priorities for financial assistance provided with amounts 
     deposited into the State loan fund shall remain with the 
     State agency that has primary responsibility for the 
     administration of the State program pursuant to section 
     1413(a), after consultation with other appropriate State 
     agencies.
       ``(2) Financial administration.--A State may combine the 
     financial administration of the State loan fund pursuant to 
     this part with the financial administration of a State water 
     pollution control revolving fund established by the State 
     pursuant to title VI of the Federal Water Pollution Control 
     Act (33 U.S.C. 1381 et seq.) or other State revolving funds 
     providing financing for similar purposes if the Administrator 
     determines that the grants to be provided to the State under 
     this part, together with loan repayments and interest 
     deposited into the State loan fund pursuant to this part, 
     will be separately accounted for and used solely for the 
     purposes of and in compliance with the requirements specified 
     in this part.
       ``(3) Transfer of funds.--
       ``(A) In general.--Notwithstanding any other provision of 
     law, a Governor of a State may--
       ``(i) reserve up to 50 percent of a capitalization grant 
     made pursuant to section 1472 and add the funds reserved to 
     any funds provided to the State pursuant to section 601 of 
     the Federal Water Pollution Control Act (33 U.S.C. 1381); and
       ``(ii) reserve in any year a dollar amount up to the dollar 
     amount that may be reserved under clause (i) for that year 
     from capitalization grants made pursuant to section 601 of 
     such Act (33 U.S.C. 1381) and add the reserved funds to any 
     funds provided to the State pursuant to section 1472.
       ``(B) State match.--Funds reserved pursuant to this 
     paragraph shall not be considered a State match of a 
     capitalization grant required pursuant to this title or the 
     Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.).
       ``(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.


                        ``capitalization grants

       ``Sec. 1472. (a) General Authority.--The Administrator may 
     make grants to capitalize State loan funds to a State that 
     has entered into an agreement pursuant to section 1471.
       ``(b) Formula for Allotment of Funds.--
       ``(1) In general.--Subject to subsection (c) and paragraph 
     (2), funds made available to carry out this part shall be 
     allotted to States that have entered into an agreement 
     pursuant to section 1471 in accordance with--
       ``(A) for each of fiscal years 1994 through 1997, a formula 
     that is the same as the formula used to distribute public 
     water system supervision grant funds under section 1443 in 
     fiscal year 1994, except that the minimum proportionate share 
     established in the formula shall be 1 percent of available 
     funds and the formula shall be adjusted to include a minimum 
     proportionate share for the State of Wyoming; and
       ``(B) for each of fiscal years 1998 through 2000, a formula 
     that allocates to each State the proportional share of the 
     State needs identified in the most recent survey conducted 
     pursuant to section 1475(c), except that the minimum 
     proportion provided to each State shall be the same as the 
     minimum proportion provided under subparagraph (A).
       ``(2) Other jurisdictions.--The formula established 
     pursuant to paragraph (1) shall reserve a total of not less 
     than 0.5 percent of the amounts made available to carry out 
     this part for a fiscal year for providing direct grants to 
     the jurisdictions, other than Indian tribes, referred to in 
     subsection (f).
       ``(c) Reservation of Funds for Indian Tribes.--
       ``(1) In general.--For each fiscal year, prior to the 
     allotment of funds made available to carry out this part, the 
     Administrator shall reserve 1.5 percent of the funds for 
     providing financial assistance to Indian tribes pursuant to 
     subsection (f).
       ``(2) Use of funds.--Funds reserved pursuant to paragraph 
     (1) shall be used to address the most significant threats to 
     public health associated with public water systems that serve 
     Indian tribes, as determined by the Administrator in 
     consultation with the Commissioner of Indian Affairs and 
     Indian tribes.
       ``(3) Needs assessment.--The Administrator, in consultation 
     with the Commissioner of Indian Affairs and Indian tribes, 
     shall, in accordance with a schedule that is consistent with 
     the needs surveys conducted pursuant to section 1475(c), 
     prepare surveys and assess the needs of drinking water 
     treatment facilities to serve Indian tribes, including an 
     evaluation of the public water systems that pose the most 
     significant threats to public health.
       ``(d) Technical Assistance for Small Systems.--
       ``(1) Definitions.--As used in this subsection:
       ``(A) Small system.--The term `small system' means a public 
     water system that serves a population of 10,000 or less.
       ``(B) Technical assistance.--The term `technical 
     assistance' means assistance provided by a State to a small 
     system, including assistance to potential loan recipients and 
     assistance for planning and design related to the development 
     and implementation of a source water quality protection 
     petition program, alternative supplies of drinking water, 
     restructuring or consolidation of a small system, and 
     treatment to comply with a national primary drinking water 
     regulation.
       ``(2) Reservation of funds.--To provide technical 
     assistance pursuant to this subsection, each State may 
     reserve from capitalization grants received in any year an 
     amount that does not exceed the greater of--
       ``(A) an amount equal to 2 percent of the amount of the 
     capitalization grants received by the State pursuant to this 
     section; or
       ``(B) $300,000.
       ``(e) Allotment Period.--
       ``(1) Period of availability for financial assistance.--
       ``(A) In general.--Except as provided in subparagraph (B), 
     the sums allotted to a State pursuant to subsection (b) for a 
     fiscal year shall be available to the State for obligation 
     during the fiscal year for which the sums are authorized and 
     during the following fiscal year.
       ``(B) Funds made available for fiscal year 1994.--The sums 
     allotted to a State pursuant to subsection (b) from funds 
     that are made available by appropriations for fiscal year 
     1994 shall be available to the State for obligation during 
     each of fiscal years 1994 through 1996.
       ``(2) Reallotment of unobligated funds.--Prior to 
     obligating new allotments made available to the State 
     pursuant to subsection (b), each State shall obligate funds 
     accumulated before a date that is 180 days prior to the date 
     of the obligation of a new allotment from loan repayments and 
     interest earned on amounts deposited in a State loan fund. 
     The amount of any allotment that is not obligated by a State 
     by the last day of the period of availability established by 
     paragraph (1) may, at the election of the Governor of such 
     State, be reallocated in the form of additional grants 
     pursuant to subsection (f)(1) for eligible projects. 
     Otherwise such amount shall be immediately reallotted by the 
     Administrator on the basis of the same ratio as is applicable 
     to sums allotted under subsection (b), except that the 
     Administrator may reserve and allocate 10 percent of such 
     remaining amount for financial assistance to Indian tribes in 
     addition to the amount allotted under section 1472(c). None 
     of the funds reallotted by the Administrator shall be 
     reallotted to any State that has not obligated all sums 
     allotted to the State pursuant to this section during the 
     period that the sums were available for obligation.
       ``(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).
       ``(f) Direct Grants.--
       ``(1) In general.--The Administrator is authorized to make 
     grants for the improvement of public water systems of Indian 
     tribes, the District of Columbia, the United States Virgin 
     Islands, the Commonwealth of the Northern Mariana Islands, 
     American Samoa, Guam, and the Republic of Palau (pending the 
     entry into full force and effect of the Compact of Free 
     Association between the United States and the Republic of 
     Palau); and
       ``(2) Alaska native villages.--In the case of a grant for a 
     project under this subsection in an Alaska Native village, 
     the Administrator is also authorized to make grants to the 
     State of Alaska for the benefit of Native villages. An amount 
     not to exceed 4 percent of the grant amount may be used by 
     the State of Alaska for project management.
       ``(g) Viability.--Beginning in fiscal year 1998, the 
     Administrator shall withhold the percentage prescribed in the 
     following sentence of each capitalization grant made pursuant 
     to this section to a State if the Administrator has not 
     approved a viability program pursuant to section 1418(c) for 
     the State. 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.


                         ``eligible assistance

       ``Sec. 1473. (a) In General.--The amounts deposited into a 
     State loan fund, including any amounts equal to the amounts 
     of loan repayments and interest earned on the amounts 
     deposited, may be used by the State to carry out projects 
     that are consistent with this section.
       ``(b) Projects Eligible for Assistance.--
       ``(1) In general.--The amounts deposited into a State loan 
     fund shall be used only for providing financial assistance 
     for capital expenditures (excluding the cost of land 
     acquisition, unless the cost is incurred to acquire land for 
     the construction of a treatment facility or for a 
     consolidation project) for--
       ``(A) capital expenditures for a project that will 
     facilitate compliance with national primary drinking water 
     regulations promulgated pursuant to section 1412;
       ``(B) capital expenditures for a project that will 
     facilitate the consolidation of public water systems or the 
     use of an alternative source of water supply;
       ``(C) capital expenditures for a project that will upgrade 
     a drinking water treatment system; and
       ``(D) capital expenditures for the development of a public 
     water system to replace private drinking water supplies if 
     the water poses a significant threat to human health.
       ``(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.
       ``(c) Eligible Public Water Systems.--A State loan fund may 
     provide financial assistance only to community water systems 
     and publicly owned and nonprofit noncommunity water systems.
       ``(d) Types of Assistance.--Except as otherwise limited by 
     State law, the amounts deposited into a State loan fund under 
     this section may be used only--
       ``(1) to make loans, on the condition that--
       ``(A) the interest rate for each loan is less than or equal 
     to the market interest rate, including an interest free loan;
       ``(B) principal and interest payments on each loan will 
     commence not later than 1 year after completion of the 
     project for which the loan was made and each loan will be 
     fully amortized not later than 20 years after the completion 
     of the project, except that in the case of a disadvantaged 
     community (as defined in subsection (e)(1)), a State may 
     provide an extended term for a loan, if the extended term--
       ``(i) terminates not later than the date that is 30 years 
     after the date of project completion; and
       ``(ii) does not exceed the expected design life of the 
     project;
       ``(C) the recipient of each loan will establish a dedicated 
     source of revenue for the repayment of the loan; and
       ``(D) the State loan fund will be credited with all 
     payments of principal and interest on each loan;
       ``(2) to buy or refinance the debt obligation of a 
     municipality or an intermunicipal or interstate agency within 
     the State at an interest rate that is less than or equal to 
     the market interest rate in any case in which a debt 
     obligation is incurred after October 14, 1993, or to 
     refinance a debt obligation for a project constructed to 
     comply with a regulation established pursuant to an amendment 
     to this title made by the Safe Drinking Water Act Amendments 
     of 1986 (Public Law 99-339; 100 Stat. 642);
       ``(3) to guarantee, or purchase insurance for, a local 
     obligation if the guarantee or purchase would improve credit 
     market access or reduce the interest rate applicable to the 
     obligation;
       ``(4) as a source of revenue or security for the payment of 
     principal and interest on revenue or general obligation bonds 
     issued by the State if the proceeds of the sale of the bonds 
     will be deposited into the State loan fund;
       ``(5) as a source of revenue or security for the payment of 
     interest on a local obligation; and
       ``(6) to earn interest on the amounts deposited into the 
     State loan fund.
       ``(e) Assistance for Disadvantaged Communities.--
       ``(1) Definition of disadvantaged community.--As used in 
     this subsection, the term `disadvantaged community' means the 
     service area of a public water system that meets 
     affordability criteria established after public review and 
     comment by the State in which the public water system is 
     located. The Administrator may publish information to assist 
     States in establishing affordability criteria.
       ``(2) Loan subsidy.--Notwithstanding subsection (d), in any 
     case in which the State makes a loan pursuant to subsection 
     (d) to a disadvantaged community or to a community that the 
     State expects to become a disadvantaged community as the 
     result of a proposed project, the State may provide 
     additional subsidization (including forgiveness of 
     principal).
       ``(3) Total amount of subsidies.--For each fiscal year, the 
     total amount of loan subsidies made by a State pursuant to 
     paragraph (2) may not exceed 30 percent of the amount of the 
     capitalization grant received by the State for the year.


                    ``state loan fund administration

       ``Sec. 1474. (a) Administration, Technical Assistance, and 
     Management.--
       ``(1) Administration.--Each State that has a State loan 
     fund is authorized to expend from the State loan fund a 
     reasonable amount not to exceed 4 percent of the 
     capitalization grant made to the State, for the costs of the 
     administration of the State loan fund.
       ``(2) State program management assistance.--
       ``(A) In general.--Each State that has a loan fund is 
     authorized to expend from the State loan fund an amount, 
     determined pursuant to this paragraph, to carry out the 
     public water system supervision program and source water 
     quality protection petition program in the State.
       ``(B) Limitation.--Amounts expended pursuant to this 
     paragraph in a fiscal year may not exceed the amount that is 
     equal to the percentage specified in subparagraph (C) of the 
     amount that is the difference between the grant funds 
     available to the State in the fiscal year pursuant to section 
     1443(a) (including non-Federal funds matching the grant 
     funds) and the amounts identified in the public water system 
     supervision resource model established pursuant to section 
     1443, including State source water protection programs 
     established pursuant to section 1429.
       ``(C) Percentage.--The percentage referred to in 
     subparagraph (B) shall be--
       ``(i) 50 percent in fiscal year 1995;
       ``(ii) 100 percent in each of fiscal years 1996, 1997, and 
     1998; and
       ``(iii) 50 percent in fiscal year 1999.
       ``(D) State funds.--Funds may not be expended pursuant to 
     this paragraph unless the Administrator determines that--
       ``(i) the amount of State funds supporting the water supply 
     supervision program is not less than the amount of State 
     funds provided in fiscal year 1993; and
       ``(ii) in fiscal year 1999, funding for the water supply 
     supervision program in the State (including funding provided 
     pursuant to this paragraph) will be at a level that is no 
     less than the level specified in the resource model 
     established pursuant to section 1443.
       ``(b) Intended Use Plans.--
       ``(1) In general.--After providing for public review and 
     comment, each State that has entered into a capitalization 
     agreement pursuant to this part shall annually prepare a plan 
     that identifies the intended uses of the amounts available to 
     its State loan fund.
       ``(2) Contents.--An intended use plan shall include--
       ``(A) a list of the projects to be assisted in the first 
     fiscal year that begins after the date of the plan, including 
     a description of the project, the expected terms of financial 
     assistance, and the size of the community served;
       ``(B) the criteria and methods established for the 
     distribution of funds;
       ``(C) a description of the financial status of the State 
     loan fund and the short-term and long-term goals of the State 
     loan fund;
       ``(D) to the maximum extent practicable, a description of 
     all projects for which public water systems sought financial 
     assistance for the fiscal year and the per household costs 
     for drinking water for the systems; and
       ``(E) to the maximum extent practicable, a description of 
     projects expected to be assisted in the 2 fiscal years 
     following the fiscal year for which a list was prepared under 
     subparagraph (A).
       ``(3) Use of funds.--An intended use plan shall provide, to 
     the maximum extent practicable, that priority for the use of 
     funds be given to those projects that address the most 
     serious risk to human health and that assist systems most in 
     need on a per household basis according to State 
     affordability criteria.


                      ``state loan fund management

       ``Sec. 1475. (a) In General.--Not later than 1 year after 
     the date of enactment of this part, and annually thereafter, 
     the Administrator shall conduct such reviews and audits as 
     the Administrator considers appropriate, or require each 
     State to have the reviews and audits independently conducted, 
     in accordance with the single audit requirements of chapter 
     75 of title 31, United States Code.
       ``(b) State Reports.--Not later than 2 years after the date 
     of enactment of this part, and biennially thereafter, each 
     State that administers a State loan fund shall publish and 
     submit to the Administrator a report on the activities of the 
     State under this part, including the findings of the most 
     recent audit of the State loan fund.
       ``(c) Drinking Water Needs Survey and Assessment.--Not 
     later than 2 years after the date of enactment of this part, 
     and every 2 years thereafter, the Administrator shall submit 
     to Congress a survey and assessment of the needs for 
     facilities in each State eligible for assistance under this 
     part. The survey shall be submitted in even-numbered years so 
     as to alternate annually with the estimate and comprehensive 
     study of costs required to be submitted to Congress in each 
     odd-numbered year under section 516(b) of the Federal Water 
     Pollution Control Act (33 U.S.C. 1381(b)). The survey and 
     assessment conducted pursuant to this subsection shall--
       ``(1) identify, by State, the needs for projects or 
     facilities owned or controlled by community water systems 
     eligible for assistance under this part on the date of the 
     assessment (other than refinancing for a project pursuant to 
     section 1473(d)(2));
       ``(2) estimate the needs for eligible facilities over the 
     20-year period following the date of the assessment;
       ``(3) identify, by size category, the population served by 
     public water systems with needs identified pursuant to 
     paragraph (1); and
       ``(4) include such other information as the Administrator 
     determines to be appropriate.
       ``(d) Evaluation.--The Administrator shall conduct an 
     evaluation of the effectiveness of the State loan funds 
     through fiscal year 1996. The evaluation shall be submitted 
     to Congress at the same time as the President submits to 
     Congress, pursuant to section 1108 of title 31, United States 
     Code, an appropriations request for fiscal year 1998 relating 
     to the budget of the Environmental Protection Agency.


                             ``enforcement

       ``Sec. 1476. The failure or inability of any public water 
     system to receive funds under this part or any other loan or 
     grant program, or any delay in obtaining the funds, shall not 
     alter the obligation of the system to comply in a timely 
     manner with all applicable drinking water standards and 
     requirements of this title.


                           ``labor standards

       ``Sec. 1477. (a) In General.--The Administrator shall take 
     such action as is necessary to ensure that all laborers and 
     mechanics employed by contractors or subcontractors of 
     projects for which financial assistance is provided under 
     this part (including any assistance derived from repayments 
     to the State loan fund) shall be paid wages at rates not less 
     than the prevailing rates for the same type of work on 
     similar construction in the immediate locality, as determined 
     by the Secretary of Labor in accordance with the Act entitled 
     `An Act relating to the rate of wages for laborers and 
     mechanics employed on public buildings of the United States 
     and the District of Columbia by contractors and 
     subcontractors, and for other purposes', approved March 3, 
     1931 (commonly known as the `Davis-Bacon Act') (40 U.S.C. 
     276a et seq.).
       ``(b) Authority and Functions.--With respect to the labor 
     standards described in subsection (a), the Secretary of Labor 
     shall have the authority and functions set forth in 
     Reorganization Plan Numbered 14 of 1950 (15 Fed. Reg. 3176) 
     and section 2 of the Act of June 13, 1934 (48 Stat. 948, 
     chapter 482; 40 U.S.C. 276c).


                       ``regulations and guidance

       ``Sec. 1478. The Administrator shall publish such guidance 
     and promulgate such regulations as are necessary to carry out 
     this part, including guidance and regulations to ensure 
     that--
       ``(1) each State commits and expends funds from State loan 
     funds in accordance with the requirements of this part and 
     applicable Federal and State laws; and
       ``(2) the States and eligible public water systems that 
     receive funds under this part use accounting, audit, and 
     fiscal procedures that conform to generally accepted 
     accounting standards.


                   ``authorization of appropriations

       ``Sec. 1479. (a) General Authorization.--There are 
     authorized to be appropriated to the Environmental Protection 
     Agency to carry out this part $600,000,000 for fiscal year 
     1994 and $1,000,000,000 for each of fiscal years 1995 through 
     2000.
       ``(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.''.
       (b) Definitions.--Section 1401 (42 U.S.C. 300f) is 
     amended--
       (1) 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 new subparagraph:
       ``(B) For purposes of part G, the term `State' means each 
     of the 50 States and the Commonwealth of Puerto Rico.'';
       (2) in paragraph (14), by adding at the end the following 
     new sentence: ``For purposes of part G, the term includes any 
     Native village, as defined in section 3(c) of the Alaska 
     Native Claims Settlement Act (43 U.S.C. 1602(c)).''; and
       (3) by adding at the end the following new paragraphs:
       ``(15) The term `community water system' means a public 
     water system 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) The term `noncommunity water system' means a public 
     water system that is not a community water system.''.

     SEC. 4. NATIONAL DRINKING WATER REGULATIONS.

       (a) Standards.--Section 1412(b) (42 U.S.C. 300g-1(b)) is 
     amended by striking ``(b)(1)'' and all that follows through 
     the end of paragraph (2) and inserting the following:
       ``(b) Standard Setting Schedules and Deadlines.--
       ``(1) In general.--
       ``(A) Goals and regulations for certain contaminants.--In 
     the case of those contaminants listed in the Advance Notice 
     of Proposed Rulemaking published in volume 47, Federal 
     Register, page 9352, and in volume 48, Federal Register, page 
     45502, the Administrator shall publish maximum contaminant 
     level goals and promulgate national primary drinking water 
     regulations--
       ``(i) not later than 12 months after June 19, 1986, for not 
     less than 9 of the listed contaminants;
       ``(ii) not later than 24 months after June 19, 1986, for 
     not less than 40 of the listed contaminants; and
       ``(iii) not later than 36 months after June 19, 1986, for 
     the remainder of the listed contaminants.
       ``(B) Substitution of contaminants.--If the Administrator 
     identifies a drinking water contaminant the regulation of 
     which, in the judgment of the Administrator, is more likely 
     to be protective of public health (taking into account the 
     schedule for regulation under subparagraph (A)), the 
     Administrator may publish a maximum contaminant level goal 
     and promulgate a national primary drinking water regulation 
     for the identified contaminant in lieu of regulating the 
     contaminant referred to in such subparagraph. There may be no 
     more than 7 contaminants in subparagraph (A) for which 
     substitutions may be made. Regulation of a contaminant 
     identified under this subparagraph shall be in accordance 
     with the schedule applicable to the contaminant for which the 
     substitution is made.
       ``(2) Disinfectants and disinfection byproducts.--
       ``(A) Proposed goals and regulation.--Not later than May 
     31, 1994, the Administrator shall propose maximum contaminant 
     level goals or maximum residual disinfectant level goals, and 
     a national primary drinking water regulation, for 
     disinfectants and disinfection byproducts (including maximum 
     residual disinfectant levels). The Administrator shall also 
     propose an interim enhanced surface water treatment rule for 
     systems serving a population of more than 10,000 that 
     includes a maximum contaminant level goal for 
     cryptosporidium. The proposed regulation shall be consistent 
     with the `Disinfection and Disinfection Byproducts Negotiated 
     Rulemaking Committee Agreement'.
       ``(B) Stage i regulation.--Not later than December 31, 
     1996, the Administrator shall, after notice and opportunity 
     for public comment, publish maximum contaminant level goals 
     or maximum residual disinfectant level goals, and promulgate 
     a revised national primary drinking water regulation for 
     disinfectants and disinfection byproducts (including maximum 
     residual disinfectant levels) and an interim enhanced surface 
     water treatment rule for systems serving a population of more 
     than 10,000 for microbial contaminants, including 
     cryptosporidium.
       ``(C) Information collection rule.--Not later than July 29, 
     1994, the Administrator shall, after notice and opportunity 
     for comment, promulgate an information collection rule to 
     obtain information that will facilitate further revisions to 
     the national primary drinking water regulation for 
     disinfectants and disinfection byproducts, including 
     information on microbial contaminants such as 
     cryptosporidium.
       ``(D) Proposed rule.--Not later than June 30, 1997, the 
     Administrator shall propose a long-term enhanced surface 
     water treatment rule for all public water systems (including 
     any appropriate revisions to the interim regulations for 
     public water systems serving a population of more than 
     10,000) promulgated pursuant to subparagraph (B).
       ``(E) Final rule.--Not later than December 31, 1998, the 
     Administrator shall promulgate a long-term enhanced surface 
     water treatment rule for all public water systems (including 
     any appropriate revisions to the interim regulations for 
     public water systems serving a population of more than 
     10,000) promulgated pursuant to subparagraph (B).
       ``(F) Stage ii regulation.--Not later than June 30, 2000, 
     the Administrator shall, after notice and opportunity for 
     comment, promulgate a revised national primary drinking water 
     regulation for disinfectants and disinfection byproducts 
     taking into account the information collected under 
     subparagraph (C). To the extent practicable, the 
     Administrator shall develop the revised national primary 
     drinking water regulation through the negotiated rulemaking 
     procedure provided for under subchapter III of chapter 5 of 
     title 5, United States Code.''.
       (b) Filtration Technology for Small Systems.--Section 
     1412(b)(7)(C) (42 U.S.C. 300g-1(b)(7)(C) is amended by adding 
     at the end the following new clause:
       ``(v) Filtration technology for small systems.--At the same 
     time as the Administrator proposes a regulation pursuant to 
     paragraph (2)(A), the Administrator shall propose a 
     regulation that describes treatment techniques that meet the 
     requirements for filtration pursuant to this subparagraph and 
     are feasible for community water systems serving a population 
     of 3,300 or less and noncommunity water systems.''.
       (c) Identification of Contaminants for Listing.--Paragraph 
     (3) of section 1412(b) (42 U.S.C. 300g-1(b)(3)) is amended to 
     read as follows:
       ``(3) Identification of contaminants for listing.--
       ``(A) General authority.--The Administrator shall publish a 
     maximum contaminant level goal, and promulgate a national 
     primary drinking water regulation, for each contaminant 
     (other than a contaminant referred to in paragraph (1) or (2) 
     for which a national primary drinking water regulation has 
     been promulgated) if, in the judgment of the Administrator, 
     the contaminant may have an adverse effect on the health of 
     persons and the contaminant is known or anticipated to occur 
     in public water systems with a frequency and at levels of 
     public health concern.
       ``(B) Contaminants to be considered.--
       ``(i) Initial list.--Not later than 3 years after the date 
     of enactment of the Safe Drinking Water Act Amendments of 
     1994, the Administrator shall publish a list of not fewer 
     than 15 contaminants that, in the judgment of the 
     Administrator (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), 
     present the greatest public health concern, based on 
     available information with respect to the adverse health 
     effects associated with the contaminants and the known or 
     anticipated occurrence of the contaminants in public water 
     systems.
       ``(ii) Subsequent lists.--Not later than 5 years after the 
     date of publication of the initial list under clause (i), and 
     every 5 years thereafter, the Administrator shall publish a 
     list of not fewer than 7 additional contaminants meeting the 
     criteria set forth in clause (i).
       ``(iii) Comment.--The Administrator shall seek comment on 
     each of the lists required under clauses (i) and (ii) prior 
     to publication of each list from officials of State and local 
     governments, operators of public water systems, the 
     scientific community, and the general public.
       ``(iv) List of contaminants.--Each of the contaminants 
     listed pursuant to clause (ii) shall be on the list of 
     contaminants established pursuant to section 1445(a)(2)(B).
       ``(v) Proposed work plans.--Proposed work plans, including 
     schedules and milestones, for meeting the requirements of 
     subparagraphs (C), (D), and (E) shall be published at the 
     time a list is published under this subparagraph.
       ``(C) Proposed goal and regulation.--Not later than 18 
     months after the date on which a contaminant has been listed 
     pursuant to subparagraph (B), the Administrator shall publish 
     a maximum contaminant level goal, and propose a national 
     primary drinking water regulation, for the contaminant, if 
     the Administrator determines that--
       ``(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;
       ``(ii) adequate data are available to develop the 
     regulation; and
       ``(iii) the contaminant meets the criteria for regulation 
     established in subparagraph (A).

     A determination under this subparagraph shall be a final 
     agency action for purposes of section 1448.
       ``(D) Final work plan for information.--Not later than 18 
     months after the date on which a contaminant is listed 
     pursuant to subparagraph (B) and for each of the contaminants 
     for which a national primary drinking water regulation is not 
     proposed pursuant to subparagraph (C)(ii), the Administrator 
     shall publish a final work plan with respect to the 
     contaminant for collecting information and conducting studies 
     necessary for development of a national primary drinking 
     water regulation for the contaminant.
       ``(E) Publication of goal and regulation or 
     determination.--After the completion of studies for a 
     contaminant identified in a work plan under subparagraph (D), 
     but not later than 5 years after a contaminant is first 
     listed under subparagraph (B), the Administrator shall 
     publish--
       ``(i) a maximum contaminant level goal and propose a 
     national primary drinking water regulation for the 
     contaminant; or
       ``(ii) a determination that the contaminant does not meet 
     the criteria for regulation under subparagraph (A).
     A determination under clause (ii) shall be a final agency 
     action for purposes of section 1448.
       ``(F) Issuance of regulations.--The Administrator shall 
     promulgate a national primary drinking water regulation for 
     each contaminant for which a regulation is proposed under 
     this paragraph not later than 24 months after the date on 
     which the regulation is proposed.
       ``(G) Urgent threats to public health.--The Administrator 
     may promulgate a national primary drinking water regulation 
     for a contaminant using procedures other than the procedures 
     specified in subparagraphs (B) through (F) to address an 
     urgent threat to public health.
       ``(H) Monitoring data and other information.--The 
     Administrator may require, in accordance with section 
     1445(a)(2), the submission of monitoring data and other 
     information necessary for the development of studies, work 
     plans, or national primary drinking water regulations.
       ``(I) National drinking water occurrence data base.--
       ``(i) In general.--Not later than 3 years after the date of 
     enactment of the Safe Drinking Water Act Amendments of 1994, 
     the Administrator shall assemble and maintain a national 
     drinking water occurrence data base, using information on the 
     occurrence of both regulated and unregulated contaminants in 
     public water systems obtained under section 1445(a) and 
     information from other public and private sources.
       ``(ii) Use.--The data shall be used by the Administrator in 
     making determinations under this section with respect to the 
     occurrence of a contaminant in drinking water at a level of 
     public health concern.
       ``(iii) Public recommendations.--The Administrator shall 
     periodically solicit recommendations from the appropriate 
     officials of the National Academy of Sciences, and any person 
     may submit recommendations to the Administrator, with respect 
     to contaminants that should be included in the national 
     drinking water occurrence data base, including 
     recommendations with respect to additional unregulated 
     contaminants that should be listed under section 1445(a)(2).
       ``(iv) Public availability.--The information from the data 
     base shall be available to the public in readily accessible 
     form.
       ``(v) Regulated contaminants.--With respect to each 
     contaminant for which a national primary drinking water 
     regulation has been established, the data base shall include 
     information on the detection of the contaminant at a 
     quantifiable level in public water systems (including 
     detection of the contaminant at levels not constituting a 
     violation of the maximum contaminant level for the 
     contaminant).
       ``(vi) Unregulated contaminants.--With respect to 
     contaminants for which a national primary drinking water 
     regulation has not been established, the data base shall 
     include--

       ``(I) monitoring information collected by public water 
     systems that serve a population of more than 10,000, as 
     required by the Administrator under section 1445;
       ``(II) monitoring information collected by the States from 
     a representative sampling of public water systems that serve 
     a population of 10,000 or less; and
       ``(III) other appropriate monitoring information on the 
     occurrence of the contaminants in public water systems that 
     is available to the Administrator.

       ``(J) Prior requirements.--The requirements of subparagraph 
     (C) of this paragraph (as it existed before the amendment 
     made by section 4(b) of the Safe Drinking Water Act 
     Amendments of 1994), and any obligations to promulgate 
     regulations not promulgated as of the date of enactment of 
     such Act, are superseded by this paragraph and paragraph 
     (2).''.
       (d) Goals and Standards.--Section 1412(b)(4) (42 U.S.C. 
     300g-1(b)(4)) is amended--
       (1) by striking ``(4) Each maximum'' and inserting the 
     following:
       ``(4) Goals and standards.--
       ``(A) In general.--Each maximum''; and
       (2) by adding at the end 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;
       ``(iii) any potential increased health risk that may occur 
     as a result of compliance with the maximum contaminant level; 
     and
       ``(iv) the effects of the contaminant upon subpopulations 
     that are identified as being at greater risk for adverse 
     health effects in the research and evidence described in 
     section 1442(j).
       ``(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.
       ``(D) Consideration of other health effects.--
       ``(i) Notwithstanding the provisions of subparagraph (A), 
     the Administrator may establish a maximum contaminant level 
     for a contaminant at a level that is less stringent than is 
     feasible if the technology, treatment techniques, and other 
     means used to determine the feasible level would result in an 
     increase in the overall health risk from drinking water by--

       ``(I) increasing the concentration of other contaminants in 
     drinking water; or
       ``(II) interfering with the efficacy of drinking water 
     treatment techniques or processes that are used to comply 
     with other national primary drinking water regulations.

       ``(ii) If the Administrator establishes a maximum 
     contaminant level for any contaminant pursuant to the 
     authority of this subparagraph, the level shall minimize the 
     overall risk of adverse health effects, including the risk 
     from the contaminant and the risk from other contaminants the 
     concentrations of which may be affected by the use of 
     treatment techniques and processes that would be employed to 
     attain the maximum contaminant level.''.
       (e) Monitoring for Unregulated Contaminants.--Section 
     1445(a) (42 U.S.C. 300j-4(a)) is amended by striking 
     paragraphs (2) through (8) and inserting the following new 
     paragraphs:
       ``(2) Monitoring program for unregulated contaminants.--
       ``(A) Establishment.--The Administrator shall promulgate 
     regulations establishing the criteria for a monitoring 
     program for unregulated contaminants. The regulations shall 
     require monitoring of drinking water supplied by public water 
     systems and shall vary the frequency and schedule for 
     monitoring requirements for systems based on the number of 
     persons served by the system, the source of supply, and the 
     contaminants likely to be found.
       ``(B) Monitoring program for certain unregulated 
     contaminants.--
       ``(i) In general.--Not later than 3 years after the date of 
     enactment of the Safe Drinking Water Amendments of 1994, and 
     every 5 years thereafter, the Administrator shall issue a 
     list pursuant to subparagraph (A) of not more than 30 
     unregulated contaminants to be monitored by public water 
     systems and to be included in the national drinking water 
     data base maintained pursuant to section 1412(b)(3)(I).
       ``(ii) Governors' petition.--The Administrator shall 
     include among the list of contaminants for which monitoring 
     is required under section 1445(a)(2) each contaminant 
     recommended in a petition signed by the Governor of each of 7 
     or more States, unless the Administrator determines that the 
     action would prevent the listing of other contaminants of a 
     higher public health concern.
       ``(C) Monitoring by large systems.--A public water system 
     that serves a population of more than 10,000 shall conduct 
     monitoring for all contaminants listed under subparagraph 
     (B).
       ``(D) Monitoring plan for small and medium systems.--Based 
     on the regulations promulgated by the Administrator, each 
     State shall develop a representative monitoring plan to 
     assess the occurrence of unregulated contaminants in public 
     water systems that serves a population of 10,000 or less. The 
     plan shall require monitoring for systems representative of 
     different sizes, types, and geographic locations within the 
     State.
       ``(E) Monitoring results.--Each public water system that 
     conducts monitoring of unregulated contaminants pursuant to 
     this paragraph shall provide the results of the monitoring to 
     the primary enforcement authority for the system.
       ``(F) Waiver of monitoring requirement.--The Administrator 
     may waive the requirement for monitoring for a contaminant 
     under this paragraph in a State, if the State demonstrates 
     that the criteria for listing the contaminant do not apply in 
     that State.
       ``(3) Authorization of appropriations.--There are 
     authorized to be appropriated to carry out this subsection 
     $15,000,000 for each of fiscal years 1995 through 2000.''.
       (f) Drinking Water Standard Review and Compliance 
     Periods.--
       (1) Review period.--The first and second sentences of 
     section 1412(b)(9) (42 U.S.C. 300g-1(b)(9)) are each amended 
     by striking ``3'' each place it appears and inserting ``6''.
       (2) Compliance period.--Paragraph (10) of section 1412(b) 
     (42 U.S.C. 300g-1(b)(10)) is amended to read as follows:
       ``(10) Compliance period.--A national primary drinking 
     water regulation promulgated under this section shall take 
     effect on the date that is 3 years after the date on which 
     the regulation is promulgated unless the Administrator 
     determines that an earlier date is practicable, except that 
     the Administrator or, a State in the case of an individual 
     system, may allow up to 2 additional years to comply with a 
     maximum contaminant level or treatment technique if the 
     Administrator or State determines that additional time is 
     necessary for capital improvements.''.
       (3) Exemptions.--Section 1416 (42 U.S.C. 300g-5) is 
     amended--
       (A) in subsection (a)(1)--
       (i) by inserting after ``(which may include economic 
     factors'' the following: ``, including qualification of the 
     public water system as a `disadvantaged community' pursuant 
     to section 1473(e)(1)''; and
       (ii) by inserting after ``treatment technique 
     requirement,'' the following: ``or to implement measures to 
     develop an alternative source of water supply or restructure 
     or consolidate the system,''; and
       (B) in subsection (b)--
       (i) in the first sentence of paragraph (1)--

       (I) by inserting after ``(A)'' the following: ``(i)'';
       (II) by striking ``(B)'' and inserting ``(ii)'';
       (III) by striking the period at the end of the sentence and 
     inserting ``; or''; and
       (IV) by inserting after subparagraph (A) (as amended by 
     subclauses (I), (II), and (III)) the following new 
     subparagraph:

       ``(B) implementation by the public water system of measures 
     needed to ensure compliance with the requirements of this 
     title, including development of an alternative source of 
     water supply or restructuring or consolidation of the 
     system.''; and
       (ii) in paragraph (2)--

       (I) by striking ``(except as provided in subparagraph 
     (B))'' in subparagraph (A) and all that follows through ``3 
     years after the date of the issuance of the exemption if'' in 
     subparagraph (B) and inserting the following: ``not later 
     than 3 years after the otherwise applicable compliance date 
     established in section 1412(b)(10).

       ``(B) No exemption shall be granted unless'';

       (II) in subparagraph (B)(i), by striking ``within the 
     period of such exemption'' and inserting ``prior to the date 
     established pursuant to section 1412(b)(10)'';
       (III) in subparagraph (B)(ii), by inserting after ``such 
     financial assistance'' the following: ``or assistance 
     pursuant to part G or any other Federal or State program is 
     reasonably likely to be available within the period of the 
     exemption'';
       (IV) in subparagraph (C)--

       (aa) by striking ``500 service connections'' and inserting 
     ``a population of 3,300''; and
       (bb) by striking ``for one or more additional 2-year 
     periods'' and inserting ``for one additional 2-year period''; 
     and

       (V) by adding at the end the following new subparagraph:

       ``(D) Variances.--A public water system may not receive an 
     exemption under this section if the system was granted a 
     variance under section 1415(e).''.
       (g) Monitoring Requirements.--
       (1) Alternative monitoring program.--Section 1445(a)(1) (42 
     U.S.C. 300j-4(a)(1)) is amended--
       (A) by designating the first and second sentences as 
     subparagraphs (A) and (B), respectively; and
       (B) by adding at the end the following new subparagraphs:
       ``(C) Review.--The Administrator shall--
       ``(i) not later than 1 year after the date of enactment of 
     this subparagraph, after consultation with public health 
     experts, representatives of the general public, and officials 
     of State and local governments, review the monitoring 
     requirements for not less than 12 contaminants identified by 
     the Administrator; and
       ``(ii) not later than 1 year after the review, promulgate 
     any necessary modifications.
       ``(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--

       ``(I) are based on occurrence data and other relevant 
     characteristics of the contaminant or the systems subject to 
     the requirements; and
       ``(II) include monitoring frequencies for public water 
     systems in which a contaminant has been detected at a 
     quantifiable level no less frequent than required in the 
     national primary drinking water regulation for the 
     contaminant for a period of 5 years after the detection.

       ``(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.
       ``(iv) Other states.--The Governor of any State that does 
     not have primary enforcement responsibility under section 
     1413 on the date of enactment of this clause may submit to 
     the Administrator a request that the Administrator modify the 
     monitoring requirements established by the Administrator and 
     applicable to public water systems in that State, and the 
     Administrator shall modify the requirements for public water 
     systems in that State if the request of the Governor is in 
     accordance with each of the requirements of this subparagraph 
     that apply to applications from States that have primary 
     enforcement responsibility. A decision by the Administrator 
     to approve a request under this clause shall be for a period 
     of 3 years and may subsequently be extended for periods of 5 
     years.''.
       (2) Small system monitoring.--Section 1445(a)(1) (42 U.S.C. 
     300j-4(a)(1)) (as amended by paragraph (1)(B)) is further 
     amended by adding at the end the following new subparagraph:
       ``(E) Small system monitoring.--With respect to monitoring 
     requirements for contaminants regulated on the basis of the 
     carcinogenic effects of the contaminants, the Administrator 
     or a State that has primary enforcement responsibility 
     pursuant to section 1413(a) may modify the requirements to 
     provide that any public water system that serves a population 
     of 10,000 or less shall not be required to conduct additional 
     quarterly monitoring during any 3-year period for a specific 
     contaminant if monitoring conducted at the beginning of the 
     period for the contaminant fails to detect the presence of 
     the contaminant in the water supplied by the public water 
     system, and the State determines that the contaminant is 
     unlikely to be detected by further monitoring in the 
     period.''.

     SEC. 5. SMALL SYSTEMS PROGRAMS.

       (a) Small System Variances.--
       (1) In general.--Section 1415 (42 U.S.C. 300g-4) is amended 
     by adding at the end the following new subsection:
       ``(e) Small System Variances.--
       ``(1) In general.--The Administrator, or a State with 
     primary enforcement responsibility for public water systems 
     under section 1413, may grant to a public water system 
     serving a population of 10,000 or less (referred to in this 
     subsection as a `small system') a variance under this 
     subsection for compliance with a requirement specifying a 
     maximum contaminant level or treatment technique contained in 
     a national primary drinking water regulation, if the variance 
     meets all the requirements of this subsection.
       ``(2) Availability of variances.--A small system may 
     receive a variance under this subsection if the system 
     installs, operates, and maintains, in accordance with 
     guidance or regulations issued by the Administrator, 
     treatment technology that is feasible for small systems as 
     determined by the Administrator pursuant to section 
     1412(b)(12).
       ``(3) Conditions for granting variances.--A variance under 
     this subsection shall be available only to a system--
       ``(A) that cannot afford to comply, in accordance with 
     affordability criteria established by the State (or the 
     Administrator for State that does not have primary 
     enforcement responsibility under section 1413), with a 
     national primary drinking water regulation, including 
     compliance through treatment, alternative source water 
     supply, or restructuring, including consolidation; and
       ``(B) for which the Administrator or, if the State has 
     primary enforcement responsibility under section 1413, the 
     State determines that the terms of the variance ensure 
     adequate protection of human health, considering the quality 
     of the source water for the system and the removal 
     efficiencies and expected useful life of the treatment 
     technology required by the variance.
       ``(4) Applications.--An application for a variance for a 
     national primary drinking water regulation under this 
     subsection shall be submitted to the Administrator or the 
     State not later than the date that is the later of--
       ``(A) 3 years after the date of enactment of this 
     subsection; or
       ``(B) 1 year after the compliance date of the national 
     primary drinking water regulation as established under 
     section 1412(b)(10) for which a variance is requested.
       ``(5) Variance review and decision.--
       ``(A) Timetable.--The Administrator or the State shall 
     grant or deny a variance not later than 1 year after the 
     application deadlines established in paragraph (4).
       ``(B) Penalty moratorium.--Each public water system that 
     submits a timely application for a variance under this 
     subsection shall not be subject to a penalty in an 
     enforcement action under section 1414 for a violation of a 
     maximum contaminant level or treatment technique in the 
     national primary drinking water regulation with respect to 
     which the variance application was submitted prior to the 
     date of a decision to grant or deny the variance.
       ``(6) Compliance schedules.--
       ``(A) Variances.--A variance granted under this subsection 
     shall require compliance with the conditions of the variance 
     not later than 3 years after the date on which the variance 
     is granted, except that the State may allow up to 2 
     additional years to comply with a treatment technique if the 
     State determines that additional time is necessary for 
     capital improvements, or to allow for financial assistance 
     provided pursuant to part G or any other Federal or State 
     program.
       ``(B) Denied applications.--If the Administrator or a State 
     denies a variance application under this subsection, the 
     public water system shall be in compliance with the 
     requirements of the national primary drinking water 
     regulation for which the variance was requested not later 
     than 4 years after the date on which the national primary 
     drinking water regulation was promulgated.
       ``(7) Duration of variances.--
       ``(A) In general.--A State shall review each variance 
     granted under this subsection not less often than every 5 
     years after the compliance date established in the variance 
     to determine whether the system remains eligible for the 
     variance and is conforming to all conditions of the variance.
       ``(B) Revocation of variances.--The Administrator or, if 
     the State has primary enforcement responsibility under 
     section 1413, the State shall revoke a variance in effect 
     under this subsection if the Administrator or the State 
     determines that--
       ``(i) the system is no longer eligible for a variance;
       ``(ii) the system has failed to comply with any term or 
     condition of the variance, other than a reporting or 
     monitoring requirement; or
       ``(iii) the terms of the variance do not ensure adequate 
     protection of human health, considering the quality of source 
     water available to the system and the removal efficiencies 
     and expected useful life of the treatment technology required 
     by the variance.
       ``(8) Ineligibility for variances.--A variance shall not be 
     available under this subsection for--
       ``(A) any maximum contaminant level or treatment technique 
     for a contaminant with respect to which a national primary 
     drinking water regulation was promulgated prior to January 1, 
     1986; or
       ``(B) a national primary drinking water regulation for a 
     microbial contaminant (including a bacterium, virus, or other 
     organism) or an indicator or treatment technique for a 
     microbial contaminant.
       ``(9) Regulations and guidance.--
       ``(A) In general.--Not later than 2 years after the date of 
     enactment of this subsection, the Administrator shall 
     promulgate regulations for variances to be granted under this 
     subsection. The regulations shall, at a minimum, specify--
       ``(i) procedures to be used by the Administrator or a State 
     to grant or deny variances, including requirements for 
     notifying the Administrator and consumers of the public water 
     system applying for a variance and requirements for a public 
     hearing on the variance before the variance is granted;
       ``(ii) requirements for the installation and proper 
     operation of treatment technology that is feasible for small 
     systems;
       ``(iii) eligibility criteria for a variance for each 
     national primary drinking water regulation, including 
     requirements for the quality of the source water (pursuant to 
     section 1412(b)(12)(A)) and the financial and technical 
     capability to operate the treatment system, including 
     operator training and certification; and
       ``(iv) information requirements for variance applications.
       ``(B) Affordability criteria.--Not later than 18 months 
     after the date of enactment of the Safe Drinking Water Act 
     Amendments of 1994, the Administrator, in consultation with 
     the States, shall publish information to assist the States in 
     developing affordability criteria. The affordability criteria 
     shall be reviewed by the States not less often than every 5 
     years to determine if changes are needed to the criteria.
       ``(10) Review by the administrator.--
       ``(A) In general.--The Administrator shall periodically 
     review State decisions with respect to variances to determine 
     whether the variances granted by the State comply with the 
     requirements of this subsection and the regulations 
     promulgated by the Administrator. With respect to 
     affordability, the determination of the Administrator shall 
     be limited to whether the variances granted by the State 
     comply with the affordability criteria developed by the 
     State.
       ``(B) Objections to variances.--
       ``(i) By the administrator.--If any variance proposed to be 
     granted by a State contains provisions that are determined by 
     the Administrator as not in compliance with this subsection 
     (including the requirement that a variance not be granted to 
     a system that can comply with the national primary drinking 
     water regulations through treatment, an alternative source of 
     water supply, or restructuring) and the regulations 
     promulgated by the Administrator pursuant to paragraph (9), 
     the Administrator shall object to the granting of the 
     variance. The State shall respond in writing to each 
     objection of the Administrator. The State shall not grant the 
     variance until the objections of the Administrator have been 
     resolved.
       ``(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.
       ``(C) Notice and publication.--If the Administrator 
     determines that variances granted by a State are not in full 
     compliance with affordability criteria developed by the State 
     and the regulations promulgated by the Administrator pursuant 
     to paragraph (9), the Administrator shall notify the State in 
     writing of the deficiencies and make public the 
     determination.''.
       (2) Small system treatment technologies.--Section 1412(b) 
     (42 U.S.C. 300g-1(b)) is amended by adding at the end the 
     following new paragraph:
       ``(12) Small system treatment technologies.--
       ``(A) In general.--At the same time as the Administrator 
     promulgates a national primary drinking water regulation 
     pursuant to this section, the Administrator shall issue 
     guidance or regulations describing a treatment technology (or 
     technologies) for the contaminant that is the subject of the 
     regulation that is feasible (as defined in paragraph (5)) for 
     public water systems serving a population of 10,000 or less. 
     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. The guidance 
     or regulations shall identify the effectiveness of the 
     technology, the cost of the technology, and other factors 
     related to the use of the technology, including requirements 
     for the quality of source water to ensure adequate protection 
     of human health, considering removal efficiencies of the 
     technology, and installation, and operation and maintenance 
     requirements, for the technology. The Administrator shall not 
     issue guidance or regulations for a technology under this 
     paragraph unless the technology adequately protects human 
     health, considering the expected useful life of the 
     technology and the source waters available to systems for 
     which the technology is considered feasible.
       ``(B) Regulations and guidance.--Not later than 2 years 
     after the date of enactment of this paragraph, the 
     Administrator shall issue guidance or regulations under 
     subparagraph (A) for each national primary drinking water 
     regulation promulgated prior to the date of enactment of this 
     paragraph for which a variance may be granted under section 
     1415(e). The Administrator may, at any time after a national 
     primary drinking water regulation has been promulgated, issue 
     guidance or regulations describing additional treatment 
     technologies that meet the requirements of subparagraph (A) 
     for public water systems serving a population of 3,300 or 
     less that are subject to the regulation.''.
       (3) Availability of information on small system 
     technologies.--Section 1445 (42 U.S.C. 300j-4) is amended by 
     adding at the end the following new subsection:
       ``(g) Availability of Information on Small System 
     Technologies.--For purposes of section 1412(b)(12), the 
     Administrator may request information on the characteristics 
     of commercially available treatment systems and technologies, 
     including the effectiveness and performance of the systems 
     and technologies under various operating conditions. The 
     Administrator may specify the form, content, and date by 
     which information shall be submitted by manufacturers, 
     States, and other interested persons for the purpose of 
     considering the systems and technologies in the development 
     of regulations or guidance under section 1412(b)(12).''.
       (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.
       ``(2) Approval or disapproval.--The Administrator shall 
     approve or disapprove each State Viability Program not later 
     than 180 days after receipt of the Program. If the 
     Administrator disapproves a Program, the Administrator shall 
     notify the State of the reasons for disapproval in writing 
     and the State may resubmit the Program as modified to resolve 
     the objections of the Administrator.
       ``(3) Withdrawal of approval.--The Administrator may, after 
     notifying a State, withdraw approval of a State Viability 
     Program, if the State fails to carry out the Program as 
     provided in this section.
       ``(d) Penalty Moratorium.--A public water system in 
     violation of a requirement specifying a maximum contaminant 
     level or treatment technique that seeks assistance from a 
     State for restructuring, including physical consolidation, 
     shall not be subject to a penalty in an enforcement action 
     under section 1414 for a violation of the requirement for a 
     period of 3 years, if the system is meeting the terms and 
     conditions of a State restructuring order. The extension 
     described in the preceding sentence shall not apply to a 
     system that applies for assistance after the date that is 4 
     years after the date of enactment of this section.
       ``(e) Systems in Compliance.--Nothing in this section 
     requires a State to prohibit the operation of a public water 
     system that is in compliance with national primary drinking 
     water regulations and other requirements of this title.
       ``(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).''.
       (c) Small Water Systems Technology Centers.--Section 1442 
     (42 U.S.C. 300j-1) is amended by adding at the end the 
     following new subsection:
       ``(h) Small Public Water Systems Technology Assistance 
     Centers.--
       ``(1) Grant program.--The Administrator shall make grants 
     to institutions of higher learning to establish and operate 
     not fewer than 5 small public water system technology 
     assistance centers in the United States.
       ``(2) Responsibilities of the centers.--The 
     responsibilities of the small public water system technology 
     assistance centers established under this subsection shall 
     include the conduct of research, training, and technical 
     assistance relating to the information, performance, and 
     technical needs of small public water systems or public water 
     systems that serve Indian tribes.
       ``(3) Applications.--Any institution of higher learning 
     interested in receiving a grant under this subsection shall 
     submit to the Administrator an application in such form and 
     containing such information as the Administrator may require 
     by regulation.
       ``(4) Selection criteria.--The Administrator shall select 
     recipients of grants under this subsection on the basis of 
     the following criteria:
       ``(A) The small public water system technology assistance 
     center shall be located in a State that is representative of 
     the needs of the region in which the State is located for 
     addressing the drinking water needs of rural small 
     communities or Indian tribes.
       ``(B) The grant recipient shall be located in a region that 
     has experienced problems with rural water supplies.
       ``(C) There is available to the grant recipient for 
     carrying out this subsection demonstrated expertise in water 
     resources research, technical assistance, and training.
       ``(D) The grant recipient shall have the capability to 
     provide leadership in making national and regional 
     contributions to the solution of both long-range and 
     intermediate rural water system technology management 
     problems.
       ``(E) The grant recipient shall have a demonstrated 
     interdisciplinary capability with expertise in small public 
     water system technology management and research.
       ``(F) The grant recipient shall have a demonstrated 
     capability to disseminate the results of small public water 
     system technology research and training programs through an 
     interdisciplinary continuing education program.
       ``(G) The projects that the grant recipient proposes to 
     carry out under the grant are necessary and appropriate.
       ``(H) The grant recipient has regional support beyond the 
     host institution.
       ``(I) For purposes of this subsection, the State of Alaska 
     shall be considered a region.
       ``(5) Consortia of states.--At least 2 of the grants shall 
     be made to consortia of States with low population densities. 
     As used in this paragraph, the term `consortia of States with 
     low population densities' means a consortia of States, each 
     State of which has an average population density of less than 
     12.3 persons per square mile, based on data for 1993 from the 
     Bureau of the Census.''.
       (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.''.

     SEC. 6. ENFORCEMENT OF DRINKING WATER REGULATIONS.

       (a) In General.--Section 1414 (42 U.S.C. 300g-3) is amended 
     to read as follows:


              ``ENFORCEMENT OF DRINKING WATER REGULATIONS

       ``Sec. 1414. (a) Civil Enforcement Authority.--If, on the 
     basis of information available to the Administrator, the 
     Administrator finds that a person has violated an applicable 
     requirement 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, the Administrator shall 
     notify the person and the State of the finding and shall 
     issue an order pursuant to subsection (b) requiring the 
     person to comply with the requirement or shall initiate an 
     action for the assessment of an administrative penalty 
     pursuant to subsection (c), or both, or shall initiate a 
     civil action pursuant to subsection (e).
       ``(b) Administrative Compliance Orders.--If the 
     Administrator finds that a person has violated an applicable 
     requirement, the Administrator may issue a compliance order. 
     A compliance order shall be served by personal service, state 
     with reasonable specificity the nature of the violation, and 
     specify a reasonable time for compliance that takes into 
     account the nature of the violation. If an administrative 
     compliance order is issued to a corporation, a copy of the 
     compliance order shall be served on any appropriate corporate 
     officer.
       ``(c) Administrative Penalty Orders.--
       ``(1) In general.--If the Administrator finds that a person 
     has violated an applicable requirement, the Administrator may 
     issue a penalty order assessing a class I or a class II civil 
     penalty against the person.
       ``(2) Penalties.--
       ``(A) Class i.--Except as provided in subsection (d), the 
     Administrator may, after notice and opportunity for hearing 
     (but without regard to chapters 5 and 7 of title 5, United 
     States Code), assess a class I civil penalty under paragraph 
     (1) in an amount not to exceed $10,000 per day per violation, 
     except that the maximum amount of a class I civil penalty may 
     not exceed $25,000.
       ``(B) Class ii.--
       ``(i) In general.--Except as provided in subsection (d), 
     the Administrator may, after notice and opportunity for a 
     hearing on the record in accordance with chapters 5 and 7 of 
     title 5, United States Code, assess a class II civil penalty 
     under paragraph (1) in an amount not to exceed $10,000 per 
     day per violation, except that the maximum amount of a class 
     II civil penalty may not exceed $200,000.
       ``(ii) Public notice and opportunity to comment.--Before 
     assessing a class II civil penalty under clause (i), the 
     Administrator shall provide public notice of, and reasonable 
     opportunity to comment on, the proposed issuance of such 
     order.
       ``(3) Finality of orders.--An order assessing a civil 
     penalty under this subsection shall become final 30 days 
     after the order is issued, except that an order issued upon 
     consent shall become final upon issuance.
       ``(4) Election of civil penalty remedy.--If a civil penalty 
     is assessed by the Administrator for a violation pursuant to 
     this subsection, an additional penalty may not be assessed by 
     the Administrator or a Federal court pursuant to this section 
     for the same violation.
       ``(5) Judicial review.--
       ``(A) In general.--A person against whom a penalty order is 
     issued under this subsection, except upon consent, or who 
     commented on the proposed assessment of the penalty in 
     accordance with paragraph (2)(B)(ii), may obtain review of 
     the order in the United States District Court for the 
     District of Columbia or in the district court in the district 
     in which the violation is alleged to have occurred by filing, 
     during the 30-day period beginning on the date the penalty 
     order becomes final, a complaint with the court. The person 
     shall simultaneously send a copy of the complaint by 
     certified mail to the Administrator and the Attorney General. 
     The Administrator shall promptly file in the court a 
     certified copy of the record on which the order was issued.
       ``(B) Standard of review.--The court shall not set aside or 
     remand the order unless the court finds that there is not 
     substantial evidence in the record, taken as a whole, to 
     support the finding of a violation or that the assessment of 
     the penalty by the Administrator constitutes an abuse of 
     discretion. The court may not impose an additional civil 
     penalty for a violation that is the subject of the assessment 
     by the Administrator unless the court finds that the 
     assessment constitutes an abuse of discretion by the 
     Administrator.
       ``(C) Forum.--Notwithstanding section 1448(a)(2), a penalty 
     order issued under this subsection shall be subject to 
     judicial review only under subparagraph (A).
       ``(6) Collection.--If a person fails to pay an assessed 
     civil penalty after the order making the assessment has 
     become final, or after a court in an action brought under 
     paragraph (5) has entered a final judgment in favor of the 
     Administrator, the Administrator shall request the Attorney 
     General to bring a civil action in an appropriate district 
     court to recover the amount assessed (plus interest at 
     currently prevailing rates from the date of the final order 
     or the date of the final judgment, as the case may be). In 
     the action, the validity, amount, and appropriateness of the 
     penalty shall not be subject to judicial review. A person who 
     fails to pay on a timely basis the amount of an assessed 
     civil penalty as described in the first sentence of this 
     paragraph shall be required to pay, in addition to the amount 
     and interest, attorney fees and costs for collection 
     proceedings and a quarterly nonpayment penalty for each 
     quarter during which the failure to pay persists. The 
     nonpayment penalty shall be in an amount equal to 20 percent 
     of the aggregate amount of the penalties and nonpayment 
     penalties of the person that are unpaid as of the beginning 
     of the quarter.
       ``(7) Subpoenas.--The Administrator, in connection with 
     administrative proceedings brought under this subsection or 
     in connection with investigations conducted pursuant to this 
     part, may issue subpoenas for the attendance and testimony of 
     witnesses and subpoenas duces tecum, and may request the 
     Attorney General to bring an action to enforce any subpoena 
     under this part. The district courts shall have jurisdiction 
     to enforce the subpoenas and impose sanctions.
       ``(d) Federal Facilities.--
       ``(1) Maximum penalty amounts.--The amount of a civil 
     penalty assessed against a Federal agency may exceed the 
     maximum amounts described in subsection (c)(2), but may not 
     exceed $25,000 per day per violation.
       ``(2) Procedure.--Before a civil penalty order or 
     administrative compliance order issued pursuant to this 
     section applicable to a Federal agency 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 chapters 5 and 7 of title 5, United States 
     Code.
       ``(3) Public review.--Any interested person may obtain 
     review of a civil penalty order issued pursuant to this 
     subsection to a Federal agency. The review shall be in 
     accordance with the procedures provided under subsection 
     (c)(5) for persons against whom a penalty order is issued 
     under subsection (c).
       ``(e) Civil Actions.--
       ``(1) In general.--If the Administrator finds that a person 
     has violated an applicable requirement or has failed to 
     comply with an order issued under subsection (b) or section 
     1431, the Administrator may commence a civil action pursuant 
     to this subsection for appropriate relief, including a 
     permanent or temporary injunction.
       ``(2) Jurisdiction.--An action under this subsection may be 
     brought in the district court of the United States for the 
     district in which the defendant is located, resides, or is 
     doing business. The court shall have jurisdiction to restrain 
     any applicable violation and to require compliance with a 
     requirement referred to in paragraph (1). The court may enter 
     such judgment as the protection of public health requires.
       ``(3) Penalties.--A person who has violated an applicable 
     requirement or has failed to comply with any order issued 
     under subsection (b) or section 1431 shall be subject to a 
     civil judicial penalty in an amount not to exceed $25,000 per 
     day for each violation.
       ``(f) Penalty Factors.--In determining the amount of a 
     civil penalty assessed pursuant to this section, the 
     Administrator or court shall consider the seriousness of each 
     violation, the economic benefit (if any) resulting from the 
     violation, any history of similar violations including 
     violations that are not part of the current action, any good 
     faith efforts to comply with applicable requirements before 
     the initiation of the civil action, the size of the system, 
     the economic impact of the penalty on the violator, and such 
     other matters as justice may require.
       ``(g) Effect of Enforcement Action.--Nothing in this 
     section limits the authority of the Administrator to take 
     enforcement action against a person under any other provision 
     or affects the obligation of a person to comply with an 
     applicable requirement or an order issued by the 
     Administrator pursuant to this title (except an order 
     superseding a previous order issued under subsection (b)).
       ``(h) Definition of Applicable Requirement.--As used in 
     this section, the term `applicable requirement' means--
       ``(1) a requirement of section 1412, 1415, 1416, 1417, 
     1419, 1441, 1442, 1445, 1447, 1463, 1464, 1466, or 1471;
       ``(2) a regulation promulgated pursuant to a section 
     referred to in paragraph (1);
       ``(3) a schedule or requirement imposed pursuant to a 
     section referred to in paragraph (1);
       ``(4) a duty to allow access under section 1445(b); and
       ``(5) a requirement of, or permit issued, under an 
     applicable State program for which the Administrator has made 
     a determination that the requirements of section 1413 have 
     been satisfied, or an applicable State program approved 
     pursuant to this part.
       ``(i) Variances and Exemptions.--For purposes of this 
     section, compliance with the requirements of a variance 
     granted pursuant to section 1415 or an exemption issued 
     pursuant to section 1416 for any national primary drinking 
     water regulation shall be considered compliance with the 
     regulation during the term of the variance or exemption.
       ``(j) Consolidation Incentive.--
       ``(1) In general.--An owner or operator of a public water 
     system may submit to the State in which the system is located 
     (if the State has primary enforcement responsibility pursuant 
     to section 1413) or to the Administrator (if the State does 
     not have primary enforcement responsibility) a plan 
     (including specific measures and schedules) for--
       ``(A) the physical consolidation of the system with 1 or 
     more other systems;
       ``(B) the consolidation of significant management and 
     administrative functions of the system with 1 or more other 
     systems; or
       ``(C) the transfer of ownership of the system that may 
     reasonably be expected to improve drinking water quality.
       ``(2) Consequences of approval.--If the State or the 
     Administrator approves a plan pursuant to paragraph (1) no 
     enforcement action shall be taken pursuant to this part and 
     with respect to a specific violation identified in the 
     approved plan prior to the date that is the earlier of the 
     date that consolidation is completed according to the plan or 
     the date that is 2 years after the plan is approved.
       ``(k) Notice of Public Water System to Persons Served.--
       ``(1) In general.--Each owner or operator of a public water 
     system shall give notice to the persons served by the 
     system--
       ``(A) of any failure on the part of the public water system 
     to--
       ``(i) comply with an applicable maximum contaminant level 
     or treatment technique requirement of, or a testing procedure 
     prescribed by, a national primary drinking water regulation; 
     or
       ``(ii) perform monitoring required by section 1445(a); and
       ``(B) if the public water system is subject to a variance 
     granted under section 1415(a)(1)(A), 1415(a)(2), or 1415(e) 
     for an inability to meet a maximum contaminant level 
     requirement or is subject to an exemption granted under 
     section 1416, of--
       ``(i) the existence of the variance or exemption; and
       ``(ii) any failure to comply with the requirements of any 
     schedule prescribed pursuant to the variance or exemption.
       ``(2) Form, manner, and frequency of notice.--
       ``(A) In general.--The Administrator shall, by regulation, 
     prescribe the form, manner, and frequency for giving notice 
     under this subsection.
       ``(B) Violations with potential to cause serious adverse 
     effects on human health.--Regulations promulgated under this 
     subsection shall specify notification procedures for each 
     violation by a community water system that has the potential 
     to cause serious adverse effects on human health. Each notice 
     of a violation provided under this subparagraph shall--
       ``(i) be distributed as soon as practicable after the 
     violation, but not later than 24 hours after the violation;
       ``(ii) be provided to appropriate broadcast media;
       ``(iii) be prominently published in a newspaper of general 
     circulation serving the area not later than 1 day after the 
     distribution of a notice pursuant to clause (i), or the date 
     of publication of the next issue of the newspaper;
       ``(iv) provide a clear and readily understandable 
     explanation of--

       ``(I) the violation;
       ``(II) any potential adverse effects on human health;
       ``(III) the steps that the public water system is taking to 
     correct the violation; and
       ``(IV) the necessity of seeking alternative water supplies 
     until the violation is corrected; and

       ``(v) be provided to the State agency that has primary 
     enforcement responsibility pursuant to section 1413 and to 
     the Administrator.
       ``(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.
       ``(D) Other violations.--Notice of violations other than 
     violations by a community water system identified under 
     subparagraph (B) shall be--
       ``(i) provided not less frequently than annually and 
     prominently published in a newspaper of general circulation 
     serving the area; and
       ``(ii) provided to the State agency that has primary 
     enforcement responsibility pursuant to section 1413 and to 
     the Administrator.
       ``(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.
       ``(F) Annual report by state.--Not later than January 1, 
     1996, and annually thereafter, each State that has primary 
     enforcement responsibility pursuant to section 1413 shall 
     publish an annual report on public water system compliance in 
     the State and submit the report to the Administrator.
       ``(G) Annual report by administrator.--Not later than July 
     1, 1996, and annually thereafter, the Administrator shall 
     submit to Congress an annual report summarizing and 
     evaluating reports submitted by States pursuant to 
     subparagraph (F) and notices submitted by public water 
     systems serving Indian tribes provided to the Administrator 
     pursuant to subparagraph (B) or (D) and making 
     recommendations concerning the resources needed to improve 
     compliance with this title. The report shall include 
     information about public water system compliance on Indian 
     reservations and about enforcement activities undertaken and 
     financial assistance provided by the Administrator on Indian 
     reservations, and shall make specific recommendations 
     concerning the resources needed to improve compliance with 
     this title on Indian reservations.
       ``(l) Notice of Noncompliance With Secondary Drinking Water 
     Regulations.--Whenever, on the basis of information available 
     to the Administrator, the Administrator finds that within a 
     reasonable time after national secondary drinking water 
     regulations have been promulgated, 1 or more public water 
     systems in a State do not comply with the secondary 
     regulations, and that the noncompliance appears to result 
     from a failure of the State to take reasonable action to 
     ensure that public water systems throughout the State meet 
     the secondary regulations, the Administrator shall so notify 
     the State.
       ``(m) State Authority To Adopt or Enforce Laws or 
     Regulations.--Nothing in this title shall diminish any 
     authority of a State or political subdivision to adopt or 
     enforce any law or regulation respecting drinking water 
     regulations or public water systems, but no such law or 
     regulation shall relieve any person of any requirement 
     otherwise applicable under this title.''.
       (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).''.

     SEC. 7. CONTROL OF LEAD IN DRINKING WATER.

       (a) Fittings and Fixtures.--Section 1417 (42 U.S.C. 300g-6) 
     is amended--
       (1) in subsection (a)--
       (A) by striking paragraph (1) and inserting the following 
     new paragraph:
       ``(1) Prohibitions.--
       ``(A) In general.--No person may use any pipe, pipe or 
     plumbing fitting or fixture, solder, or 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 subsections (d) 
     and (e)(4)).
       ``(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 new paragraph:
       ``(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 commerce any pipe or 
     pipe or plumbing fitting or fixture that is not lead free;
       ``(B) for any person engaged in the business of selling 
     plumbing supplies, except manufacturers, to sell solder or 
     flux that is not lead free; or
       ``(C) for any person to introduce into commerce 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 consumption.'';
       (2) in subsection (d)--
       (A) by striking ``For'' and inserting ``Except as provided 
     in subsection (e)(4), for''; and
       (B) in paragraph (2), by striking ``pipe fittings'' each 
     place it appears and inserting ``pipe and plumbing fittings 
     and fixtures''; and
       (3) by adding at the end the following new subsections:
       ``(e) Plumbing Fittings and Fixtures.--
       ``(1) In general.--The Administrator shall provide accurate 
     and timely technical information 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 
     manufacturer to dispense water for human ingestion.
       ``(2) Standards.--
       ``(A) In general.--If a voluntary standard for the leaching 
     of lead is not established by the date that is 1 year after 
     the date of enactment of this subsection, the Administrator 
     shall, not later than 2 years after the date of enactment of 
     this subsection, promulgate regulations setting a health-
     effects-based performance standard establishing maximum 
     leaching levels from new plumbing fittings and fixtures that 
     are intended by the manufacturer to dispense 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 
     promulgated by the date that is 5 years after the date of 
     enactment of this subsection, no person 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.
       ``(f) Water Well Pumps and Water Well System Component 
     Parts.--
       ``(1) The Administrator shall, within one year from the 
     date of enactment, complete a report reviewing data and 
     information on the leaching of lead from water well pumps and 
     water well system component parts (not to include above-
     ground pipes, pipe fittings and fixtures specified under 
     subsection (e)) that come into contact with drinking water 
     and the adequacy of voluntary consensus standards for 
     protecting the health of persons from the leaching of lead. 
     In conducting a review under this paragraph, the 
     Administrator shall identify the potential health risks to 
     children and other vulnerable subpopulations associated with 
     water well pumps and water well system component parts.
       ``(2) Not later than two years after the date of enactment 
     of this paragraph, if the Administrator determines that a 
     voluntary consensus standard is not effectively protecting 
     the health of persons, then the Administrator shall establish 
     a health-effects based performance standard and testing 
     protocol for the maximum leaching of lead from water well 
     pumps and water well system components parts (not to include 
     above-ground pipes, pipe fittings and fixtures specified 
     under subsection (e)) in water well systems that come into 
     contact with drinking water.
       ``(3) It shall be a violation of this Act to import, 
     manufacture, sell, distribute or install a water well pump or 
     water well system component parts (not to include above-
     ground pipes, pipe fittings and fixtures specified in 
     subsection (e)) that leach lead above the maximum level 
     identified in the standard established by the Administrator 
     under paragraph (2).
       ``(4) Not later than 180 days after the date of enactment 
     of this subsection, the Administrator shall request 
     information as is reasonably required to assist the 
     administrator in carrying out the requirements of this 
     subsection.
       ``(5) Report on leaking oil from submersible well pumps.--
       ``(A) Study.--Not later than 1 year after the date of 
     enactment of this subsection, the Administrator shall 
     complete a study that--
       ``(i) reviews data and information on the leaking of oil, 
     including nonfood grade oil and food grade oil, and 
     polychlorinated biphenyls from well pumps that come into 
     contact with drinking water in private wells and wells in 
     public water systems; and
       ``(ii) identifies potential health risks from the leaking 
     oil and polychlorinated biphenyls in wells.
       ``(B) Report.--Not later than 18 months after the date of 
     enactment of this subsection, the Administrator shall publish 
     a report, to be provided to the environmental agency of each 
     State for distribution to the public, that--
       ``(i) identifies each pump that presents a health risk 
     referred to in subparagraph (A), including the manufacturer 
     and model number of the pump; and
       ``(ii) provides recommendations on precautions to be taken 
     to avoid the risk, such as the replacement of the pump, 
     cleaning of the well and plumbing system in which the pump is 
     located, and testing of the well after the removal of the 
     pump.''.
       (b) Records and Inspections.--Subparagraph (A) of section 
     1445(a)(1) (42 U.S.C. 300j-4(a)(1)) (as designated by section 
     4(g)(1)(A)) is amended by striking ``Every person'' and all 
     that follows through ``is a grantee,'' and inserting ``Every 
     person who is subject to any requirement of this title or who 
     is a grantee''.

     SEC. 8. RADON IN DRINKING WATER.

       Part B (42 U.S.C. 300g et seq.) (as amended by section 
     5(b)(2)) is further amended by adding at the end the 
     following new section:


                       ``radon in drinking water

       ``Sec. 1419. (a) Regulations for Radon in Drinking Water.--
     Notwithstanding any other provision of this title or any 
     other Federal law, not later than 1 year after the date of 
     enactment of this section, the Administrator shall promulgate 
     national primary drinking water regulations for radon.
       ``(b) Radon Standard.--
       ``(1) Maximum contaminant level.--The regulations 
     promulgated pursuant to subsection (a) shall specify a 
     maximum contaminant level goal and a maximum contaminant 
     level determined pursuant to section 1412(b).
       ``(2) Alternative contaminant level.--Notwithstanding the 
     requirements of section 1412(b), the regulations promulgated 
     pursuant to subsection (a) shall--
       ``(A) specify an alternative contaminant 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;
       ``(B) specify a period of compliance of 3 years; and
       ``(C) require compliance pursuant to paragraph (3).
       ``(3) Alternative compliance programs.--A public water 
     system may comply with the alternative contaminant level 
     specified in paragraph (2) in lieu of the maximum contaminant 
     level established pursuant to paragraph (1) if the system 
     is--
       ``(A) located in a State that is implementing a program to 
     reduce radon in indoor air or is receiving State grant 
     assistance for the program pursuant to section 306 of the 
     Toxic Substances Control Act (15 U.S.C. 2666); or
       ``(B) implementing a service area alternative compliance 
     program pursuant to subsection (c).
       ``(c) Service Area Alternative Compliance Program.--
       ``(1) In general.
       ``(A) Submittal of program.--The appropriate official of a 
     public water system that proposes to carry out an alternative 
     compliance program shall submit a program to the State agency 
     that has primary enforcement responsibility pursuant to 
     section 1413 or another appropriate State agency designated 
     by the Governor.
       ``(B) Public review and comment.--The appropriate official 
     of the public water system shall provide opportunity for 
     public review and comment on the program prior to the 
     submittal of the program to the State pursuant to 
     subparagraph (A) and shall provide to the State a summary of 
     public comments concerning the program.
       ``(C) Review by state.--
       ``(i) In general.--Not later than 180 days after the date 
     of submittal of the program, the appropriate official of the 
     State shall review and approve the program if the program is 
     consistent with the requirements of this section.
       ``(ii) Review by administrator.--The Administrator shall, 
     at the request of a State, review and approve a program 
     submitted to the State pursuant to this subparagraph.
       ``(2) Educational material.--Each alternative compliance 
     program referred to in paragraph (1)(A) shall provide for the 
     distribution to each residential customer, not later than 1 
     year after the approval by the State of the program and every 
     5 years thereafter, educational material concerning radon.
       ``(3) Testing for radon in indoor air.--
       ``(A) In general.--Each alternative compliance program 
     referred to in paragraph (1)(A) shall provide for testing of 
     radon in indoor air (or evidence that the resident declined 
     to have the residence tested) in not less than 50 percent of 
     the residences of residential customers served by the public 
     water system as expeditiously as practicable, but not later 
     than 5 years after the date of approval of an alternative 
     compliance program pursuant to this subsection.
       ``(B) Requirement for testing.--Testing for radon in indoor 
     air conducted pursuant to this paragraph shall be conducted 
     by a person certified as proficient in conducting testing for 
     radon in air by the Administrator.
       ``(4) Radon new construction standards.--Each program 
     developed pursuant to this subsection shall include the 
     adoption, prior to approval of the program, of enforceable 
     mechanisms requiring compliance with radon new home 
     construction standards established by the Administrator 
     pursuant to section 304 of the Toxic Substances Control Act 
     (15 U.S.C. 2664) for each new home to be served by the public 
     water system that is the subject of the program beginning on 
     the date that is 2 years after the date of adoption of the 
     mechanisms.
       ``(5) Assessment and evaluation.--
       ``(A) Submittal of assessments.--Each public water system 
     with a program approved by a State pursuant to this 
     subsection shall report on program implementation to the 
     State not later than 5 years after the date of approval of 
     the program, and every 5 years thereafter.
       ``(B) Program disapproval.--In any case in which a State or 
     the Administrator determines that a public water system has 
     not fully complied with the requirements of this subsection, 
     the State or the Administrator shall--
       ``(i) notify the public water system of the determination; 
     and
       ``(ii) disapprove the alternative compliance program not 
     later than 1 year after providing notice pursuant to clause 
     (i), unless the system takes sufficient corrective action.
       ``(C) Compliance.--A public water system for which an 
     alternative compliance program is disapproved shall comply 
     with the maximum contaminant level for radon (as determined 
     by the regulations promulgated under subsection (a)) not 
     later than 3 years after the date of disapproval by the 
     Administrator or the State.
       ``(6) Role of state.--A State may assume some or all of the 
     responsibilities of carrying out an alternative compliance 
     program approved pursuant to this subsection.
       ``(d) Report.--
       ``(1) In general.--Not later than 7 years after the date of 
     enactment of this section, the Administrator shall submit a 
     report to Congress that assesses and evaluates the 
     implementation of the regulations promulgated pursuant to 
     subsection (a).
       ``(2) Contents of report.--The report shall--
       ``(A) identify the number of public water systems that are 
     in violation of a maximum contaminant level or alternative 
     contaminant level established pursuant to the regulations;
       ``(B) identify the number of programs of public water 
     systems approved by a State pursuant to this subsection and 
     the number of States receiving grant assistance under section 
     306 of the Toxic Substances Control Act (15 U.S.C. 2666);
       ``(C) evaluate the implementation of the public water 
     system and State programs; and
       ``(D) estimate the overall change in radon exposure 
     attained as a result of alternative compliance programs and 
     State radon programs.
       ``(e) Residential Customer Defined.--As used in this 
     section, the term `residential customer' means a customer of 
     a public water system that occupies a residence other than an 
     apartment located above the first story of a building.''.

     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.''.
       (b) Critical Aquifer Protection.--Section 1427 (42 U.S.C. 
     300h-6) is amended--
       (1) by striking subsections (a) and (b) and inserting the 
     following new subsections:
       ``(a) Purpose.--The purpose of this section is to support 
     and assist the establishment of programs for the protection 
     of critical aquifer protection areas.
       ``(b) Definition of Critical Aquifer Protection Area.--As 
     used in this section, the term `critical aquifer protection 
     area' means an area that contains ground water that--
       ``(1) is the principal source of supply to a public water 
     system;
       ``(2) if contaminated, would create a significant hazard to 
     public health; and
       ``(3) satisfies the criteria established pursuant to 
     subsection (d).'';
       (2) in subsection (c)--
       (A) in the first sentence--
       (i) by striking ``State,'';
       (ii) by striking ``the Administrator'' and inserting ``a 
     State with a program pursuant to section 1420''; and
       (iii) by striking ``selection of such area for a 
     demonstration program'' and inserting ``approval of an 
     application for the designation of the area''; and
       (B) by striking the last sentence; and
       (3) in the first sentence of subsection (n), by adding at 
     the end the following:

  ``1992-2000............................................20,000,000.''.

       (c) Wellhead Protection Areas.--
       (1) Applications.--Section 1428(a) (42 U.S.C. 300h-7(a)) is 
     amended by striking ``shall, within 3 years of the date of 
     enactment of the Safe Drinking Water Act Amendments of 
     1986,'' and inserting ``may''.
       (2) Authorization of appropriations.--Section 1428(k) (42 
     U.S.C. 300h-7(k)) is amended by adding at the end the 
     following:

  ``1992-2000............................................35,000,000.''.

     SEC. 10. EMERGENCY POWERS.

       Section 1431 (42 U.S.C. 300i) is amended--
       (1) in subsection (a)--
       (A) by striking ``(a)'';
       (B) in the first sentence, by striking ``and that 
     appropriate State and local authorities have not acted to 
     protect the health of such persons'' and inserting ``and upon 
     providing concurrent notice to appropriate State and local 
     officials'';
       (C) by striking the second sentence; and
       (D) in the last sentence, by inserting ``or to restore or 
     protect the public water system or underground source of 
     drinking water'' after ``endangerment,''; and
       (2) by striking subsection (b).

     SEC. 11. DRINKING WATER RESEARCH, EDUCATION, AND 
                   CERTIFICATION.

       Section 1442 (42 U.S.C. 300j-1) (as amended by section 
     5(c)) is further amended--
       (1) by redesignating paragraph (3) of subsection (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 subsection (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 new paragraph:
       ``(2) Information and research facilities.--In carrying out 
     this title, the Administrator is authorized to--
       ``(A) collect and make available information pertaining to 
     research, investigations, and demonstrations with respect to 
     providing a dependably safe supply of drinking water, 
     together with appropriate recommendations in connection with 
     the information; and
       ``(B) make available research facilities of the Agency to 
     appropriate public authorities, institutions, and individuals 
     engaged in studies and research relating to this title.'';
       (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:
       ``(12) Authorization of appropriations.--There are 
     authorized to be appropriated to carry out this subsection 
     and subsection (h) $25,000,000 for each of fiscal years 1994 
     through 2000.'';
       (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 new sentence: 
     ``There are authorized to be appropriated to carry out this 
     subsection $8,000,000 for each of fiscal years 1995 through 
     2000.'';
       (6) in the first sentence of subsection (c), by striking 
     ``eighteen months after the date of enactment of this 
     subsection'' and inserting ``2 years after the date of 
     enactment of the Safe Drinking Water Act Amendments of 1994, 
     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 period at the end and 
     inserting ``; and'';
       (C) by adding after paragraph (3) (as redesignated by 
     paragraph (1)) the following new paragraph:
       ``(4) develop and maintain a system for forecasting the 
     supply of, and demand for, various professional occupational 
     categories and other occupational categories needed for the 
     protection and treatment of drinking water in each region of 
     the United States.''; and
       (D) by adding at the end the following new sentence: 
     ``There are authorized to be appropriated to carry out this 
     subsection $10,000,000 for each of fiscal years 1994 through 
     2000.'';
       (8) by striking subsection (e) and inserting the following 
     new subsection:
       ``(e) Certification of Operators and Laboratories.--
       ``(1) Requirement.--The principal operator of each 
     community and noncommunity water systems serving nontransient 
     populations and any laboratory conducting tests pursuant to 
     this title, and such additional personnel as may be 
     designated by the Administrator, shall be required to be 
     certified as proficient pursuant to this section by a State 
     or the Administrator.
       ``(2) Effective date.--The requirement referred to in 
     paragraph (1) shall become effective on the date that is 4 
     years after the date of enactment of the Safe Drinking Water 
     Act Amendments of 1994.
       ``(3) Guidelines.--Not later than 2 years after the date of 
     enactment of the Safe Drinking Water Act Amendments of 1994, 
     the Administrator shall publish guidelines developed in 
     consultation with the States describing minimum standards for 
     certification of the proficiency of operators and other 
     appropriate personnel by a State pursuant to this subsection.
       ``(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.'';
       (9) in subsection (g)--
       (A) in the second sentence, by inserting ``and multi-State 
     regional technical assistance'' after ```circuit rider'''; 
     and
       (B) in the third sentence, by striking ``1987 through 
     1991'' and inserting ``1994 through 2000. If the 
     Administrator makes a grant to a non-profit organization to 
     provide technical assistance under this section, the 
     Administrator shall assure that the program administered by 
     the non-profit organization, in combination with other grants 
     under this section, provides technical assistance among the 
     States in an equitable manner. A non-profit organization 
     conducting any activities supported by a grant under this 
     subsection, shall consult with the State agency having 
     primary enforcement responsibility under section 1413 on the 
     activities to be conducted in the State''; and
       (10) by adding at the end the following new subsections:
       ``(i) Research.--
       ``(1) In general.--In conducting research under this 
     section, the Administrator shall conduct studies to--
       ``(A) determine the levels and national distributions of 
     contaminants in drinking water that have adverse effects on 
     human populations;
       ``(B) develop more reliable and cost-effective monitoring 
     methods to identify and characterize drinking water 
     contaminants;
       ``(C) determine the diseases drinking water contaminants 
     likely cause;
       ``(D) identify other sources of exposure that exist for the 
     hazardous agents found in drinking water and whether drinking 
     water is a major or minor contributor to the overall exposure 
     to the hazardous agents;
       ``(E) develop improved technologies and alternative 
     strategies for treating water, particularly for small 
     systems, that emphasize risk reduction; and
       ``(F) evaluate the relative risks, costs, and benefits of 
     each strategy to provide safe drinking water to citizens of 
     the United States.
       ``(2) Risk assessment research.--In carrying out paragraph 
     (1), the Administrator shall conduct research necessary to--
       ``(A) develop a more accurate, coordinated national data 
     base on the occurrence of contaminants (including chemicals, 
     microbes, and radiologics) in drinking water, as well as in 
     air, food, and other media;
       ``(B) 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;
       ``(C) understand the effects of contaminants referred to in 
     subparagraph (A) and the mechanisms by which the contaminants 
     cause adverse effects (especially noncancer and infectious 
     effects) and the variations in the effects among humans, 
     especially sensitive subpopulations, and from test animals to 
     humans;
       ``(D) develop new tools, such as biomarkers, to allow 
     epidemiological studies of higher resolution so as to confirm 
     the predictions of health hazards to humans that are derived 
     from animal studies; and
       ``(E) develop new approaches to the study of complex 
     mixtures, such as mixtures found in drinking water, 
     especially to determine the prospects for synergistic or 
     antagonistic interactions that may affect the shape of the 
     dose-response relationship of the individual chemicals and 
     microbes, and to examine noncancer endpoints and infectious 
     diseases, and susceptible individuals and subpopulations.
       ``(3) Studies.--In carrying out paragraph (1), the 
     Administrator shall--
       ``(A) conduct studies on the relative risks of alternative 
     disinfectants and the byproducts of the disinfectants;
       ``(B) conduct studies on the microorganisms that occur in 
     drinking water and surveys to identify highly susceptible 
     populations that are at greater risk of disease because of 
     the microorganisms found in drinking water;
       ``(C) conduct social science studies to better evaluate how 
     to weigh and analyze competing risks, such as risks 
     associated with chemical exposures versus microbial exposures 
     in drinking water;
       ``(D) establish a national data base that describes the 
     occurrences of the synthetic organic chemicals found in 
     drinking water, and conduct studies to identify the relative 
     contributions of the chemicals from poor quality source 
     water, highly treated wastewaters considered for direct 
     reuse, treatment processes, and materials used in plumbing or 
     distribution systems;
       ``(E) conduct studies on inorganic and synthetic organic 
     chemicals to evaluate the effects of treatment processes, 
     such as coagulation and chemical oxidation, on the level and 
     toxic effects of chemicals in drinking water and the 
     potential risks associated with the disposal of sludges and 
     other wastes resulting from drinking water treatment; and
       ``(F) develop microbial models to predict the impact of 
     waterborne microorganisms on community health, assess the 
     costs and benefits of control strategies, evaluate competing 
     risks, and develop and implement risk management decisions.
       ``(4) Prioritization.--Congress finds that research 
     conducted under this section will be costly and will require 
     years to achieve. In light of the costs, a high priority for 
     research under this section should be placed on any substance 
     in drinking water that meets the following criteria:
       ``(A) The concentrations at which the substance is commonly 
     found in drinking water are sufficiently high to suggest that 
     the substance may significantly impact the public health as 
     judged by then current risk assessments.
       ``(B) There is significant concern over the accuracy of 
     then current assessments.
       ``(C) Viable and compelling hypotheses can be proposed 
     concerning potential mechanisms of action that are amenable 
     to testing.
       ``(D) Measurement of the substance and, in the case of a 
     chemical, the important metabolites of the substance, in the 
     body is feasible.
       ``(E) There is significant concern over the substance such 
     that there is a need to develop methods to measure the 
     substance or the important metabolites of the substance, or 
     both.
       ``(F) Regulation has the potential of imposing adverse 
     impacts on public health, such as dictating the use of a 
     water treatment process that is less well proven or 
     potentially more toxic than the process in use.
       ``(5) Risk characterization and risk management.--
       ``(A) In general.--The Administrator shall develop an 
     integrated risk characterization strategy for drinking water 
     quality.
       ``(B) Deadlines.--The strategy shall be--
       ``(i) submitted to Congress not later than 1 year after the 
     date of enactment of this subsection; and
       ``(ii) revised every 3 years thereafter.
       ``(C) Purposes.--The strategy shall--
       ``(i) define the policy of the Administrator for drinking 
     water protection;
       ``(ii) describe the plans of the Administrator to conduct 
     research, over the 12- to 15-year period beginning on the 
     date of the submission or revision, to resolve the 
     uncertainties about drinking water risks;
       ``(iii) identify unmet needs, priorities for study, how the 
     results of the studies may be used to better understand the 
     risks of drinking water exposures for near-term 
     decisionmaking, and to improve the scientific basis for 
     decisionmaking over time; and
       ``(iv) address the uncertainties that will likely remain 
     even after the research is completed and what the 
     uncertainties imply for decisionmaking by the Administrator 
     and for communicating the decisions to the public and 
     Congress.
       ``(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. In 
     characterizing the health effects of drinking water 
     contaminants under this Act, the Administrator shall take 
     into account all relevant factors, including the margin of 
     safety for variability in the general population and the 
     results of research required under this subsection and other 
     sound scientific evidence (including the 1993 and 1994 
     reports of the National Academy of Sciences) regarding 
     subpopulations at greater risk for adverse health effects.''.

     SEC. 12. STATE DRINKING WATER PROGRAM FUNDING.

       (a) Public Water System Supervision Program.--Section 
     1443(a) (42 U.S.C. 300j-2(a)) is amended--
       (1) in paragraph (3)--
       (A) by striking ``(3) A grant'' and inserting the 
     following:
       ``(3) Amount of grant.--
       ``(A) In general.--A grant''; and
       (B) by adding at the end the following new subparagraphs:
       ``(B) Determination of costs.--In order to determine the 
     costs of a grant recipient pursuant to this paragraph, the 
     Administrator shall, in cooperation with the States and not 
     later than 60 days after the date of enactment of this 
     subparagraph, establish a resource model for the public water 
     system supervision program and review and revise the model as 
     necessary.
       ``(C) State cost adjustments.--The Administrator shall 
     revise cost estimates used in the resource model for any 
     particular State to reflect costs more likely to be 
     experienced in that State, if--
       ``(i) the State requests the modification;
       ``(ii) the revised estimates assure full and effective 
     administration of the public water system supervision program 
     in the States and the revised estimates do not overstate the 
     resources needed to administer such program; and
       ``(iii) the basis for the estimates are used consistently 
     under this title, including for purposes of section 
     1474(a)(2) in each fiscal year for which such section is 
     applicable.'';
       (2) in paragraph (7), by adding at the end a period and the 
     following new flush sentence: ``For the purpose of making 
     grants under paragraph (1), there are authorized to be 
     appropriated such sums as are necessary for each of fiscal 
     years 1992 and 1993 and $100,000,000 for each of fiscal years 
     1994 through 2000.''; and
       (3) by adding at the end the following new paragraphs:
       ``(8) Reservation of funds by the administrator.--If the 
     Administrator assumes the primary enforcement responsibility 
     of a State water system supervision program, the 
     Administrator may reserve from funds made available pursuant 
     to this subsection, an amount equal to the amount that would 
     otherwise have been provided to the State pursuant to this 
     subsection. The Administrator shall use the funds reserved 
     pursuant to this paragraph to ensure the full and effective 
     administration of a public water system supervision program 
     in the State.
       ``(9) State loan funds.--
       ``(A) In general.--In addition to amounts made available 
     pursuant to paragraph (8), the Administrator may use the 
     amount reserved pursuant to subparagraph (B) for the 
     administration of the public water system supervision program 
     of States in which the Administrator implements the program.
       ``(B) Reservation of funds.--For any fiscal year for which 
     the amounts made available to the Administrator by 
     appropriation are less than the amount the Administrator 
     determines is needed to supplement funds made available 
     pursuant to paragraph (8) and ensure the full and effective 
     administration of a public water system supervision program 
     in a State, the Administrator may reserve from funds made 
     available to the State pursuant to section 1479 the 
     difference between the amounts.''.
       (b) State Ground Water Protection Grants.--Section 1443 (42 
     U.S.C. 300j-2) is amended--
       (1) by redesignating subsection (c) as subsection (d); and
       (2) by inserting after subsection (b) the following new 
     subsection:
       ``(c) State Ground Water Protection Grants.--
       ``(1) In general.--The Administrator may make a grant to a 
     State for the development and implementation of a State 
     program to ensure the coordinated 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 1994, 
     and annually thereafter, the Administrator shall publish 
     guidance that establishes procedures for application for 
     State ground water protection program assistance and that 
     identifies 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 application 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 pursuant to this paragraph for innovative 
     programs proposed by a State for the prevention of ground 
     water contamination.
       ``(C) Allocation of funds.--The Administrator 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 application that is approved by 
     the Administrator pursuant to this subsection.
       ``(D) Limitation on grants.--No grant awarded by the 
     Administrator may be used for a project to remediate ground 
     water contamination.
       ``(4) Coordination with other grant programs.--The awarding 
     of grants by the Administrator pursuant to this subsection 
     shall be coordinated with the awarding of grants pursuant to 
     section 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 out the ground water protection 
     program that is the subject of the grant (as determined by 
     the Administrator) 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 conducting the program.
       ``(6) Evaluations and reports.--Not later than 3 years 
     after the date of enactment of the Safe Drinking Water Act 
     Amendments of 1994, 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 the Environmental Protection 
     Agency to carry out this subsection $20,000,000 for each of 
     fiscal years 1995 through 2000.''.
       (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.''.          
                                                                        

     SEC. 13. INFORMATION AND INSPECTIONS.

       (a) Information Gathering.--Subparagraph (A) of section 
     1445(a)(1) (42 U.S.C. 300j-4(a)(1)) (as designated by section 
     4(g)(1)(A)) is amended by striking ``such information as the 
     Administrator may reasonably require'' and all that follows 
     through the period at the end and inserting the following: 
     ``such information as the Administrator may reasonably 
     require--
       ``(i) to assist the Administrator in establishing 
     regulations under this title or to assist the Administrator 
     in determining, on a case-by-case basis, whether the person 
     has acted or is acting in compliance with this title; and
       ``(ii) by regulation to assist the Administrator in 
     determining compliance with national primary drinking water 
     regulations promulgated under section 1412 or in 
     administering any program of financial assistance under this 
     title.''.
       (b) Inspections.--Subsections (b) and (c) of section 1445 
     (42 U.S.C. 300j-4) are amended to read as follows:
       ``(b) Inspections.--
       ``(1) In general.--The Administrator, or the authorized 
     representative of the Administrator (including an authorized 
     contractor acting as a representative of the Administrator), 
     on presentation of appropriate credentials to any person who 
     is or may be subject to--
       ``(A) a national primary drinking water regulation 
     prescribed pursuant to section 1412;
       ``(B) an applicable underground injection control program;
       ``(C) any requirement to monitor an unregulated contaminant 
     pursuant to subsection (a); or
       ``(D) any other requirement of this title,

     or to a person in charge of any of the property of a person 
     referred to in subparagraph (A), (B), (C), or (D) (or the 
     senior employee present at the site), is authorized to enter 
     any establishment, facility, or other property of a person 
     referred to in subparagraph (A), (B), (C), or (D).
       ``(2) Purposes of inspections.--The Administrator or an 
     authorized representative of the Administrator may enter an 
     establishment, facility, or other property pursuant to 
     paragraph (1)--
       ``(A) in order to determine whether a person has acted or 
     is acting in compliance with this title, including for this 
     purpose, inspecting, at reasonable times, records, files, 
     papers, processes, controls, and facilities; or
       ``(B) in order to test any feature of a public water 
     system, including the raw water source of the system.
       ``(3) Access to records.--The Administrator or the 
     Comptroller General of the United States (or any authorized 
     representative designated by the Administrator or the 
     Comptroller General of the United States) shall have access 
     for the purpose of audit and examination to any record, 
     report, or information of a person or grantee that--
       ``(A) is required to be maintained under subsection (a); or
       ``(B) is pertinent to any financial assistance provided 
     pursuant to this title.
       ``(4) Schedule of inspections.--
       ``(A) In general.--The Administrator or authorized 
     representative of the Administrator shall conduct inspections 
     undertaken pursuant to this subsection during the normal 
     operating hours of the establishment, facility, or other 
     property.
       ``(B) Small systems.--For a public water system serving a 
     population of 3,300 or less, the Administrator or authorized 
     representative of the Administrator shall, to the extent 
     practicable--
       ``(i) notify the person referred to in paragraph (1), at 
     least 3 days before the inspection, of the time when the 
     inspection is scheduled to occur, and
       ``(ii) schedule the inspection at a mutually convenient 
     time.
       ``(C) Waiver.--The Administrator or an authorized 
     representative of the Administrator may waive the 
     requirements of subparagraphs (A) or (B) if the Administrator 
     or authorized representative of the Administrator determines 
     that it may be necessary to conduct an inspection to protect 
     public health.
       ``(c) Compliance.--Any person, who is subject to any 
     requirement of this title (including a person that the 
     Administrator determines may be subject to a requirement of 
     this title), shall--
       ``(1) comply with the requirements of subsection (a);
       ``(2) allow the Administrator or the authorized 
     representative of the Administrator to enter and make 
     determinations and test and take samples pursuant to 
     paragraphs (1) and (2) of subsection (b); and
       ``(3) allow the Administrator, the Comptroller General of 
     the United States, or an authorized representative of the 
     Administrator or the Comptroller General of the United 
     States, to have access to, audit, and examine records, 
     reports, and information pursuant to subsection (b)(3).''.

     SEC. 14. FEDERAL AGENCIES.

       (a) In General.--Subsections (a) and (b) of section 1447 
     (42 U.S.C. 300j-6) are amended to read as follows:
       ``(a) Compliance.--
       ``(1) In general.--Each Federal agency shall be subject to, 
     and comply with, all Federal, State, interstate, and local 
     substantive and procedural requirements, administrative 
     authorities, and process and sanctions concerning the 
     provision of safe drinking water or underground injection in 
     the same manner, and to the same extent, as any 
     nongovernmental entity is subject to, and shall comply with, 
     the requirements, authorities, and process and sanctions.
       ``(2) Administrative orders and penalties.--The Federal, 
     State, interstate, and local substantive and procedural 
     requirements, administrative authorities, and process and 
     sanctions referred to in paragraph (1) include all 
     administrative orders and all civil and administrative 
     penalties or fines, regardless of whether the penalties or 
     fines are punitive or coercive in nature or are imposed for 
     isolated, intermittent, or continuing violations.
       ``(3) Limited waiver of sovereign immunity.--The United 
     States expressly waives any immunity otherwise applicable to 
     the United States with respect to any requirement, 
     administrative authority, or process or sanction referred to 
     in paragraph (2) (including any injunctive relief, 
     administrative order, or civil or administrative penalty or 
     fine referred to in paragraph (2), or reasonable service 
     charge). The reasonable service charge referred to in the 
     preceding sentence includes 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, as well as 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, employee, or officer 
     of the United States may be subject 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, 
     legislative, or judicial branch of the Federal Government 
     shall be subject to a sanction referred to in the preceding 
     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 appropriations.--No waiver 
     described in paragraph (1) shall be granted due to the lack 
     of an appropriation unless the President has specifically 
     requested the appropriation 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.
       ``(4) Report.--Not later than January 31 of each year, the 
     President shall report to Congress on each waiver granted 
     pursuant to this subsection during the preceding calendar 
     year, together with the reason for granting the waiver.''.
       (b) 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 inserting 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 new paragraph:
       ``(3) for the collection of a penalty (and associated costs 
     and interest) against any Federal agency that fails, by the 
     date that is 1 year after the effective date of a final order 
     to pay a penalty assessed by the Administrator pursuant to 
     section 1414(c), to pay the penalty.''.
       (c) Conforming Amendments.--Subsection (c) of section 1447 
     (42 U.S.C. 300j-6(c)) is amended--
       (1) by striking ``(c)(1)'' and inserting the following:
       ``(c) Indians.--
       ``(1) Indian lands.--''; and
       (2) in paragraph (2), by striking ``(2) For'' and inserting 
     the following:
       ``(2) Definition of federal agency.--For''.

     SEC. 15. ASSESSING ENVIRONMENTAL PRIORITIES, COSTS, AND 
                   BENEFITS.

       (a) Definitions.--As used in this section:
       (1) Administrator.--The term ``Administrator'' means the 
     Administrator of the Environmental Protection Agency.
       (2) Adverse effect on human health.--The term ``adverse 
     effect on human health'' includes any increase in the rate of 
     death or serious illness, including disease, cancer, birth 
     defects, reproductive dysfunction, developmental effects 
     (including effects on the endocrine and nervous systems), and 
     other impairments in bodily functions.
       (3) Risk.--The term ``risk'' means the likelihood of an 
     occurrence of an adverse effect on human health, the 
     environment, or public welfare.
       (4) Source of pollution.--The term ``source of pollution'' 
     means a category or class of facilities or activities that 
     alter the chemical, physical, or biological character of the 
     natural environment.
       (b) Findings.--Congress finds that--
       (1) cost-benefit analysis and risk assessment are useful 
     but imperfect tools that serve to enhance the information 
     available in developing environmental regulations and 
     programs;
       (2) cost-benefit analysis and risk assessment can also 
     serve as useful tools in setting priorities and evaluating 
     the success of environmental protection programs;
       (3) cost and risk are not the only factors that need to be 
     considered in evaluating environmental programs as other 
     factors, including values and equity, must also be 
     considered;
       (4) cost-benefit analysis and risk assessment should be 
     presented with a clear statement of the uncertainties in the 
     analysis or assessment;
       (5) current methods for valuing ecological resources and 
     assessing intergenerational effects of sources of pollution 
     need further development before integrated rankings of 
     sources of pollution based on the factors referred to in 
     paragraph (3) can be used with high levels of confidence;
       (6) methods to assess and describe the risks of adverse 
     human health effects, other than cancer, need further 
     development before integrated rankings of sources of 
     pollution based on the risk to human health can be used with 
     high levels of confidence;
       (7) periodic reports by the Administrator on the costs and 
     benefits of regulations promulgated under Federal 
     environmental laws, and other Federal actions with impacts on 
     human health, the environment, or public welfare, will 
     provide Congress and the general public with a better 
     understanding of--
       (A) national environmental priorities; and
       (B) expenditures being made to achieve reductions in risk 
     to human health, the environment, and public welfare; and
       (8) periodic reports by the Administrator on the costs and 
     benefits of environmental regulations will also--
       (A) provide Congress and the general public with a better 
     understanding of the strengths, weaknesses, and uncertainties 
     of cost-benefit analysis and risk assessment and the research 
     needed to reduce major uncertainties; and
       (B) assist Congress and the general public in evaluating 
     environmental protection regulations and programs, and other 
     Federal actions with impacts on human health, the 
     environment, or public welfare, to determine the extent to 
     which the regulations, programs, and actions adequately and 
     fairly protect affected segments of society.
       (c) Report on Environmental Priorities, Costs, and 
     Benefits.--
       (1) Ranking.--
       (A) In general.--The Administrator shall identify and, 
     taking into account available data, to the extent 
     practicable, rank sources of pollution with respect to the 
     relative degree of risk of adverse effects on human health, 
     the environment, and public welfare.
       (B) Method of ranking.--In carrying out the rankings under 
     subparagraph (A), the Administrator shall--
       (i) rank the sources of pollution considering the extent 
     and duration of the risk; and
       (ii) take into account broad societal values, including the 
     role of natural resources in sustaining economic activity 
     into the future.
       (2) Evaluation of regulatory and other costs.--In addition 
     to carrying out the rankings under paragraph (1), the 
     Administrator shall estimate the private and public costs 
     associated with each source of pollution and the costs and 
     benefits of complying with regulations designed to protect 
     against risks associated with the sources of pollution; and
       (3) Evaluation of other federal actions.--In addition to 
     carrying out the requirements of paragraphs (1) and (2), the 
     Administrator shall also estimate the private and public 
     costs and benefits associated with selected major Federal 
     actions chosen by the Administrator that have the most 
     significant impact on human health or the environment, 
     including the direct development projects, grant and loan 
     programs to support infrastructure construction and repair, 
     and permits, licenses, and leases to use natural resources or 
     to release pollution to the environment, and other similar 
     actions.
       (4) Risk reduction opportunities.--In assessing risks, 
     costs, and benefits as provided in paragraphs (1) and (2), 
     the Administrator shall also identify reasonable 
     opportunities to achieve significant risk reduction through 
     modifications in environmental regulations and programs and 
     other Federal actions with impacts on human health, the 
     environment, or public welfare.
       (5) Uncertainties.--In evaluating the risks referred to in 
     paragraphs (1) and (2), the Administrator shall--
       (A) identify the major uncertainties associated with the 
     risks;
       (B) explain the meaning of the uncertainties in terms of 
     interpreting the ranking and evaluation; and
       (C) determine--
       (i) the type and nature of research that would likely 
     reduce the uncertainties; and
       (ii) the cost of conducting the research.
       (6) Consideration of benefits.--In carrying out this 
     section, the Administrator shall consider and, to the extent 
     practicable, estimate the monetary value, and such other 
     values as the Administrator determines to be appropriate, of 
     the benefits associated with reducing risk to human health 
     and the environment, including--
       (A) avoiding premature mortality;
       (B) avoiding cancer and noncancer diseases that reduce the 
     quality of life;
       (C) preserving biological diversity and the sustainability 
     of ecological resources;
       (D) maintaining an aesthetically pleasing environment;
       (E) valuing services performed by ecosystems (such as flood 
     mitigation, provision of food or material, or regulating the 
     chemistry of the air or water) that, if lost or degraded, 
     would have to be replaced by technology;
       (F) avoiding other risks identified by the Administrator; 
     and
       (G) considering the benefits even if it is not possible to 
     estimate the monetary value of the benefits in exact terms.
       (7) Reports.--
       (A) Preliminary report.--Not later than 1 year after the 
     date of enactment of this Act, the Administrator shall report 
     to Congress on the sources of pollution and other Federal 
     actions that the Administrator will address, and the 
     approaches and methodology the Administrator will use, in 
     carrying out the rankings and evaluations under this section. 
     The report shall also include an evaluation by the 
     Administrator of the need for the development of 
     methodologies to carry out the ranking.
       (B) Periodic report.--
       (i) In general.--On completion of the ranking and 
     evaluations conducted by the Administrator under this 
     section, but not later than 3 years after the date of 
     enactment of this Act, and every 3 years thereafter, the 
     Administrator shall report the findings of the rankings and 
     evaluations to Congress and make the report available to the 
     general public.
       (ii) Evaluation of risks.--Each periodic report prepared 
     pursuant to this subparagraph shall, to the extent 
     practicable, evaluate risk management decisions under Federal 
     environmental laws, including title XIV of the Public Health 
     Service Act (commonly known as the ``Safe Drinking Water 
     Act'') (42 U.S.C. 300f et seq.), that present inherent and 
     unavoidable choices between competing risks, including risks 
     of controlling microbial versus disinfection contaminants in 
     drinking water. Each periodic report shall address the policy 
     of the Administrator concerning the most appropriate methods 
     of weighing and analyzing the risks, and shall incorporate 
     information concerning--

       (I) the severity and certainty of any adverse effect on 
     human health, the environment, or public welfare;
       (II) whether the effect is immediate or delayed;
       (III) whether the burden associated with the adverse effect 
     is borne disproportionately by a segment of the general 
     population or spread evenly across the general population; 
     and
       (IV) whether a threatened adverse effect can be eliminated 
     or remedied by the use of an alternative technology or a 
     protection mechanism.

       (d) Implementation.--In carrying out this section, the 
     Administrator shall--
       (1) consult with the appropriate officials of other Federal 
     agencies and State and local governments, members of the 
     academic community, representatives of regulated businesses 
     and industry, representatives of citizen groups, and other 
     knowledgeable individuals to develop, evaluate, and interpret 
     scientific and economic information;
       (2) make available to the general public the information on 
     which rankings and evaluations under this section are based; 
     and
       (3) establish, not later than 24 months after the date of 
     enactment of this Act, methods for determining costs and 
     benefits of environmental regulations and other Federal 
     actions, including the valuation of natural resources and 
     intergenerational costs and benefits, by rule after notice 
     and opportunity for public comment.
       (e) Review by the Science Advisory Board.--Before the 
     Administrator submits a report prepared under this section to 
     Congress, the Science Advisory Board, established by section 
     8 of the Environmental Research, Development, and 
     Demonstration Act of 1978 (42 U.S.C. 4365), shall conduct a 
     technical review of the report in a public session.

     SEC. 16. 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.''.

     SEC. 17. RESEARCH PLAN FOR HARMFUL SUBSTANCES IN DRINKING 
                   WATER.

       Section 1412 (42 U.S.C. 300g-1) is amended by adding at the 
     end the following new subsection:
       ``(f) Research Plan for Harmful Substances in Drinking 
     Water.--
       ``(1) Development of plan.--The Administrator shall--
       ``(A) not later than September 30, 1994, develop a research 
     plan to support the development and implementation of the 
     most current version of the--
       ``(i) enhanced surface water treatment rule (announced at 
     59 Fed. Reg. 6332 (February 10, 1994));
       ``(ii) disinfectant and disinfection byproducts rule (Stage 
     2) (announced at 59 Fed. Reg. 6332 (February 10, 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.
       ``(2) Contents of plan.--
       ``(A) In general.--The research plan shall include, at a 
     minimum--
       ``(i) an identification and characterization of new 
     disinfection byproducts associated with the use of different 
     disinfectants;
       ``(ii) toxicological and epidemiological studies to 
     determine what levels of exposure from disinfectants and 
     disinfection byproducts, if any, may be associated with 
     developmental and birth defects and other potential toxic end 
     points;
       ``(iii) toxicological and epidemiological studies to 
     quantify the carcinogenic potential from exposure to 
     disinfection byproducts resulting from different 
     disinfectants;
       ``(iv) the development of practical analytical methods for 
     enumerating microbial contaminants, including giardia, 
     cryptosporidium, and viruses;
       ``(v) the development of dose-response curves for 
     pathogens, including cryptosporidium and the Norwalk virus;
       ``(vi) the development of indicators that define treatment 
     effectiveness for pathogens and disinfection byproducts; and
       ``(vii) bench, pilot, and full-scale studies and 
     demonstration projects to evaluate optimized conventional 
     treatment, ozone, granular activated carbon, and membrane 
     technology for controlling pathogens (including 
     cryptosporidium) and disinfection byproducts.
       ``(B) Risk definition strategy.--The research plan shall 
     include a strategy for determining the risks and estimated 
     extent of disease resulting from pathogens, disinfectants, 
     and disinfection byproducts in drinking water, and how the 
     risks can most effectively be controlled, taking into 
     consideration the costs of various control methods and the 
     sizes of various systems.
       ``(3) Implementation of plan.--In carrying out the research 
     plan, the Administrator shall use the most cost-effective 
     mechanisms available, including coordination of research 
     with, and use of matching 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 1995 through 1998.''.

     SEC. 18. RISK ASSESSMENT AND COST-BENEFIT ANALYSIS.

       (a) Requirement.--Except as provided in subsection (b), in 
     promulgating any proposed or final major regulation relating 
     to human health or the environment, the Administrator of the 
     Environmental Protection Agency shall publish in the Federal 
     Register along with the regulation a clear and concise 
     statement that--
       (1) describes and, to the extent practicable, quantifies 
     the risks to human health or the environment to be addressed 
     by the regulation (including, where applicable and 
     practicable, the human health risks to significant 
     subpopulations who are disproportionately exposed or 
     particularly sensitive);
       (2) compares the human health or environmental risks to be 
     addressed by the regulation to other risks chosen by the 
     Administrator, including--
       (A) at least three other risks regulated by the 
     Environmental Protection Agency or another Federal agency; 
     and
       (B) at least three other risks that are not directly 
     regulated by the Federal Government;
       (3) estimates--
       (A) the costs to the United States Government, State and 
     local governments, and the private sector of implementing and 
     complying with the regulation; and
       (B) the benefits of the regulation;

     including both quantifiable measures of costs and benefits, 
     to the fullest extent that they can be estimated, and 
     qualitative measures that are difficult to quantify; and
       (4) contains a certification by the Administrator that--
       (A) the analyses performed under subsection (a)(1) through 
     (a)(3) are based on the best reasonably obtainable scientific 
     information;
       (B) the regulation is likely to significantly reduce the 
     human health or environmental risks to be addressed;
       (C) there is no regulatory alternative that is allowed by 
     the statute under which the regulation is promulgated and 
     that would achieve an equivalent reduction in risk in a more 
     cost-effective manner, along with a brief explanation of why 
     other such regulatory alternatives that were considered by 
     the Administrator were found to be less cost-effective; and
       (D) the regulation is likely to produce benefits to human 
     health or the environment that will justify the costs to the 
     United States Government, State and local governments, and 
     the private sector of implementing and complying with the 
     regulation.
       (b) Substantially Similar Final Regulations.--If the 
     Administrator determines that a final major regulation is 
     substantially similar to the proposed version of the 
     regulation with respect to each of the matters referred to in 
     subsection (a), the Administrator may publish in the Federal 
     Register a reference to the statement published under 
     subsection (a) for the proposed regulation in lieu of 
     publishing a new statement for the final regulation.
       (c) Reporting.--If the Administrator cannot certify with 
     respect to one or more of the matters addressed in subsection 
     (a)(4), the Administrator shall identify those matters for 
     which certification cannot be made, and shall include a 
     statement of the reasons therefor in the Federal Register 
     along with the regulation. Not later than March 1 of each 
     year, the Administrator shall submit a report to Congress 
     identifying those major regulations promulgated during the 
     previous calendar year for which complete certification was 
     not made, and summarizing the reasons therefor.
       (d) Other Requirements.--Nothing in this section affects 
     any other provision of Federal law, or changes the factors 
     that the Administrator is authorized to consider in 
     promulgating a regulation pursuant to any statute, or shall 
     delay any action required to meet a deadline imposed by 
     statute or a court.
       (e) Judicial Review.--Nothing in this section creates any 
     right to judicial or administrative review, nor creates any 
     right or benefit, substantive or procedural, enforceable at 
     law of equity by a party against the United States, its 
     agencies or instrumentalities, its officers or employees, or 
     any other person. If a major regulation is subject to 
     judicial or administrative review under any other provision 
     of law, the adequacy of the certification prepared pursuant 
     to this section, and any alleged failure to comply with this 
     section, may not be used as grounds for affecting or 
     invalidating such major regulation, although the statements 
     and information prepared pursuant to this section, including 
     statements contained in the certification, may be considered 
     as part of the record for judicial or administrative review 
     conducted under such other provision of law.
       (f) Definition of Major Regulation.--For purposes of this 
     section, ``major regulation'' means a regulation that the 
     Administrator determines may have an effect on the economy of 
     $100,000,000 or more in any one year.
       (g) Effective Date.--This section shall take effect 180 
     days after the date of enactment of this Act.

     SEC. 19. PRIVATE PROPERTY RIGHTS.

       (a) Short Title.--This section may be cited as the 
     ``Private Property Rights Act of 1994''.
       (b) Findings.--The Congress finds that--
       (1) the protection of private property from a taking by the 
     Government without just compensation is an integral 
     protection for private citizens incorporated into the 
     Constitution by the Fifth Amendment and made applicable to 
     the States by the Fourteenth Amendment; and
       (2) Federal agencies should take into consideration the 
     impact of Governmental actions on the use and ownership of 
     private property.
       (c) Purpose.--The Congress, recognizing the important role 
     that the use and ownership of private property plays in 
     ensuring the economic and social well-being of the Nation, 
     declares that the Federal Government should protect the 
     health, safety, and welfare of the public and, in doing so, 
     to the extent practicable, avoid takings of private property.
       (d) Definitions.--For purposes of this section--
       (1) the term ``agency'' means an Executive agency as 
     defined under section 105 of title 5, United States Code, 
     and--
       (A) includes the United States Postal Service; and
       (B) does not include the General Accounting Office; and
       (2) the term ``taking of private property'' means any 
     action whereby private property is taken in such a way as to 
     require compensation under the Fifth Amendment to the United 
     States Constitution.
       (e) Private Property Taking Impact Analysis.--
       (1) In general.--The Congress authorizes and directs that, 
     to the fullest extent possible--
       (A) the policies, regulations, and public laws of the 
     United States shall be interpreted and administered in 
     accordance with the policies under this section; and
       (B) all agencies of the Federal Government shall complete a 
     private property taking impact analysis before issuing or 
     promulgating any policy, regulation, proposed legislation, or 
     related agency action which is likely to result in a taking 
     of private property, except that--
       (i) this subparagraph shall not apply to--

       (I) an action in which the power of eminent domain is 
     formally exercised;
       (II) an action taken--

       (aa) with respect to property held in trust by the United 
     States; or
       (bb) in preparation for, or in connection with, treaty 
     negotiations with foreign nations;

       (III) a law enforcement action, including seizure, for a 
     violation of law, of property for forfeiture or as evidence 
     in a criminal proceeding;
       (IV) a study or similar effort or planning activity;
       (V) a communication between an agency and a State or local 
     land-use planning agency concerning a planned or proposed 
     State or local activity that regulates private property, 
     regardless of whether the communication is initiated by an 
     agency or is undertaken in response to an invitation by the 
     State or local authority;
       (VI) the placement of a military facility or a military 
     activity involving the use of solely Federal property; and
       (VII) any military or foreign affairs function (including a 
     procurement function under a military or foreign affairs 
     function), but not including the civil works program of the 
     Army Corps of Engineers; and

       (ii) in a case in which there is an immediate threat to 
     health or safety that constitutes an emergency requiring 
     immediate response or the issuance of a regulation pursuant 
     to section 553(b)(B) of title 5, United States Code, the 
     taking impact analysis may be completed after the emergency 
     action is carried out or the regulation is published.
       (2) Content of analysis.--A private property taking impact 
     analysis shall be a written statement that includes--
       (A) the specific purpose of the policy, regulation, 
     proposal, recommendation, or related agency action;
       (B) an assessment of the likelihood that a taking of 
     private property will occur under such policy, regulation, 
     proposal, recommendation, or related agency action;
       (C) an evaluation of whether such policy, regulation, 
     proposal, recommendation, or related agency action is likely 
     to require compensation to private property owners;
       (D) alternatives to the policy, regulation, proposal, 
     recommendation, or related agency action that would achieve 
     the intended purposes of the agency action and lessen the 
     likelihood that a taking of private property will occur; and
       (E) an estimate of the potential liability of the Federal 
     Government if the Government is required to compensate a 
     private property owner.
       (3) Submission to omb.--Each agency shall provide an 
     analysis required by this section as part of any submission 
     otherwise required to be made to the Office of Management and 
     Budget in conjunction with the proposed regulation.
       (f) Guidance and Reporting Requirements.--
       (1) Guidance.--The Attorney General shall provide legal 
     guidance in a timely manner, in response to a request by an 
     agency, to assist the agency in complying with this section.
       (2) Reporting.--Not later than 1 year after the date of 
     enactment of this Act and at the end of each 1-year period 
     thereafter, each agency shall provide a report to the 
     Director of the Office of Management and Budget and the 
     Attorney General identifying each agency action that has 
     resulted in the preparation of a taking impact analysis, the 
     filing of a taking claim, or an award of compensation 
     pursuant to the Just Compensation Clause of the Fifth 
     Amendment to the Constitution. The Director of the Office of 
     Management and Budget and the Attorney General shall publish 
     in the Federal Register, on an annual basis, a compilation of 
     the reports of all agencies made pursuant to this paragraph.
       (g) Rules of Construction.--Nothing in this section shall 
     be construed to--
       (1) limit any right or remedy, or bar any claim of any 
     person relating to such person's property under any other 
     law, including claims made under section 1346 or 1402 of 
     title 28, United States Code, or chapter 91 of title 28, 
     United States Code; or
       (2) constitute a conclusive determination of the value of 
     any property for purposes of an appraisal for the acquisition 
     of property, or for the determination of damages.
       (h) Statute of Limitations.--No action may be filed in a 
     court of the United States to enforce the provisions of this 
     section on or after the date occurring 6 years after the date 
     of the submission of the certification of the applicable 
     private property taking impact analysis with the Attorney 
     General.

     SEC. 20. OTHER AMENDMENTS.

       (a) Definition of Public Water System.--
       (1) The first sentence of section 1401(4) (42 U.S.C. 
     300f(4)) is amended by striking ``piped water for human 
     consumption'' and inserting ``water for human consumption 
     through pipes or other constructed conveyances''.
       (2) Such section is further amended by adding at the end 
     thereof the following: ``A connection for residential use 
     (drinking, bathing, cooking or other similar uses) or to a 
     facility for similar uses to a water system that conveys 
     water by means other than a pipe principally for purposes 
     other than residential use (other purposes, including 
     irrigation, stock watering, industrial use, or municipal 
     source water prior to treatment) shall not be considered a 
     connection for determining whether the system is a public 
     water system under this title, if--
       ``(A) the Administrator or the State in which the 
     residential use or facility is located has identified any 
     treatment or conditioning necessary to protect human health 
     if the water is used for human consumption and the 
     residential user or owner of the facility is employing such 
     treatment or conditioning at the point of entry; or
       ``(B) the system certifies to the Administrator or the 
     State that an alternative source of water for drinking and 
     cooking is being provided to the residential users or using 
     the facility.

     An irrigation district in existence prior to May 18, 1994 
     that provides primarily agricultural service through a piped 
     system with only incidental residential use shall not be 
     considered a public water system, if the system and its 
     residential users comply with subparagraphs (A) and (B).''.
       (3) The provisions of this subsection shall take effect 1 
     year after the date of enactment.
       (b) State Primary Enforcement Responsibility.--Section 
     1413(a) (42 U.S.C. 300g-2(a)) is amended by striking 
     paragraph (1) and inserting the following new paragraph:
       ``(1) has adopted drinking water regulations that are no 
     less stringent than the national primary drinking water 
     regulations promulgated by the Administrator under section 
     1412 not later than 2 years after the date on which the 
     regulations are promulgated by the Administrator;''.
       (c) Judicial Review.--Section 1448(a) (42 U.S.C. 300j-7(a)) 
     is amended--
       (1) in paragraph (2) of the first sentence, by inserting 
     ``final'' after ``any other''; and
       (2) in the second sentence, by striking ``or issuance of 
     the order'' and inserting ``or any other final Agency 
     action''.
       (d) Annual Report.--Section 1450 (42 U.S.C. 300j-9) is 
     amended by striking subsection (h).
       (e) Report to Congress on Private Drinking Water.--Section 
     1450 (42 U.S.C. 300j-9) (as amended by subsection (d)) is 
     further amended by inserting after subsection (g) the 
     following new subsection:
       ``(h) Report to Congress on Private Drinking Water.--The 
     Administrator shall conduct a study to determine 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 1994, the Administrator 
     shall submit to Congress a report that includes the findings 
     of the study and recommendations by the Administrator 
     concerning responses to any problems identified under the 
     study. In designing and conducting the study, including 
     consideration of research design, methodology, and 
     conclusions and recommendations, the Administrator shall 
     consult with experts outside the Agency, including 
     scientists, hydrogeolo- gists, well contractors and 
     suppliers, and other individuals knowledgeable in ground 
     water protection and remediation.''.
       (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.
       (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''.
       (i) Hardship Community Demonstration Program.--Section 1444 
     (42 U.S.C. 300j-3) is amended by adding at the end the 
     following new subsection:
       ``(e) Hardship Community Demonstration Program.--
       ``(1) In general.--The State agency administering a loan 
     fund pursuant to part G in the State of Virginia (referred to 
     in this subsection as the `State agency') may conduct a 
     program in accordance with this subsection to demonstrate 
     alternative approaches to intergovernmental coordination in 
     the financing of drinking water projects in rural communities 
     in southwestern Virginia that are experiencing severe 
     economic hardship.
       ``(2) Regional assistance fund.--
       ``(A) Establishment.--The State agency may establish a 
     regional endowment fund (referred to in this subsection as 
     the `regional fund') to assist in financing projects that are 
     eligible under this subsection.
       ``(B) Use of regional fund.--The State agency shall invest 
     amounts in the regional fund and shall use interest earned on 
     amounts in the regional fund to pay a portion of the non-
     Federal share of a Federal grant to assist a project that is 
     eligible under this subsection. Interest earned on amounts in 
     the regional fund shall not be considered to be Federal 
     funds.
       ``(C) Deposits to regional fund.--
       ``(i) In general.--Notwithstanding any other provision of 
     this title, the State agency may deposit into the regional 
     fund $2,000,000 from funds made available pursuant to section 
     1472 for each of fiscal years 1994 through 1997, if there are 
     commitments to deposit into the regional fund a total of not 
     less than 25 percent of that amount from non-Federal sources.
       ``(ii) Lesser amount.--Notwithstanding clause (i), the 
     State agency may deposit into the regional fund an amount 
     less than $2,000,000 from funds made available pursuant to 
     section 1472, if the amount deposited is equal to 3 times the 
     amount committed to be deposited into the regional fund from 
     non-Federal sources.
       ``(3) Eligible projects.--
       ``(A) In general.--Assistance provided under this 
     subsection shall meet the requirements of subsections (a), 
     (b), and (c) of section 1473.
       ``(B) Eligible recipients.--Assistance under this 
     subsection shall be available only--
       ``(i) for a project that serves a disadvantaged community 
     (as defined in section 1473(e)(1)); and
       ``(ii) to a public water system located, in whole or in 
     part, in Lee County, Wise County, Scott County, Dickenson 
     County, Russell County, Buchanan County, Tazewell County, and 
     the city of Norton, Virginia.
       ``(4) Advisory group.--The State agency shall establish an 
     advisory group, including representatives of jurisdictions 
     identified in paragraph (3)(B)(ii) and other appropriate 
     parties, to assist the State agency in setting priorities for 
     the use of funds under this subsection. The advisory group 
     shall include a representative of Mountain Empire Community 
     College, Wise County, Virginia.''.
       (j) Short Title.--
       (1) In general.--The title (42 U.S.C. 1401 et seq.) is 
     amended by inserting after the title heading the following 
     new section:


                             ``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''.
       (k) Technical Amendments to Section Headings.--
       (1) The section heading and subsection designation of 
     subsection (a) of section 1417 (42 U.S.C. 300g-6) are amended 
     to read as follows:


 ``PROHIBITION ON USE OF LEAD PIPES, SOLDER, AND FLUX, AND ON CERTAIN 
                              RETURN FLOWS

       ``Sec. 1417. (a)''.
       (2) The section heading and subsection designation 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 designation of 
     subsection (a) of section 1427 (42 U.S.C. 300h-6) are amended 
     to read as follows:


              ``SOLE SOURCE AQUIFER DEMONSTRATION PROGRAM

       ``Sec. 1427. (a)''.
       (4) The section heading and subsection designation 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 designation 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 designation 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 section 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 section 1462 (42 
     U.S.C. 300j-22) are amended to read as follows:


        ``RECALL OF DRINKING WATER COOLERS WITH LEAD-LINED TANKS

       ``Sec. 1462. For''.
       (9) The section heading and subsection designation 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 designation 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 designation of 
     subsection (a) of section 1465 (42 U.S.C. 300j-25) are 
     amended to read as follows:


``FEDERAL ASSISTANCE FOR STATE PROGRAMS REGARDING LEAD CONTAMINATION IN 
                         SCHOOL DRINKING WATER

       ``Sec. 1465. (a)''.
       (l) Estrogenic Substances Screening Program.--Section 1442 
     (42 U.S.C. 300j-1) (as amended by section 11(a)(10)) is 
     further amended by adding at the end the following new 
     subsection:
       ``(j) Screening Program.--
       ``(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 determine whether certain substances may have an 
     effect in humans that is similar to an effect produced by a 
     naturally occurring estrogen, or such other endocrine 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 established 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 
     Research, Development, and Demonstration Act of 1978 (42 
     U.S.C. 4365), the Administrator shall implement the program.
       ``(3) Substances.--In carrying out the screening program 
     described in paragraph (1), the Administrator shall provide 
     for the testing of all active and inert ingredients used in 
     products described in section 103(e) of the Comprehensive 
     Environmental Response, 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 effect 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 manufactures a substance for which testing 
     is required under this subsection to conduct testing in 
     accordance with the screening program described in paragraph 
     (1), and submit information obtained from the testing to the 
     Administrator, within a time period that the Administrator 
     determines 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 
     subparagraph within the time period established by the order, 
     the Administrator shall issue a notice of intent to suspend 
     the sale or distribution of the substance by the person. Any 
     suspension proposed under this subparagraph shall become 
     final at the end of the 30-day period beginning on the date 
     that the person receives the notice of intent 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 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 Administrator after completion of a hearing 
     shall be considered to be a final agency action.
       ``(iii) Termination of suspensions.--The Administrator 
     shall terminate a suspension under this subparagraph issued 
     with respect to a person if the Administrator determines that 
     the person has complied fully with this paragraph.
       ``(6) Agency action.--In the case of any substance that is 
     found to have a potential adverse effect 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 available 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, the Administrator shall 
     prepare and submit to Congress a report containing--
       ``(A) the findings of the Administrator resulting 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 actions (including 
     any action described in paragraph (6)) that the Administrator 
     determines are appropriate based on the findings.''.
       (m) 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 amended--
       (A) by striking ``and'' at the end of paragraph (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 before Lake Champlain is 
     further infested and management costs escalate.''.
       (2) Ex officio members of aquatic nuisance species task 
     force.--Section 1201(c) of such Act (16 U.S.C. 4721(c)) is 
     amended by inserting ``, 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--
       (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 Champlain basin'' after 
     ``Great Lakes region''.
            TITLE I--DEPARTMENT OF ENVIRONMENTAL PROTECTION

     SEC. 100. SHORT TITLE.

       This title may be cited as the ``Department of 
     Environmental Protection Act of 1994''.
Subtitle A--Elevation of the Environmental Protection Agency To Cabinet 
                                 Level

     SEC. 101. SHORT TITLE.

       This subtitle may be cited as the ``Department of 
     Environmental Protection Act''.

     SEC. 102. FINDINGS.

       The Congress finds that--
       (1) recent concern with Federal environmental policy has 
     highlighted the necessity of assigning to protection of the 
     domestic and international environment a priority which is at 
     least equal to that assigned to other functions of the 
     Federal Government;
       (2) protection of the environment increasingly involves 
     cooperation with foreign states, including the most highly 
     industrialized states all of whose top environmental 
     officials have ministerial status;
       (3) the size of the budget and the number of Federal civil 
     servants devoted to tasks associated with environmental 
     protection at the Environmental Protection Agency is 
     commensurate with departmental status; and
       (4) a cabinet-level Department of Environmental Protection 
     should be established.

     SEC. 103. ESTABLISHMENT OF THE DEPARTMENT OF ENVIRONMENTAL 
                   PROTECTION.

       (a) Redesignation.--The Environmental Protection Agency is 
     hereby redesignated as the Department of Environmental 
     Protection (hereafter referred to as the ``Department'') and 
     shall be an executive department in the executive branch of 
     the Government. The official acronym of the Department shall 
     be the ``U.S.D.E.P.''.
       (b) Secretary of Environmental Protection.--(1) There shall 
     be at the head of the Department a Secretary of Environmental 
     Protection who shall be appointed by the President, by and 
     with the advice and consent of the Senate. The Department 
     shall be administered under the supervision and direction of 
     the Secretary.
       (2) The Secretary may not assign duties for or delegate 
     authority for the supervision of the Assistant Secretaries, 
     the General Counsel, the Director of Environmental 
     Statistics, or the Inspector General of the Department to any 
     officer of the Department other than the Deputy Secretary.
       (3) Except as described under paragraph (2) of this section 
     and section 104(b)(2), and notwithstanding any other 
     provision of law, the Secretary may delegate any functions 
     including the making of regulations to such officers and 
     employees of the Department as the Secretary may designate, 
     and may authorize such successive redelegations of such 
     functions within the Department as determined to be necessary 
     or appropriate.
       (c) Deputy Secretary.--There shall be in the Department a 
     Deputy Secretary of Environmental Protection, who shall be 
     appointed by the President, by and with the advice and 
     consent of the Senate. The Deputy Secretary shall perform 
     such responsibilities as the Secretary shall prescribe and 
     shall act as the Secretary during the absence or disability 
     of the Secretary or in the event of a vacancy in the position 
     of Secretary.
       (d) Office of the Secretary.--The Office of the Secretary 
     shall consist of a Secretary and a Deputy Secretary and may 
     include an Executive Secretary and such other executive 
     officers as the Secretary may determine necessary.
       (e) Regional Offices.--The Secretary is authorized to 
     establish, alter, discontinue, or maintain such regional or 
     other field offices as he may determine necessary to carry 
     out the functions vested in him or other officials of the 
     Department.
       (f) International Responsibilities of the Secretary.--(1) 
     In addition to exercising other international 
     responsibilities under existing provisions of law, the 
     Secretary is--
       (A) encouraged to assist the Secretary of State to carry 
     out his primary responsibilities for coordinating, 
     negotiating, implementing and participating in international 
     agreements, including participation in international 
     organizations, relevant to environmental protection; and
       (B) authorized and encouraged to--
       (i) conduct research on and apply existing research 
     capabilities to the nature and impacts of international 
     environmental problems and develop responses to such 
     problems; and
       (ii) provide technical and other assistance to foreign 
     countries and international bodies to improve the quality of 
     the environment.
       (2) The Secretary of State shall consult with the Secretary 
     of Environmental Protection and such other persons as he 
     determines appropriate on such negotiations, implementations, 
     and participations described under paragraph (1)(A).
       (g) Authority of the Secretary Within the Department.--
     Except as provided under section 112, nothing in the 
     provisions of this title--
       (1) authorizes the Secretary of Environmental Protection to 
     require any action by any officer of any executive department 
     or agency other than officers of the Department of 
     Environmental Protection, except that this paragraph shall 
     not affect any authority provided for by any other provision 
     of law authorizing the Secretary of Environmental Protection 
     to require any such actions;
       (2) modifies any Federal law that is administered by any 
     executive department or agency; or
       (3) transfers to the Department of Environmental Protection 
     any authority exercised by any other Federal executive 
     department or agency prior to the date of the enactment of 
     this Act, except the authority exercised by the Environmental 
     Protection Agency.
       (h) Application to the Department of Environmental 
     Protection.--The provisions of this title apply only to 
     activities of the Department of Environmental Protection, 
     except where expressly provided otherwise.
       (i) Issuance of Permits.--
       (1) Guides.--At the time a person or small business concern 
     (as defined in section 3 of the Small Business Act), 
     including family farms, contacts an officer or employee of 
     the Department to obtain a permit to engage in an activity 
     under the jurisdiction of the Department, the Secretary shall 
     make available, on request of the person, an employee of the 
     Department to--
       (A) act as a guide for the applicant in obtaining all 
     necessary permits for the activity in the least quantity of 
     time practicable; and
       (B) facilitate the gathering and dissemination of 
     information with respect to the Federal agencies and 
     departments and agencies of States and political subdivisions 
     of States that have a regulatory interest in the activity to 
     reduce the period required to obtain all such necessary 
     permits.
       (2) Duties of secretary.--In issuing a permit to an 
     applicant to carry out an activity under the jurisdiction of 
     the Department, the Secretary shall--
       (A) provide assistance and guidance to, and otherwise 
     facilitate the processing of the application for, the 
     applicant; and
       (B) set reasonable deadlines for action to be taken on an 
     application for the permit.
       (3) Use of guides.--An applicant that chooses to use the 
     services of a guide referred to in paragraph (1) may 
     subsequently choose not to use the services at any time after 
     requesting the guide.

     SEC. 104. ASSISTANT SECRETARIES.

       (a) Establishment of Positions.--There shall be in the 
     Department such number of Assistant Secretaries, not to 
     exceed 12, as the Secretary shall determine, each of whom 
     shall be appointed by the President, by and with the advice 
     and consent of the Senate.
       (b) Responsibilities of Assistant Secretaries.--(1) The 
     Secretary shall assign to Assistant Secretaries such 
     responsibilities as the Secretary considers appropriate, 
     including, but not limited to--
       (A) enforcement;
       (B) compliance monitoring;
       (C) research and development;
       (D) air;
       (E) radiation;
       (F) water;
       (G) pesticides;
       (H) toxic substances;
       (I) solid waste;
       (J) hazardous waste;
       (K) hazardous waste cleanup;
       (L) emergency response;
       (M) international affairs;
       (N) policy, planning, and evaluation;
       (O) pollution prevention;
       (P) congressional affairs;
       (Q) intergovernmental affairs;
       (R) public affairs;
       (S) administration and resources management, information 
     resources management, procurement and assistance management, 
     and personnel and labor relations; and
       (T) regional operations and State and local capacity.
       (2) The Secretary may assign and modify any 
     responsibilities at his discretion under paragraph (1), 
     except that the Secretary may not modify the responsibilities 
     of any Assistant Secretary without prior written notification 
     with explanation of such modification to the appropriate 
     committees of the Senate and the House of Representatives.
       (3) One of the Assistant Secretaries referred to under 
     paragraph (1) shall be an Assistant Secretary for Indian 
     Lands and shall be responsible for policies relating to the 
     environment of Indian lands and affecting Native Americans.
       (c) Designation of Responsibilities Prior to 
     Confirmation.--Whenever the President submits the name of an 
     individual to the Senate for confirmation as Assistant 
     Secretary under this section, the President shall state the 
     particular responsibilities of the Department such individual 
     shall exercise upon taking office.
       (d) Continuing Performance of Functions.--On the effective 
     date of this Act, the Administrator and Deputy Administrator 
     of the Environmental Protection Agency shall be redesignated 
     as the Secretary and Deputy Secretary of the Department of 
     Environmental Protection, Assistant Administrators of the 
     Agency shall be redesignated as Assistant Secretaries of the 
     Department, the General Counsel and the Inspector General of 
     the Agency shall be redesignated as the General Counsel and 
     the Inspector General of the Department, and the Chief 
     Financial Officer of the Agency shall be redesignated as the 
     Chief Financial Officer of the Department, without 
     renomination or reconfirmation.
       (e) Chief Information Resources Officer.--(1) The Secretary 
     shall designate the Assistant Secretary whose 
     responsibilities include information resource management 
     functions as required by section 3506 of title 44, United 
     States Code, as the Chief Information Resources Officer of 
     the Department.
       (2) The Chief Information Resources Officer shall--
       (A) advise the Secretary on information resource management 
     activities of the Department as required by section 3506 of 
     title 44, United States Code;
       (B) develop and maintain an information resources 
     management system for the Department which provides for--
       (i) the conduct of and accountability for any acquisitions 
     made pursuant to a delegation of authority under section 111 
     of the Federal Property and Administrative Services Act of 
     1949 (40 U.S.C. 759);
       (ii) the implementation of all applicable government-wide 
     and Department information policies, principles, standards, 
     and guidelines with respect to information collection, 
     paperwork reduction, privacy and security of records, sharing 
     and dissemination of information, acquisition and use of 
     information technology, and other information resource 
     management functions;
       (iii) the periodic evaluation of and, as needed, the 
     planning and implementation of improvements in the accuracy, 
     completeness, and reliability of data and records contained 
     with Department information systems; and
       (iv) the development and annual revision of a 5-year plan 
     for meeting the Department's information technology needs; 
     and
       (C) report to the Secretary as required under section 3506 
     of title 44, United States Code.

     SEC. 105. DEPUTY ASSISTANT SECRETARIES.

       (a) Establishment of Positions.--There shall be in the 
     Department such number of Deputy Assistant Secretaries as the 
     Secretary may determine.
       (b) Appointments.--Each Deputy Assistant Secretary--
       (1) shall be appointed by the Secretary; and
       (2) shall perform such functions as the Secretary shall 
     prescribe.
       (c) Functions.--Functions assigned to an Assistant 
     Secretary under section 104(b) may be performed by one or 
     more Deputy Assistant Secretaries appointed to assist such 
     Assistant Secretary.

     SEC. 106. OFFICE OF THE GENERAL COUNSEL.

       There shall be in the Department the Office of the General 
     Counsel. There shall be at the head of such office a General 
     Counsel who shall be appointed by the President, by and with 
     the advice and consent of the Senate. The General Counsel 
     shall be the chief legal officer of the Department and shall 
     provide legal assistance to the Secretary concerning the 
     programs and policies of the Department.

     SEC. 107. OFFICE OF THE INSPECTOR GENERAL.

       The Office of Inspector General of the Environmental 
     Protection Agency, established in accordance with the 
     Inspector General Act of 1978, is hereby redesignated as the 
     Office of Inspector General of the Department of 
     Environmental Protection.

     SEC. 108. SMALL BUSINESS COMPLIANCE ASSISTANCE.

       (a) Establishment.--
       (1) In general.--The Secretary of Environmental Protection 
     shall establish within the Department a Small Business 
     Ombudsman Office (hereafter in this section referred to as 
     the ``Office''). The Office shall be headed by a Director 
     designated by the Secretary.
       (2) Duties.--
       (A) In general.--The Director shall report directly to the 
     Secretary. The Secretary, acting through the Director, shall 
     develop and carry out programs of environmental compliance 
     and technical assistance for small business concerns (as 
     defined in section 3 of the Small Business Act), including 
     family farms.
       (B) Specific duties.--The duties of the Office shall 
     include--
       (i) providing to small business concerns--

       (I) confidential compliance assistance;
       (II) explanations of environmental regulatory requirements; 
     and
       (III) available environmental reports and documents;

       (ii) assembling and disseminating to small business 
     concerns information on approaches to achieving compliance 
     with environmental laws and improving environmental 
     performance and product yield, including new environmental 
     technologies and techniques for preventing pollution;
       (iii) carrying out the functions assigned to the Small 
     Business Ombudsman under section 507 of the Clean Air Act 
     Amendments of 1990;
       (iv) serving as the Department's liaison to and advocate 
     for the small business community;
       (v) ensuring, as appropriate, consideration of the concerns 
     of small business in the regulatory development process, 
     including ensuring that reporting requirements are consistent 
     and avoid unnecessary redundancy across regulatory programs, 
     to the extent possible, and ensuring effective implementation 
     of the Regulatory Flexibility Act;
       (vi) coordinating the Department's small business 
     compliance and technical assistance programs with other 
     Federal and State agencies having responsibilities for 
     carrying out and enforcing environmental laws; and
       (vii) providing assistance in permitting, where 
     appropriate.
       (b) Coordination With National Institute of Standards and 
     Technology.--Not later than 180 days after the date of 
     enactment of this Act, the Secretary of Environmental 
     Protection and the Secretary of Commerce shall enter into 
     such agreements as may be necessary to permit the Department 
     to provide technical assistance and support to the 
     Manufacturing Technology Centers administered by the National 
     Institute of Standards and Technology of the Department of 
     Commerce. Such assistance shall include--
       (1) preparing environmental assistance packages for small 
     business concerns generally, and where appropriate, for 
     specific small business sectors, including information on--
       (A) environmental compliance requirements and methods for 
     achieving compliance;
       (B) new environmental technologies;
       (C) alternatives for preventing pollution that are 
     generally applicable to the small business sector; and
       (D) guidance for identifying and applying opportunities for 
     preventing pollution at individual facilities;
       (2) providing technical assistance to small business 
     concerns seeking to act on the information provided under 
     paragraph (1);
       (3) coordinating with the National Institute of Standards 
     and Technology to identify those small business sectors that 
     need improvement in environmental compliance or in developing 
     methods to prevent pollution; and
       (4) developing and implementing an action plan for 
     providing assistance to improve environmental performance of 
     small business sectors in need of such improvement.
       (c) Coordination With Other Federally Supported Extension 
     Programs.--The Secretary of Environmental Protection may 
     coordinate with other small business and agricultural 
     extension programs and centers, as appropriate, to provide 
     environmental assistance to small businesses.

     SEC. 109. SMALL GOVERNMENTAL JURISDICTION COMPLIANCE 
                   ASSISTANCE.

       (a)  In General.--The Secretary of Environmental Protection 
     shall develop and carry out programs of environmental 
     compliance and technical assistance for small governmental 
     jurisdictions as defined in section 601(5) of title 5, United 
     States Code.
       (b) Specific duties.--The duties of the Secretary of 
     Environmental Protection shall include--
       (1) providing to small governmental jurisdictions--
       (A) compliance assistance;
       (B) explanations of environmental regulatory requirements; 
     and
       (C) available environmental reports and documents;
       (2) assembling and disseminating to small governmental 
     jurisdictions information on approaches to achieving 
     compliance with environmental laws and improving 
     environmental performance, including new environmental 
     technologies and techniques for preventing pollution;
       (3) designating liaisons to serve as advocates for small 
     governmental jurisdictions, as appropriate;
       (4) ensuring, as appropriate, consideration of the concerns 
     of small governmental jurisdictions in the regulatory 
     development process, including ensuring that reporting 
     requirements are consistent and avoid unnecessary redundancy 
     across regulatory programs, to the extent possible, and 
     ensuring effective implementation of the Regulatory 
     Flexibility Act; and
       (5) coordinating the Department of Environmental 
     Protection's small governmental jurisdiction environmental 
     compliance and technical assistance programs with other 
     Federal and State agencies having responsibilities for 
     carrying out and enforcing environmental laws; and
       (6) providing assistance in permitting, where appropriate.

     SEC. 110. BUREAU OF ENVIRONMENTAL STATISTICS.

       (a) Establishment.--(1) There is established within the 
     Department a Bureau of Environmental Statistics (hereafter 
     referred to as the ``Bureau''). The Bureau shall be 
     responsible for--
       (A) compiling, analyzing, and publishing a comprehensive 
     set of environmental quality statistics which should provide 
     timely summary in the form of industrywide aggregates, 
     multiyear averages, or totals or some similar form and 
     include information on--
       (i) the nature, source, and amount of pollutants in the 
     environment; and
       (ii) the effects on the public and the environment of those 
     pollutants;
       (B) promulgating guidelines for the collection of 
     information by the Department required for the statistics 
     under this paragraph to assure that the information is 
     accurate, reliable, relevant, and in a form that permits 
     systematic analysis;
       (C) coordinating the collection of information by the 
     Department for developing such statistics with related 
     information-gathering activities conducted by other Federal 
     agencies;
       (D) making readily accessible the statistics published 
     under this paragraph; and
       (E) identifying missing information of the kind described 
     under subparagraph (A) (i) and (ii), reviewing these 
     information needs at least annually with the Science Advisory 
     Board, and making recommendations to the appropriate 
     Department of Environmental Protection officials concerning 
     extramural and intramural research programs to provide such 
     information.
       (2) Nothing in the provisions of paragraph (1) shall 
     authorize the Bureau to require the collection of any data by 
     any other Department, State or local government, or to 
     establish observation or monitoring programs. The Bureau 
     shall not duplicate the information collection functions of 
     other Federal agencies.
       (3) Information compiled by the Bureau of Environmental 
     Statistics, which has been submitted for purposes of 
     statistical reporting requirements of this law, shall not be 
     disclosed publicly in a manner that would reveal the identity 
     of the submitter, including submissions by Federal, State, or 
     local governments, or reveal the identity of any individual 
     consistent with the provisions of section 552a of title 5, 
     United States Code (the Privacy Act of 1974). This paragraph 
     shall not affect the availability of data provided to the 
     Department under any other provision of law administered by 
     the Department. The confidentiality provisions of other 
     statutes authorizing the collection of environmental 
     statistics shall also apply, including but not limited to, 
     section 14 of the Toxic Substances Control Act (15 U.S.C. 
     2613), section 2(h) of the Federal Insecticide, Fungicide, 
     and Rodenticide Act (7 U.S.C. 136h), section 114(c) of the 
     Clean Air Act (42 U.S.C. 741(c)), and section 1905 of title 
     18, United States Code.
       (b) Director of Environmental Statistics.--The Bureau shall 
     be under the direction of a Director of Environmental 
     Statistics (hereafter referred to as the ``Director'') who 
     shall be appointed by the President, by and with the advice 
     and consent of the Senate. The term of the Director shall be 
     4 years. The Director shall be a qualified individual with 
     experience in the compilation and analysis of environmental 
     statistics. The Director shall report directly to the 
     Secretary. The Director shall be compensated at the rate 
     provided for at level V of the Executive Schedule under 
     section 5316 of title 5, United States Code.
       (c) Environmental Statistics Annual Report.--On July 1, 
     1995, and each July 1 thereafter, the Director shall submit 
     to the President an Environmental Statistics Annual Report 
     (hereafter referred to as the ``Report''). The Report shall 
     include, but not be limited to--
       (1) statistics on environmental quality including--
       (A) The environmental quality of the Nation with respect to 
     all aspects of the environment, including, but not limited 
     to, the air, aquatic ecosystems, including marine, estuarine, 
     and fresh water, and the terrestrial ecosystems, including, 
     but not limited to, the forest, dry-land, wetland, range, 
     urban, suburban, and rural environment; and
       (B) changes in the natural environment, including the plant 
     and animal systems, and other information for a continuing 
     analysis of these changes or trends and an interpretation of 
     their underlying causes;
       (2) statistics on the effects of changes in environmental 
     quality on human health and nonhuman species and ecosystems;
       (3) documentation of the method used to obtain and assure 
     the quality of the statistics presented in the Report;
       (4) economic information on the current and projected costs 
     and benefits of environmental protection; and
       (5) recommendations on improving environmental statistical 
     information.
       (d) Continuing Performance of the Functions of the Director 
     Pending Confirmation.--An individual who, on the effective 
     date of this Act, is performing any of the functions required 
     by this section to be performed by the Director may continue 
     to perform such functions until such functions are assigned 
     to an individual appointed as the Director under this title.
       (e) Advisory Council on Environmental Statistics.--The 
     Director shall appoint an Advisory Council on Environmental 
     Statistics, comprised of no more than 6 private citizens who 
     have expertise in environmental statistics and analysis 
     (except that at least one of such appointees should have 
     expertise in economics) to advise the Director on 
     environmental statistics and analyses, including whether the 
     statistics and analyses disseminated by the Bureau are of 
     high quality and are based upon the best available objective 
     information. The Council shall be subject to the provisions 
     of the Federal Advisory Committee Act.
       (f) Review of Regulations.--For each proposed new 
     regulation and each proposed change to existing regulations 
     the Director shall publish in the Federal Register as part of 
     the notice of the proposed rulemaking, a comprehensive 
     assessment of specific costs and benefits resulting from 
     implementation of the proposed new regulation or the proposed 
     regulatory change including an assessment of the total number 
     of direct and indirect jobs to be gained or lost as a result 
     of implementation of the proposed new regulation or the 
     proposed regulatory change. Such assessment shall be required 
     to the extent that the Department of Environmental Protection 
     is not in compliance with any applicable Executive Order 
     requiring an analysis of costs and benefits for proposed 
     regulations submitted to the Office of Management and Budget 
     for review. The assessment required by this subsection shall 
     not be construed to amend, modify, or alter any statute and 
     shall not be subject to judicial review. Nothing in this 
     section shall be construed to grant a cause of action to any 
     person.

     SEC. 111. GRANT AND CONTRACT AUTHORITY FOR CERTAIN 
                   ACTIVITIES.

       The Secretary may make grants to and enter into contracts 
     with State and local governments, Indian tribes, 
     universities, and other organizations to assist them in 
     meeting the costs of collecting specific data and other short 
     term activities that are related to the responsibilities and 
     functions under section 108(a)(1) (A), (B), (C), and (D).

     SEC. 112. STUDY OF DATA NEEDS.

       (a) Study of Data Needs.--(1) No later than 1 year after 
     the start of Bureau operations, the Secretary of the 
     Department of Environmental Protection, in consultation with 
     the Director of the Bureau and the Assistant Secretary 
     designated as Chief Information Resources Officer, shall 
     enter into an agreement with the National Academy of Sciences 
     for a study, evaluation, and report on the adequacy of the 
     data collection procedures and capabilities of the 
     Department. No later than 18 months following an agreement, 
     the National Academy of Sciences shall report its findings to 
     the Secretary and the Congress. The report shall include an 
     evaluation of the Department's data collection resources, 
     needs, and requirements, and shall include an assessment and 
     evaluation of the following systems, capabilities, and 
     procedures established by the Department to meet those needs 
     and requirements:
       (A) data collection procedures and capabilities;
       (B) data analysis procedures and capabilities;
       (C) the ability to integrate data bases;
       (D) computer hardware and software capabilities;
       (E) management information systems, including the ability 
     to integrate management information systems;
       (F) Department personnel; and
       (G) the Department's budgetary needs and resources for data 
     collection, including an assessment of the adequacy of the 
     budgetary resources provided to the Department and budgetary 
     resources used by the Department for data collection needs 
     and purposes.
       (2) The report shall include recommendations for improving 
     the Department's data collection systems, capabilities, 
     procedures, data collection, and analytical hardware and 
     software, and for improving its management information 
     systems.
       (b) Authorization of Appropriations.--There are authorized 
     to be appropriated such sums as necessary to carry out the 
     provisions of this section.

     SEC. 113. MISCELLANEOUS EMPLOYMENT RESTRICTIONS.

       (a) Prohibited Employment and Advancement Considerations.--
     Except as otherwise provided in this title, political 
     affiliation or political qualification may not be taken into 
     account in connection with the appointment of any person to 
     any position in the career civil service or in the assignment 
     or advancement of any career civil servant in the Department.
       (b) Reports on Implementation.--One year after the date of 
     the enactment of this title and again 3 years after the date 
     of the enactment of this title, the Secretary shall report to 
     the Senate Committees on Appropriations, Governmental 
     Affairs, and Environment and Public Works and to the House of 
     Representatives on the estimated additional cost of 
     implementing this title over the cost as if this title had 
     not been implemented, including a justification of increased 
     staffing not required in the execution of this title.

     SEC. 114. TERMINATION OF THE COUNCIL ON ENVIRONMENTAL QUALITY 
                   AND TRANSFER OF FUNCTIONS.

       (a) Transfer of Functions of the Council on Environmental 
     Quality.--(1) Except as provided under paragraph (2), all 
     functions of the Council on Environmental Quality under 
     titles I and II of the National Environmental Policy Act (42 
     U.S.C. 4321 et seq.) and under any other law, are transferred 
     to the Secretary. The Secretary is authorized to take all 
     necessary action, including the promulgation of regulations, 
     to carry out these functions.
       (2) Referrals of interagency disagreements concerning 
     proposed major Federal actions significantly affecting the 
     quality of the human environment under section 102(2)(C) of 
     the National Environmental Policy Act (42 U.S.C. 102(2)(C)) 
     and concerning matters under section 309(b) of the Clean Air 
     Act (42 U.S.C. 7609(b)) shall be made to the President for 
     resolution.
       (b) Termination of the Council on Environmental Quality.--
     (1) Section 204 of the National Environmental Policy Act (42 
     U.S.C. 4344) is amended by striking out ``Council'' and 
     inserting in lieu thereof ``Secretary of Environmental 
     Protection''.
       (2) Sections 202, 203, 205, 206, 207, and 208 of the 
     National Environmental Policy Act (42 U.S.C. 4342, 4343, 
     4345, 4346, 4346a, and 4346b) are repealed.
       (3) The Environmental Quality Improvement Act of 1970 (42 
     U.S.C. 4371 through 4375) is repealed.
       (4) Section 204 of the National Environmental Policy Act 
     (42 U.S.C. 4344) (as amended by paragraph (1) of this 
     subsection) is redesignated as section 202 of such Act.
       (5) The heading for title II of the National Environmental 
     Policy Act is amended to read as follows:

                               ``TITLE II


                   ``ENVIRONMENTAL QUALITY REPORT''.

       (c) References in Federal Law.--Reference in any other 
     Federal law, Executive order, rule, regulation, or delegation 
     of authority, or any document of or relating to the Council 
     on Environmental Quality--
       (1) with regard to functions transferred under subsection 
     (a)(1), shall be deemed to refer to the Secretary; and
       (2) with regard to disagreements and matters described 
     under subsection (a)(2), shall be deemed to refer to the 
     President.
       (d) Availability of Funds.--Unobligated funds available to 
     the Council on Environmental Quality shall remain available 
     to the Department until expended for the gradual and orderly 
     termination of the Council and transfer of Council functions 
     as provided in this title.
       (e) Savings Provisions.--(1) All orders, determinations, 
     rules, regulations, permits, agreements, grants, contracts, 
     certificates, licenses, registrations, privileges, and other 
     administrative actions--
       (A) which have been issued, made, granted, or allowed to 
     become effective by the President, by the Council on 
     Environmental Quality, or by a court of competent 
     jurisdiction, in the performance of functions of the Council 
     on Environmental Quality, and
       (B) which are in effect at the time this title takes 
     effect, or were final before the effective date of this Act 
     and are to become effective on or after the effective date of 
     this Act,

     shall continue in effect according to their terms until 
     modified, terminated, superseded, set aside, or revoked in 
     accordance with law by the President, the Secretary of 
     Environmental Protection, or other authorized official, a 
     court of competent jurisdiction, or by operation of law.
       (2) The provisions of this title shall not affect any 
     proceedings or any application for any license, permit, 
     certificate, or financial assistance pending before the 
     Council on Environmental Quality at the time this title takes 
     effect, but such proceedings and applications shall be 
     continued. Orders shall be issued in such proceedings, 
     appeals shall be taken therefrom, and payments shall be made 
     pursuant to such orders, as if this title had not been 
     enacted, and orders issued in any such proceedings shall 
     continue in effect until modified, terminated, superseded, or 
     revoked by a duly authorized official, by a court of 
     competent jurisdiction, or by operation of law. Nothing in 
     this paragraph shall be deemed to prohibit the discontinuance 
     or modification of any such proceeding under the same terms 
     and conditions and to the same extent that such proceeding 
     could have been discontinued or modified if this title had 
     not been enacted.
       (3) The provisions of this section shall not affect suits 
     commenced before the date this Act takes effect, and in all 
     such suits, proceedings shall be had, appeals taken, and 
     judgments rendered in the same manner and with the same 
     effect as if this title had not been enacted.
       (4) No suit, action, or other proceeding commenced by or 
     against the Council on Environmental Quality, or by or 
     against any individual in the official capacity of such 
     individual as an officer of the Council on Environmental 
     Quality, shall abate by reason of the enactment of this Act.
       (5) Any administrative action relating to the preparation 
     or promulgation of a regulation by the Council on 
     Environmental Quality may be continued by the Department or 
     the President with the same effect as if this title had not 
     been enacted.
       (6) The contracts, liabilities, records, property, and 
     other assets and interests of the Council on Environmental 
     Quality shall, after the effective date of this Act, be 
     considered to be the contracts, liabilities, records, 
     property, and other assets and interests of the Department.

     SEC. 115. ADMINISTRATIVE PROVISIONS.

       (a) Acceptance of Money and Property.--(1) The Secretary 
     may accept and retain money, uncompensated services, and 
     other real and personal property or rights (whether by gift, 
     bequest, devise, or otherwise) for the purpose of carrying 
     out the Department's programs and activities, except that the 
     Secretary shall not endorse any company, product, 
     organization, or service. Gifts, bequests, and devises of 
     money and proceeds from sales of other property received as 
     gifts, bequests, or devises shall be credited in a separate 
     fund in the Treasury of the United States and shall be 
     available for disbursement upon the order of the Secretary.
       (2) The Secretary shall prescribe regulations and 
     guidelines setting forth the criteria the Department shall 
     use in determining whether to accept a gift, bequest, or 
     devise. Such criteria shall take into consideration whether 
     the acceptance of the property would reflect unfavorably upon 
     the Department's or any employee's ability to carry out its 
     responsibilities or official duties in a fair and objective 
     manner, or would compromise the integrity of or the 
     appearance of the integrity of a Government program or any 
     official involved in that program.
       (b) Seal of the Department.--(1) On the effective date of 
     this Act, the seal of the Environmental Protection Agency 
     with appropriate changes shall be the seal of the Department 
     of Environmental Protection, until such time as the Secretary 
     may cause a seal of office to be made for the Department of 
     Environmental Protection of such design as the Secretary 
     shall approve.
       (2)(A) Chapter 33 of title 18, United States Code, is 
     amended by adding at the end thereof the following new 
     section:

     ``Sec. 716. Department of Environmental Protection Seal

       ``(a) Whoever knowingly displays any printed or other 
     likeness of the official seal of the Department of 
     Environmental Protection, or any facsimile thereof, in, or in 
     connection with, any advertisement, poster, circular, book, 
     pamphlet, or other publication, public meeting, play, motion 
     picture, telecast, or other production, or on any building, 
     monument, or stationery, for the purpose of conveying, or in 
     a manner reasonably calculated to convey, a false impression 
     of sponsorship or approval by the Government of the United 
     States or by any department, agency, or instrumentality 
     thereof, shall be fined not more than $250 or imprisoned not 
     more than 6 months, or both.
       ``(b) Whoever, except as authorized under regulations 
     promulgated by the Secretary of Environmental Protection and 
     published in the Federal Register, knowingly manufactures, 
     reproduces, sells, or purchases for resale, either separately 
     or appended to any article manufactured or sold, any likeness 
     of the official seal of the Department of Environmental 
     Protection, or any substantial part thereof, except for 
     manufacture or sale of the article for the official use of 
     the Government of the United States, shall be fined not more 
     than $250 or imprisoned not more than 6 months, or both.
       ``(c) A violation of subsection (a) or (b) may be enjoined 
     at the suit of the Attorney General of the United States upon 
     complaint by any authorized representative of the Secretary 
     of the Department of Environmental Protection.''.
       (B) The table of sections for chapter 33 of title 18, 
     United States Code, is amended by adding at the end thereof:

``716. Department of Environmental Protection Seal.''.

       (c) Acquisition of Copyrights and Patents.--The Secretary 
     is authorized to acquire any of the following described 
     rights if the property acquired thereby is for use by or for, 
     or useful to, the Department:
       (1) copyrights, patents, and applications for patents, 
     designs, processes, and manufacturing data;
       (2) licenses under copyrights, patents, and applications 
     for patents; and
       (3) releases, before suit is brought, for past infringement 
     of patents or copyrights.
       (d) Advisory Committee Compensation.--The Secretary is 
     authorized to pay members of advisory committees and others 
     who perform services as authorized under section 3109 of 
     title 5, United States Code, at rates for individuals not to 
     exceed the per diem rate equivalent to the rate for level V 
     of the Executive Schedule under section 5316 of title 5, 
     United States Code.

     SEC. 116. INHERENTLY GOVERNMENTAL FUNCTIONS.

       (a) Government Officers and Employees.--(1) Inherently 
     governmental functions of the Department shall be performed 
     only by officers and employees of the United States. For 
     purposes of this section, the term ``inherently governmental 
     function'' means any activity which is so intimately related 
     to the public interest as to mandate performance by 
     Government officers and employees. Inherently governmental 
     functions include those activities which require either the 
     exercise of discretion in applying Government authority or 
     the use of value judgment in making decisions for the 
     Government. The Secretary shall promulgate regulations or 
     internal guidance to implement this section. This section is 
     not intended, and may not be construed, to create any right 
     or benefit, substantive or procedural, enforceable at law by 
     a party against the United States, the Department, its 
     officers, or any person.
       (b) Conflicts of Interest.--(1) The Secretary shall by 
     regulation require any person proposing to enter into a 
     contract, grant, or cooperative agreement whether by sealed 
     bid or negotiation, for the conduct of research, development, 
     evaluation activities, or for consulting services, to provide 
     the Secretary, prior to entering into any such contract, 
     agreement, or arrangement, with all relevant information, as 
     determined by the Secretary, bearing on whether that person 
     has a possible conflict of interest with respect to--
       (A) being able to render impartial, technically sound, or 
     objective assistance or advice in light of other activities 
     or relationships with other persons; or
       (B) being given an unfair competitive advantage.
       (2) Such person shall ensure, in accordance with 
     regulations prescribed by the Secretary, compliance with this 
     section by subcontractors of such person who are engaged to 
     perform similar services.
       (3) For purposes of this subsection, the term ``consulting 
     services'' includes--
       (A) management and professional support services;
       (B) studies, analyses, and evaluations;
       (C) engineering and technical services, excluding routine 
     engineering services such as automated data processing and 
     architect and engineering contracts; and
       (D) research and development.
       (c) Require Affirmative Finding; Conflicts of Interest 
     Which Cannot Be Avoided; Mitigation of Conflicts.--(1) 
     Subject to the provisions of paragraph (2), the Secretary may 
     not enter into any such contract, agreement, or arrangement, 
     unless he affirmatively finds, after evaluating all such 
     information and any other relevant information otherwise 
     available to him, either that--
       (A) there is little or no likelihood that a conflict of 
     interest would exist; or
       (B) that such conflict has been avoided after appropriate 
     conditions have been included in such contract, agreement, or 
     arrangement.
       (2) If the Secretary determines that such conflict of 
     interest exists and that such conflict of interest cannot be 
     avoided by including appropriate conditions therein, the 
     Secretary may enter into such contract, agreement, or 
     arrangement, if the Secretary--
       (A) determines that it is in the best interests of the 
     United States to do so; and
       (B) includes appropriate conditions in such contract, 
     agreement, or arrangement to mitigate such conflict.
       (d) Public Notice Regarding Conflicts of Interest.--The 
     Secretary shall promulgate regulations which require public 
     notice to be given whenever the Secretary determines that the 
     award of a contract, agreement, or arrangement may result in 
     a conflict of interest which cannot be avoided by including 
     appropriate conditions therein.
       (e) Disclaimer.--Nothing in this section shall preclude the 
     Department from promulgating regulations to monitor potential 
     conflicts after the contract award.
       (f) Central File.--The Department shall maintain a central 
     file regarding all cases when a public notice is issued. 
     Other information required under this section shall also be 
     compiled. Access to this information shall be controlled to 
     safeguard any proprietary information.
       (g) Regulations.--No later than 120 days after the 
     effective date of this Act, the Secretary shall promulgate 
     regulations for the implementation of this section.

     SEC. 117. REFERENCES.

       Reference in any other Federal law, Executive order, rule, 
     regulation, or delegation of authority, or any document of or 
     pertaining--
       (1) to the Administrator of the Environmental Protection 
     Agency shall be deemed to refer to the Secretary of 
     Environmental Protection;
       (2) to the Environmental Protection Agency shall be deemed 
     to refer to the Department of Environmental Protection;
       (3) to the Deputy Administrator of the Environmental 
     Protection Agency shall be deemed to refer to the Deputy 
     Secretary of Environmental Protection; or
       (4) to any Assistant Administrator of the Environmental 
     Protection Agency shall be deemed to refer to an Assistant 
     Secretary of the Department of Environmental Protection.

     SEC. 118. SAVINGS PROVISIONS.

       (a) Continuing Effect of Legal Documents.--All orders, 
     determinations, rules, regulations, permits, agreements, 
     grants, contracts, certificates, licenses, registrations, 
     privileges, and other administrative actions--
       (1) which have been issued, made, granted, or allowed to 
     become effective by the President, by the Administrator of 
     the Environmental Protection Agency, or by a court of 
     competent jurisdiction, in the performance of functions of 
     the Administrator or the Environmental Protection Agency, and
       (2) which are in effect at the time this title takes 
     effect, or were final before the effective date of this Act 
     and are to become effective on or after the effective date of 
     this Act,

     shall continue in effect according to their terms until 
     modified, terminated, superseded, set aside, or revoked in 
     accordance with law by the President, the Secretary of 
     Environmental Protection, or other authorized official, a 
     court of competent jurisdiction, or by operation of law.
       (b) Proceedings Not Affected.--The provisions of this title 
     shall not affect any proceedings or any application for any 
     license, permit, certificate, or financial assistance pending 
     before the Environmental Protection Agency at the time this 
     title takes effect, but such proceedings and applications 
     shall be continued. Orders shall be issued in such 
     proceedings, appeals shall be taken therefrom, and payments 
     shall be made pursuant to such orders, as if this title had 
     not been enacted, and orders issued in any such proceedings 
     shall continue in effect until modified, terminated, 
     superseded, or revoked by a duly authorized official, by a 
     court of competent jurisdiction, or by operation of law. 
     Nothing in this subsection shall be deemed to prohibit the 
     discontinuance or modification of any such proceeding under 
     the same terms and conditions and to the same extent that 
     such proceeding could have been discontinued or modified if 
     this title had not been enacted.
       (c) Suits Not Affected.--The provisions of this title shall 
     not affect suits commenced before the date this title takes 
     effect, and in all such suits, proceedings shall be had, 
     appeals taken, and judgments rendered in the same manner and 
     with the same effect as if this title had not been enacted.
       (d) Nonabatement of Actions.--No suit, action, or other 
     proceeding commenced by or against the Environmental 
     Protection Agency, or by or against any individual in the 
     official capacity of such individual as an officer of the 
     Environmental Protection Agency, shall abate by reason of the 
     enactment of this Act.
       (e) Administrative Actions Relating to Promulgation of 
     Regulations.--Any administrative action relating to the 
     preparation or promulgation of a regulation by the 
     Environmental Protection Agency may be continued by the 
     Department with the same effect as if this title had not been 
     enacted.
       (f) Property and Resources.--The contracts, liabilities, 
     records, property, and other assets and interests of the 
     Environmental Protection Agency shall, after the effective 
     date of this Act, be considered to be the contracts, 
     liabilities, records, property, and other assets and 
     interests of the Department.
       (g) Savings.--The Department of Environmental Protection 
     and its officers, employees, and agents shall have all the 
     powers and authorities of the Environmental Protection 
     Agency.

     SEC. 119. CONFORMING AMENDMENTS.

       (a) Presidential Succession.--Section 19(d)(1) of title 3, 
     United States Code, is amended by inserting before the period 
     at the end thereof the following: ``, Secretary of 
     Environmental Protection''.
       (b) Definition of Department, Civil Service Laws.--Section 
     101 of title 5, United States Code, is amended by adding at 
     the end thereof the following: ``The Department of 
     Environmental Protection''.
       (c) Compensation, Level I.--Section 5312 of title 5, United 
     States Code, is amended by adding at the end thereof the 
     following: ``Secretary of Environmental Protection''.
       (d) Compensation, Level II.--Section 5313 of title 5, 
     United States Code, is amended by striking out 
     ``Administrator of Environmental Protection Agency'' and 
     inserting in lieu thereof ``Deputy Secretary of Environmental 
     Protection''.
       (e) Compensation, Level IV.--Section 5315 of title 5, 
     United States Code, is amended--
       (1) by striking out ``Inspector General, Environmental 
     Protection Agency'' and inserting in lieu thereof ``Inspector 
     General, Department of Environmental Protection''; and
       (2) by striking each reference to an Assistant 
     Administrator of the Environmental Protection Agency and by 
     adding at the end thereof the following:
       ``Assistant Secretaries, Department of Environmental 
     Protection (12).
       ``General Counsel, Department of Environmental 
     Protection.''; and
       (3) by striking out ``Chief Financial Officer, 
     Environmental Protection agency'' and inserting in lieu 
     thereof ``Chief Financial Officer, Department of 
     Environmental Protection''.
       (f) Compensation, Level V.--Section 5316 of title 5, United 
     States Code, is amended by adding at the end thereof the 
     following:
       ``Director of the Bureau of Environmental Statistics, 
     Department of Environmental Protection.
       ``Executive Director of the Commission on Improving 
     Environmental Protection.''.
       (g) Inspector General Act.--The Inspector General Act of 
     1978 is amended--
       (1) in section 11(1), by inserting ``Environmental 
     Protection,'' after ``Energy,''; and
       (2) in section 11(2), by inserting ``Environmental 
     Protection,'' after ``Energy,''.

     SEC. 120. ADDITIONAL CONFORMING AMENDMENTS.

       After consultation with the Committee on Governmental 
     Affairs and the Committee on Environment and Public Works and 
     other appropriate committees of the United States Senate and 
     the appropriate committees of the House of Representatives, 
     the Secretary of Environmental Protection shall prepare and 
     submit to the Congress legislation which the Secretary 
     determines is necessary and appropriate containing technical 
     and conforming amendments to the United States Code, and to 
     other provisions of law, to reflect the changes made by this 
     title.

     SEC. 121. SENSE OF THE SENATE.

       It is the sense of the Senate that building the capacity of 
     State and local governments to more efficiently and 
     effectively implement and manage environmental regulations 
     should be a primary mission of the Department of 
     Environmental Protection.

     SEC. 122. OFFICE OF ENVIRONMENTAL JUSTICE.

       There is established within the Department the Office of 
     Environmental Justice. The Office of Environmental Justice 
     shall--
       (1) develop a strategic plan to ensure equality in 
     environmental protection;
       (2) evaluate whether environmental policy is helping 
     individuals who suffer the highest exposure to pollution, and 
     identify opportunities for preventing or reducing such 
     exposure;
       (3) compile an annual report on progress in achieving 
     environmental equity;
       (4) require the collection of data on environmental health 
     effects so that impacts on different individuals or groups 
     can be understood;
       (5) identify environmental high impact areas which are 
     subject to the highest loadings of toxic chemicals, through 
     all media; and
       (6) assess the health effects that may be caused by 
     emissions in the environmental high impact areas of highest 
     impact.

     SEC. 123. WETLAND DETERMINATIONS BY A SINGLE AGENCY.

       In consultation with the Secretary of Agriculture, the 
     Secretary of Environmental Protection, the Secretary of the 
     Army, and the Secretary of the Interior, the President shall, 
     within 90 days of the date of enactment of this Act, make 
     recommendations and report to the Congress on measures to--
       (1) provide that a single Federal agency be responsible for 
     making technical determinations, including identification of 
     wetlands, on agricultural lands with respect to wetland or 
     converted wetland in order to reduce confusion among 
     agricultural producers; and
       (2) provide that the Soil Conservation Service be the 
     Federal agency responsible for all such technical 
     determinations concerning wetlands on agricultural lands.
Subtitle B--Establishment of the Commission on Improving Environmental 
                               Protection

     SEC. 201. ESTABLISHMENT; MEMBERSHIP.

       (a) Establishment.--There is established the Commission on 
     Improving Environmental Protection (hereafter referred to as 
     ``the Commission'') whose 13 members including the Chairman 
     shall be composed of experts in governmental organization 
     (with emphasis on environmental organization), management of 
     organizations and environmental regulation and improved 
     environmental governmental service delivery, consisting of--
       (1) 7 members to be appointed by the President;
       (2) 2 members to be appointed by the Speaker of the House 
     of Representatives;
       (3) 1 member to be appointed by the Minority Leader of the 
     House of Representatives;
       (4) 2 members to be appointed by the Senate Majority 
     Leader; and
       (5) 1 member to be appointed by the Senate Minority Leader.
       (b) Chairman.--The Chairman of the Commission shall be 
     appointed by the President.
       (c) Political Party Affiliation.--Notwithstanding any other 
     provision of this section, no more than 7 members of the 
     Commission may be from the same political party.

     SEC. 202. COMMISSION RESPONSIBILITIES.

       (a) Responsibilities.--The Commission shall be responsible 
     for examining and making recommendations on the management 
     and implementation of the environmental laws and programs 
     within the jurisdiction of the Department of Environmental 
     Protection in order to enhance the ability of the Department 
     to preserve and protect human health and the environment. The 
     Commission shall make recommendations and otherwise advise 
     the President and the Congress on the need to--
       (1) enhance and strengthen the management and 
     implementation of existing programs within the Department;
       (2) enhance the organization of the Department to eliminate 
     duplication and overlap between different programs;
       (3) enhance the coordination between different programs and 
     offices within the Department;
       (4) enhance the consistency of policies throughout the 
     Department;
       (5) establish new and enhanced small business and small 
     governmental jurisdictions compliance assistance programs, 
     and to strengthen organizational mechanisms in the Department 
     for providing better compliance and technical assistance to 
     small businesses and small governmental jurisdictions; and
       (6) enhance the capacity of State and local governments to 
     manage, finance, and implement environmental laws (including 
     regulations).
       (b) Recommendations.--The Commission shall provide specific 
     steps and proposals for implementing the Commission's 
     recommendations including an estimate of the costs of 
     implementing such recommendations, except that the Commission 
     shall not suggest substantive changes in the policy expressed 
     by existing laws.
       (c) Conflict of Interests.--For purposes of the provisions 
     of chapter 11 of part I of title 18, United States Code, a 
     member of the Commission (to whom such provisions would not 
     otherwise apply except for this subsection) shall be a 
     special Government employee.

     SEC. 203. REPORT TO THE PRESIDENT AND CONGRESS.

       The Commission shall report to the President and the 
     Congress on its investigation, findings, and recommendations 
     in an interim report no later than 12 months after the 
     effective date of this subtitle, and in a final report no 
     later than 24 months after the effective date of this 
     subtitle. The interim report shall be made available for 
     public review and comment, and the comments taken into 
     account in finalizing the report.

     SEC. 204. COMMISSION STAFF.

       The Commission shall appoint an Executive Director who 
     shall be compensated at a rate not to exceed the rate of 
     basic pay prescribed for level V of the Executive Schedule 
     under section 5316 of title 5, United States Code. With the 
     approval of the Commission the Executive Director may appoint 
     and fix the compensation of staff sufficient to enable the 
     Commission to carry out its duties.

     SEC. 205. ADVISORY GROUPS.

       The Chairman shall convene at least one advisory group to 
     assist the Commission in developing its recommendations. One 
     advisory group shall be composed of past staff of the 
     Department of Environmental Protection and its predecessor 
     Environmental Protection Agency, other Federal and State 
     officials experienced in administering environmental 
     protection programs, members of the regulated community and 
     members of public interest groups organized to further the 
     goals of environmental protection. The Executive Director is 
     authorized to pay members of advisory committees and others 
     who perform services as authorized under section 3109 of 
     title 5, United States Code, at rates for individuals not to 
     exceed the per diem rate equivalent to the rate for level V 
     of the Executive Schedule under section 5316 of title 5, 
     United States Code. The advisory group shall be subject to 
     the provisions of the Federal Advisory Committee Act.

     SEC. 206. TERMINATION OF COMMISSION.

       No later than 90 days after the date on which the 
     Commission submits its final report, the Commission shall 
     terminate unless otherwise directed by the President.

     SEC. 207. FUNDING; AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated $2,000,000 in 
     fiscal year 1993 and $2,000,000 in fiscal year 1994 to carry 
     out the provisions of this subtitle.
                       Subtitle C--Effective Date

     SEC. 301. EFFECTIVE DATE.

       This title and the amendments made by this title shall take 
     effect on such date during the 6-month period beginning on 
     the date of enactment, as the President may direct in an 
     Executive order. If the President fails to issue an Executive 
     order for the purpose of this section, this title and such 
     amendments shall take effect 6 months after the date of the 
     enactment of this Act.
  Mr. SIMON. Mr. President, I ask unanimous consent to address the 
Senate for 4 minutes as in morning business.
  The PRESIDING OFFICER (Mr. Akaka). Is there objection?
  Without objection, it is so ordered.
  The Senator is recognized.

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