103D CONGRESS

2D SESSION S. 2019

AN ACT

To reauthorize and amend title XIV of the Public

poses.‘‘Safe Drinking Water Act’’), and for other pur- Health Service Act (commonly known as the
103D CONGRESS

2D SESSION S. 2019

AN ACT

To reauthorize and amend title XIV of the Public Health

Service Act (commonly known as the ‘‘Safe Drinking

Water Act’’), and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS; REF4 ERENCES.

5 (a) SHORT TITLE.—This Act may be cited as the

6 ‘‘Safe Drinking Water Act Amendments of 1994’’.
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1 (b) TABLE OF CONTENTS.—The table of contents of

2 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.

TITLE 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.
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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.

1 (c) REFERENCES TO TITLE XIV OF THE PUBLIC

2 HEALTH SERVICE ACT.—Except as otherwise expressly

3 provided, whenever in this Act an amendment or repeal

4 is expressed in terms of an amendment to, or repeal of,

5 a section or other provision, the reference shall be consid6 ered to be made to a section or other provision of title

7 XIV of the Public Health Service Act (commonly known

8 as the ‘‘Safe Drinking Water Act’’) (42 U.S.C. 300f et

9 seq.).

10 SEC. 2. FINDINGS.

11 Congress finds that—

12 (1) safe drinking water is essential to the pro13 tection of public health;

14 (2) the Federal Government needs to assist

15 communities in the financing of drinking water

16 treatment and related projects;

17 (3) small drinking water systems need addi18 tional technical assistance and information from
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1 State and Federal agencies to ensure the provision

2 of safe and affordable drinking water;

3 (4) the existing process for the assessment and

4 regulation of additional drinking water contaminants

5 needs to be improved and revised to provide for

6 more extensive participation from interested parties

7 and to strengthen the scientific basis for drinking

8 water regulations;

9 (5) States play a central role in the implemen10 tation of safe drinking water programs and States

11 need increased financial resources to ensure the

12 prompt and effective development and implementa13 tion of drinking water programs; and

14 (6) there is substantial noncompliance with re15 quirements of the Safe Drinking Water Act (42

16 U.S.C. 300f et seq.) and Federal and State agencies

17 need more effective authorities to ensure the imple18 mentation of the Act.

19 SEC. 3. STATE REVOLVING LOAN FUNDS.

20 (a) ESTABLISHMENT OF STATE LOAN FUNDS.—The

21 title (42 U.S.C. 300f et seq.) is amended by adding at

22 the end the following new part:
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1 ‘‘PART G—STATE REVOLVING LOAN FUNDS

2 ‘‘GENERAL AUTHORITY

3 ‘‘SEC. 1471. (a) CAPITALIZATION GRANT AGREE4 MENTS.—The Administrator shall offer to enter into an

5 agreement with each State to make capitalization grants

6 to the State pursuant to section 1472 (referred to in this

7 part as ‘capitalization grants’) to establish a drinking

8 water treatment State revolving loan fund (referred to in

9 this part as a ‘State loan fund’).

10 ‘‘(b) REQUIREMENTS OF AGREEMENTS.—An agree11 ment entered into pursuant to this section shall establish,

12 to the satisfaction of the Administrator, that—

13 ‘‘(1) the State has established a State loan fund

14 that complies with the requirements of this part;

15 ‘‘(2) the State loan fund will be administered by

16 an instrumentality of the State that has the powers

17 and authorities that are required to operate the

18 State loan fund in accordance with this part;

19 ‘‘(3) the State will deposit the capitalization

20 grants into the State loan fund;

21 ‘‘(4) the State will deposit all loan repayments

22 received, and interest earned on the amounts depos23 ited into the State loan fund under this part, into

24 the State loan fund;

25 ‘‘(5) the State will deposit into the State loan

26 fund an amount equal to at least 20 percent of the
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1 total amount of each payment to be made to the

2 State on or before the date on which the payment

3 is made to the State, except as provided in sub4 section (c)(4);

5 ‘‘(6) the State will use funds in the State loan

6 fund in accordance with an intended use plan pre7 pared pursuant to section 1474(b);

8 ‘‘(7) the State and loan recipients that receive

9 funds that the State makes available from the State

10 loan fund will use accounting, audit, and fiscal pro11 cedures that conform to generally accepted account12 ing standards, as determined by the Administrator;

13 and

14 ‘‘(8) the State has adopted policies and proce15 dures to ensure that loan recipients are reasonably

16 likely to be able to repay a loan.

17 ‘‘(c) ADMINISTRATION OF STATE LOAN FUNDS.—

18 ‘‘(1) IN GENERAL.—The authority to establish

19 assistance priorities for financial assistance provided

20 with amounts deposited into the State loan fund

21 shall remain with the State agency that has primary

22 responsibility for the administration of the State

23 program pursuant to section 1413(a), after consulta24 tion with other appropriate State agencies.
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1 ‘‘(2) FINANCIAL ADMINISTRATION.—A State

2 may combine the financial administration of the

3 State loan fund pursuant to this part with the finan4 cial administration of a State water pollution control

5 revolving fund established by the State pursuant to

6 title VI of the Federal Water Pollution Control Act

7 (33 U.S.C. 1381 et seq.) or other State revolving

8 funds providing financing for similar purposes if the

9 Administrator determines that the grants to be pro10 vided to the State under this part, together with

11 loan repayments and interest deposited into the

12 State loan fund pursuant to this part, will be sepa13 rately accounted for and used solely for the purposes

14 of and in compliance with the requirements specified

15 in this part.

16 ‘‘(3) TRANSFER OF FUNDS.—

17 ‘‘(A) IN GENERAL.—Notwithstanding any

18 other provision of law, a Governor of a State

19 may—

20 ‘‘(i) reserve up to 50 percent of a cap21 italization grant made pursuant to section

22 1472 and add the funds reserved to any

23 funds provided to the State pursuant to

24 section 601 of the Federal Water Pollution

25 Control Act (33 U.S.C. 1381); and
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1 ‘‘(ii) reserve in any year a dollar

2 amount up to the dollar amount that may

3 be reserved under clause (i) for that year

4 from capitalization grants made pursuant

5 to section 601 of such Act (33 U.S.C.

6 1381) and add the reserved funds to any

7 funds provided to the State pursuant to

8 section 1472.

9 ‘‘(B) STATE MATCH.—Funds reserved pur10 suant to this paragraph shall not be considered

11 a State match of a capitalization grant required

12 pursuant to this title or the Federal Water Pol13 lution Control Act (33 U.S.C. 1251 et seq.).

14 ‘‘(4) STATE MATCH.—Notwithstanding sub15 section (b)(5), a State shall not be required to de16 posit a State matching amount in the fund prior to

17 the date on which each payment is made for pay18 ments from funds appropriated for fiscal years 1994

19 and 1995, if the matching amounts for the pay20 ments are deposited in the State fund prior to Sep21 tember 30, 1998.

22 ‘‘CAPITALIZATION GRANTS

23 ‘‘SEC. 1472. (a) GENERAL AUTHORITY.—The Ad24 ministrator may make grants to capitalize State loan

25 funds to a State that has entered into an agreement pur26 suant to section 1471.
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1 ‘‘(b) FORMULA FOR ALLOTMENT OF FUNDS.—

2 ‘‘(1) IN GENERAL.—Subject to subsection (c)

3 and paragraph (2), funds made available to carry

4 out this part shall be allotted to States that have en5 tered into an agreement pursuant to section 1471 in

6 accordance with—

7 ‘‘(A) for each of fiscal years 1994 through

8 1997, a formula that is the same as the for9 mula used to distribute public water system su10 pervision grant funds under section 1443 in fis11 cal year 1994, except that the minimum propor12 tionate share established in the formula shall be

13 1 percent of available funds and the formula

14 shall be adjusted to include a minimum propor15 tionate share for the State of Wyoming; and

16 ‘‘(B) for each of fiscal years 1998 through

17 2000, a formula that allocates to each State the

18 proportional share of the State needs identified

19 in the most recent survey conducted pursuant

20 to section 1475(c), except that the minimum

21 proportion provided to each State shall be the

22 same as the minimum proportion provided

23 under subparagraph (A).

24 ‘‘(2) OTHER JURISDICTIONS.—The formula es25 tablished pursuant to paragraph (1) shall reserve a
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1 total of not less than 0.5 percent of the amounts

2 made available to carry out this part for a fiscal

3 year for providing direct grants to the jurisdictions,

4 other than Indian tribes, referred to in subsection

5 (f).

6 ‘‘(c) RESERVATION OF FUNDS FOR INDIAN

7 TRIBES.—

8 ‘‘(1) IN GENERAL.—For each fiscal year, prior

9 to the allotment of funds made available to carry out

10 this part, the Administrator shall reserve 1.5 percent

11 of the funds for providing financial assistance to In12 dian tribes pursuant to subsection (f).

13 ‘‘(2) USE OF FUNDS.—Funds reserved pursu14 ant to paragraph (1) shall be used to address the

15 most significant threats to public health associated

16 with public water systems that serve Indian tribes,

17 as determined by the Administrator in consultation

18 with the Commissioner of Indian Affairs and Indian

19 tribes.

20 ‘‘(3) NEEDS ASSESSMENT.—The Administrator,

21 in consultation with the Commissioner of Indian Af22 fairs and Indian tribes, shall, in accordance with a

23 schedule that is consistent with the needs surveys

24 conducted pursuant to section 1475(c), prepare sur25 veys and assess the needs of drinking water treat-
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1 ment facilities to serve Indian tribes, including an

2 evaluation of the public water systems that pose the

3 most significant threats to public health.

4 ‘‘(d) TECHNICAL ASSISTANCE FOR SMALL SYS5 TEMS.—

6 ‘‘(1) DEFINITIONS.—As used in this subsection:

7 ‘‘(A) SMALL SYSTEM.—The term ‘small

8 system’ means a public water system that

9 serves a population of 10,000 or less.

10 ‘‘(B) TECHNICAL ASSISTANCE.—The term

11 ‘technical assistance’ means assistance provided

12 by a State to a small system, including assist13 ance to potential loan recipients and assistance

14 for planning and design related to the develop15 ment and implementation of a source water

16 quality protection petition program, alternative

17 supplies of drinking water, restructuring or con18 solidation of a small system, and treatment to

19 comply with a national primary drinking water

20 regulation.

21 ‘‘(2) RESERVATION OF FUNDS.—To provide

22 technical assistance pursuant to this subsection,

23 each State may reserve from capitalization grants

24 received in any year an amount that does not exceed

25 the greater of—
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1 ‘‘(A) an amount equal to 2 percent of the

2 amount of the capitalization grants received by

3 the State pursuant to this section; or

4 ‘‘(B) $300,000.

5 ‘‘(e) ALLOTMENT PERIOD.—

6 ‘‘(1) PERIOD OF AVAILABILITY FOR FINANCIAL

7 ASSISTANCE.—

8 ‘‘(A) IN GENERAL.—Except as provided in

9 subparagraph (B), the sums allotted to a State

10 pursuant to subsection (b) for a fiscal year shall

11 be available to the State for obligation during

12 the fiscal year for which the sums are author13 ized and during the following fiscal year.

14 ‘‘(B) FUNDS MADE AVAILABLE FOR FISCAL

15 YEAR 1994.—The sums allotted to a State pur16 suant to subsection (b) from funds that are

17 made available by appropriations for fiscal year

18 1994 shall be available to the State for obliga19 tion during each of fiscal years 1994 through

20 1996.

21 ‘‘(2) REALLOTMENT OF UNOBLIGATED

22 FUNDS.—Prior to obligating new allotments made

23 available to the State pursuant to subsection (b),

24 each State shall obligate funds accumulated before a

25 date that is 180 days prior to the date of the obliga-
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1 tion of a new allotment from loan repayments and

2 interest earned on amounts deposited in a State loan

3 fund. The amount of any allotment that is not obli4 gated by a State by the last day of the period of

5 availability established by paragraph (1) may, at the

6 election of the Governor of such State, be reallocated

7 in the form of additional grants pursuant to sub8 section (f)(1) for eligible projects. Otherwise such

9 amount shall be immediately reallotted by the Ad10 ministrator on the basis of the same ratio as is ap11 plicable to sums allotted under subsection (b), except

12 that the Administrator may reserve and allocate 10

13 percent of such remaining amount for financial as14 sistance to Indian tribes in addition to the amount

15 allotted under section 1472(c). None of the funds re16 allotted by the Administrator shall be reallotted to

17 any State that has not obligated all sums allotted to

18 the State pursuant to this section during the period

19 that the sums were available for obligation.

20 ‘‘(3) ALLOTMENT OF WITHHELD FUNDS.—All

21 funds withheld by the Administrator pursuant to

22 subsection (g) and section 1442(e)(4) shall be allot23 ted by the Administrator on the basis of the same

24 ratio as is applicable to funds allotted under sub25 section (b). None of the funds allotted by the Ad-
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1 ministrator pursuant to this paragraph shall be al2 lotted to a State unless the State has viability au3 thority pursuant to section 1418 and has an ade4 quate certification program pursuant to section

5 1442(e).

6 ‘‘(f) DIRECT GRANTS.—

7 ‘‘(1) IN GENERAL.—The Administrator is au8 thorized to make grants for the improvement of pub9 lic water systems of Indian tribes, the District of

10 Columbia, the United States Virgin Islands, the

11 Commonwealth of the Northern Mariana Islands,

12 American Samoa, Guam, and the Republic of Palau

13 (pending the entry into full force and effect of the

14 Compact of Free Association between the United

15 States and the Republic of Palau); and

16 ‘‘(2) ALASKA NATIVE VILLAGES.—In the case of

17 a grant for a project under this subsection in an

18 Alaska Native village, the Administrator is also au19 thorized to make grants to the State of Alaska for

20 the benefit of Native villages. An amount not to ex21 ceed 4 percent of the grant amount may be used by

22 the State of Alaska for project management.

23 ‘‘(g) VIABILITY.—Beginning in fiscal year 1998, the

24 Administrator shall withhold the percentage prescribed in

25 the following sentence of each capitalization grant made
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1 pursuant to this section to a State if the Administrator

2 has not approved a viability program pursuant to section

3 1418(c) for the State. The percentage withheld shall be

4 10 percent for fiscal year 1998, 30 percent for fiscal year

5 1999, and 30 percent for each subsequent fiscal year.

6 ‘‘ELIGIBLE ASSISTANCE

7 ‘‘SEC. 1473. (a) IN GENERAL.—The amounts depos8 ited into a State loan fund, including any amounts equal

9 to the amounts of loan repayments and interest earned

10 on the amounts deposited, may be used by the State to

11 carry out projects that are consistent with this section.

12 ‘‘(b) PROJECTS ELIGIBLE FOR ASSISTANCE.—

13 ‘‘(1) IN GENERAL.—The amounts deposited

14 into a State loan fund shall be used only for provid15 ing financial assistance for capital expenditures (ex16 cluding the cost of land acquisition, unless the cost

17 is incurred to acquire land for the construction of a

18 treatment facility or for a consolidation project)

19 for—

20 ‘‘(A) capital expenditures for a project that

21 will facilitate compliance with national primary

22 drinking water regulations promulgated pursu23 ant to section 1412;

24 ‘‘(B) capital expenditures for a project that

25 will facilitate the consolidation of public water
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1 systems or the use of an alternative source of

2 water supply;

3 ‘‘(C) capital expenditures for a project that

4 will upgrade a drinking water treatment sys5 tem; and

6 ‘‘(D) capital expenditures for the develop7 ment of a public water system to replace private

8 drinking water supplies if the water poses a sig9 nificant threat to human health.

10 ‘‘(2) ASSISTANCE TO NONVIABLE SYSTEMS.—

11 ‘‘(A) IN GENERAL.—Except as provided in

12 subparagraph (B), no assistance under this

13 part shall be provided to a public water system

14 that—

15 ‘‘(i) does not have the technical, man16 agerial, and financial capability to ensure

17 compliance with the requirements of this

18 title; and

19 ‘‘(ii) has a history of past violations of

20 any maximum contaminant level, treat21 ment technique, monitoring requirement,

22 or other requirement of a national primary

23 drinking water regulation or variance.

24 ‘‘(B) RESTRUCTURING.—A nonviable pub25 lic water system may receive assistance under
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1 this part if the owner or operator of the system

2 agrees to undertake changes in operations (in3 cluding ownership, management, accounting,

4 rates, maintenance, consolidation, alternative

5 water supply, or other procedures) to ensure

6 that the system has the technical, managerial,

7 and financial capability to comply with the re8 quirements of this title over the long-term.

9 ‘‘(C) PROHIBITION.—No assistance under

10 this part shall be provided to a public water

11 system for a project for which the State deter12 mines that consolidation is appropriate other

13 than assistance for consolidation.

14 ‘‘(c) ELIGIBLE PUBLIC WATER SYSTEMS.—A State

15 loan fund may provide financial assistance only to commu16 nity water systems and publicly owned and nonprofit

17 noncommunity water systems.

18 ‘‘(d) TYPES OF ASSISTANCE.—Except as otherwise

19 limited by State law, the amounts deposited into a State

20 loan fund under this section may be used only—

21 ‘‘(1) to make loans, on the condition that—

22 ‘‘(A) the interest rate for each loan is less

23 than or equal to the market interest rate, in24 cluding an interest free loan;
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1 ‘‘(B) principal and interest payments on

2 each loan will commence not later than 1 year

3 after completion of the project for which the

4 loan was made and each loan will be fully amor5 tized not later than 20 years after the comple6 tion of the project, except that in the case of a

7 disadvantaged community (as defined in sub8 section (e)(1)), a State may provide an ex9 tended term for a loan, if the extended term—

10 ‘‘(i) terminates not later than the date

11 that is 30 years after the date of project

12 completion; and

13 ‘‘(ii) does not exceed the expected de14 sign life of the project;

15 ‘‘(C) the recipient of each loan will estab16 lish a dedicated source of revenue for the repay17 ment of the loan; and

18 ‘‘(D) the State loan fund will be credited

19 with all payments of principal and interest on

20 each loan;

21 ‘‘(2) to buy or refinance the debt obligation of

22 a municipality or an intermunicipal or interstate

23 agency within the State at an interest rate that is

24 less than or equal to the market interest rate in any

25 case in which a debt obligation is incurred after Oc-
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1 tober 14, 1993, or to refinance a debt obligation for

2 a project constructed to comply with a regulation es3 tablished pursuant to an amendment to this title

4 made by the Safe Drinking Water Act Amendments

5 of 1986 (Public Law 99–339; 100 Stat. 642);

6 ‘‘(3) to guarantee, or purchase insurance for, a

7 local obligation if the guarantee or purchase would

8 improve credit market access or reduce the interest

9 rate applicable to the obligation;

10 ‘‘(4) as a source of revenue or security for the

11 payment of principal and interest on revenue or gen12 eral obligation bonds issued by the State if the pro13 ceeds of the sale of the bonds will be deposited into

14 the State loan fund;

15 ‘‘(5) as a source of revenue or security for the

16 payment of interest on a local obligation; and

17 ‘‘(6) to earn interest on the amounts deposited

18 into the State loan fund.

19 ‘‘(e) ASSISTANCE FOR DISADVANTAGED COMMU20 NITIES.—

21 ‘‘(1) DEFINITION OF DISADVANTAGED COMMU22 NITY.—As used in this subsection, the term ‘dis23 advantaged community’ means the service area of a

24 public water system that meets affordability criteria

25 established after public review and comment by the
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1 State in which the public water system is located.

2 The Administrator may publish information to assist

3 States in establishing affordability criteria.

4 ‘‘(2) LOAN SUBSIDY.—Notwithstanding sub5 section (d), in any case in which the State makes a

6 loan pursuant to subsection (d) to a disadvantaged

7 community or to a community that the State expects

8 to become a disadvantaged community as the result

9 of a proposed project, the State may provide addi10 tional subsidization (including forgiveness of prin11 cipal).

12 ‘‘(3) TOTAL AMOUNT OF SUBSIDIES.—For each

13 fiscal year, the total amount of loan subsidies made

14 by a State pursuant to paragraph (2) may not ex15 ceed 30 percent of the amount of the capitalization

16 grant received by the State for the year.

17 ‘‘STATE LOAN FUND ADMINISTRATION

18 ‘‘SEC. 1474. (a) ADMINISTRATION, TECHNICAL AS19 SISTANCE, AND MANAGEMENT.—

20 ‘‘(1) ADMINISTRATION.—Each State that has a

21 State loan fund is authorized to expend from the

22 State loan fund a reasonable amount not to exceed

23 4 percent of the capitalization grant made to the

24 State, for the costs of the administration of the

25 State loan fund.
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1 ‘‘(2) STATE PROGRAM MANAGEMENT ASSIST2 ANCE.—

3 ‘‘(A) IN GENERAL.—Each State that has a

4 loan fund is authorized to expend from the

5 State loan fund an amount, determined pursu6 ant to this paragraph, to carry out the public

7 water system supervision program and source

8 water quality protection petition program in the

9 State.

10 ‘‘(B) LIMITATION.—Amounts expended

11 pursuant to this paragraph in a fiscal year may

12 not exceed the amount that is equal to the per13 centage specified in subparagraph (C) of the

14 amount that is the difference between the grant

15 funds available to the State in the fiscal year

16 pursuant to section 1443(a) (including non17 Federal funds matching the grant funds) and

18 the amounts identified in the public water sys19 tem supervision resource model established pur20 suant to section 1443, including State source

21 water protection programs established pursuant

22 to section 1429.

23 ‘‘(C) PERCENTAGE.—The percentage re24 ferred to in subparagraph (B) shall be—

25 ‘‘(i) 50 percent in fiscal year 1995;
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1 ‘‘(ii) 100 percent in each of fiscal

2 years 1996, 1997, and 1998; and

3 ‘‘(iii) 50 percent in fiscal year 1999.

4 ‘‘(D) STATE FUNDS.—Funds may not be

5 expended pursuant to this paragraph unless the

6 Administrator determines that—

7 ‘‘(i) the amount of State funds sup8 porting the water supply supervision pro9 gram is not less than the amount of State

10 funds provided in fiscal year 1993; and

11 ‘‘(ii) in fiscal year 1999, funding for

12 the water supply supervision program in

13 the State (including funding provided pur14 suant to this paragraph) will be at a level

15 that is no less than the level specified in

16 the resource model established pursuant to

17 section 1443.

18 ‘‘(b) INTENDED USE PLANS.—

19 ‘‘(1) IN GENERAL.—After providing for public

20 review and comment, each State that has entered

21 into a capitalization agreement pursuant to this part

22 shall annually prepare a plan that identifies the in23 tended uses of the amounts available to its State

24 loan fund.
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1 ‘‘(2) CONTENTS.—An intended use plan shall

2 include—

3 ‘‘(A) a list of the projects to be assisted in

4 the first fiscal year that begins after the date

5 of the plan, including a description of the

6 project, the expected terms of financial assist7 ance, and the size of the community served;

8 ‘‘(B) the criteria and methods established

9 for the distribution of funds;

10 ‘‘(C) a description of the financial status of

11 the State loan fund and the short-term and

12 long-term goals of the State loan fund;

13 ‘‘(D) to the maximum extent practicable, a

14 description of all projects for which public

15 water systems sought financial assistance for

16 the fiscal year and the per household costs for

17 drinking water for the systems; and

18 ‘‘(E) to the maximum extent practicable, a

19 description of projects expected to be assisted in

20 the 2 fiscal years following the fiscal year for

21 which a list was prepared under subparagraph

22 (A).

23 ‘‘(3) USE OF FUNDS.—An intended use plan

24 shall provide, to the maximum extent practicable,

25 that priority for the use of funds be given to those
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1 projects that address the most serious risk to human

2 health and that assist systems most in need on a per

3 household basis according to State affordability cri4 teria.

5 ‘‘STATE LOAN FUND MANAGEMENT

6 ‘‘SEC. 1475. (a) IN GENERAL.—Not later than 1 year

7 after the date of enactment of this part, and annually

8 thereafter, the Administrator shall conduct such reviews

9 and audits as the Administrator considers appropriate, or

10 require each State to have the reviews and audits inde11 pendently conducted, in accordance with the single audit

12 requirements of chapter 75 of title 31, United States

13 Code.

14 ‘‘(b) STATE REPORTS.—Not later than 2 years after

15 the date of enactment of this part, and biennially there16 after, each State that administers a State loan fund shall

17 publish and submit to the Administrator a report on the

18 activities of the State under this part, including the find19 ings of the most recent audit of the State loan fund.

20 ‘‘(c) DRINKING WATER NEEDS SURVEY AND ASSESS21 MENT.—Not later than 2 years after the date of enact22 ment of this part, and every 2 years thereafter, the Ad23 ministrator shall submit to Congress a survey and assess24 ment of the needs for facilities in each State eligible for

25 assistance under this part. The survey shall be submitted

26 in even-numbered years so as to alternate annually with
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1 the estimate and comprehensive study of costs required

2 to be submitted to Congress in each odd-numbered year

3 under section 516(b) of the Federal Water Pollution Con4 trol Act (33 U.S.C. 1381(b)). The survey and assessment

5 conducted pursuant to this subsection shall—

6 ‘‘(1) identify, by State, the needs for projects or

7 facilities owned or controlled by community water

8 systems eligible for assistance under this part on the

9 date of the assessment (other than refinancing for a

10 project pursuant to section 1473(d)(2));

11 ‘‘(2) estimate the needs for eligible facilities

12 over the 20-year period following the date of the as13 sessment;

14 ‘‘(3) identify, by size category, the population

15 served by public water systems with needs identified

16 pursuant to paragraph (1); and

17 ‘‘(4) include such other information as the Ad18 ministrator determines to be appropriate.

19 ‘‘(d) EVALUATION.—The Administrator shall conduct

20 an evaluation of the effectiveness of the State loan funds

21 through fiscal year 1996. The evaluation shall be submit22 ted to Congress at the same time as the President submits

23 to Congress, pursuant to section 1108 of title 31, United

24 States Code, an appropriations request for fiscal year
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1 1998 relating to the budget of the Environmental Protec2 tion Agency.

3 ‘‘ENFORCEMENT

4 ‘‘SEC. 1476. The failure or inability of any public

5 water system to receive funds under this part or any other

6 loan or grant program, or any delay in obtaining the

7 funds, shall not alter the obligation of the system to com8 ply in a timely manner with all applicable drinking water

9 standards and requirements of this title.

10 ‘‘LABOR STANDARDS

11 ‘‘SEC. 1477. (a) IN GENERAL.—The Administrator

12 shall take such action as is necessary to ensure that all

13 laborers and mechanics employed by contractors or sub14 contractors of projects for which financial assistance is

15 provided under this part (including any assistance derived

16 from repayments to the State loan fund) shall be paid

17 wages at rates not less than the prevailing rates for the

18 same type of work on similar construction in the imme19 diate locality, as determined by the Secretary of Labor in

20 accordance with the Act entitled ‘An Act relating to the

21 rate of wages for laborers and mechanics employed on

22 public buildings of the United States and the District of

23 Columbia by contractors and subcontractors, and for other

24 purposes’, approved March 3, 1931 (commonly known as

25 the ‘Davis-Bacon Act’) (40 U.S.C. 276a et seq.).
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1 ‘‘(b) AUTHORITY AND FUNCTIONS.—With respect to

2 the labor standards described in subsection (a), the Sec3 retary of Labor shall have the authority and functions set

4 forth in Reorganization Plan Numbered 14 of 1950 (15

5 Fed. Reg. 3176) and section 2 of the Act of June 13,

6 1934 (48 Stat. 948, chapter 482; 40 U.S.C. 276c).

7 ‘‘REGULATIONS AND GUIDANCE

8 ‘‘SEC. 1478. The Administrator shall publish such

9 guidance and promulgate such regulations as are nec10 essary to carry out this part, including guidance and regu11 lations to ensure that—

12 ‘‘(1) each State commits and expends funds

13 from State loan funds in accordance with the re14 quirements of this part and applicable Federal and

15 State laws; and

16 ‘‘(2) the States and eligible public water sys17 tems that receive funds under this part use account18 ing, audit, and fiscal procedures that conform to

19 generally accepted accounting standards.

20 ‘‘AUTHORIZATION OF APPROPRIATIONS

21 ‘‘SEC. 1479. (a) GENERAL AUTHORIZATION.—There

22 are authorized to be appropriated to the Environmental

23 Protection Agency to carry out this part $600,000,000 for

24 fiscal year 1994 and $1,000,000,000 for each of fiscal

25 years 1995 through 2000.
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1 ‘‘(b) NATIONAL ACADEMY OF SCIENCES.—The Ad2 ministrator is authorized to reserve from funds appro3 priated pursuant to this section for fiscal year 1995 an

4 amount not to exceed $1,000,000 to support a study by

5 the National Academy of Sciences of scientific practices

6 related to the development of drinking water standards for

7 contaminants that are regulated on the basis of a health

8 effect other than a carcinogenic effect.’’.

9 (b) DEFINITIONS.—Section 1401 (42 U.S.C. 300f) is

10 amended—

11 (1) in paragraph (13)—

12 (A) by striking ‘‘The’’ and inserting ‘‘(A)

13 Except as provided in subparagraph (B), the’’;

14 and

15 (B) by adding at the end the following new

16 subparagraph:

17 ‘‘(B) For purposes of part G, the term ‘State’

18 means each of the 50 States and the Commonwealth

19 of Puerto Rico.’’;

20 (2) in paragraph (14), by adding at the end the

21 following new sentence: ‘‘For purposes of part G, the

22 term includes any Native village, as defined in sec23 tion 3(c) of the Alaska Native Claims Settlement

24 Act (43 U.S.C. 1602(c)).’’; and
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1 (3) by adding at the end the following new

2 paragraphs:

3 ‘‘(15) The term ‘community water system’

4 means a public water system that—

5 ‘‘(A) serves at least 15 service connections

6 used by year-round residents of the area served

7 by the system; or

8 ‘‘(B) regularly serves at least 25 year9 round residents.

10 ‘‘(16) The term ‘noncommunity water system’

11 means a public water system that is not a commu12 nity water system.’’.

13 SEC. 4. NATIONAL DRINKING WATER REGULATIONS.

14 (a) STANDARDS.—Section 1412(b) (42 U.S.C. 300g–

15 1(b)) is amended by striking ‘‘(b)(1)’’ and all that follows

16 through the end of paragraph (2) and inserting the follow17 ing:

18 ‘‘(b) STANDARD SETTING SCHEDULES AND DEAD19 LINES.—

20 ‘‘(1) IN GENERAL.—

21 ‘‘(A) GOALS AND REGULATIONS FOR CER22 TAIN CONTAMINANTS.—In the case of those

23 contaminants listed in the Advance Notice of

24 Proposed Rulemaking published in volume 47,

25 Federal Register, page 9352, and in volume 48,
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1 Federal Register, page 45502, the Adminis2 trator shall publish maximum contaminant level

3 goals and promulgate national primary drinking

4 water regulations—

5 ‘‘(i) not later than 12 months after

6 June 19, 1986, for not less than 9 of the

7 listed contaminants;

8 ‘‘(ii) not later than 24 months after

9 June 19, 1986, for not less than 40 of the

10 listed contaminants; and

11 ‘‘(iii) not later than 36 months after

12 June 19, 1986, for the remainder of the

13 listed contaminants.

14 ‘‘(B) SUBSTITUTION OF CONTAMINANTS.—

15 If the Administrator identifies a drinking water

16 contaminant the regulation of which, in the

17 judgment of the Administrator, is more likely to

18 be protective of public health (taking into ac19 count the schedule for regulation under sub20 paragraph (A)), the Administrator may publish

21 a maximum contaminant level goal and promul22 gate a national primary drinking water regula23 tion for the identified contaminant in lieu of

24 regulating the contaminant referred to in such

25 subparagraph. There may be no more than 7
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1 contaminants in subparagraph (A) for which

2 substitutions may be made. Regulation of a

3 contaminant identified under this subparagraph

4 shall be in accordance with the schedule appli5 cable to the contaminant for which the substi6 tution is made.

7 ‘‘(2) DISINFECTANTS AND DISINFECTION BY8 PRODUCTS.—

9 ‘‘(A) PROPOSED GOALS AND REGULA10 TION.—Not later than May 31, 1994, the Ad11 ministrator shall propose maximum contami12 nant level goals or maximum residual disinfect13 ant level goals, and a national primary drinking

14 water regulation, for disinfectants and disinfec15 tion byproducts (including maximum residual

16 disinfectant levels). The Administrator shall

17 also propose an interim enhanced surface water

18 treatment rule for systems serving a population

19 of more than 10,000 that includes a maximum

20 contaminant level goal for cryptosporidium. The

21 proposed regulation shall be consistent with the

22 ‘Disinfection and Disinfection Byproducts Ne23 gotiated Rulemaking Committee Agreement’.

24 ‘‘(B) STAGE I REGULATION.—Not later

25 than December 31, 1996, the Administrator
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1 shall, after notice and opportunity for public

2 comment, publish maximum contaminant level

3 goals or maximum residual disinfectant level

4 goals, and promulgate a revised national pri5 mary drinking water regulation for disinfectants

6 and disinfection byproducts (including maxi7 mum residual disinfectant levels) and an in8 terim enhanced surface water treatment rule for

9 systems serving a population of more than

10 10,000 for microbial contaminants, including

11 cryptosporidium.

12 ‘‘(C) INFORMATION COLLECTION RULE.—

13 Not later than July 29, 1994, the Adminis14 trator shall, after notice and opportunity for

15 comment, promulgate an information collection

16 rule to obtain information that will facilitate

17 further revisions to the national primary drink18 ing water regulation for disinfectants and dis19 infection byproducts, including information on

20 microbial contaminants such as

21 cryptosporidium.

22 ‘‘(D) PROPOSED RULE.—Not later than

23 June 30, 1997, the Administrator shall propose

24 a long-term enhanced surface water treatment

25 rule for all public water systems (including any
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1 appropriate revisions to the interim regulations

2 for public water systems serving a population of

3 more than 10,000) promulgated pursuant to

4 subparagraph (B).

5 ‘‘(E) FINAL RULE.—Not later than De6 cember 31, 1998, the Administrator shall pro7 mulgate a long-term enhanced surface water

8 treatment rule for all public water systems (in9 cluding any appropriate revisions to the interim

10 regulations for public water systems serving a

11 population of more than 10,000) promulgated

12 pursuant to subparagraph (B).

13 ‘‘(F) STAGE II REGULATION.—Not later

14 than June 30, 2000, the Administrator shall,

15 after notice and opportunity for comment, pro16 mulgate a revised national primary drinking

17 water regulation for disinfectants and disinfec18 tion byproducts taking into account the infor19 mation collected under subparagraph (C). To

20 the extent practicable, the Administrator shall

21 develop the revised national primary drinking

22 water regulation through the negotiated rule23 making procedure provided for under sub24 chapter III of chapter 5 of title 5, United

25 States Code.’’.
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1 (b) FILTRATION TECHNOLOGY FOR SMALL SYS2 TEMS.—Section 1412(b)(7)(C) (42 U.S.C. 300g–

3 1(b)(7)(C) is amended by adding at the end the following

4 new clause:

5 ‘‘(v) FILTRATION TECHNOLOGY FOR

6 SMALL SYSTEMS.—At the same time as the

7 Administrator proposes a regulation pursu8 ant to paragraph (2)(A), the Administrator

9 shall propose a regulation that describes

10 treatment techniques that meet the re11 quirements for filtration pursuant to this

12 subparagraph and are feasible for commu13 nity water systems serving a population of

14 3,300 or less and noncommunity water

15 systems.’’.

16 (c) IDENTIFICATION OF CONTAMINANTS FOR LIST17 ING.—Paragraph (3) of section 1412(b) (42 U.S.C. 300g–

18 1(b)(3)) is amended to read as follows:

19 ‘‘(3) IDENTIFICATION OF CONTAMINANTS FOR

20 LISTING.—

21 ‘‘(A) GENERAL AUTHORITY.—The Admin22 istrator shall publish a maximum contaminant

23 level goal, and promulgate a national primary

24 drinking water regulation, for each contaminant

25 (other than a contaminant referred to in para-
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1 graph (1) or (2) for which a national primary

2 drinking water regulation has been promul3 gated) if, in the judgment of the Administrator,

4 the contaminant may have an adverse effect on

5 the health of persons and the contaminant is

6 known or anticipated to occur in public water

7 systems with a frequency and at levels of public

8 health concern.

9 ‘‘(B) CONTAMINANTS TO BE CONSID10 ERED.—

11 ‘‘(i) INITIAL LIST.—Not later than 3

12 years after the date of enactment of the

13 Safe Drinking Water Act Amendments of

14 1994, the Administrator shall publish a list

15 of not fewer than 15 contaminants that, in

16 the judgment of the Administrator (after

17 consultation with the Secretary of the De18 partment of Health and Human Services

19 acting through the Director of the Centers

20 for Disease Control and Prevention),

21 present the greatest public health concern,

22 based on available information with respect

23 to the adverse health effects associated

24 with the contaminants and the known or
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1 anticipated occurrence of the contaminants

2 in public water systems.

3 ‘‘(ii) SUBSEQUENT LISTS.—Not later

4 than 5 years after the date of publication

5 of the initial list under clause (i), and

6 every 5 years thereafter, the Administrator

7 shall publish a list of not fewer than 7 ad8 ditional contaminants meeting the criteria

9 set forth in clause (i).

10 ‘‘(iii) COMMENT.—The Administrator

11 shall seek comment on each of the lists re12 quired under clauses (i) and (ii) prior to

13 publication of each list from officials of

14 State and local governments, operators of

15 public water systems, the scientific commu16 nity, and the general public.

17 ‘‘(iv) LIST OF CONTAMINANTS.—Each

18 of the contaminants listed pursuant to

19 clause (ii) shall be on the list of contami20 nants established pursuant to section

21 1445(a)(2)(B).

22 ‘‘(v) PROPOSED WORK PLANS.—Pro23 posed work plans, including schedules and

24 milestones, for meeting the requirements of

25 subparagraphs (C), (D), and (E) shall be
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1 published at the time a list is published

2 under this subparagraph.

3 ‘‘(C) PROPOSED GOAL AND REGULA4 TION.—Not later than 18 months after the date

5 on which a contaminant has been listed pursu6 ant to subparagraph (B), the Administrator

7 shall publish a maximum contaminant level

8 goal, and propose a national primary drinking

9 water regulation, for the contaminant, if the

10 Administrator determines that—

11 ‘‘(i) appropriate, peer-reviewed, sci12 entific information and an assessment of

13 health risks, conducted in accordance with

14 sound scientific practices (considering ap15 plicable guidance from the National Acad16 emy of Sciences), have been considered;

17 ‘‘(ii) adequate data are available to

18 develop the regulation; and

19 ‘‘(iii) the contaminant meets the cri20 teria for regulation established in subpara21 graph (A).

22 A determination under this subparagraph shall

23 be a final agency action for purposes of section

24 1448.
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1 ‘‘(D) FINAL WORK PLAN FOR INFORMA2 TION.—Not later than 18 months after the date

3 on which a contaminant is listed pursuant to

4 subparagraph (B) and for each of the contami5 nants for which a national primary drinking

6 water regulation is not proposed pursuant to

7 subparagraph (C)(ii), the Administrator shall

8 publish a final work plan with respect to the

9 contaminant for collecting information and con10 ducting studies necessary for development of a

11 national primary drinking water regulation for

12 the contaminant.

13 ‘‘(E) PUBLICATION OF GOAL AND REGULA14 TION OR DETERMINATION.—After the comple15 tion of studies for a contaminant identified in

16 a work plan under subparagraph (D), but not

17 later than 5 years after a contaminant is first

18 listed under subparagraph (B), the Adminis19 trator shall publish—

20 ‘‘(i) a maximum contaminant level

21 goal and propose a national primary drink22 ing water regulation for the contaminant;

23 or
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1 ‘‘(ii) a determination that the con2 taminant does not meet the criteria for

3 regulation under subparagraph (A).

4 A determination under clause (ii) shall be a

5 final agency action for purposes of section

6 1448.

7 ‘‘(F) ISSUANCE OF REGULATIONS.—The

8 Administrator shall promulgate a national pri9 mary drinking water regulation for each con10 taminant for which a regulation is proposed

11 under this paragraph not later than 24 months

12 after the date on which the regulation is pro13 posed.

14 ‘‘(G) URGENT THREATS TO PUBLIC

15 HEALTH.—The Administrator may promulgate

16 a national primary drinking water regulation

17 for a contaminant using procedures other than

18 the procedures specified in subparagraphs (B)

19 through (F) to address an urgent threat to pub20 lic health.

21 ‘‘(H) MONITORING DATA AND OTHER IN22 FORMATION.—The Administrator may require,

23 in accordance with section 1445(a)(2), the sub24 mission of monitoring data and other informa25 tion necessary for the development of studies,
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1 work plans, or national primary drinking water

2 regulations.

3 ‘‘(I) NATIONAL DRINKING WATER OCCUR4 RENCE DATA BASE.—

5 ‘‘(i) IN GENERAL.—Not later than 3

6 years after the date of enactment of the

7 Safe Drinking Water Act Amendments of

8 1994, the Administrator shall assemble

9 and maintain a national drinking water oc10 currence data base, using information on

11 the occurrence of both regulated and un12 regulated contaminants in public water

13 systems obtained under section 1445(a)

14 and information from other public and pri15 vate sources.

16 ‘‘(ii) USE.—The data shall be used by

17 the Administrator in making determina18 tions under this section with respect to the

19 occurrence of a contaminant in drinking

20 water at a level of public health concern.

21 ‘‘(iii) PUBLIC RECOMMENDATIONS.—

22 The Administrator shall periodically solicit

23 recommendations from the appropriate of24 ficials of the National Academy of

25 Sciences, and any person may submit rec-
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1 ommendations to the Administrator, with

2 respect to contaminants that should be in3 cluded in the national drinking water oc4 currence data base, including recommenda5 tions with respect to additional unregu6 lated contaminants that should be listed

7 under section 1445(a)(2).

8 ‘‘(iv) PUBLIC AVAILABILITY.—The in9 formation from the data base shall be

10 available to the public in readily accessible

11 form.

12 ‘‘(v) REGULATED CONTAMINANTS.—

13 With respect to each contaminant for

14 which a national primary drinking water

15 regulation has been established, the data

16 base shall include information on the de17 tection of the contaminant at a quantifi18 able level in public water systems (includ19 ing detection of the contaminant at levels

20 not constituting a violation of the maxi21 mum contaminant level for the contami22 nant).

23 ‘‘(vi) UNREGULATED CONTAMI24 NANTS.—With respect to contaminants for

25 which a national primary drinking water
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1 regulation has not been established, the

2 data base shall include—

3 ‘‘(I) monitoring information col4 lected by public water systems that

5 serve a population of more than

6 10,000, as required by the Adminis7 trator under section 1445;

8 ‘‘(II) monitoring information col9 lected by the States from a represent10 ative sampling of public water systems

11 that serve a population of 10,000 or

12 less; and

13 ‘‘(III) other appropriate monitor14 ing information on the occurrence of

15 the contaminants in public water sys16 tems that is available to the Adminis17 trator.

18 ‘‘(J) PRIOR REQUIREMENTS.—The require19 ments of subparagraph (C) of this paragraph

20 (as it existed before the amendment made by

21 section 4(b) of the Safe Drinking Water Act

22 Amendments of 1994), and any obligations to

23 promulgate regulations not promulgated as of

24 the date of enactment of such Act, are super25 seded by this paragraph and paragraph (2).’’.
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1 (d) GOALS AND STANDARDS.—Section 1412(b)(4)

2 (42 U.S.C. 300g–1(b)(4)) is amended—

3 (1) by striking ‘‘(4) Each maximum’’ and in4 serting the following:

5 ‘‘(4) GOALS AND STANDARDS.—

6 ‘‘(A) IN GENERAL.—Each maximum’’; and

7 (2) by adding at the end the following new sub8 paragraphs:

9 ‘‘(B) HEALTH RISK REDUCTION AND

10 COST.—At the time a maximum contaminant

11 level is proposed, the Administrator shall pub12 lish and seek public comment on, and consider

13 for the purposes of subparagraph (C), an analy14 sis of—

15 ‘‘(i) the health risk reduction benefits

16 that are likely to occur as the result of

17 treatment to comply with the maximum

18 contaminant level;

19 ‘‘(ii) the costs that will be experienced

20 as a result of compliance with the maxi21 mum contaminant level, including monitor22 ing, treatment, and other costs;

23 ‘‘(iii) any potential increased health

24 risk that may occur as a result of compli-
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1 ance with the maximum contaminant level;

2 and

3 ‘‘(iv) the effects of the contaminant

4 upon subpopulations that are identified as

5 being at greater risk for adverse health ef6 fects in the research and evidence de7 scribed in section 1442(j).

8 ‘‘(C) ADDITIONAL AUTHORITY.—

9 ‘‘(i) Notwithstanding subparagraph

10 (A), the Administrator may establish a

11 maximum contaminant level that is less

12 stringent than is feasible (as determined

13 under paragraph (5)), if the Administrator

14 determines that the less stringent level will

15 result in compliance costs that are sub16 stantially less than costs that would be ex17 perienced by public water systems to com18 ply with the level that is feasible and that

19 the less stringent level will—

20 ‘‘(I) for any contaminant that is

21 regulated on the basis of the carcino22 genic effects of the contaminant, not

23 result in a significant increase in indi24 vidual lifetime cancer risks from con25 centrations of the contaminant in
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1 drinking water relative to the feasible

2 level; or

3 ‘‘(II) for any contaminant that is

4 regulated on the basis of a health ef5 fect other than a carcinogenic effect,

6 ensure a reasonable certainty of no

7 harm.

8 ‘‘(ii) For contaminants that are regu9 lated on the basis of health effects other

10 than carcinogenic effects, the Adminis11 trator shall use the authority provided in

12 this subparagraph only after the Adminis13 trator publishes in the Federal Register

14 guidelines establishing sound scientific

15 practices for the implementation of the au16 thority with respect to the contaminant.

17 The Administrator may publish guidelines

18 pursuant to this clause only after the Na19 tional Academy of Sciences has completed

20 a study and made recommendations con21 cerning the scientific information, methods,

22 and practices that would be necessary to

23 support the implementation of clause

24 (i)(II) and ensure that decisions by the Ad25 ministrator pursuant to clause (i)(II) are
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1 based on appropriate, peer-reviewed, sci2 entific information and sound scientific

3 practices. The study by the National Acad4 emy of Sciences shall be completed as ex5 peditiously as practicable.

6 ‘‘(D) CONSIDERATION OF OTHER HEALTH

7 EFFECTS.—

8 ‘‘(i) Notwithstanding the provisions of

9 subparagraph (A), the Administrator may

10 establish a maximum contaminant level for

11 a contaminant at a level that is less strin12 gent than is feasible if the technology,

13 treatment techniques, and other means

14 used to determine the feasible level would

15 result in an increase in the overall health

16 risk from drinking water by—

17 ‘‘(I) increasing the concentration

18 of other contaminants in drinking

19 water; or

20 ‘‘(II) interfering with the efficacy

21 of drinking water treatment tech22 niques or processes that are used to

23 comply with other national primary

24 drinking water regulations.
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1 ‘‘(ii) If the Administrator establishes

2 a maximum contaminant level for any con3 taminant pursuant to the authority of this

4 subparagraph, the level shall minimize the

5 overall risk of adverse health effects, in6 cluding the risk from the contaminant and

7 the risk from other contaminants the con8 centrations of which may be affected by

9 the use of treatment techniques and proc10 esses that would be employed to attain the

11 maximum contaminant level.’’.

12 (e) MONITORING FOR UNREGULATED CONTAMI13 NANTS.—Section 1445(a) (42 U.S.C. 300j–4(a)) is

14 amended by striking paragraphs (2) through (8) and in15 serting the following new paragraphs:

16 ‘‘(2) MONITORING PROGRAM FOR UNREGU17 LATED CONTAMINANTS.—

18 ‘‘(A) ESTABLISHMENT.—The Adminis19 trator shall promulgate regulations establishing

20 the criteria for a monitoring program for un21 regulated contaminants. The regulations shall

22 require monitoring of drinking water supplied

23 by public water systems and shall vary the fre24 quency and schedule for monitoring require25 ments for systems based on the number of per-
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1 sons served by the system, the source of supply,

2 and the contaminants likely to be found.

3 ‘‘(B) MONITORING PROGRAM FOR CERTAIN

4 UNREGULATED CONTAMINANTS.—

5 ‘‘(i) IN GENERAL.—Not later than 3

6 years after the date of enactment of the

7 Safe Drinking Water Amendments of

8 1994, and every 5 years thereafter, the

9 Administrator shall issue a list pursuant to

10 subparagraph (A) of not more than 30 un11 regulated contaminants to be monitored by

12 public water systems and to be included in

13 the national drinking water data base

14 maintained pursuant to section

15 1412(b)(3)(I).

16 ‘‘(ii) GOVERNORS’ PETITION.—The

17 Administrator shall include among the list

18 of contaminants for which monitoring is

19 required under section 1445(a)(2) each

20 contaminant recommended in a petition

21 signed by the Governor of each of 7 or

22 more States, unless the Administrator de23 termines that the action would prevent the

24 listing of other contaminants of a higher

25 public health concern.
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1 ‘‘(C) MONITORING BY LARGE SYSTEMS.—A

2 public water system that serves a population of

3 more than 10,000 shall conduct monitoring for

4 all contaminants listed under subparagraph

5 (B).

6 ‘‘(D) MONITORING PLAN FOR SMALL AND

7 MEDIUM SYSTEMS.—Based on the regulations

8 promulgated by the Administrator, each State

9 shall develop a representative monitoring plan

10 to assess the occurrence of unregulated con11 taminants in public water systems that serves a

12 population of 10,000 or less. The plan shall re13 quire monitoring for systems representative of

14 different sizes, types, and geographic locations

15 within the State.

16 ‘‘(E) MONITORING RESULTS.—Each public

17 water system that conducts monitoring of un18 regulated contaminants pursuant to this para19 graph shall provide the results of the monitor20 ing to the primary enforcement authority for

21 the system.

22 ‘‘(F) WAIVER OF MONITORING REQUIRE23 MENT.—The Administrator may waive the re24 quirement for monitoring for a contaminant

25 under this paragraph in a State, if the State
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1 demonstrates that the criteria for listing the

2 contaminant do not apply in that State.

3 ‘‘(3) AUTHORIZATION OF APPROPRIATIONS.—

4 There are authorized to be appropriated to carry out

5 this subsection $15,000,000 for each of fiscal years

6 1995 through 2000.’’.

7 (f) DRINKING WATER STANDARD REVIEW AND COM8 PLIANCE PERIODS.—

9 (1) REVIEW PERIOD.—The first and second

10 sentences of section 1412(b)(9) (42 U.S.C. 300g–

11 1(b)(9)) are each amended by striking ‘‘3’’ each

12 place it appears and inserting ‘‘6’’.

13 (2) COMPLIANCE PERIOD.—Paragraph (10) of

14 section 1412(b) (42 U.S.C. 300g–1(b)(10)) is

15 amended to read as follows:

16 ‘‘(10) COMPLIANCE PERIOD.—A national pri17 mary drinking water regulation promulgated under

18 this section shall take effect on the date that is 3

19 years after the date on which the regulation is pro20 mulgated unless the Administrator determines that

21 an earlier date is practicable, except that the Admin22 istrator or, a State in the case of an individual sys23 tem, may allow up to 2 additional years to comply

24 with a maximum contaminant level or treatment

25 technique if the Administrator or State determines
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1 that additional time is necessary for capital improve2 ments.’’.

3 (3) EXEMPTIONS.—Section 1416 (42 U.S.C.

4 300g–5) is amended—

5 (A) in subsection (a)(1)—

6 (i) by inserting after ‘‘(which may in7 clude economic factors’’ the following: ‘‘,

8 including qualification of the public water

9 system as a ‘disadvantaged community’

10 pursuant to section 1473(e)(1)’’; and

11 (ii) by inserting after ‘‘treatment tech12 nique requirement,’’ the following: ‘‘or to

13 implement measures to develop an alter14 native source of water supply or restruc15 ture or consolidate the system,’’; and

16 (B) in subsection (b)—

17 (i) in the first sentence of paragraph

18 (1)—

19 (I) by inserting after ‘‘(A)’’ the

20 following: ‘‘(i)’’;

21 (II) by striking ‘‘(B)’’ and insert22 ing ‘‘(ii)’’;

23 (III) by striking the period at the

24 end of the sentence and inserting ‘‘;

25 or’’; and
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1 (IV) by inserting after subpara2 graph (A) (as amended by subclauses

3 (I), (II), and (III)) the following new

4 subparagraph:

5 ‘‘(B) implementation by the public water system

6 of measures needed to ensure compliance with the

7 requirements of this title, including development of

8 an alternative source of water supply or restructur9 ing or consolidation of the system.’’; and

10 (ii) in paragraph (2)—

11 (I) by striking ‘‘(except as pro12 vided in subparagraph (B))’’ in sub13 paragraph (A) and all that follows

14 through ‘‘3 years after the date of the

15 issuance of the exemption if’’ in sub16 paragraph (B) and inserting the fol17 lowing: ‘‘not later than 3 years after

18 the otherwise applicable compliance

19 date established in section

20 1412(b)(10).

21 ‘‘(B) No exemption shall be granted unless’’;

22 (II) in subparagraph (B)(i), by

23 striking ‘‘within the period of such ex24 emption’’ and inserting ‘‘prior to the
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1 date established pursuant to section

2 1412(b)(10)’’;

3 (III) in subparagraph (B)(ii), by

4 inserting after ‘‘such financial assist5 ance’’ the following: ‘‘or assistance

6 pursuant to part G or any other Fed7 eral or State program is reasonably

8 likely to be available within the period

9 of the exemption’’;

10 (IV) in subparagraph (C)—

11 (aa) by striking ‘‘500 service

12 connections’’ and inserting ‘‘a

13 population of 3,300’’; and

14 (bb) by striking ‘‘for one or

15 more additional 2-year periods’’

16 and inserting ‘‘for one additional

17 2-year period’’; and

18 (V) by adding at the end the fol19 lowing new subparagraph:

20 ‘‘(D) VARIANCES.—A public water system

21 may not receive an exemption under this section

22 if the system was granted a variance under sec23 tion 1415(e).’’.

24 (g) MONITORING REQUIREMENTS.—
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1 (1) ALTERNATIVE MONITORING PROGRAM.—

2 Section 1445(a)(1) (42 U.S.C. 300j–4(a)(1)) is

3 amended—

4 (A) by designating the first and second

5 sentences as subparagraphs (A) and (B), re6 spectively; and

7 (B) by adding at the end the following new

8 subparagraphs:

9 ‘‘(C) REVIEW.—The Administrator shall—

10 ‘‘(i) not later than 1 year after the

11 date of enactment of this subparagraph,

12 after consultation with public health ex13 perts, representatives of the general public,

14 and officials of State and local govern15 ments, review the monitoring requirements

16 for not less than 12 contaminants identi17 fied by the Administrator; and

18 ‘‘(ii) not later than 1 year after the

19 review, promulgate any necessary modifica20 tions.

21 ‘‘(D) STATE-ESTABLISHED REQUIRE22 MENTS.—

23 ‘‘(i) IN GENERAL.—Each State with

24 primary enforcement responsibility may

25 submit an application to the Administrator
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1 to establish for any national drinking

2 water regulation, other than a regulation

3 applicable to a microbial contaminant (or

4 indicator of a microbial contaminant),

5 monitoring requirements applicable to pub6 lic water systems identified by the State, in

7 lieu of the monitoring requirements con8 tained in the regulation, if the monitoring

9 requirements established by the State—

10 ‘‘(I) are based on occurrence

11 data and other relevant characteristics

12 of the contaminant or the systems

13 subject to the requirements; and

14 ‘‘(II) include monitoring fre15 quencies for public water systems in

16 which a contaminant has been de17 tected at a quantifiable level no less

18 frequent than required in the national

19 primary drinking water regulation for

20 the contaminant for a period of 5

21 years after the detection.

22 ‘‘(ii) COMPLIANCE AND ENFORCE23 MENT.—The monitoring requirement es24 tablished by the State shall be adequate to

25 ensure compliance with, and enforcement
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1 of, each national primary drinking water

2 regulation.

3 ‘‘(iii) APPROVAL.—The Administrator

4 shall review an application submitted by a

5 State pursuant to this subparagraph and

6 approve the application, in whole or in

7 part, if the application meets the require8 ments of this subparagraph. If the Admin9 istrator has not acted pursuant to this

10 clause within 180 days after submission of

11 the application, the application shall be

12 deemed to be approved. If the Adminis13 trator disapproves an application, or a part

14 of an application, the Administrator shall

15 provide to the State a description of the

16 changes needed for the program to be ap17 proved. A monitoring program approved

18 pursuant to this clause shall be approved

19 for a period of 3 years and each subse20 quent approval shall be for a period of 5

21 years.

22 ‘‘(iv) OTHER STATES.—The Governor

23 of any State that does not have primary

24 enforcement responsibility under section

25 1413 on the date of enactment of this
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1 clause may submit to the Administrator a

2 request that the Administrator modify the

3 monitoring requirements established by the

4 Administrator and applicable to public

5 water systems in that State, and the Ad6 ministrator shall modify the requirements

7 for public water systems in that State if

8 the request of the Governor is in accord9 ance with each of the requirements of this

10 subparagraph that apply to applications

11 from States that have primary enforcement

12 responsibility. A decision by the Adminis13 trator to approve a request under this

14 clause shall be for a period of 3 years and

15 may subsequently be extended for periods

16 of 5 years.’’.

17 (2) SMALL SYSTEM MONITORING.—Section

18 1445(a)(1) (42 U.S.C. 300j–4(a)(1)) (as amended

19 by paragraph (1)(B)) is further amended by adding

20 at the end the following new subparagraph:

21 ‘‘(E) SMALL SYSTEM MONITORING.—With

22 respect to monitoring requirements for contami23 nants regulated on the basis of the carcinogenic

24 effects of the contaminants, the Administrator

25 or a State that has primary enforcement re-
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1 sponsibility pursuant to section 1413(a) may

2 modify the requirements to provide that any

3 public water system that serves a population of

4 10,000 or less shall not be required to conduct

5 additional quarterly monitoring during any 3-

6 year period for a specific contaminant if mon7 itoring conducted at the beginning of the period

8 for the contaminant fails to detect the presence

9 of the contaminant in the water supplied by the

10 public water system, and the State determines

11 that the contaminant is unlikely to be detected

12 by further monitoring in the period.’’.

13 SEC. 5. SMALL SYSTEMS PROGRAMS.

14 (a) SMALL SYSTEM VARIANCES.—

15 (1) IN GENERAL.—Section 1415 (42 U.S.C.

16 300g–4) is amended by adding at the end the follow17 ing new subsection:

18 ‘‘(e) SMALL SYSTEM VARIANCES.—

19 ‘‘(1) IN GENERAL.—The Administrator, or a

20 State with primary enforcement responsibility for

21 public water systems under section 1413, may grant

22 to a public water system serving a population of

23 10,000 or less (referred to in this subsection as a

24 ‘small system’) a variance under this subsection for

25 compliance with a requirement specifying a maxi-
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1 mum contaminant level or treatment technique con2 tained in a national primary drinking water regula3 tion, if the variance meets all the requirements of

4 this subsection.

5 ‘‘(2) AVAILABILITY OF VARIANCES.—A small

6 system may receive a variance under this subsection

7 if the system installs, operates, and maintains, in ac8 cordance with guidance or regulations issued by the

9 Administrator, treatment technology that is feasible

10 for small systems as determined by the Adminis11 trator pursuant to section 1412(b)(12).

12 ‘‘(3) CONDITIONS FOR GRANTING VARIANCES.—

13 A variance under this subsection shall be available

14 only to a system—

15 ‘‘(A) that cannot afford to comply, in ac16 cordance with affordability criteria established

17 by the State (or the Administrator for State

18 that does not have primary enforcement respon19 sibility under section 1413), with a national pri20 mary drinking water regulation, including com21 pliance through treatment, alternative source

22 water supply, or restructuring, including con23 solidation; and

24 ‘‘(B) for which the Administrator or, if the

25 State has primary enforcement responsibility
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1 under section 1413, the State determines that

2 the terms of the variance ensure adequate pro3 tection of human health, considering the quality

4 of the source water for the system and the re5 moval efficiencies and expected useful life of the

6 treatment technology required by the variance.

7 ‘‘(4) APPLICATIONS.—An application for a vari8 ance for a national primary drinking water regula9 tion under this subsection shall be submitted to the

10 Administrator or the State not later than the date

11 that is the later of—

12 ‘‘(A) 3 years after the date of enactment

13 of this subsection; or

14 ‘‘(B) 1 year after the compliance date of

15 the national primary drinking water regulation

16 as established under section 1412(b)(10) for

17 which a variance is requested.

18 ‘‘(5) VARIANCE REVIEW AND DECISION.—

19 ‘‘(A) TIMETABLE.—The Administrator or

20 the State shall grant or deny a variance not

21 later than 1 year after the application deadlines

22 established in paragraph (4).

23 ‘‘(B) PENALTY MORATORIUM.—Each pub24 lic water system that submits a timely applica25 tion for a variance under this subsection shall
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1 not be subject to a penalty in an enforcement

2 action under section 1414 for a violation of a

3 maximum contaminant level or treatment tech4 nique in the national primary drinking water

5 regulation with respect to which the variance

6 application was submitted prior to the date of

7 a decision to grant or deny the variance.

8 ‘‘(6) COMPLIANCE SCHEDULES.—

9 ‘‘(A) VARIANCES.—A variance granted

10 under this subsection shall require compliance

11 with the conditions of the variance not later

12 than 3 years after the date on which the vari13 ance is granted, except that the State may

14 allow up to 2 additional years to comply with

15 a treatment technique if the State determines

16 that additional time is necessary for capital im17 provements, or to allow for financial assistance

18 provided pursuant to part G or any other Fed19 eral or State program.

20 ‘‘(B) DENIED APPLICATIONS.—If the Ad21 ministrator or a State denies a variance appli22 cation under this subsection, the public water

23 system shall be in compliance with the require24 ments of the national primary drinking water

25 regulation for which the variance was requested
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1 not later than 4 years after the date on which

2 the national primary drinking water regulation

3 was promulgated.

4 ‘‘(7) DURATION OF VARIANCES.—

5 ‘‘(A) IN GENERAL.—A State shall review

6 each variance granted under this subsection not

7 less often than every 5 years after the compli8 ance date established in the variance to deter9 mine whether the system remains eligible for

10 the variance and is conforming to all conditions

11 of the variance.

12 ‘‘(B) REVOCATION OF VARIANCES.—The

13 Administrator or, if the State has primary en14 forcement responsibility under section 1413, the

15 State shall revoke a variance in effect under

16 this subsection if the Administrator or the

17 State determines that—

18 ‘‘(i) the system is no longer eligible

19 for a variance;

20 ‘‘(ii) the system has failed to comply

21 with any term or condition of the variance,

22 other than a reporting or monitoring re23 quirement; or

24 ‘‘(iii) the terms of the variance do not

25 ensure adequate protection of human
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1 health, considering the quality of source

2 water available to the system and the re3 moval efficiencies and expected useful life

4 of the treatment technology required by

5 the variance.

6 ‘‘(8) INELIGIBILITY FOR VARIANCES.—A vari7 ance shall not be available under this subsection

8 for—

9 ‘‘(A) any maximum contaminant level or

10 treatment technique for a contaminant with re11 spect to which a national primary drinking

12 water regulation was promulgated prior to Jan13 uary 1, 1986; or

14 ‘‘(B) a national primary drinking water

15 regulation for a microbial contaminant (includ16 ing a bacterium, virus, or other organism) or an

17 indicator or treatment technique for a microbial

18 contaminant.

19 ‘‘(9) REGULATIONS AND GUIDANCE.—

20 ‘‘(A) IN GENERAL.—Not later than 2 years

21 after the date of enactment of this subsection,

22 the Administrator shall promulgate regulations

23 for variances to be granted under this sub24 section. The regulations shall, at a minimum,

25 specify—
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1 ‘‘(i) procedures to be used by the Ad2 ministrator or a State to grant or deny

3 variances, including requirements for noti4 fying the Administrator and consumers of

5 the public water system applying for a

6 variance and requirements for a public

7 hearing on the variance before the variance

8 is granted;

9 ‘‘(ii) requirements for the installation

10 and proper operation of treatment tech11 nology that is feasible for small systems;

12 ‘‘(iii) eligibility criteria for a variance

13 for each national primary drinking water

14 regulation, including requirements for the

15 quality of the source water (pursuant to

16 section 1412(b)(12)(A)) and the financial

17 and technical capability to operate the

18 treatment system, including operator train19 ing and certification; and

20 ‘‘(iv) information requirements for

21 variance applications.

22 ‘‘(B) AFFORDABILITY CRITERIA.—Not

23 later than 18 months after the date of enact24 ment of the Safe Drinking Water Act Amend25 ments of 1994, the Administrator, in consulta-
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1 tion with the States, shall publish information

2 to assist the States in developing affordability

3 criteria. The affordability criteria shall be re4 viewed by the States not less often than every

5 5 years to determine if changes are needed to

6 the criteria.

7 ‘‘(10) REVIEW BY THE ADMINISTRATOR.—

8 ‘‘(A) IN GENERAL.—The Administrator

9 shall periodically review State decisions with re10 spect to variances to determine whether the

11 variances granted by the State comply with the

12 requirements of this subsection and the regula13 tions promulgated by the Administrator. With

14 respect to affordability, the determination of

15 the Administrator shall be limited to whether

16 the variances granted by the State comply with

17 the affordability criteria developed by the State.

18 ‘‘(B) OBJECTIONS TO VARIANCES.—

19 ‘‘(i) BY THE ADMINISTRATOR.—If any

20 variance proposed to be granted by a State

21 contains provisions that are determined by

22 the Administrator as not in compliance

23 with this subsection (including the require24 ment that a variance not be granted to a

25 system that can comply with the national
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1 primary drinking water regulations

2 through treatment, an alternative source of

3 water supply, or restructuring) and the

4 regulations promulgated by the Adminis5 trator pursuant to paragraph (9), the Ad6 ministrator shall object to the granting of

7 the variance. The State shall respond in

8 writing to each objection of the Adminis9 trator. The State shall not grant the vari10 ance until the objections of the Adminis11 trator have been resolved.

12 ‘‘(ii) PETITION BY CONSUMERS.—If

13 the Administrator does not object to the

14 granting of a variance, any person served

15 by the system may petition the Adminis16 trator to object to the granting of a vari17 ance. The Administrator shall respond to

18 the petition not later than 90 days after

19 the receipt of the petition. The State shall

20 not grant the variance during the 90-day

21 period. The petition shall be based on com22 ments made by the petitioner during public

23 review of the variance by the State.

24 ‘‘(C) NOTICE AND PUBLICATION.—If the

25 Administrator determines that variances grant-
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1 ed by a State are not in full compliance with af2 fordability criteria developed by the State and

3 the regulations promulgated by the Adminis4 trator pursuant to paragraph (9), the Adminis5 trator shall notify the State in writing of the

6 deficiencies and make public the determina7 tion.’’.

8 (2) SMALL SYSTEM TREATMENT TECH9 NOLOGIES.—Section 1412(b) (42 U.S.C. 300g–1(b))

10 is amended by adding at the end the following new

11 paragraph:

12 ‘‘(12) SMALL SYSTEM TREATMENT TECH13 NOLOGIES.—

14 ‘‘(A) IN GENERAL.—At the same time as

15 the Administrator promulgates a national pri16 mary drinking water regulation pursuant to this

17 section, the Administrator shall issue guidance

18 or regulations describing a treatment tech19 nology (or technologies) for the contaminant

20 that is the subject of the regulation that is fea21 sible (as defined in paragraph (5)) for public

22 water systems serving a population of 10,000 or

23 less. The Administrator may classify systems by

24 the size of the population served and describe a

25 technology or technologies that are appropriate
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1 for systems in each class. The guidance or reg2 ulations shall identify the effectiveness of the

3 technology, the cost of the technology, and

4 other factors related to the use of the tech5 nology, including requirements for the quality

6 of source water to ensure adequate protection

7 of human health, considering removal effi8 ciencies of the technology, and installation, and

9 operation and maintenance requirements, for

10 the technology. The Administrator shall not

11 issue guidance or regulations for a technology

12 under this paragraph unless the technology ade13 quately protects human health, considering the

14 expected useful life of the technology and the

15 source waters available to systems for which the

16 technology is considered feasible.

17 ‘‘(B) REGULATIONS AND GUIDANCE.—Not

18 later than 2 years after the date of enactment

19 of this paragraph, the Administrator shall issue

20 guidance or regulations under subparagraph

21 (A) for each national primary drinking water

22 regulation promulgated prior to the date of en23 actment of this paragraph for which a variance

24 may be granted under section 1415(e). The Ad25 ministrator may, at any time after a national
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1 primary drinking water regulation has been

2 promulgated, issue guidance or regulations de3 scribing additional treatment technologies that

4 meet the requirements of subparagraph (A) for

5 public water systems serving a population of

6 3,300 or less that are subject to the regula7 tion.’’.

8 (3) AVAILABILITY OF INFORMATION ON SMALL

9 SYSTEM TECHNOLOGIES.—Section 1445 (42 U.S.C.

10 300j–4) is amended by adding at the end the follow11 ing new subsection:

12 ‘‘(g) AVAILABILITY OF INFORMATION ON SMALL SYS13 TEM TECHNOLOGIES.—For purposes of section

14 1412(b)(12), the Administrator may request information

15 on the characteristics of commercially available treatment

16 systems and technologies, including the effectiveness and

17 performance of the systems and technologies under var18 ious operating conditions. The Administrator may specify

19 the form, content, and date by which information shall be

20 submitted by manufacturers, States, and other interested

21 persons for the purpose of considering the systems and

22 technologies in the development of regulations or guidance

23 under section 1412(b)(12).’’.
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1 (b) VIABILITY OF PUBLIC WATER SYSTEMS.—Part

2 B (42 U.S.C. 300g et seq.) is amended by adding at the

3 end the following new section:

4 ‘‘STATE VIABILITY PROGRAMS

5 ‘‘SEC. 1418. (a) IN GENERAL.—Each State shall

6 adopt a State Drinking Water System Viability Program

7 (referred to in this section as the ‘State Viability Pro8 gram’) to ensure the capability of public water systems

9 in the State to comply with the requirements of this title.

10 ‘‘(b) PROGRAM ELEMENTS.—A State Viability Pro11 gram complies with this section if it includes—

12 ‘‘(1) the legal authority to ensure that all new

13 public water systems commencing operation after

14 October 1, 1997, have the managerial, technical, and

15 financial capability to comply with national primary

16 drinking water regulations and other requirements

17 of this title; and

18 ‘‘(2) a program to secure the voluntary restruc19 turing (including physical consolidation) of existing

20 systems that are in violation of a national primary

21 drinking water regulation or other requirement of

22 this title and that lack the managerial, technical, or

23 financial capability to comply with the regulation or

24 requirement.

25 ‘‘(c) SUBMISSION AND APPROVAL OF PROGRAMS.—
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1 ‘‘(1) SUBMISSION.—Not later than 36 months

2 after the date of enactment of this section, each

3 State shall submit to the Administrator a proposal

4 for a State Viability Program that meets the re5 quirements of this section.

6 ‘‘(2) APPROVAL OR DISAPPROVAL.—The Ad7 ministrator shall approve or disapprove each State

8 Viability Program not later than 180 days after re9 ceipt of the Program. If the Administrator dis10 approves a Program, the Administrator shall notify

11 the State of the reasons for disapproval in writing

12 and the State may resubmit the Program as modi13 fied to resolve the objections of the Administrator.

14 ‘‘(3) WITHDRAWAL OF APPROVAL.—The Ad15 ministrator may, after notifying a State, withdraw

16 approval of a State Viability Program, if the State

17 fails to carry out the Program as provided in this

18 section.

19 ‘‘(d) PENALTY MORATORIUM.—A public water sys20 tem in violation of a requirement specifying a maximum

21 contaminant level or treatment technique that seeks as22 sistance from a State for restructuring, including physical

23 consolidation, shall not be subject to a penalty in an en24 forcement action under section 1414 for a violation of the

25 requirement for a period of 3 years, if the system is meet-
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1 ing the terms and conditions of a State restructuring

2 order. The extension described in the preceding sentence

3 shall not apply to a system that applies for assistance after

4 the date that is 4 years after the date of enactment of

5 this section.

6 ‘‘(e) SYSTEMS IN COMPLIANCE.—Nothing in this sec7 tion requires a State to prohibit the operation of a public

8 water system that is in compliance with national primary

9 drinking water regulations and other requirements of this

10 title.

11 ‘‘(f) EPA GUIDANCE.—Not later than 2 years after

12 the date of enactment of this section, the Administrator

13 shall, after consultation with officials of State and local

14 governments, publish guidance for use by the States—

15 (1) identifying the factors contributing to

16 nonviability of public water systems; and

17 (2) identifying technical, managerial, financial,

18 and other options to address the factors, including

19 options that have been successfully employed by

20 States.

21 ‘‘(g) EPA SURVEY.—Not later than 2 years after the

22 date of enactment of this section, the Administrator shall

23 conduct a survey of public water systems to identify public

24 water systems that are likely to be nonviable based on the

25 requirements of law and factors contributing to
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1 nonviability, including the economic circumstances of the

2 community. The results of the survey shall be published

3 with the guidance prepared by the Administrator pursuant

4 to subsection (f).’’.

5 (c) SMALL WATER SYSTEMS TECHNOLOGY CEN6 TERS.—Section 1442 (42 U.S.C. 300j–1) is amended by

7 adding at the end the following new subsection:

8 ‘‘(h) SMALL PUBLIC WATER SYSTEMS TECHNOLOGY

9 ASSISTANCE CENTERS.—

10 ‘‘(1) GRANT PROGRAM.—The Administrator

11 shall make grants to institutions of higher learning

12 to establish and operate not fewer than 5 small pub13 lic water system technology assistance centers in the

14 United States.

15 ‘‘(2) RESPONSIBILITIES OF THE CENTERS.—

16 The responsibilities of the small public water system

17 technology assistance centers established under this

18 subsection shall include the conduct of research,

19 training, and technical assistance relating to the in20 formation, performance, and technical needs of small

21 public water systems or public water systems that

22 serve Indian tribes.

23 ‘‘(3) APPLICATIONS.—Any institution of higher

24 learning interested in receiving a grant under this

25 subsection shall submit to the Administrator an ap-
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1 plication in such form and containing such informa2 tion as the Administrator may require by regulation.

3 ‘‘(4) SELECTION CRITERIA.—The Administrator

4 shall select recipients of grants under this subsection

5 on the basis of the following criteria:

6 ‘‘(A) The small public water system tech7 nology assistance center shall be located in a

8 State that is representative of the needs of the

9 region in which the State is located for address10 ing the drinking water needs of rural small

11 communities or Indian tribes.

12 ‘‘(B) The grant recipient shall be located

13 in a region that has experienced problems with

14 rural water supplies.

15 ‘‘(C) There is available to the grant recipi16 ent for carrying out this subsection dem17 onstrated expertise in water resources research,

18 technical assistance, and training.

19 ‘‘(D) The grant recipient shall have the ca20 pability to provide leadership in making na21 tional and regional contributions to the solution

22 of both long-range and intermediate rural water

23 system technology management problems.

24 ‘‘(E) The grant recipient shall have a dem25 onstrated interdisciplinary capability with ex-
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1 pertise in small public water system technology

2 management and research.

3 ‘‘(F) The grant recipient shall have a dem4 onstrated capability to disseminate the results

5 of small public water system technology re6 search and training programs through an inter7 disciplinary continuing education program.

8 ‘‘(G) The projects that the grant recipient

9 proposes to carry out under the grant are nec10 essary and appropriate.

11 ‘‘(H) The grant recipient has regional sup12 port beyond the host institution.

13 ‘‘(I) For purposes of this subsection, the

14 State of Alaska shall be considered a region.

15 ‘‘(5) CONSORTIA OF STATES.—At least 2 of the

16 grants shall be made to consortia of States with low

17 population densities. As used in this paragraph, the

18 term ‘consortia of States with low population den19 sities’ means a consortia of States, each State of

20 which has an average population density of less than

21 12.3 persons per square mile, based on data for

22 1993 from the Bureau of the Census.’’.

23 (d) Section 1412(b)(6) (42 U.S.C. 300g–1(b)(6)) is

24 amended by adding at the end thereof the following: ‘‘The

25 Administrator shall include in the list any technology,
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1 treatment technique or other means that is feasible for

2 small public water systems and that achieves compliance

3 with the maximum contaminant level, including (A)

4 packaged or modular systems; and (B) point of entry

5 treatment units that are controlled by the public water

6 system to ensure proper operation and maintenance and

7 compliance with the maximum contaminant level and

8 equipped with mechanical warnings to ensure that cus9 tomers are automatically notified of operational prob10 lems.’’.

11 SEC. 6. ENFORCEMENT OF DRINKING WATER REGULA12 TIONS.

13 (a) IN GENERAL.—Section 1414 (42 U.S.C. 300g–

14 3) is amended to read as follows:

15 ‘‘ENFORCEMENT OF DRINKING WATER REGULATIONS

16 ‘‘SEC. 1414. (a) CIVIL ENFORCEMENT AUTHOR17 ITY.—If, on the basis of information available to the Ad18 ministrator, the Administrator finds that a person has vio19 lated an applicable requirement and the State with pri20 mary enforcement responsibility for the requirement has

21 not commenced or is not diligently prosecuting an enforce22 ment action to require compliance with the requirement,

23 the Administrator shall notify the person and the State

24 of the finding and shall issue an order pursuant to sub25 section (b) requiring the person to comply with the re26 quirement or shall initiate an action for the assessment
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1 of an administrative penalty pursuant to subsection (c),

2 or both, or shall initiate a civil action pursuant to sub3 section (e).

4 ‘‘(b) ADMINISTRATIVE COMPLIANCE ORDERS.—If

5 the Administrator finds that a person has violated an ap6 plicable requirement, the Administrator may issue a com7 pliance order. A compliance order shall be served by per8 sonal service, state with reasonable specificity the nature

9 of the violation, and specify a reasonable time for compli10 ance that takes into account the nature of the violation.

11 If an administrative compliance order is issued to a cor12 poration, a copy of the compliance order shall be served

13 on any appropriate corporate officer.

14 ‘‘(c) ADMINISTRATIVE PENALTY ORDERS.—

15 ‘‘(1) IN GENERAL.—If the Administrator finds

16 that a person has violated an applicable requirement,

17 the Administrator may issue a penalty order assess18 ing a class I or a class II civil penalty against the

19 person.

20 ‘‘(2) PENALTIES.—

21 ‘‘(A) CLASS I.—Except as provided in sub22 section (d), the Administrator may, after notice

23 and opportunity for hearing (but without regard

24 to chapters 5 and 7 of title 5, United States

25 Code), assess a class I civil penalty under para-
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1 graph (1) in an amount not to exceed $10,000

2 per day per violation, except that the maximum

3 amount of a class I civil penalty may not exceed

4 $25,000.

5 ‘‘(B) CLASS II.—

6 ‘‘(i) IN GENERAL.—Except as pro7 vided in subsection (d), the Administrator

8 may, after notice and opportunity for a

9 hearing on the record in accordance with

10 chapters 5 and 7 of title 5, United States

11 Code, assess a class II civil penalty under

12 paragraph (1) in an amount not to exceed

13 $10,000 per day per violation, except that

14 the maximum amount of a class II civil

15 penalty may not exceed $200,000.

16 ‘‘(ii) PUBLIC NOTICE AND OPPOR17 TUNITY TO COMMENT.—Before assessing a

18 class II civil penalty under clause (i), the

19 Administrator shall provide public notice

20 of, and reasonable opportunity to comment

21 on, the proposed issuance of such order.

22 ‘‘(3) FINALITY OF ORDERS.—An order assess23 ing a civil penalty under this subsection shall become

24 final 30 days after the order is issued, except that
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1 an order issued upon consent shall become final

2 upon issuance.

3 ‘‘(4) ELECTION OF CIVIL PENALTY REMEDY.—

4 If a civil penalty is assessed by the Administrator

5 for a violation pursuant to this subsection, an addi6 tional penalty may not be assessed by the Adminis7 trator or a Federal court pursuant to this section for

8 the same violation.

9 ‘‘(5) JUDICIAL REVIEW.—

10 ‘‘(A) IN GENERAL.—A person against

11 whom a penalty order is issued under this sub12 section, except upon consent, or who com13 mented on the proposed assessment of the pen14 alty in accordance with paragraph (2)(B)(ii),

15 may obtain review of the order in the United

16 States District Court for the District of Colum17 bia or in the district court in the district in

18 which the violation is alleged to have occurred

19 by filing, during the 30-day period beginning on

20 the date the penalty order becomes final, a com21 plaint with the court. The person shall simulta22 neously send a copy of the complaint by cer23 tified mail to the Administrator and the Attor24 ney General. The Administrator shall promptly
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1 file in the court a certified copy of the record

2 on which the order was issued.

3 ‘‘(B) STANDARD OF REVIEW.—The court

4 shall not set aside or remand the order unless

5 the court finds that there is not substantial evi6 dence in the record, taken as a whole, to sup7 port the finding of a violation or that the as8 sessment of the penalty by the Administrator

9 constitutes an abuse of discretion. The court

10 may not impose an additional civil penalty for

11 a violation that is the subject of the assessment

12 by the Administrator unless the court finds that

13 the assessment constitutes an abuse of discre14 tion by the Administrator.

15 ‘‘(C) FORUM.—Notwithstanding section

16 1448(a)(2), a penalty order issued under this

17 subsection shall be subject to judicial review

18 only under subparagraph (A).

19 ‘‘(6) COLLECTION.—If a person fails to pay an

20 assessed civil penalty after the order making the as21 sessment has become final, or after a court in an ac22 tion brought under paragraph (5) has entered a

23 final judgment in favor of the Administrator, the

24 Administrator shall request the Attorney General to

25 bring a civil action in an appropriate district court
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1 to recover the amount assessed (plus interest at cur2 rently prevailing rates from the date of the final

3 order or the date of the final judgment, as the case

4 may be). In the action, the validity, amount, and ap5 propriateness of the penalty shall not be subject to

6 judicial review. A person who fails to pay on a timely

7 basis the amount of an assessed civil penalty as de8 scribed in the first sentence of this paragraph shall

9 be required to pay, in addition to the amount and

10 interest, attorney fees and costs for collection pro11 ceedings and a quarterly nonpayment penalty for

12 each quarter during which the failure to pay per13 sists. The nonpayment penalty shall be in an amount

14 equal to 20 percent of the aggregate amount of the

15 penalties and nonpayment penalties of the person

16 that are unpaid as of the beginning of the quarter.

17 ‘‘(7) SUBPOENAS.—The Administrator, in con18 nection with administrative proceedings brought

19 under this subsection or in connection with inves20 tigations conducted pursuant to this part, may issue

21 subpoenas for the attendance and testimony of wit22 nesses and subpoenas duces tecum, and may request

23 the Attorney General to bring an action to enforce

24 any subpoena under this part. The district courts
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1 shall have jurisdiction to enforce the subpoenas and

2 impose sanctions.

3 ‘‘(d) FEDERAL FACILITIES.—

4 ‘‘(1) MAXIMUM PENALTY AMOUNTS.—The

5 amount of a civil penalty assessed against a Federal

6 agency may exceed the maximum amounts described

7 in subsection (c)(2), but may not exceed $25,000 per

8 day per violation.

9 ‘‘(2) PROCEDURE.—Before a civil penalty order

10 or administrative compliance order issued pursuant

11 to this section applicable to a Federal agency

12 becomes final, the Administrator shall provide the

13 agency an opportunity to confer with the Adminis14 trator and shall provide the agency notice and an

15 opportunity for a hearing on the record in accord16 ance with chapters 5 and 7 of title 5, United States

17 Code.

18 ‘‘(3) PUBLIC REVIEW.—Any interested person

19 may obtain review of a civil penalty order issued

20 pursuant to this subsection to a Federal agency. The

21 review shall be in accordance with the procedures

22 provided under subsection (c)(5) for persons against

23 whom a penalty order is issued under subsection (c).

24 ‘‘(e) CIVIL ACTIONS.—
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1 ‘‘(1) IN GENERAL.—If the Administrator finds

2 that a person has violated an applicable requirement

3 or has failed to comply with an order issued under

4 subsection (b) or section 1431, the Administrator

5 may commence a civil action pursuant to this sub6 section for appropriate relief, including a permanent

7 or temporary injunction.

8 ‘‘(2) JURISDICTION.—An action under this sub9 section may be brought in the district court of the

10 United States for the district in which the defendant

11 is located, resides, or is doing business. The court

12 shall have jurisdiction to restrain any applicable vio13 lation and to require compliance with a requirement

14 referred to in paragraph (1). The court may enter

15 such judgment as the protection of public health

16 requires.

17 ‘‘(3) PENALTIES.—A person who has violated

18 an applicable requirement or has failed to comply

19 with any order issued under subsection (b) or sec20 tion 1431 shall be subject to a civil judicial penalty

21 in an amount not to exceed $25,000 per day for

22 each violation.

23 ‘‘(f) PENALTY FACTORS.—In determining the

24 amount of a civil penalty assessed pursuant to this section,

25 the Administrator or court shall consider the seriousness
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1 of each violation, the economic benefit (if any) resulting

2 from the violation, any history of similar violations includ3 ing violations that are not part of the current action, any

4 good faith efforts to comply with applicable requirements

5 before the initiation of the civil action, the size of the sys6 tem, the economic impact of the penalty on the violator,

7 and such other matters as justice may require.

8 ‘‘(g) EFFECT OF ENFORCEMENT ACTION.—Nothing

9 in this section limits the authority of the Administrator

10 to take enforcement action against a person under any

11 other provision or affects the obligation of a person to

12 comply with an applicable requirement or an order issued

13 by the Administrator pursuant to this title (except an

14 order superseding a previous order issued under sub15 section (b)).

16 ‘‘(h) DEFINITION OF APPLICABLE REQUIREMENT.—

17 As used in this section, the term ‘applicable requirement’

18 means—

19 ‘‘(1) a requirement of section 1412, 1415,

20 1416, 1417, 1419, 1441, 1442, 1445, 1447, 1463,

21 1464, 1466, or 1471;

22 ‘‘(2) a regulation promulgated pursuant to a

23 section referred to in paragraph (1);

24 ‘‘(3) a schedule or requirement imposed pursu25 ant to a section referred to in paragraph (1);
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1 ‘‘(4) a duty to allow access under section

2 1445(b); and

3 ‘‘(5) a requirement of, or permit issued, under

4 an applicable State program for which the Adminis5 trator has made a determination that the require6 ments of section 1413 have been satisfied, or an ap7 plicable State program approved pursuant to this

8 part.

9 ‘‘(i) VARIANCES AND EXEMPTIONS.—For purposes of

10 this section, compliance with the requirements of a vari11 ance granted pursuant to section 1415 or an exemption

12 issued pursuant to section 1416 for any national primary

13 drinking water regulation shall be considered compliance

14 with the regulation during the term of the variance or ex15 emption.

16 ‘‘(j) CONSOLIDATION INCENTIVE.—

17 ‘‘(1) IN GENERAL.—An owner or operator of a

18 public water system may submit to the State in

19 which the system is located (if the State has primary

20 enforcement responsibility pursuant to section 1413)

21 or to the Administrator (if the State does not have

22 primary enforcement responsibility) a plan (includ23 ing specific measures and schedules) for—

24 ‘‘(A) the physical consolidation of the sys25 tem with 1 or more other systems;
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1 ‘‘(B) the consolidation of significant man2 agement and administrative functions of the

3 system with 1 or more other systems; or

4 ‘‘(C) the transfer of ownership of the sys5 tem that may reasonably be expected to im6 prove drinking water quality.

7 ‘‘(2) CONSEQUENCES OF APPROVAL.—If the

8 State or the Administrator approves a plan pursuant

9 to paragraph (1) no enforcement action shall be

10 taken pursuant to this part and with respect to a

11 specific violation identified in the approved plan

12 prior to the date that is the earlier of the date that

13 consolidation is completed according to the plan or

14 the date that is 2 years after the plan is approved.

15 ‘‘(k) NOTICE OF PUBLIC WATER SYSTEM TO PER16 SONS SERVED.—

17 ‘‘(1) IN GENERAL.—Each owner or operator of

18 a public water system shall give notice to the per19 sons served by the system—

20 ‘‘(A) of any failure on the part of the pub21 lic water system to—

22 ‘‘(i) comply with an applicable maxi23 mum contaminant level or treatment tech24 nique requirement of, or a testing proce-
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1 dure prescribed by, a national primary

2 drinking water regulation; or

3 ‘‘(ii) perform monitoring required by

4 section 1445(a); and

5 ‘‘(B) if the public water system is subject

6 to a variance granted under section

7 1415(a)(1)(A), 1415(a)(2), or 1415(e) for an

8 inability to meet a maximum contaminant level

9 requirement or is subject to an exemption

10 granted under section 1416, of—

11 ‘‘(i) the existence of the variance or

12 exemption; and

13 ‘‘(ii) any failure to comply with the

14 requirements of any schedule prescribed

15 pursuant to the variance or exemption.

16 ‘‘(2) FORM, MANNER, AND FREQUENCY OF NO17 TICE.—

18 ‘‘(A) IN GENERAL.—The Administrator

19 shall, by regulation, prescribe the form, man20 ner, and frequency for giving notice under this

21 subsection.

22 ‘‘(B) VIOLATIONS WITH POTENTIAL TO

23 CAUSE SERIOUS ADVERSE EFFECTS ON HUMAN

24 HEALTH.—Regulations promulgated under this

25 subsection shall specify notification procedures
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1 for each violation by a community water system

2 that has the potential to cause serious adverse

3 effects on human health. Each notice of a viola4 tion provided under this subparagraph shall—

5 ‘‘(i) be distributed as soon as prac6 ticable after the violation, but not later

7 than 24 hours after the violation;

8 ‘‘(ii) be provided to appropriate broad9 cast media;

10 ‘‘(iii) be prominently published in a

11 newspaper of general circulation serving

12 the area not later than 1 day after the dis13 tribution of a notice pursuant to clause (i),

14 or the date of publication of the next issue

15 of the newspaper;

16 ‘‘(iv) provide a clear and readily un17 derstandable explanation of—

18 ‘‘(I) the violation;

19 ‘‘(II) any potential adverse ef20 fects on human health;

21 ‘‘(III) the steps that the public

22 water system is taking to correct the

23 violation; and
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1 ‘‘(IV) the necessity of seeking al2 ternative water supplies until the vio3 lation is corrected; and

4 ‘‘(v) be provided to the State agency

5 that has primary enforcement responsibil6 ity pursuant to section 1413 and to the

7 Administrator.

8 ‘‘(C) NOTICE BY MAIL.—Regulations pro9 mulgated under this subsection shall specify

10 that community water systems shall provide no11 tice by mail to each customer of the system of

12 any violation of a maximum contaminant level

13 or treatment technique, in the first billing, if

14 any, that occurs after the violation, but not

15 later than 1 year after the violation. The Ad16 ministrator shall prescribe the form and man17 ner of the notice to ensure a clear and readily

18 understandable explanation of the violation, any

19 potential adverse health effects, the steps that

20 the system is taking to correct the violation,

21 and the necessity to seek alternative water sup22 plies, if any, until the violation is corrected.

23 ‘‘(D) OTHER VIOLATIONS.—Notice of vio24 lations other than violations by a community
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1 water system identified under subparagraph (B)

2 shall be—

3 ‘‘(i) provided not less frequently than

4 annually and prominently published in a

5 newspaper of general circulation serving

6 the area; and

7 ‘‘(ii) provided to the State agency that

8 has primary enforcement responsibility

9 pursuant to section 1413 and to the Ad10 ministrator.

11 ‘‘(E) VIOLATIONS BY NONCOMMUNITY SYS12 TEMS.—The Administrator shall establish ap13 propriate procedures for notifying the users or

14 potential users of a noncommunity water sys15 tem of violations by the system, including post16 ing wherever access to the water of the system

17 is available to the public, if the violation may

18 present a serious threat to human health.

19 ‘‘(F) ANNUAL REPORT BY STATE.—Not

20 later than January 1, 1996, and annually there21 after, each State that has primary enforcement

22 responsibility pursuant to section 1413 shall

23 publish an annual report on public water sys24 tem compliance in the State and submit the re25 port to the Administrator.
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1 ‘‘(G) ANNUAL REPORT BY ADMINIS2 TRATOR.—Not later than July 1, 1996, and an3 nually thereafter, the Administrator shall sub4 mit to Congress an annual report summarizing

5 and evaluating reports submitted by States pur6 suant to subparagraph (F) and notices submit7 ted by public water systems serving Indian

8 tribes provided to the Administrator pursuant

9 to subparagraph (B) or (D) and making rec10 ommendations concerning the resources needed

11 to improve compliance with this title. The re12 port shall include information about public

13 water system compliance on Indian reservations

14 and about enforcement activities undertaken

15 and financial assistance provided by the Admin16 istrator on Indian reservations, and shall make

17 specific recommendations concerning the re18 sources needed to improve compliance with this

19 title on Indian reservations.

20 ‘‘(l) NOTICE OF NONCOMPLIANCE WITH SECONDARY

21 DRINKING WATER REGULATIONS.—Whenever, on the

22 basis of information available to the Administrator, the

23 Administrator finds that within a reasonable time after

24 national secondary drinking water regulations have been

25 promulgated, 1 or more public water systems in a State
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1 do not comply with the secondary regulations, and that

2 the noncompliance appears to result from a failure of the

3 State to take reasonable action to ensure that public water

4 systems throughout the State meet the secondary regula5 tions, the Administrator shall so notify the State.

6 ‘‘(m) STATE AUTHORITY TO ADOPT OR ENFORCE

7 LAWS OR REGULATIONS.—Nothing in this title shall di8 minish any authority of a State or political subdivision to

9 adopt or enforce any law or regulation respecting drinking

10 water regulations or public water systems, but no such law

11 or regulation shall relieve any person of any requirement

12 otherwise applicable under this title.’’.

13 (b) STATE AUTHORITY FOR ADMINISTRATIVE PEN14 ALTIES.—Section 1413(a) (42 U.S.C. 300g–2(a)) is

15 amended—

16 (1) by striking ‘‘and’’ at the end of paragraph

17 (4);

18 (2) by striking the period at the end of para19 graph (5) and inserting ‘‘; and’’; and

20 (3) by adding at the end the following new

21 paragraph:

22 ‘‘(6) has adopted authority for administrative

23 penalties comparable to the authority in section

24 1414(c).’’.
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1 SEC. 7. CONTROL OF LEAD IN DRINKING WATER.

2 (a) FITTINGS AND FIXTURES.—Section 1417 (42

3 U.S.C. 300g–6) is amended—

4 (1) in subsection (a)—

5 (A) by striking paragraph (1) and insert6 ing the following new paragraph:

7 ‘‘(1) PROHIBITIONS.—

8 ‘‘(A) IN GENERAL.—No person may use

9 any pipe, pipe or plumbing fitting or fixture,

10 solder, or flux, after June 19, 1986, in the in11 stallation or repair of—

12 ‘‘(i) any public water system; or

13 ‘‘(ii) any plumbing in a residential or

14 nonresidential facility providing water for

15 human consumption,

16 that is not lead free (within the meaning of

17 subsections (d) and (e)(4)).

18 ‘‘(B) LEADED JOINTS.—Subparagraph (A)

19 shall not apply to leaded joints necessary for

20 the repair of cast iron pipes.’’;

21 (B) in paragraph (2)(A), by inserting after

22 ‘‘Each’’ the following: ‘‘owner or operator of a’’;

23 and

24 (C) by adding at the end the following new

25 paragraph:
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1 ‘‘(3) UNLAWFUL ACTS.—Effective 2 years after

2 the date of enactment of this paragraph, it shall be

3 unlawful—

4 ‘‘(A) for any person to introduce into com5 merce any pipe or pipe or plumbing fitting or

6 fixture that is not lead free;

7 ‘‘(B) for any person engaged in the busi8 ness of selling plumbing supplies, except manu9 facturers, to sell solder or flux that is not lead

10 free; or

11 ‘‘(C) for any person to introduce into com12 merce any solder or flux that is not lead free

13 unless the solder or flux bears a prominent

14 label stating that it is illegal to use the solder

15 or flux in the installation or repair of any

16 plumbing providing water for human consump17 tion.’’;

18 (2) in subsection (d)—

19 (A) by striking ‘‘For’’ and inserting ‘‘Ex20 cept as provided in subsection (e)(4), for’’; and

21 (B) in paragraph (2), by striking ‘‘pipe fit22 tings’’ each place it appears and inserting ‘‘pipe

23 and plumbing fittings and fixtures’’; and

24 (3) by adding at the end the following new sub25 sections:
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1 ‘‘(e) PLUMBING FITTINGS AND FIXTURES.—

2 ‘‘(1) IN GENERAL.—The Administrator shall

3 provide accurate and timely technical information

4 and assistance to qualified third-party certifiers in

5 the development of voluntary standards and testing

6 protocols for the leaching of lead from new plumbing

7 fittings and fixtures that are intended by the manu8 facturer to dispense water for human ingestion.

9 ‘‘(2) STANDARDS.—

10 ‘‘(A) IN GENERAL.—If a voluntary stand11 ard for the leaching of lead is not established

12 by the date that is 1 year after the date of en13 actment of this subsection, the Administrator

14 shall, not later than 2 years after the date of

15 enactment of this subsection, promulgate regu16 lations setting a health-effects-based perform17 ance standard establishing maximum leaching

18 levels from new plumbing fittings and fixtures

19 that are intended by the manufacturer to dis20 pense water for human ingestion. The standard

21 shall become effective on the date that is 5

22 years after the date of promulgation of the

23 standard.

24 ‘‘(B) ALTERNATIVE REQUIREMENT.—If

25 regulations are required to be promulgated
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1 under subparagraph (A) and have not been pro2 mulgated by the date that is 5 years after the

3 date of enactment of this subsection, no person

4 may import, manufacture, process, or distribute

5 in commerce a new plumbing fitting or fixture,

6 intended by the manufacturer to dispense water

7 for human ingestion, that contains more than 4

8 percent lead by dry weight.

9 ‘‘(f) WATER WELL PUMPS AND WATER WELL SYS10 TEM COMPONENT PARTS.—

11 ‘‘(1) The Administrator shall, within one year

12 from the date of enactment, complete a report re13 viewing data and information on the leaching of lead

14 from water well pumps and water well system com15 ponent parts (not to include above-ground pipes,

16 pipe fittings and fixtures specified under subsection

17 (e)) that come into contact with drinking water and

18 the adequacy of voluntary consensus standards for

19 protecting the health of persons from the leaching of

20 lead. In conducting a review under this paragraph,

21 the Administrator shall identify the potential health

22 risks to children and other vulnerable subpopulations

23 associated with water well pumps and water well

24 system component parts.
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1 ‘‘(2) Not later than two years after the date of

2 enactment of this paragraph, if the Administrator

3 determines that a voluntary consensus standard is

4 not effectively protecting the health of persons, then

5 the Administrator shall establish a health-effects

6 based performance standard and testing protocol for

7 the maximum leaching of lead from water well

8 pumps and water well system components parts (not

9 to include above-ground pipes, pipe fittings and fix10 tures specified under subsection (e)) in water well

11 systems that come into contact with drinking water.

12 ‘‘(3) It shall be a violation of this Act to im13 port, manufacture, sell, distribute or install a water

14 well pump or water well system component parts

15 (not to include above-ground pipes, pipe fittings and

16 fixtures specified in subsection (e)) that leach lead

17 above the maximum level identified in the standard

18 established by the Administrator under paragraph

19 (2).

20 ‘‘(4) Not later than 180 days after the date of

21 enactment of this subsection, the Administrator shall

22 request information as is reasonably required to as23 sist the administrator in carrying out the require24 ments of this subsection.
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1 ‘‘(5) REPORT ON LEAKING OIL FROM SUBMERS2 IBLE WELL PUMPS.—

3 ‘‘(A) STUDY.—Not later than 1 year after

4 the date of enactment of this subsection, the

5 Administrator shall complete a study that—

6 ‘‘(i) reviews data and information on

7 the leaking of oil, including nonfood grade

8 oil and food grade oil, and polychlorinated

9 biphenyls from well pumps that come into

10 contact with drinking water in private

11 wells and wells in public water systems;

12 and

13 ‘‘(ii) identifies potential health risks

14 from the leaking oil and polychlorinated

15 biphenyls in wells.

16 ‘‘(B) REPORT.—Not later than 18 months

17 after the date of enactment of this subsection,

18 the Administrator shall publish a report, to be

19 provided to the environmental agency of each

20 State for distribution to the public, that—

21 ‘‘(i) identifies each pump that pre22 sents a health risk referred to in subpara23 graph (A), including the manufacturer and

24 model number of the pump; and
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1 ‘‘(ii) provides recommendations on

2 precautions to be taken to avoid the risk,

3 such as the replacement of the pump,

4 cleaning of the well and plumbing system

5 in which the pump is located, and testing

6 of the well after the removal of the

7 pump.’’.

8 (b) RECORDS AND INSPECTIONS.—Subparagraph (A)

9 of section 1445(a)(1) (42 U.S.C. 300j–4(a)(1)) (as des10 ignated by section 4(g)(1)(A)) is amended by striking

11 ‘‘Every person’’ and all that follows through ‘‘is a grant12 ee,’’ and inserting ‘‘Every person who is subject to any

13 requirement of this title or who is a grantee’’.

14 SEC. 8. RADON IN DRINKING WATER.

15 Part B (42 U.S.C. 300g et seq.) (as amended by sec16 tion 5(b)(2)) is further amended by adding at the end the

17 following new section:

18 ‘‘RADON IN DRINKING WATER

19 ‘‘SEC. 1419. (a) REGULATIONS FOR RADON IN

20 DRINKING WATER.—Notwithstanding any other provision

21 of this title or any other Federal law, not later than 1

22 year after the date of enactment of this section, the Ad23 ministrator shall promulgate national primary drinking

24 water regulations for radon.

25 ‘‘(b) RADON STANDARD.—
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1 ‘‘(1) MAXIMUM CONTAMINANT LEVEL.—The

2 regulations promulgated pursuant to subsection (a)

3 shall specify a maximum contaminant level goal and

4 a maximum contaminant level determined pursuant

5 to section 1412(b).

6 ‘‘(2) ALTERNATIVE CONTAMINANT LEVEL.—

7 Notwithstanding the requirements of section

8 1412(b), the regulations promulgated pursuant to

9 subsection (a) shall—

10 ‘‘(A) specify an alternative contaminant

11 level that—

12 ‘‘(i) results in a radon concentration

13 level in indoor air from drinking water that

14 is equivalent to the national average con15 centration in outdoor air; or

16 ‘‘(ii) is not less than 50 percent of the

17 national level specified in clause (i), reflect18 ing consideration of risks other than risks

19 from radon in ambient air, including risks

20 from ingestion of radon in drinking water

21 and episodic uses of drinking water, if the

22 National Academy of Sciences considers it

23 appropriate to include the risk referred to

24 in this clause;
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1 ‘‘(B) specify a period of compliance of 3

2 years; and

3 ‘‘(C) require compliance pursuant to para4 graph (3).

5 ‘‘(3) ALTERNATIVE COMPLIANCE PROGRAMS.—

6 A public water system may comply with the alter7 native contaminant level specified in paragraph (2)

8 in lieu of the maximum contaminant level estab9 lished pursuant to paragraph (1) if the system is—

10 ‘‘(A) located in a State that is implement11 ing a program to reduce radon in indoor air or

12 is receiving State grant assistance for the pro13 gram pursuant to section 306 of the Toxic Sub14 stances Control Act (15 U.S.C. 2666); or

15 ‘‘(B) implementing a service area alter16 native compliance program pursuant to sub17 section (c).

18 ‘‘(c) SERVICE AREA ALTERNATIVE COMPLIANCE

19 PROGRAM.—

20 ‘‘(1) IN GENERAL.

21 ‘‘(A) SUBMITTAL OF PROGRAM.—The ap22 propriate official of a public water system that

23 proposes to carry out an alternative compliance

24 program shall submit a program to the State

25 agency that has primary enforcement respon-
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1 sibility pursuant to section 1413 or another ap2 propriate State agency designated by the Gov3 ernor.

4 ‘‘(B) PUBLIC REVIEW AND COMMENT.—

5 The appropriate official of the public water sys6 tem shall provide opportunity for public review

7 and comment on the program prior to the sub8 mittal of the program to the State pursuant to

9 subparagraph (A) and shall provide to the State

10 a summary of public comments concerning the

11 program.

12 ‘‘(C) REVIEW BY STATE.—

13 ‘‘(i) IN GENERAL.—Not later than

14 180 days after the date of submittal of the

15 program, the appropriate official of the

16 State shall review and approve the pro17 gram if the program is consistent with the

18 requirements of this section.

19 ‘‘(ii) REVIEW BY ADMINISTRATOR.—

20 The Administrator shall, at the request of

21 a State, review and approve a program

22 submitted to the State pursuant to this

23 subparagraph.

24 ‘‘(2) EDUCATIONAL MATERIAL.—Each alter25 native compliance program referred to in paragraph
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1 (1)(A) shall provide for the distribution to each resi2 dential customer, not later than 1 year after the ap3 proval by the State of the program and every 5

4 years thereafter, educational material concerning

5 radon.

6 ‘‘(3) TESTING FOR RADON IN INDOOR AIR.—

7 ‘‘(A) IN GENERAL.—Each alternative com8 pliance program referred to in paragraph

9 (1)(A) shall provide for testing of radon in in10 door air (or evidence that the resident declined

11 to have the residence tested) in not less than 50

12 percent of the residences of residential cus13 tomers served by the public water system as ex14 peditiously as practicable, but not later than 5

15 years after the date of approval of an alter16 native compliance program pursuant to this

17 subsection.

18 ‘‘(B) REQUIREMENT FOR TESTING.—Test19 ing for radon in indoor air conducted pursuant

20 to this paragraph shall be conducted by a per21 son certified as proficient in conducting testing

22 for radon in air by the Administrator.

23 ‘‘(4) RADON NEW CONSTRUCTION STAND24 ARDS.—Each program developed pursuant to this

25 subsection shall include the adoption, prior to ap-
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1 proval of the program, of enforceable mechanisms

2 requiring compliance with radon new home construc3 tion standards established by the Administrator pur4 suant to section 304 of the Toxic Substances Con5 trol Act (15 U.S.C. 2664) for each new home to be

6 served by the public water system that is the subject

7 of the program beginning on the date that is 2 years

8 after the date of adoption of the mechanisms.

9 ‘‘(5) ASSESSMENT AND EVALUATION.—

10 ‘‘(A) SUBMITTAL OF ASSESSMENTS.—Each

11 public water system with a program approved

12 by a State pursuant to this subsection shall re13 port on program implementation to the State

14 not later than 5 years after the date of approval

15 of the program, and every 5 years thereafter.

16 ‘‘(B) PROGRAM DISAPPROVAL.—In any

17 case in which a State or the Administrator de18 termines that a public water system has not

19 fully complied with the requirements of this

20 subsection, the State or the Administrator

21 shall—

22 ‘‘(i) notify the public water system of

23 the determination; and

24 ‘‘(ii) disapprove the alternative com25 pliance program not later than 1 year after
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1 providing notice pursuant to clause (i), un2 less the system takes sufficient corrective

3 action.

4 ‘‘(C) COMPLIANCE.—A public water sys5 tem for which an alternative compliance pro6 gram is disapproved shall comply with the max7 imum contaminant level for radon (as deter8 mined by the regulations promulgated under

9 subsection (a)) not later than 3 years after the

10 date of disapproval by the Administrator or the

11 State.

12 ‘‘(6) ROLE OF STATE.—A State may assume

13 some or all of the responsibilities of carrying out an

14 alternative compliance program approved pursuant

15 to this subsection.

16 ‘‘(d) REPORT.—

17 ‘‘(1) IN GENERAL.—Not later than 7 years

18 after the date of enactment of this section, the Ad19 ministrator shall submit a report to Congress that

20 assesses and evaluates the implementation of the

21 regulations promulgated pursuant to subsection (a).

22 ‘‘(2) CONTENTS OF REPORT.—The report

23 shall—

24 ‘‘(A) identify the number of public water

25 systems that are in violation of a maximum
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1 contaminant level or alternative contaminant

2 level established pursuant to the regulations;

3 ‘‘(B) identify the number of programs of

4 public water systems approved by a State pur5 suant to this subsection and the number of

6 States receiving grant assistance under section

7 306 of the Toxic Substances Control Act (15

8 U.S.C. 2666);

9 ‘‘(C) evaluate the implementation of the

10 public water system and State programs; and

11 ‘‘(D) estimate the overall change in radon

12 exposure attained as a result of alternative

13 compliance programs and State radon pro14 grams.

15 ‘‘(e) RESIDENTIAL CUSTOMER DEFINED.—As used

16 in this section, the term ‘residential customer’ means a

17 customer of a public water system that occupies a resi18 dence other than an apartment located above the first

19 story of a building.’’.

20 SEC. 9. WATER QUALITY PROTECTION PARTNERSHIP.

21 (a) SOURCE WATER QUALITY PROTECTION.—Part B

22 (42 U.S.C. 300g et seq.) (as amended by section 8) is fur23 ther amended by adding at the end the following new sec24 tion:
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1 ‘‘SOURCE WATER QUALITY PROTECTION

2 ‘‘SEC. 1420. (a) SOURCE WATER QUALITY PROTEC3 TION PETITION PROGRAM.—

4 ‘‘(1) IN GENERAL.—

5 ‘‘(A) ESTABLISHMENT.—A State may es6 tablish a program under which an owner or op7 erator of a community water system of the

8 State, or a municipal or local government or po9 litical subdivision of the government in the

10 State, may submit a water quality protection

11 petition to the State requesting that the State

12 assist in addressing—

13 ‘‘(i) the origins of drinking water con14 taminants of public health concern, includ15 ing to the extent practicable the specific

16 activities, that affect the drinking water

17 supply of a community; and

18 ‘‘(ii) the financial or technical limita19 tions that impair the ability of a commu20 nity water system to provide drinking

21 water that complies with a national pri22 mary drinking water regulation for—

23 ‘‘(I) a contaminant listed under

24 this title; or
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1 ‘‘(II) an unregulated contaminant

2 for which the Administrator has de3 termined that there is an urgent

4 threat to public health pursuant to

5 section 1412(b)(3)(G).

6 ‘‘(B) FUNDING.—The State may provide

7 assistance in response to the petition using

8 funds referred to in subsections (b)(2)(C) and

9 (c).

10 ‘‘(2) GOAL.—The objective of a petition submit11 ted under this subsection shall be to seek assistance

12 from the State in directing or redirecting resources

13 under Federal or State water quality programs to

14 establish voluntary, incentive-based partnerships in

15 order to address the origins of drinking water con16 taminants of public health concern, including to the

17 extent practicable the specific activities, that affect

18 the drinking water supply of a community.

19 ‘‘(3) CONTENTS OF PETITION.—A petition sub20 mitted under this subsection shall, at a minimum—

21 ‘‘(A) include a delineation of the source

22 water area in the State that is the subject of

23 the petition;

24 ‘‘(B) identify the origins of the drinking

25 water contaminants of public health concern,
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1 including to the extent practicable the specific

2 activities, in the source water area delineated

3 under subparagraph (A);

4 ‘‘(C) identify any deficiencies in informa5 tion that will inhibit the identification of signifi6 cant origins of drinking water contaminants of

7 public health concern; and

8 ‘‘(D) identify any public participation solic9 ited from affected persons in the source water

10 area delineated under subparagraph (A), includ11 ing—

12 ‘‘(i) voluntary efforts to address the

13 origins of the drinking water contaminants

14 of public health concern, including specific

15 activities; and

16 ‘‘(ii) the assistance that may be need17 ed to facilitate the efforts.

18 ‘‘(b) APPROVAL OR DISAPPROVAL OF PETITIONS.—

19 ‘‘(1) IN GENERAL.—After providing notice and

20 an opportunity for public comment on a petition

21 submitted under subsection (a), the State shall ap22 prove or disapprove in whole or in part the petition

23 in an expeditious manner.

24 ‘‘(2) APPROVAL.—The State may approve a pe25 tition if the petition meets the requirements estab-
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1 lished under subsection (a). The notice of approval

2 shall, at a minimum, include—

3 ‘‘(A) a determination that the drinking

4 water contaminants referred to in the petition

5 pose a public health concern;

6 ‘‘(B) a description of the options available,

7 including voluntary measures and practices, for

8 the protection of source waters to address the

9 problems described in the petition;

10 ‘‘(C) an identification of technical or finan11 cial assistance that the State will provide to as12 sist in addressing the drinking water contami13 nants of public health concern based on—

14 ‘‘(i) the relative priority of the public

15 health concern identified in the petition as

16 compared to the other water quality needs

17 identified by the State;

18 ‘‘(ii) any appropriate studies or as19 sessments that are available to identify sig20 nificant origins of drinking water contami21 nants of public health concern;

22 ‘‘(iii) any necessary coordination that

23 the State will perform of the program es24 tablished under this section with programs
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1 implemented or planned by other States

2 under this section; and

3 ‘‘(iv) funds available (including funds

4 available from a State revolving loan fund

5 established under title VI of the Federal

6 Water Pollution Control Act (33 U.S.C.

7 1381 et seq.) or part G) and the appro8 priate distribution of the funds to assist in

9 addressing the problems described in the

10 petition;

11 ‘‘(D) a description of Federal and State

12 programs available to assist in addressing the

13 problems described in the petition, including—

14 ‘‘(i) any program established under

15 the Federal Water Pollution Control Act

16 (33 U.S.C. 1251 et seq.);

17 ‘‘(ii) the program established under

18 section 6217 of the Coastal Zone Act Re19 authorization Amendments of 1990 (16

20 U.S.C. 1455b);

21 ‘‘(iii) the agricultural water quality

22 protection program established under chap23 ter 2 of subtitle D of title XII of the Food

24 Security Act of 1985 (16 U.S.C. 3838 et

25 seq.);
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1 ‘‘(iv) the sole source aquifer protection

2 program established under section 1427;

3 ‘‘(v) the community wellhead protec4 tion program established under section

5 1428;

6 ‘‘(vi) any pesticide or ground water

7 management plan; and

8 ‘‘(vii) any abandoned well closure pro9 gram;

10 ‘‘(E) a description of activities that will be

11 undertaken to coordinate Federal and State

12 programs to respond to the petition; and

13 ‘‘(F) a description of alternative manage14 ment measures or treatment techniques and

15 other strategies, including an evaluation of the

16 costs associated with each alternative, and a de17 scription of sources of funding available to im18 plement the alternative.

19 ‘‘(3) DISAPPROVAL.—If the State disapproves a

20 petition submitted under subsection (a), the State

21 shall notify the entity submitting the petition in

22 writing of the reasons for disapproval. A petition

23 may be resubmitted at any time if new information

24 becomes available or conditions affecting the source

25 water that is the subject of the petition change.
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1 ‘‘(c) ELIGIBILITY FOR WATER QUALITY PROTECTION

2 ASSISTANCE.—A sole source aquifer plan developed pursu3 ant to section 1427, a wellhead protection plan developed

4 pursuant to section 1428, and a source water quality pro5 tection measure assisted in response to a petition submit6 ted under subsection (a) shall be eligible for assistance

7 under the Federal Water Pollution Control Act (33 U.S.C.

8 1251 et seq.), including assistance provided under section

9 319 and title VI of such Act (33 U.S.C. 1329 and 1381

10 et seq.), in the same manner as a project, measure, or

11 practice identified in a State plan under such section 319

12 is eligible for assistance under such Act. In the case of

13 funds made available under such section 319 to assist a

14 source water quality protection measure in response to a

15 petition submitted under subsection (a), the funds may be

16 used only for a measure that addresses nonpoint source

17 pollution.

18 ‘‘(d) GRANTS TO SUPPORT STATE PROGRAMS.—

19 ‘‘(1) IN GENERAL.—The Administrator is au20 thorized to make grants to each State that estab21 lishes a program under this section that is approved

22 under paragraph (2). The amount of each grant

23 shall not exceed 50 percent of the cost of admin24 istering the petition program for the year in which

25 the grant is available.
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1 ‘‘(2) APPROVAL.—As a condition of receiving

2 grant assistance under this subsection, a State shall

3 submit to the Administrator for approval a source

4 water protection petition program that is consistent

5 with the guidance published under paragraph (3).

6 ‘‘(3) GUIDANCE.—Not later than 1 year after

7 the date of enactment of this section, the Adminis8 trator shall publish guidance to assist States in the

9 development of a source water protection petition

10 program. The guidance shall, at a minimum—

11 ‘‘(A) recommend procedures for the ap12 proval by a State of a source water protection

13 petition submitted under subsection (a);

14 ‘‘(B) recommend procedures by which a

15 community water system may submit a source

16 water protection petition developed under sub17 section (a);

18 ‘‘(C) recommend criteria for the delinea19 tion of source water protection areas within a

20 State; and

21 ‘‘(D) describe sources of funding that are

22 available to develop and respond to source

23 water protection petitions.

24 ‘‘(4) AUTHORIZATION OF APPROPRIATIONS.—

25 There are authorized to be appropriated to carry out
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1 this subsection such sums as are necessary for each

2 of fiscal years 1995 through 2000. Each State with

3 a program approved under paragraph (2) shall re4 ceive an equitable portion of the funds available for

5 any fiscal year.’’.

6 (b) CRITICAL AQUIFER PROTECTION.—Section 1427

7 (42 U.S.C. 300h–6) is amended—

8 (1) by striking subsections (a) and (b) and in9 serting the following new subsections:

10 ‘‘(a) PURPOSE.—The purpose of this section is to

11 support and assist the establishment of programs for the

12 protection of critical aquifer protection areas.

13 ‘‘(b) DEFINITION OF CRITICAL AQUIFER PROTEC14 TION AREA.—As used in this section, the term ‘critical

15 aquifer protection area’ means an area that contains

16 ground water that—

17 ‘‘(1) is the principal source of supply to a pub18 lic water system;

19 ‘‘(2) if contaminated, would create a significant

20 hazard to public health; and

21 ‘‘(3) satisfies the criteria established pursuant

22 to subsection (d).’’;

23 (2) in subsection (c)—

24 (A) in the first sentence—

25 (i) by striking ‘‘State,’’;
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1 (ii) by striking ‘‘the Administrator’’

2 and inserting ‘‘a State with a program

3 pursuant to section 1420’’; and

4 (iii) by striking ‘‘selection of such

5 area for a demonstration program’’ and in6 serting ‘‘approval of an application for the

7 designation of the area’’; and

8 (B) by striking the last sentence; and

9 (3) in the first sentence of subsection (n), by

10 adding at the end the following:

‘‘1992–2000 ................................................................................. 20,000,000.’’.

11 (c) WELLHEAD PROTECTION AREAS.—

12 (1) APPLICATIONS.—Section 1428(a) (42

13 U.S.C. 300h–7(a)) is amended by striking ‘‘shall,

14 within 3 years of the date of enactment of the Safe

15 Drinking Water Act Amendments of 1986,’’ and in16 serting ‘‘may’’.

17 (2) AUTHORIZATION OF APPROPRIATIONS.—

18 Section 1428(k) (42 U.S.C. 300h–7(k)) is amended

19 by adding at the end the following:

‘‘1992–2000 ................................................................................. 35,000,000.’’.

20 SEC. 10. EMERGENCY POWERS.

21 Section 1431 (42 U.S.C. 300i) is amended—

22 (1) in subsection (a)—

23 (A) by striking ‘‘(a)’’;
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1 (B) in the first sentence, by striking ‘‘and

2 that appropriate State and local authorities

3 have not acted to protect the health of such

4 persons’’ and inserting ‘‘and upon providing

5 concurrent notice to appropriate State and local

6 officials’’;

7 (C) by striking the second sentence; and

8 (D) in the last sentence, by inserting ‘‘or

9 to restore or protect the public water system or

10 underground source of drinking water’’ after

11 ‘‘endangerment,’’; and

12 (2) by striking subsection (b).

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

14 CERTIFICATION.

15 Section 1442 (42 U.S.C. 300j–1) (as amended by sec16 tion 5(c)) is further amended—

17 (1) by redesignating paragraph (3) of sub18 section (b) as paragraph (3) of subsection (d) and

19 moving such paragraph to appear after paragraph

20 (2) of subsection (d);

21 (2) by striking subsection (b) (as so amended);

22 (3) by redesignating subparagraph (B) of sub23 section (a)(2) as subsection (b) and moving such

24 subsection to appear after subsection (a);

25 (4) in subsection (a)—
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1 (A) by striking paragraph (2) (as so

2 amended) and inserting the following new para3 graph:

4 ‘‘(2) INFORMATION AND RESEARCH FACILI5 TIES.—In carrying out this title, the Administrator

6 is authorized to—

7 ‘‘(A) collect and make available informa8 tion pertaining to research, investigations, and

9 demonstrations with respect to providing a de10 pendably safe supply of drinking water, to11 gether with appropriate recommendations in

12 connection with the information; and

13 ‘‘(B) make available research facilities of

14 the Agency to appropriate public authorities, in15 stitutions, and individuals engaged in studies

16 and research relating to this title.’’;

17 (B) by striking paragraph (3) and insert18 ing the following new paragraph:

19 ‘‘(3) SCIENTIFIC BASIS FOR DECISIONS.—

20 ‘‘(A) IN GENERAL.—In carrying out this

21 title, the Administrator shall use the best avail22 able peer-reviewed science and supporting stud23 ies conducted in accordance with sound and ob24 jective scientific practices.
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1 ‘‘(B) PUBLIC INFORMATION.—In carrying

2 out this title, the Administrator shall ensure

3 that the presentation of information on public

4 health effects is complete and informative. The

5 Administrator shall, in a document made avail6 able to the public in support of a regulation is7 sued under this title, specify, to the extent fea8 sible—

9 ‘‘(i) each population addressed by any

10 estimate of public health effects;

11 ‘‘(ii) the expected risk or central esti12 mate of risk for the specific population;

13 ‘‘(iii) each appropriate upper-bound or

14 lower-bound estimate of risk;

15 ‘‘(iv) each uncertainty identified in the

16 process of the assessment of public health

17 effects and future research that is nec18 essary to address the uncertainty; and

19 ‘‘(v) any study known to the Adminis20 trator that supports or fails to support any

21 estimate of public health effects, including

22 the methodology used to reconcile varying

23 scientific data.’’; and

24 (C) by adding at the end the following new

25 paragraph:
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1 ‘‘(12) AUTHORIZATION OF APPROPRIATIONS.—

2 There are authorized to be appropriated to carry out

3 this subsection and subsection (h) $25,000,000 for

4 each of fiscal years 1994 through 2000.’’;

5 (5) in subsection (b) (as so amended)—

6 (A) by striking ‘‘subparagraph’’ each place

7 it appears and inserting ‘‘subsection’’; and

8 (B) by adding at the end the following new

9 sentence: ‘‘There are authorized to be appro10 priated to carry out this subsection $8,000,000

11 for each of fiscal years 1995 through 2000.’’;

12 (6) in the first sentence of subsection (c), by

13 striking ‘‘eighteen months after the date of enact14 ment of this subsection’’ and inserting ‘‘2 years

15 after the date of enactment of the Safe Drinking

16 Water Act Amendments of 1994, and every 5 years

17 thereafter’’;

18 (7) in subsection (d) (as amended by paragraph

19 (1))—

20 (A) in paragraph (1), by striking ‘‘, and’’

21 at the end and inserting a semicolon;

22 (B) in paragraph (2), by striking the pe23 riod at the end and inserting ‘‘; and’’;
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1 (C) by adding after paragraph (3) (as re2 designated by paragraph (1)) the following new

3 paragraph:

4 ‘‘(4) develop and maintain a system for fore5 casting the supply of, and demand for, various pro6 fessional occupational categories and other occupa7 tional categories needed for the protection and treat8 ment of drinking water in each region of the United

9 States.’’; and

10 (D) by adding at the end the following new

11 sentence: ‘‘There are authorized to be appro12 priated to carry out this subsection

13 $10,000,000 for each of fiscal years 1994

14 through 2000.’’;

15 (8) by striking subsection (e) and inserting the

16 following new subsection:

17 ‘‘(e) CERTIFICATION OF OPERATORS AND LABORA18 TORIES.—

19 ‘‘(1) REQUIREMENT.—The principal operator of

20 each community and noncommunity water systems

21 serving nontransient populations and any laboratory

22 conducting tests pursuant to this title, and such ad23 ditional personnel as may be designated by the Ad24 ministrator, shall be required to be certified as pro-
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1 ficient pursuant to this section by a State or the Ad2 ministrator.

3 ‘‘(2) EFFECTIVE DATE.—The requirement re4 ferred to in paragraph (1) shall become effective on

5 the date that is 4 years after the date of enactment

6 of the Safe Drinking Water Act Amendments of

7 1994.

8 ‘‘(3) GUIDELINES.—Not later than 2 years

9 after the date of enactment of the Safe Drinking

10 Water Act Amendments of 1994, the Administrator

11 shall publish guidelines developed in consultation

12 with the States describing minimum standards for

13 certification of the proficiency of operators and other

14 appropriate personnel by a State pursuant to this

15 subsection.

16 ‘‘(4) NONCOMPLIANCE.—Effective beginning

17 October 1, 1999, if the Administrator determines

18 that the certification program implemented by a

19 State lacks a major element identified in the guid20 ance published pursuant to paragraph (3) or an ele21 ment of the program is substantially inconsistent

22 with the guidelines established in paragraph (3), the

23 Administrator shall withhold a percentage (pre24 scribed in the second sentence) of the capitalization

25 grant made to the State pursuant to part G. The
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1 percentage withheld shall be 10 percent for fiscal

2 year 1999, 30 percent for fiscal year 2000, and 50

3 percent for each subsequent fiscal year.’’;

4 (9) in subsection (g)—

5 (A) in the second sentence, by inserting

6 ‘‘and multi-State regional technical assistance’’

7 after ‘‘ ‘circuit rider’ ’’; and

8 (B) in the third sentence, by striking

9 ‘‘1987 through 1991’’ and inserting ‘‘1994

10 through 2000. If the Administrator makes a

11 grant to a non-profit organization to provide

12 technical assistance under this section, the Ad13 ministrator shall assure that the program ad14 ministered by the non-profit organization, in

15 combination with other grants under this sec16 tion, provides technical assistance among the

17 States in an equitable manner. A non-profit or18 ganization conducting any activities supported

19 by a grant under this subsection, shall consult

20 with the State agency having primary enforce21 ment responsibility under section 1413 on the

22 activities to be conducted in the State’’; and

23 (10) by adding at the end the following new

24 subsections:

25 ‘‘(i) RESEARCH.—
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1 ‘‘(1) IN GENERAL.—In conducting research

2 under this section, the Administrator shall conduct

3 studies to—

4 ‘‘(A) determine the levels and national dis5 tributions of contaminants in drinking water

6 that have adverse effects on human populations;

7 ‘‘(B) develop more reliable and cost-effec8 tive monitoring methods to identify and charac9 terize drinking water contaminants;

10 ‘‘(C) determine the diseases drinking water

11 contaminants likely cause;

12 ‘‘(D) identify other sources of exposure

13 that exist for the hazardous agents found in

14 drinking water and whether drinking water is a

15 major or minor contributor to the overall expo16 sure to the hazardous agents;

17 ‘‘(E) develop improved technologies and al18 ternative strategies for treating water, particu19 larly for small systems, that emphasize risk re20 duction; and

21 ‘‘(F) evaluate the relative risks, costs, and

22 benefits of each strategy to provide safe drink23 ing water to citizens of the United States.
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1 ‘‘(2) RISK ASSESSMENT RESEARCH.—In carry2 ing out paragraph (1), the Administrator shall con3 duct research necessary to—

4 ‘‘(A) develop a more accurate, coordinated

5 national data base on the occurrence of con6 taminants (including chemicals, microbes, and

7 radiologics) in drinking water, as well as in air,

8 food, and other media;

9 ‘‘(B) understand the mechanisms by which

10 chemical contaminants are absorbed, distrib11 uted, metabolized, and eliminated from the

12 human body, so as to develop more accurate

13 physiologically based models of the phenomena;

14 ‘‘(C) understand the effects of contami15 nants referred to in subparagraph (A) and the

16 mechanisms by which the contaminants cause

17 adverse effects (especially noncancer and infec18 tious effects) and the variations in the effects

19 among humans, especially sensitive subpopula20 tions, and from test animals to humans;

21 ‘‘(D) develop new tools, such as

22 biomarkers, to allow epidemiological studies of

23 higher resolution so as to confirm the pre24 dictions of health hazards to humans that are

25 derived from animal studies; and
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1 ‘‘(E) develop new approaches to the study

2 of complex mixtures, such as mixtures found in

3 drinking water, especially to determine the

4 prospects for synergistic or antagonistic inter5 actions that may affect the shape of the dose6 response relationship of the individual chemicals

7 and microbes, and to examine noncancer

8 endpoints and infectious diseases, and suscep9 tible individuals and subpopulations.

10 ‘‘(3) STUDIES.—In carrying out paragraph (1),

11 the Administrator shall—

12 ‘‘(A) conduct studies on the relative risks

13 of alternative disinfectants and the byproducts

14 of the disinfectants;

15 ‘‘(B) conduct studies on the microorga16 nisms that occur in drinking water and surveys

17 to identify highly susceptible populations that

18 are at greater risk of disease because of the

19 microorganisms found in drinking water;

20 ‘‘(C) conduct social science studies to bet21 ter evaluate how to weigh and analyze compet22 ing risks, such as risks associated with chemical

23 exposures versus microbial exposures in drink24 ing water;
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1 ‘‘(D) establish a national data base that

2 describes the occurrences of the synthetic or3 ganic chemicals found in drinking water, and

4 conduct studies to identify the relative contribu5 tions of the chemicals from poor quality source

6 water, highly treated wastewaters considered

7 for direct reuse, treatment processes, and mate8 rials used in plumbing or distribution systems;

9 ‘‘(E) conduct studies on inorganic and syn10 thetic organic chemicals to evaluate the effects

11 of treatment processes, such as coagulation and

12 chemical oxidation, on the level and toxic effects

13 of chemicals in drinking water and the potential

14 risks associated with the disposal of sludges and

15 other wastes resulting from drinking water

16 treatment; and

17 ‘‘(F) develop microbial models to predict

18 the impact of waterborne microorganisms on

19 community health, assess the costs and benefits

20 of control strategies, evaluate competing risks,

21 and develop and implement risk management

22 decisions.

23 ‘‘(4) PRIORITIZATION.—Congress finds that re24 search conducted under this section will be costly

25 and will require years to achieve. In light of the
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1 costs, a high priority for research under this section

2 should be placed on any substance in drinking water

3 that meets the following criteria:

4 ‘‘(A) The concentrations at which the sub5 stance is commonly found in drinking water are

6 sufficiently high to suggest that the substance

7 may significantly impact the public health as

8 judged by then current risk assessments.

9 ‘‘(B) There is significant concern over the

10 accuracy of then current assessments.

11 ‘‘(C) Viable and compelling hypotheses can

12 be proposed concerning potential mechanisms of

13 action that are amenable to testing.

14 ‘‘(D) Measurement of the substance and,

15 in the case of a chemical, the important

16 metabolites of the substance, in the body is fea17 sible.

18 ‘‘(E) There is significant concern over the

19 substance such that there is a need to develop

20 methods to measure the substance or the im21 portant metabolites of the substance, or both.

22 ‘‘(F) Regulation has the potential of im23 posing adverse impacts on public health, such

24 as dictating the use of a water treatment proc-
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1 ess that is less well proven or potentially more

2 toxic than the process in use.

3 ‘‘(5) RISK CHARACTERIZATION AND RISK MAN4 AGEMENT.—

5 ‘‘(A) IN GENERAL.—The Administrator

6 shall develop an integrated risk characterization

7 strategy for drinking water quality.

8 ‘‘(B) DEADLINES.—The strategy shall

9 be—

10 ‘‘(i) submitted to Congress not later

11 than 1 year after the date of enactment of

12 this subsection; and

13 ‘‘(ii) revised every 3 years thereafter.

14 ‘‘(C) PURPOSES.—The strategy shall—

15 ‘‘(i) define the policy of the Adminis16 trator for drinking water protection;

17 ‘‘(ii) describe the plans of the Admin18 istrator to conduct research, over the 12-

19 to 15-year period beginning on the date of

20 the submission or revision, to resolve the

21 uncertainties about drinking water risks;

22 ‘‘(iii) identify unmet needs, priorities

23 for study, how the results of the studies

24 may be used to better understand the risks

25 of drinking water exposures for near-term
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1 decisionmaking, and to improve the sci2 entific basis for decisionmaking over time;

3 and

4 ‘‘(iv) address the uncertainties that

5 will likely remain even after the research is

6 completed and what the uncertainties

7 imply for decisionmaking by the Adminis8 trator and for communicating the decisions

9 to the public and Congress.

10 ‘‘(j) SUBPOPULATIONS AT GREATER RISK.—The Ad11 ministrator shall conduct a continuing program of re12 search to identify groups within the general population

13 that may be at greater risk of adverse health effects due

14 to exposure to contaminants in drinking water than the

15 general population. The Administrator shall report to Con16 gress on the results of this research not later than 3 years

17 after the date of enactment of this subsection, and every

18 3 years thereafter, and indicate in the reports whether

19 there is any evidence that infants, children, pregnant

20 women, the elderly, individuals with a history of serious

21 illness, or other subpopulations that can be identified and

22 characterized are likely to experience elevated health risks,

23 including risks of cancer, from contaminants in drinking

24 water. In characterizing the health effects of drinking

25 water contaminants under this Act, the Administrator
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1 shall take into account all relevant factors, including the

2 margin of safety for variability in the general population

3 and the results of research required under this subsection

4 and other sound scientific evidence (including the 1993

5 and 1994 reports of the National Academy of Sciences)

6 regarding subpopulations at greater risk for adverse

7 health effects.’’.

8 SEC. 12. STATE DRINKING WATER PROGRAM FUNDING.

9 (a) PUBLIC WATER SYSTEM SUPERVISION PRO10 GRAM.—Section 1443(a) (42 U.S.C. 300j–2(a)) is amend11 ed—

12 (1) in paragraph (3)—

13 (A) by striking ‘‘(3) A grant’’ and insert14 ing the following:

15 ‘‘(3) AMOUNT OF GRANT.—

16 ‘‘(A) IN GENERAL.—A grant’’; and

17 (B) by adding at the end the following new

18 subparagraphs:

19 ‘‘(B) DETERMINATION OF COSTS.—In

20 order to determine the costs of a grant recipient

21 pursuant to this paragraph, the Administrator

22 shall, in cooperation with the States and not

23 later than 60 days after the date of enactment

24 of this subparagraph, establish a resource

25 model for the public water system supervision
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1 program and review and revise the model as

2 necessary.

3 ‘‘(C) STATE COST ADJUSTMENTS.—The

4 Administrator shall revise cost estimates used

5 in the resource model for any particular State

6 to reflect costs more likely to be experienced in

7 that State, if—

8 ‘‘(i) the State requests the modifica9 tion;

10 ‘‘(ii) the revised estimates assure full

11 and effective administration of the public

12 water system supervision program in the

13 States and the revised estimates do not

14 overstate the resources needed to admin15 ister such program; and

16 ‘‘(iii) the basis for the estimates are

17 used consistently under this title, including

18 for purposes of section 1474(a)(2) in each

19 fiscal year for which such section is appli20 cable.’’;

21 (2) in paragraph (7), by adding at the end a

22 period and the following new flush sentence: ‘‘For

23 the purpose of making grants under paragraph (1),

24 there are authorized to be appropriated such sums

25 as are necessary for each of fiscal years 1992 and
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1 1993 and $100,000,000 for each of fiscal years

2 1994 through 2000.’’; and

3 (3) by adding at the end the following new

4 paragraphs:

5 ‘‘(8) RESERVATION OF FUNDS BY THE ADMIN6 ISTRATOR.—If the Administrator assumes the pri7 mary enforcement responsibility of a State water

8 system supervision program, the Administrator may

9 reserve from funds made available pursuant to this

10 subsection, an amount equal to the amount that

11 would otherwise have been provided to the State

12 pursuant to this subsection. The Administrator shall

13 use the funds reserved pursuant to this paragraph to

14 ensure the full and effective administration of a pub15 lic water system supervision program in the State.

16 ‘‘(9) STATE LOAN FUNDS.—

17 ‘‘(A) IN GENERAL.—In addition to

18 amounts made available pursuant to paragraph

19 (8), the Administrator may use the amount re20 served pursuant to subparagraph (B) for the

21 administration of the public water system su22 pervision program of States in which the Ad23 ministrator implements the program.

24 ‘‘(B) RESERVATION OF FUNDS.—For any

25 fiscal year for which the amounts made avail-
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1 able to the Administrator by appropriation are

2 less than the amount the Administrator deter3 mines is needed to supplement funds made

4 available pursuant to paragraph (8) and ensure

5 the full and effective administration of a public

6 water system supervision program in a State,

7 the Administrator may reserve from funds

8 made available to the State pursuant to section

9 1479 the difference between the amounts.’’.

10 (b) STATE GROUND WATER PROTECTION GRANTS.—

11 Section 1443 (42 U.S.C. 300j–2) is amended—

12 (1) by redesignating subsection (c) as sub13 section (d); and

14 (2) by inserting after subsection (b) the follow15 ing new subsection:

16 ‘‘(c) STATE GROUND WATER PROTECTION

17 GRANTS.—

18 ‘‘(1) IN GENERAL.—The Administrator may

19 make a grant to a State for the development and im20 plementation of a State program to ensure the co21 ordinated and comprehensive protection of ground

22 water resources within the State.

23 ‘‘(2) GUIDANCE.—Not later than 1 year after

24 the date of enactment of the Safe Drinking Water

25 Act Amendments of 1994, and annually thereafter,
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1 the Administrator shall publish guidance that estab2 lishes procedures for application for State ground

3 water protection program assistance and that identi4 fies key elements of State ground water protection

5 programs.

6 ‘‘(3) CONDITIONS OF GRANTS.—

7 ‘‘(A) IN GENERAL.—The Administrator

8 shall award grants to States that submit an ap9 plication that is approved by the Administrator.

10 The Administrator shall determine the amount

11 of a grant awarded pursuant to this paragraph

12 on the basis of an assessment of the extent of

13 ground water resources in the State and the

14 likelihood that awarding the grant will result in

15 sustained and reliable protection of ground

16 water quality.

17 ‘‘(B) INNOVATIVE PROGRAM GRANTS.—

18 The Administrator may also award a grant pur19 suant to this paragraph for innovative programs

20 proposed by a State for the prevention of

21 ground water contamination.

22 ‘‘(C) ALLOCATION OF FUNDS.—The Ad23 ministrator shall, at a minimum, ensure that,

24 for each fiscal year, not less than 1 percent of

25 funds made available to the Administrator by
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1 appropriations to carry out this subsection are

2 allocated to each State that submits an applica3 tion that is approved by the Administrator pur4 suant to this subsection.

5 ‘‘(D) LIMITATION ON GRANTS.—No grant

6 awarded by the Administrator may be used for

7 a project to remediate ground water contamina8 tion.

9 ‘‘(4) COORDINATION WITH OTHER GRANT PRO10 GRAMS.—The awarding of grants by the Adminis11 trator pursuant to this subsection shall be coordi12 nated with the awarding of grants pursuant to sec13 tion 319(i) of the Federal Water Pollution Control

14 Act (33 U.S.C. 1329(i)) and the awarding of other

15 Federal grant assistance that provides funding for

16 programs related to ground water protection.

17 ‘‘(5) AMOUNT OF GRANTS.—The amount of a

18 grant awarded pursuant to paragraph (1) shall not

19 exceed 50 percent of the eligible costs of carrying

20 out the ground water protection program that is the

21 subject of the grant (as determined by the Adminis22 trator) for the 1-year period beginning on the date

23 that the grant is awarded. The State shall pay a

24 State share to cover the costs of the ground water

25 protection program from State funds in an amount
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1 that is not less than 50 percent of the cost of con2 ducting the program.

3 ‘‘(6) EVALUATIONS AND REPORTS.—Not later

4 than 3 years after the date of enactment of the Safe

5 Drinking Water Act Amendments of 1994, and

6 every 3 years thereafter, the Administrator shall

7 evaluate the State ground water protection programs

8 that are the subject of grants awarded pursuant to

9 this subsection and report to Congress on the status

10 of ground water quality in the United States and the

11 effectiveness of State programs for ground water

12 protection.

13 ‘‘(7) AUTHORIZATION OF APPROPRIATIONS.—

14 There are authorized to be appropriated to the Envi15 ronmental Protection Agency to carry out this sub16 section $20,000,000 for each of fiscal years 1995

17 through 2000.’’.

18 (c) UNDERGROUND INJECTION CONTROL GRANT.—

19 Section 1443(b)(5) (42 U.S.C. 300j–2(b)(5)) is amended

20 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.’’.
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1 SEC. 13. INFORMATION AND INSPECTIONS.

2 (a) INFORMATION GATHERING.—Subparagraph (A)

3 of section 1445(a)(1) (42 U.S.C. 300j–4(a)(1)) (as des4 ignated by section 4(g)(1)(A)) is amended by striking

5 ‘‘such information as the Administrator may reasonably

6 require’’ and all that follows through the period at the end

7 and inserting the following: ‘‘such information as the Ad8 ministrator may reasonably require—

9 ‘‘(i) to assist the Administrator in establishing

10 regulations under this title or to assist the Adminis11 trator in determining, on a case-by-case basis,

12 whether the person has acted or is acting in compli13 ance with this title; and

14 ‘‘(ii) by regulation to assist the Administrator

15 in determining compliance with national primary

16 drinking water regulations promulgated under sec17 tion 1412 or in administering any program of finan18 cial assistance under this title.’’.

19 (b) INSPECTIONS.—Subsections (b) and (c) of section

20 1445 (42 U.S.C. 300j–4) are amended to read as follows:

21 ‘‘(b) INSPECTIONS.—

22 ‘‘(1) IN GENERAL.—The Administrator, or the

23 authorized representative of the Administrator (in24 cluding an authorized contractor acting as a rep25 resentative of the Administrator), on presentation of
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1 appropriate credentials to any person who is or may

2 be subject to—

3 ‘‘(A) a national primary drinking water

4 regulation prescribed pursuant to section 1412;

5 ‘‘(B) an applicable underground injection

6 control program;

7 ‘‘(C) any requirement to monitor an un8 regulated contaminant pursuant to subsection

9 (a); or

10 ‘‘(D) any other requirement of this title,

11 or to a person in charge of any of the property of

12 a person referred to in subparagraph (A), (B), (C),

13 or (D) (or the senior employee present at the site),

14 is authorized to enter any establishment, facility, or

15 other property of a person referred to in subpara16 graph (A), (B), (C), or (D).

17 ‘‘(2) PURPOSES OF INSPECTIONS.—The Admin18 istrator or an authorized representative of the Ad19 ministrator may enter an establishment, facility, or

20 other property pursuant to paragraph (1)—

21 ‘‘(A) in order to determine whether a per22 son has acted or is acting in compliance with

23 this title, including for this purpose, inspecting,

24 at reasonable times, records, files, papers, proc25 esses, controls, and facilities; or
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1 ‘‘(B) in order to test any feature of a pub2 lic water system, including the raw water source

3 of the system.

4 ‘‘(3) ACCESS TO RECORDS.—The Administrator

5 or the Comptroller General of the United States (or

6 any authorized representative designated by the Ad7 ministrator or the Comptroller General of the United

8 States) shall have access for the purpose of audit

9 and examination to any record, report, or informa10 tion of a person or grantee that—

11 ‘‘(A) is required to be maintained under

12 subsection (a); or

13 ‘‘(B) is pertinent to any financial assist14 ance provided pursuant to this title.

15 ‘‘(4) SCHEDULE OF INSPECTIONS.—

16 ‘‘(A) IN GENERAL.—The Administrator or

17 authorized representative of the Administrator

18 shall conduct inspections undertaken pursuant

19 to this subsection during the normal operating

20 hours of the establishment, facility, or other

21 property.

22 ‘‘(B) SMALL SYSTEMS.—For a public

23 water system serving a population of 3,300 or

24 less, the Administrator or authorized represent-
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1 ative of the Administrator shall, to the extent

2 practicable—

3 ‘‘(i) notify the person referred to in

4 paragraph (1), at least 3 days before the

5 inspection, of the time when the inspection

6 is scheduled to occur, and

7 ‘‘(ii) schedule the inspection at a mu8 tually convenient time.

9 ‘‘(C) WAIVER.—The Administrator or an

10 authorized representative of the Administrator

11 may waive the requirements of subparagraphs

12 (A) or (B) if the Administrator or authorized

13 representative of the Administrator determines

14 that it may be necessary to conduct an inspec15 tion to protect public health.

16 ‘‘(c) COMPLIANCE.—Any person, who is subject to

17 any requirement of this title (including a person that the

18 Administrator determines may be subject to a requirement

19 of this title), shall—

20 ‘‘(1) comply with the requirements of subsection

21 (a);

22 ‘‘(2) allow the Administrator or the authorized

23 representative of the Administrator to enter and

24 make determinations and test and take samples pur-
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1 suant to paragraphs (1) and (2) of subsection (b);

2 and

3 ‘‘(3) allow the Administrator, the Comptroller

4 General of the United States, or an authorized rep5 resentative of the Administrator or the Comptroller

6 General of the United States, to have access to,

7 audit, and examine records, reports, and information

8 pursuant to subsection (b)(3).’’.

9 SEC. 14. FEDERAL AGENCIES.

10 (a) IN GENERAL.—Subsections (a) and (b) of section

11 1447 (42 U.S.C. 300j–6) are amended to read as follows:

12 ‘‘(a) COMPLIANCE.—

13 ‘‘(1) IN GENERAL.—Each Federal agency shall

14 be subject to, and comply with, all Federal, State,

15 interstate, and local substantive and procedural re16 quirements, administrative authorities, and process

17 and sanctions concerning the provision of safe drink18 ing water or underground injection in the same

19 manner, and to the same extent, as any nongovern20 mental entity is subject to, and shall comply with,

21 the requirements, authorities, and process and sanc22 tions.

23 ‘‘(2) ADMINISTRATIVE ORDERS AND PEN24 ALTIES.—The Federal, State, interstate, and local

25 substantive and procedural requirements, adminis-
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1 trative authorities, and process and sanctions re2 ferred to in paragraph (1) include all administrative

3 orders and all civil and administrative penalties or

4 fines, regardless of whether the penalties or fines are

5 punitive or coercive in nature or are imposed for iso6 lated, intermittent, or continuing violations.

7 ‘‘(3) LIMITED WAIVER OF SOVEREIGN IMMU8 NITY.—The United States expressly waives any im9 munity otherwise applicable to the United States

10 with respect to any requirement, administrative au11 thority, or process or sanction referred to in para12 graph (2) (including any injunctive relief, adminis13 trative order, or civil or administrative penalty or

14 fine referred to in paragraph (2), or reasonable serv15 ice charge). The reasonable service charge referred

16 to in the preceding sentence includes a fee or charge

17 assessed in connection with the processing, issuance,

18 renewal, or amendment of a permit, variance, or ex19 emption, review of a plan, study, or other document,

20 or inspection or monitoring of a facility, as well as

21 any other nondiscriminatory charge that is assessed

22 in connection with a Federal, State, interstate, or

23 local safe drinking water regulatory program.

24 ‘‘(4) CIVIL PENALTIES.—No agent, employee,

25 or officer of the United States shall be personally
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1 liable for any civil penalty under this subsection with

2 respect to any act or omission within the scope of

3 the official duties of the agent, employee, or officer.

4 ‘‘(5) CRIMINAL SANCTIONS.—An agent, em5 ployee, or officer of the United States may be sub6 ject to a criminal sanction under a State, interstate,

7 or local law concerning the provision of drinking

8 water or underground injection. No department,

9 agency, or instrumentality of the executive, legisla10 tive, or judicial branch of the Federal Government

11 shall be subject to a sanction referred to in the pre12 ceding sentence.

13 ‘‘(b) WAIVER OF COMPLIANCE.—

14 ‘‘(1) IN GENERAL.—The President may waive

15 compliance with subsection (a) by any department,

16 agency, or instrumentality in the executive branch if

17 the President determines waiving compliance with

18 such subsection to be in the paramount interest of

19 the United States.

20 ‘‘(2) WAIVERS DUE TO LACK OF APPROPRIA21 TIONS.—No waiver described in paragraph (1) shall

22 be granted due to the lack of an appropriation un23 less the President has specifically requested the ap24 propriation as part of the budgetary process and
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1 Congress has failed to make available the requested

2 appropriation.

3 ‘‘(3) PERIOD OF WAIVER.—A waiver under this

4 subsection shall be for a period of not to exceed 1

5 year, but an additional waiver may be granted for a

6 period of not to exceed 1 year on the termination of

7 a waiver if the President reviews the waiver and

8 makes a determination that it is in the paramount

9 interest of the United States to grant an additional

10 waiver.

11 ‘‘(4) REPORT.—Not later than January 31 of

12 each year, the President shall report to Congress on

13 each waiver granted pursuant to this subsection dur14 ing the preceding calendar year, together with the

15 reason for granting the waiver.’’.

16 (b) CITIZEN ENFORCEMENT.—The first sentence of

17 section 1449(a) (42 U.S.C. 300j–8(a)) is amended—

18 (1) in paragraph (1), by striking ‘‘, or’’ and in19 serting a semicolon;

20 (2) in paragraph (2), by striking the period at

21 the end and inserting ‘‘; or’’; and

22 (3) by adding at the end the following new

23 paragraph:

24 ‘‘(3) for the collection of a penalty (and associ25 ated costs and interest) against any Federal agency
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1 that fails, by the date that is 1 year after the effec2 tive date of a final order to pay a penalty assessed

3 by the Administrator pursuant to section 1414(c), to

4 pay the penalty.’’.

5 (c) CONFORMING AMENDMENTS.—Subsection (c) of

6 section 1447 (42 U.S.C. 300j–6(c)) is amended—

7 (1) by striking ‘‘(c)(1)’’ and inserting the fol8 lowing:

9 ‘‘(c) INDIANS.—

10 ‘‘(1) INDIAN LANDS.—’’; and

11 (2) in paragraph (2), by striking ‘‘(2) For’’ and

12 inserting the following:

13 ‘‘(2) DEFINITION OF FEDERAL AGENCY.—For’’.

14 SEC. 15. ASSESSING ENVIRONMENTAL PRIORITIES, COSTS,

15 AND BENEFITS.

16 (a) DEFINITIONS.—As used in this section:

17 (1) ADMINISTRATOR.—The term ‘‘Adminis18 trator’’ means the Administrator of the Environ19 mental Protection Agency.

20 (2) ADVERSE EFFECT ON HUMAN HEALTH.—

21 The term ‘‘adverse effect on human health’’ includes

22 any increase in the rate of death or serious illness,

23 including disease, cancer, birth defects, reproductive

24 dysfunction, developmental effects (including effects
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1 on the endocrine and nervous systems), and other

2 impairments in bodily functions.

3 (3) RISK.—The term ‘‘risk’’ means the likeli4 hood of an occurrence of an adverse effect on human

5 health, the environment, or public welfare.

6 (4) SOURCE OF POLLUTION.—The term ‘‘source

7 of pollution’’ means a category or class of facilities

8 or activities that alter the chemical, physical, or bio9 logical character of the natural environment.

10 (b) FINDINGS.—Congress finds that—

11 (1) cost-benefit analysis and risk assessment

12 are useful but imperfect tools that serve to enhance

13 the information available in developing environ14 mental regulations and programs;

15 (2) cost-benefit analysis and risk assessment

16 can also serve as useful tools in setting priorities

17 and evaluating the success of environmental protec18 tion programs;

19 (3) cost and risk are not the only factors that

20 need to be considered in evaluating environmental

21 programs as other factors, including values and eq22 uity, must also be considered;

23 (4) cost-benefit analysis and risk assessment

24 should be presented with a clear statement of the

25 uncertainties in the analysis or assessment;
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1 (5) current methods for valuing ecological re2 sources and assessing intergenerational effects of

3 sources of pollution need further development before

4 integrated rankings of sources of pollution based on

5 the factors referred to in paragraph (3) can be used

6 with high levels of confidence;

7 (6) methods to assess and describe the risks of

8 adverse human health effects, other than cancer,

9 need further development before integrated rankings

10 of sources of pollution based on the risk to human

11 health can be used with high levels of confidence;

12 (7) periodic reports by the Administrator on the

13 costs and benefits of regulations promulgated under

14 Federal environmental laws, and other Federal ac15 tions with impacts on human health, the environ16 ment, or public welfare, will provide Congress and

17 the general public with a better understanding of—

18 (A) national environmental priorities; and

19 (B) expenditures being made to achieve re20 ductions in risk to human health, the environ21 ment, and public welfare; and

22 (8) periodic reports by the Administrator on the

23 costs and benefits of environmental regulations will

24 also—
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1 (A) provide Congress and the general pub2 lic with a better understanding of the strengths,

3 weaknesses, and uncertainties of cost-benefit

4 analysis and risk assessment and the research

5 needed to reduce major uncertainties; and

6 (B) assist Congress and the general public

7 in evaluating environmental protection regula8 tions and programs, and other Federal actions

9 with impacts on human health, the environ10 ment, or public welfare, to determine the extent

11 to which the regulations, programs, and actions

12 adequately and fairly protect affected segments

13 of society.

14 (c) REPORT ON ENVIRONMENTAL PRIORITIES,

15 COSTS, AND BENEFITS.—

16 (1) RANKING.—

17 (A) IN GENERAL.—The Administrator

18 shall identify and, taking into account available

19 data, to the extent practicable, rank sources of

20 pollution with respect to the relative degree of

21 risk of adverse effects on human health, the en22 vironment, and public welfare.

23 (B) METHOD OF RANKING.—In carrying

24 out the rankings under subparagraph (A), the

25 Administrator shall—
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1 (i) rank the sources of pollution con2 sidering the extent and duration of the

3 risk; and

4 (ii) take into account broad societal

5 values, including the role of natural re6 sources in sustaining economic activity into

7 the future.

8 (2) EVALUATION OF REGULATORY AND OTHER

9 COSTS.—In addition to carrying out the rankings

10 under paragraph (1), the Administrator shall esti11 mate the private and public costs associated with

12 each source of pollution and the costs and benefits

13 of complying with regulations designed to protect

14 against risks associated with the sources of pollu15 tion; and

16 (3) EVALUATION OF OTHER FEDERAL AC17 TIONS.—In addition to carrying out the require18 ments of paragraphs (1) and (2), the Administrator

19 shall also estimate the private and public costs and

20 benefits associated with selected major Federal ac21 tions chosen by the Administrator that have the

22 most significant impact on human health or the en23 vironment, including the direct development projects,

24 grant and loan programs to support infrastructure

25 construction and repair, and permits, licenses, and
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1 leases to use natural resources or to release pollution

2 to the environment, and other similar actions.

3 (4) RISK REDUCTION OPPORTUNITIES.—In as4 sessing risks, costs, and benefits as provided in

5 paragraphs (1) and (2), the Administrator shall also

6 identify reasonable opportunities to achieve signifi7 cant risk reduction through modifications in environ8 mental regulations and programs and other Federal

9 actions with impacts on human health, the environ10 ment, or public welfare.

11 (5) UNCERTAINTIES.—In evaluating the risks

12 referred to in paragraphs (1) and (2), the Adminis13 trator shall—

14 (A) identify the major uncertainties associ15 ated with the risks;

16 (B) explain the meaning of the uncertain17 ties in terms of interpreting the ranking and

18 evaluation; and

19 (C) determine—

20 (i) the type and nature of research

21 that would likely reduce the uncertainties;

22 and

23 (ii) the cost of conducting the re24 search.
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1 (6) CONSIDERATION OF BENEFITS.—In carry2 ing out this section, the Administrator shall consider

3 and, to the extent practicable, estimate the monetary

4 value, and such other values as the Administrator

5 determines to be appropriate, of the benefits associ6 ated with reducing risk to human health and the en7 vironment, including—

8 (A) avoiding premature mortality;

9 (B) avoiding cancer and noncancer dis10 eases that reduce the quality of life;

11 (C) preserving biological diversity and the

12 sustainability of ecological resources;

13 (D) maintaining an aesthetically pleasing

14 environment;

15 (E) valuing services performed by

16 ecosystems (such as flood mitigation, provision

17 of food or material, or regulating the chemistry

18 of the air or water) that, if lost or degraded,

19 would have to be replaced by technology;

20 (F) avoiding other risks identified by the

21 Administrator; and

22 (G) considering the benefits even if it is

23 not possible to estimate the monetary value of

24 the benefits in exact terms.

25 (7) REPORTS.—
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1 (A) PRELIMINARY REPORT.—Not later

2 than 1 year after the date of enactment of this

3 Act, the Administrator shall report to Congress

4 on the sources of pollution and other Federal

5 actions that the Administrator will address, and

6 the approaches and methodology the Adminis7 trator will use, in carrying out the rankings and

8 evaluations under this section. The report shall

9 also include an evaluation by the Administrator

10 of the need for the development of methodolo11 gies to carry out the ranking.

12 (B) PERIODIC REPORT.—

13 (i) IN GENERAL.—On completion of

14 the ranking and evaluations conducted by

15 the Administrator under this section, but

16 not later than 3 years after the date of en17 actment of this Act, and every 3 years

18 thereafter, the Administrator shall report

19 the findings of the rankings and evalua20 tions to Congress and make the report

21 available to the general public.

22 (ii) EVALUATION OF RISKS.—Each

23 periodic report prepared pursuant to this

24 subparagraph shall, to the extent prac25 ticable, evaluate risk management deci-
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1 sions under Federal environmental laws,

2 including title XIV of the Public Health

3 Service Act (commonly known as the ‘‘Safe

4 Drinking Water Act’’) (42 U.S.C. 300f et

5 seq.), that present inherent and unavoid6 able choices between competing risks, in7 cluding risks of controlling microbial ver8 sus disinfection contaminants in drinking

9 water. Each periodic report shall address

10 the policy of the Administrator concerning

11 the most appropriate methods of weighing

12 and analyzing the risks, and shall incor13 porate information concerning—

14 (I) the severity and certainty of

15 any adverse effect on human health,

16 the environment, or public welfare;

17 (II) whether the effect is imme18 diate or delayed;

19 (III) whether the burden associ20 ated with the adverse effect is borne

21 disproportionately by a segment of the

22 general population or spread evenly

23 across the general population; and

24 (IV) whether a threatened ad25 verse effect can be eliminated or rem-
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1 edied by the use of an alternative

2 technology or a protection mechanism.

3 (d) IMPLEMENTATION.—In carrying out this section,

4 the Administrator shall—

5 (1) consult with the appropriate officials of

6 other Federal agencies and State and local govern7 ments, members of the academic community, rep8 resentatives of regulated businesses and industry,

9 representatives of citizen groups, and other knowl10 edgeable individuals to develop, evaluate, and inter11 pret scientific and economic information;

12 (2) make available to the general public the in13 formation on which rankings and evaluations under

14 this section are based; and

15 (3) establish, not later than 24 months after

16 the date of enactment of this Act, methods for deter17 mining costs and benefits of environmental regula18 tions and other Federal actions, including the valu19 ation of natural resources and intergenerational

20 costs and benefits, by rule after notice and oppor21 tunity for public comment.

22 (e) REVIEW BY THE SCIENCE ADVISORY BOARD.—

23 Before the Administrator submits a report prepared under

24 this section to Congress, the Science Advisory Board, es25 tablished by section 8 of the Environmental Research, De-
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1 velopment, and Demonstration Act of 1978 (42 U.S.C.

2 4365), shall conduct a technical review of the report in

3 a public session.

4 SEC. 16. BOTTLED DRINKING WATER STANDARDS.

5 Section 410 of the Federal Food, Drug, and Cosmetic

6 Act (21 U.S.C. 349) is amended—

7 (1) by striking ‘‘Whenever’’ and inserting ‘‘(a)

8 Except as provided in subsection (b), whenever’’;

9 and

10 (2) by adding at the end following new sub11 section:

12 ‘‘(b)(1) After the Administrator of the Environmental

13 Protection Agency publishes a proposed maximum con14 taminant level, but not later than 180 days after the Ad15 ministrator of the Environmental Protection Agency pub16 lishes a final maximum contaminant level, for a contami17 nant under section 1412 of the Public Health Service Act

18 (42 U.S.C. 300g-1), the Secretary, after public notice and

19 comment, shall issue a regulation that establishes a qual20 ity level for the contaminant in bottled water or make a

21 finding that a regulation is not necessary to protect the

22 public health because the contaminant is contained in

23 water in the public water systems (as defined under sec24 tion 1401(4) of such Act (42 U.S.C. 300f(4)) and not in

25 water used for bottled drinking water.
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1 ‘‘(2) The regulation shall include any monitoring re2 quirements that the Secretary determines appropriate for

3 bottled water.

4 ‘‘(3) The regulation—

5 ‘‘(A) shall require that the quality level for the

6 contaminant in bottled water be as stringent as the

7 maximum contaminant level for the contaminant

8 published by the Administrator of the Environ9 mental Protection Agency; and

10 ‘‘(B) may require that the quality level be more

11 stringent than the maximum contaminant level if

12 necessary to provide ample public health protection

13 under this Act.

14 ‘‘(4)(A) If the Secretary fails to establish a regulation

15 within the 180-day period described in paragraph (1), the

16 regulation with respect to the final maximum contaminant

17 level published by the Administrator of the Environmental

18 Protection Agency (as described in such paragraph) shall

19 be considered, as of the date on which the Secretary is

20 required to establish a regulation under paragraph (1), as

21 the final regulation for the establishment of the quality

22 level for a contaminant required under paragraph (1) for

23 the purpose of establishing or amending a bottled water

24 quality level standard with respect to the contaminant.
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1 ‘‘(B) Not later than 30 days after the end of the 180-

2 day period described in paragraph (1), the Secretary shall,

3 with respect to a maximum contaminant level that is con4 sidered as a quality level under subparagraph (A), publish

5 a notice in the Federal Register that sets forth the quality

6 level and appropriate monitoring requirements required

7 under paragraphs (1) and (2) and that provides that the

8 quality level standard and requirements shall take effect

9 on the date on which the final regulation of the maximum

10 contaminant level takes effect.’’.

11 SEC. 17. RESEARCH PLAN FOR HARMFUL SUBSTANCES IN

12 DRINKING WATER.

13 Section 1412 (42 U.S.C. 300g–1) is amended by add14 ing at the end the following new subsection:

15 ‘‘(f) RESEARCH PLAN FOR HARMFUL SUBSTANCES

16 IN DRINKING WATER.—

17 ‘‘(1) DEVELOPMENT OF PLAN.—The Adminis18 trator shall—

19 ‘‘(A) not later than September 30, 1994,

20 develop a research plan to support the develop21 ment and implementation of the most current

22 version of the—

23 ‘‘(i) enhanced surface water treatment

24 rule (announced at 59 Fed. Reg. 6332

25 (February 10, 1994));
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1 ‘‘(ii) disinfectant and disinfection by2 products rule (Stage 2) (announced at 59

3 Fed. Reg. 6332 (February 10, 1994)); and

4 ‘‘(iii) ground water disinfection rule

5 (availability of draft summary announced

6 at 57 Fed. Reg. 33960 (July 31, 1992));

7 and

8 ‘‘(B) carry out the research plan.

9 ‘‘(2) CONTENTS OF PLAN.—

10 ‘‘(A) IN GENERAL.—The research plan

11 shall include, at a minimum—

12 ‘‘(i) an identification and character13 ization of new disinfection byproducts asso14 ciated with the use of different disinfect15 ants;

16 ‘‘(ii) toxicological and epidemiological

17 studies to determine what levels of expo18 sure from disinfectants and disinfection by19 products, if any, may be associated with

20 developmental and birth defects and other

21 potential toxic end points;

22 ‘‘(iii) toxicological and epidemiological

23 studies to quantify the carcinogenic poten24 tial from exposure to disinfection byprod25 ucts resulting from different disinfectants;
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1 ‘‘(iv) the development of practical an2 alytical methods for enumerating microbial

3 contaminants, including giardia, crypto4 sporidium, and viruses;

5 ‘‘(v) the development of dose-response

6 curves for pathogens, including crypto7 sporidium and the Norwalk virus;

8 ‘‘(vi) the development of indicators

9 that define treatment effectiveness for

10 pathogens and disinfection byproducts; and

11 ‘‘(vii) bench, pilot, and full-scale stud12 ies and demonstration projects to evaluate

13 optimized conventional treatment, ozone,

14 granular activated carbon, and membrane

15 technology for controlling pathogens (in16 cluding cryptosporidium) and disinfection

17 byproducts.

18 ‘‘(B) RISK DEFINITION STRATEGY.—The

19 research plan shall include a strategy for deter20 mining the risks and estimated extent of dis21 ease resulting from pathogens, disinfectants,

22 and disinfection byproducts in drinking water,

23 and how the risks can most effectively be con24 trolled, taking into consideration the costs of
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1 various control methods and the sizes of various

2 systems.

3 ‘‘(3) IMPLEMENTATION OF PLAN.—In carrying

4 out the research plan, the Administrator shall use

5 the most cost-effective mechanisms available, includ6 ing coordination of research with, and use of match7 ing funds from institutions and utilities.

8 ‘‘(4) AUTHORIZATION OF APPROPRIATIONS.—

9 There are authorized to be appropriated to carry out

10 this subsection $12,500,000 for each of fiscal years

11 1995 through 1998.’’.

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

13 (a) REQUIREMENT.—Except as provided in sub14 section (b), in promulgating any proposed or final major

15 regulation relating to human health or the environment,

16 the Administrator of the Environmental Protection Agen17 cy shall publish in the Federal Register along with the

18 regulation a clear and concise statement that—

19 (1) describes and, to the extent practicable,

20 quantifies the risks to human health or the environ21 ment to be addressed by the regulation (including,

22 where applicable and practicable, the human health

23 risks to significant subpopulations who are dis24 proportionately exposed or particularly sensitive);
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1 (2) compares the human health or environ2 mental risks to be addressed by the regulation to

3 other risks chosen by the Administrator, including—

4 (A) at least three other risks regulated by

5 the Environmental Protection Agency or an6 other Federal agency; and

7 (B) at least three other risks that are not

8 directly regulated by the Federal Government;

9 (3) estimates—

10 (A) the costs to the United States Govern11 ment, State and local governments, and the pri12 vate sector of implementing and complying with

13 the regulation; and

14 (B) the benefits of the regulation;

15 including both quantifiable measures of costs and

16 benefits, to the fullest extent that they can be esti17 mated, and qualitative measures that are difficult to

18 quantify; and

19 (4) contains a certification by the Adminis20 trator that—

21 (A) the analyses performed under sub22 section (a)(1) through (a)(3) are based on the

23 best reasonably obtainable scientific informa24 tion;
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1 (B) the regulation is likely to significantly

2 reduce the human health or environmental risks

3 to be addressed;

4 (C) there is no regulatory alternative that

5 is allowed by the statute under which the regu6 lation is promulgated and that would achieve an

7 equivalent reduction in risk in a more cost-ef8 fective manner, along with a brief explanation

9 of why other such regulatory alternatives that

10 were considered by the Administrator were

11 found to be less cost-effective; and

12 (D) the regulation is likely to produce ben13 efits to human health or the environment that

14 will justify the costs to the United States Gov15 ernment, State and local governments, and the

16 private sector of implementing and complying

17 with the regulation.

18 (b) SUBSTANTIALLY SIMILAR FINAL REGULA19 TIONS.—If the Administrator determines that a final

20 major regulation is substantially similar to the proposed

21 version of the regulation with respect to each of the mat22 ters referred to in subsection (a), the Administrator may

23 publish in the Federal Register a reference to the state24 ment published under subsection (a) for the proposed reg-
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1 ulation in lieu of publishing a new statement for the final

2 regulation.

3 (c) REPORTING.—If the Administrator cannot certify

4 with respect to one or more of the matters addressed in

5 subsection (a)(4), the Administrator shall identify those

6 matters for which certification cannot be made, and shall

7 include a statement of the reasons therefor in the Federal

8 Register along with the regulation. Not later than March

9 1 of each year, the Administrator shall submit a report

10 to Congress identifying those major regulations promul11 gated during the previous calendar year for which com12 plete certification was not made, and summarizing the rea13 sons therefor.

14 (d) OTHER REQUIREMENTS.—Nothing in this section

15 affects any other provision of Federal law, or changes the

16 factors that the Administrator is authorized to consider

17 in promulgating a regulation pursuant to any statute, or

18 shall delay any action required to meet a deadline imposed

19 by statute or a court.

20 (e) JUDICIAL REVIEW.—Nothing in this section cre21 ates any right to judicial or administrative review, nor cre22 ates any right or benefit, substantive or procedural, en23 forceable at law of equity by a party against the United

24 States, its agencies or instrumentalities, its officers or em25 ployees, or any other person. If a major regulation is sub-
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1 ject to judicial or administrative review under any other

2 provision of law, the adequacy of the certification prepared

3 pursuant to this section, and any alleged failure to comply

4 with this section, may not be used as grounds for affecting

5 or invalidating such major regulation, although the state6 ments and information prepared pursuant to this section,

7 including statements contained in the certification, may

8 be considered as part of the record for judicial or adminis9 trative review conducted under such other provision of law.

10 (f) DEFINITION OF MAJOR REGULATION.—For pur11 poses of this section, ‘‘major regulation’’ means a regula12 tion that the Administrator determines may have an effect

13 on the economy of $100,000,000 or more in any one year.

14 (g) EFFECTIVE DATE.—This section shall take effect

15 180 days after the date of enactment of this Act.

16 SEC. 19. PRIVATE PROPERTY RIGHTS.

17 (a) SHORT TITLE.—This section may be cited as the

18 ‘‘Private Property Rights Act of 1994’’.

19 (b) FINDINGS.—The Congress finds that—

20 (1) the protection of private property from a

21 taking by the Government without just compensation

22 is an integral protection for private citizens incor23 porated into the Constitution by the Fifth Amend24 ment and made applicable to the States by the

25 Fourteenth Amendment; and
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1 (2) Federal agencies should take into consider2 ation the impact of Governmental actions on the use

3 and ownership of private property.

4 (c) PURPOSE.—The Congress, recognizing the impor5 tant role that the use and ownership of private property

6 plays in ensuring the economic and social well-being of the

7 Nation, declares that the Federal Government should pro8 tect the health, safety, and welfare of the public and, in

9 doing so, to the extent practicable, avoid takings of private

10 property.

11 (d) DEFINITIONS.—For purposes of this section—

12 (1) the term ‘‘agency’’ means an Executive

13 agency as defined under section 105 of title 5, Unit14 ed States Code, and—

15 (A) includes the United States Postal

16 Service; and

17 (B) does not include the General Account18 ing Office; and

19 (2) the term ‘‘taking of private property’’

20 means any action whereby private property is taken

21 in such a way as to require compensation under the

22 Fifth Amendment to the United States Constitution.

23 (e) PRIVATE PROPERTY TAKING IMPACT ANALY24 SIS.—
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1 (1) IN GENERAL.—The Congress authorizes

2 and directs that, to the fullest extent possible—

3 (A) the policies, regulations, and public

4 laws of the United States shall be interpreted

5 and administered in accordance with the poli6 cies under this section; and

7 (B) all agencies of the Federal Government

8 shall complete a private property taking impact

9 analysis before issuing or promulgating any pol10 icy, regulation, proposed legislation, or related

11 agency action which is likely to result in a tak12 ing of private property, except that—

13 (i) this subparagraph shall not apply

14 to—

15 (I) an action in which the power

16 of eminent domain is formally exer17 cised;

18 (II) an action taken—

19 (aa) with respect to property

20 held in trust by the United

21 States; or

22 (bb) in preparation for, or in

23 connection with, treaty negotia24 tions with foreign nations;
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1 (III) a law enforcement action,

2 including seizure, for a violation of

3 law, of property for forfeiture or as

4 evidence in a criminal proceeding;

5 (IV) a study or similar effort or

6 planning activity;

7 (V) a communication between an

8 agency and a State or local land-use

9 planning agency concerning a planned

10 or proposed State or local activity

11 that regulates private property, re12 gardless of whether the communica13 tion is initiated by an agency or is un14 dertaken in response to an invitation

15 by the State or local authority;

16 (VI) the placement of a military

17 facility or a military activity involving

18 the use of solely Federal property;

19 and

20 (VII) any military or foreign af21 fairs function (including a procure22 ment function under a military or for23 eign affairs function), but not includ24 ing the civil works program of the

25 Army Corps of Engineers; and
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1 (ii) in a case in which there is an im2 mediate threat to health or safety that con3 stitutes an emergency requiring immediate

4 response or the issuance of a regulation

5 pursuant to section 553(b)(B) of title 5,

6 United States Code, the taking impact

7 analysis may be completed after the emer8 gency action is carried out or the regula9 tion is published.

10 (2) CONTENT OF ANALYSIS.—A private prop11 erty taking impact analysis shall be a written state12 ment that includes—

13 (A) the specific purpose of the policy, regu14 lation, proposal, recommendation, or related

15 agency action;

16 (B) an assessment of the likelihood that a

17 taking of private property will occur under such

18 policy, regulation, proposal, recommendation, or

19 related agency action;

20 (C) an evaluation of whether such policy,

21 regulation, proposal, recommendation, or relat22 ed agency action is likely to require compensa23 tion to private property owners;

24 (D) alternatives to the policy, regulation,

25 proposal, recommendation, or related agency ac-
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1 tion that would achieve the intended purposes

2 of the agency action and lessen the likelihood

3 that a taking of private property will occur; and

4 (E) an estimate of the potential liability of

5 the Federal Government if the Government is

6 required to compensate a private property

7 owner.

8 (3) SUBMISSION TO OMB.—Each agency shall

9 provide an analysis required by this section as part

10 of any submission otherwise required to be made to

11 the Office of Management and Budget in conjunc12 tion with the proposed regulation.

13 (f) GUIDANCE AND REPORTING REQUIREMENTS.—

14 (1) GUIDANCE.—The Attorney General shall

15 provide legal guidance in a timely manner, in re16 sponse to a request by an agency, to assist the agen17 cy in complying with this section.

18 (2) REPORTING.—Not later than 1 year after

19 the date of enactment of this Act and at the end of

20 each 1-year period thereafter, each agency shall pro21 vide a report to the Director of the Office of Man22 agement and Budget and the Attorney General iden23 tifying each agency action that has resulted in the

24 preparation of a taking impact analysis, the filing of

25 a taking claim, or an award of compensation pursu-
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1 ant to the Just Compensation Clause of the Fifth

2 Amendment to the Constitution. The Director of the

3 Office of Management and Budget and the Attorney

4 General shall publish in the Federal Register, on an

5 annual basis, a compilation of the reports of all

6 agencies made pursuant to this paragraph.

7 (g) RULES OF CONSTRUCTION.—Nothing in this sec8 tion shall be construed to—

9 (1) limit any right or remedy, or bar any claim

10 of any person relating to such person’s property

11 under any other law, including claims made under

12 section 1346 or 1402 of title 28, United States

13 Code, or chapter 91 of title 28, United States Code;

14 or

15 (2) constitute a conclusive determination of the

16 value of any property for purposes of an appraisal

17 for the acquisition of property, or for the determina18 tion of damages.

19 (h) STATUTE OF LIMITATIONS.—No action may be

20 filed in a court of the United States to enforce the provi21 sions of this section on or after the date occurring 6 years

22 after the date of the submission of the certification of the

23 applicable private property taking impact analysis with the

24 Attorney General.
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1 SEC. 20. OTHER AMENDMENTS.

2 (a) DEFINITION OF PUBLIC WATER SYSTEM.—

3 (1) The first sentence of section 1401(4) (42

4 U.S.C. 300f(4)) is amended by striking ‘‘piped water

5 for human consumption’’ and inserting ‘‘water for

6 human consumption through pipes or other con7 structed conveyances’’.

8 (2) Such section is further amended by adding

9 at the end thereof the following: ‘‘A connection for

10 residential use (drinking, bathing, cooking or other

11 similar uses) or to a facility for similar uses to a

12 water system that conveys water by means other

13 than a pipe principally for purposes other than resi14 dential use (other purposes, including irrigation,

15 stock watering, industrial use, or municipal source

16 water prior to treatment) shall not be considered a

17 connection for determining whether the system is a

18 public water system under this title, if—

19 ‘‘(A) the Administrator or the State in

20 which the residential use or facility is located

21 has identified any treatment or conditioning

22 necessary to protect human health if the water

23 is used for human consumption and the resi24 dential user or owner of the facility is employ25 ing such treatment or conditioning at the point

26 of entry; or
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1 ‘‘(B) the system certifies to the Adminis2 trator or the State that an alternative source of

3 water for drinking and cooking is being pro4 vided to the residential users or using the facil5 ity.

6 An irrigation district in existence prior to May 18,

7 1994 that provides primarily agricultural service

8 through a piped system with only incidental residen9 tial use shall not be considered a public water sys10 tem, if the system and its residential users comply

11 with subparagraphs (A) and (B).’’.

12 (3) The provisions of this subsection shall take

13 effect 1 year after the date of enactment.

14 (b) STATE PRIMARY ENFORCEMENT RESPONSIBIL15 ITY.—Section 1413(a) (42 U.S.C. 300g–2(a)) is amended

16 by striking paragraph (1) and inserting the following new

17 paragraph:

18 ‘‘(1) has adopted drinking water regulations

19 that are no less stringent than the national primary

20 drinking water regulations promulgated by the Ad21 ministrator under section 1412 not later than 2

22 years after the date on which the regulations are

23 promulgated by the Administrator;’’.

24 (c) JUDICIAL REVIEW.—Section 1448(a) (42 U.S.C.

25 300j–7(a)) is amended—
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1 (1) in paragraph (2) of the first sentence, by

2 inserting ‘‘final’’ after ‘‘any other’’; and

3 (2) in the second sentence, by striking ‘‘or issu4 ance of the order’’ and inserting ‘‘or any other final

5 Agency action’’.

6 (d) ANNUAL REPORT.—Section 1450 (42 U.S.C.

7 300j–9) is amended by striking subsection (h).

8 (e) REPORT TO CONGRESS ON PRIVATE DRINKING

9 WATER.—Section 1450 (42 U.S.C. 300j–9) (as amended

10 by subsection (d)) is further amended by inserting after

11 subsection (g) the following new subsection:

12 ‘‘(h) REPORT TO CONGRESS ON PRIVATE DRINKING

13 WATER.—The Administrator shall conduct a study to de14 termine the extent and seriousness of contamination of

15 private sources of drinking water that are not regulated

16 under this title. Not later than 3 years after the date of

17 enactment of the Safe Drinking Water Act Amendments

18 of 1994, the Administrator shall submit to Congress a re19 port that includes the findings of the study and rec20 ommendations by the Administrator concerning responses

21 to any problems identified under the study. In designing

22 and conducting the study, including consideration of re23 search design, methodology, and conclusions and rec24 ommendations, the Administrator shall consult with ex25 perts outside the Agency, including scientists,
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1 hydrogeologists, well contractors and suppliers, and other

2 individuals knowledgeable in ground water protection and

3 remediation.’’.

4 (f) CAPITAL IMPROVEMENTS FOR THE WASHINGTON

5 AQUEDUCT.—

6 (1) IN GENERAL.—Subject to paragraphs (2),

7 (3), and (4), and notwithstanding any other provi8 sion of law, at the request of the public water supply

9 customers of the Washington Aqueduct—

10 (A) the Secretary of the Army, acting

11 through the Chief of Engineers of the Army

12 Corps of Engineers, shall borrow from the Fed13 eral Financing Bank such funds as the Sec14 retary of the Army determines are required to

15 finance capital improvements for the Washing16 ton Aqueduct; and

17 (B) the Board of Directors of the Federal

18 Financing Bank shall loan the funds to the Sec19 retary of the Army on such terms as may be es20 tablished by the Secretary of the Army and the

21 Board of Directors.

22 (2) INTEREST.—The rate of interest to be

23 charged in connection with a loan made under para24 graph (1) shall be not less than a rate determined

25 by the Secretary of the Treasury, taking into consid-
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1 eration current market yields on outstanding mar2 ketable obligations of the United States of com3 parable maturities.

4 (3) CONTRACT.—The Secretary of the Army

5 shall borrow funds under paragraph (1) after the

6 public water supply customers enter into a written

7 contract with the Secretary of the Army to repay the

8 funds and to pay the costs associated with borrowing

9 the funds.

10 (4) NET PRESENT VALUE OF LOAN.—The Sec11 retary of the Army may borrow funds under para12 graph (1) if amounts sufficient to pay for the cost,

13 as defined in section 502(5) of the Congressional

14 Budget Act of 1974 (2 U.S.C. 661a(5)), of the loan

15 involved are provided in advance in appropriation

16 Acts.

17 (5) DEFINITION.—As used in this subsection,

18 the term ‘‘public water supply customers’’ means the

19 District of Columbia, the county of Arlington, Vir20 ginia, and the city of Falls Church, Virginia.

21 (g) CERTIFICATION OF RESIDENTIAL WATER TREAT22 MENT DEVICES.—Part F (42 U.S.C. 300j–21 et seq.) is

23 amended by adding at the end the following new section:

24 ‘‘RESIDENTIAL WATER TREATMENT DEVICES

25 ‘‘SEC. 1466. (a) CERTIFICATION.—For the purpose

26 of certifying residential water treatment devices for mate-
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1 rial safety and effectiveness in reducing the concentration

2 of drinking water contaminants of health concern, the Ad3 ministrator shall—

4 ‘‘(1) not later than 1 year after the date of en5 actment of this section, develop, by rule, criteria to

6 identify qualified independent certifiers; and

7 ‘‘(2) identify certifiers meeting the criteria de8 veloped pursuant to paragraph (1).

9 The Administrator shall provide technical assistance and

10 information to independent certifiers for the purposes of

11 this section. Any person may submit to the Administrator

12 an application to be identified as a qualified independent

13 certifier. The Administrator shall promptly approve the

14 application if the person meets the criteria developed by

15 the Administrator.

16 ‘‘(b) LIST OF CERTIFIED DEVICES.—Not later than

17 2 years after the date of enactment of this section and

18 annually thereafter, the Administrator shall publish a list

19 of residential water treatment devices that are certified by

20 qualified independent certifiers. A list published under this

21 subsection shall identify, for each listed device, consumer

22 information on the effectiveness of the device for removing

23 drinking water contaminants of health concern, the period

24 of effectiveness, and recommended operational procedures.
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1 ‘‘(c) PRODUCT CLAIMS.—No person shall claim or

2 imply product certification under this section for a water

3 treatment device unless the device has been certified by

4 a qualified independent certifier and the claim is consist5 ent with the certification.

6 ‘‘(d) PROHIBITION.—It shall be a violation of this

7 title to distribute, sell, or promote the sale of any residen8 tial water treatment device on the basis of false or mis9 leading claims concerning the effectiveness of the device

10 in removing drinking water contaminants, the protection

11 of health, or the safety of product materials.’’.

12 (h) DRINKING WATER ADVISORY COUNCIL.—The

13 second sentence of section 1446(a) (42 U.S.C. 300j–6(a))

14 is amended by inserting before the period at the end the

15 following: ‘‘, of which two such members shall be associ16 ated with small, rural public water systems’’.

17 (i) HARDSHIP COMMUNITY DEMONSTRATION PRO18 GRAM.—Section 1444 (42 U.S.C. 300j–3) is amended by

19 adding at the end the following new subsection:

20 ‘‘(e) HARDSHIP COMMUNITY DEMONSTRATION PRO21 GRAM.—

22 ‘‘(1) IN GENERAL.—The State agency admin23 istering a loan fund pursuant to part G in the State

24 of Virginia (referred to in this subsection as the

25 ‘State agency’) may conduct a program in accord-
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1 ance with this subsection to demonstrate alternative

2 approaches to intergovernmental coordination in the

3 financing of drinking water projects in rural commu4 nities in southwestern Virginia that are experiencing

5 severe economic hardship.

6 ‘‘(2) REGIONAL ASSISTANCE FUND.—

7 ‘‘(A) ESTABLISHMENT.—The State agency

8 may establish a regional endowment fund (re9 ferred to in this subsection as the ‘regional

10 fund’) to assist in financing projects that are el11 igible under this subsection.

12 ‘‘(B) USE OF REGIONAL FUND.—The State

13 agency shall invest amounts in the regional

14 fund and shall use interest earned on amounts

15 in the regional fund to pay a portion of the

16 non-Federal share of a Federal grant to assist

17 a project that is eligible under this subsection.

18 Interest earned on amounts in the regional fund

19 shall not be considered to be Federal funds.

20 ‘‘(C) DEPOSITS TO REGIONAL FUND.—

21 ‘‘(i) IN GENERAL.—Notwithstanding

22 any other provision of this title, the State

23 agency may deposit into the regional fund

24 $2,000,000 from funds made available pur25 suant to section 1472 for each of fiscal
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1 years 1994 through 1997, if there are

2 commitments to deposit into the regional

3 fund a total of not less than 25 percent of

4 that amount from non-Federal sources.

5 ‘‘(ii) LESSER AMOUNT.—Notwith6 standing clause (i), the State agency may

7 deposit into the regional fund an amount

8 less than $2,000,000 from funds made

9 available pursuant to section 1472, if the

10 amount deposited is equal to 3 times the

11 amount committed to be deposited into the

12 regional fund from non-Federal sources.

13 ‘‘(3) ELIGIBLE PROJECTS.—

14 ‘‘(A) IN GENERAL.—Assistance provided

15 under this subsection shall meet the require16 ments of subsections (a), (b), and (c) of section

17 1473.

18 ‘‘(B) ELIGIBLE RECIPIENTS.—Assistance

19 under this subsection shall be available only—

20 ‘‘(i) for a project that serves a dis21 advantaged community (as defined in sec22 tion 1473(e)(1)); and

23 ‘‘(ii) to a public water system located,

24 in whole or in part, in Lee County, Wise

25 County, Scott County, Dickenson County,
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1 Russell County, Buchanan County, Taze2 well County, and the city of Norton, Vir3 ginia.

4 ‘‘(4) ADVISORY GROUP.—The State agency

5 shall establish an advisory group, including rep6 resentatives of jurisdictions identified in paragraph

7 (3)(B)(ii) and other appropriate parties, to assist

8 the State agency in setting priorities for the use of

9 funds under this subsection. The advisory group

10 shall include a representative of Mountain Empire

11 Community College, Wise County, Virginia.’’.

12 (j) SHORT TITLE.—

13 (1) IN GENERAL.—The title (42 U.S.C. 1401 et

14 seq.) is amended by inserting after the title heading

15 the following new section:

16 ‘‘SHORT TITLE

17 ‘‘SEC. 1400. This title may be cited as the ‘Safe

18 Drinking Water Act’.’’.

19 (2) CONFORMING AMENDMENT.—Section 1 of

20 Public Law 93–523 (88 Stat. 1660) is amended by

21 inserting ‘‘of 1974’’ after ‘‘Water Act’’.

22 (k) TECHNICAL AMENDMENTS TO SECTION HEAD23 INGS.—

24 (1) The section heading and subsection designa25 tion of subsection (a) of section 1417 (42 U.S.C.

26 300g–6) are amended to read as follows:
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1 ‘‘PROHIBITION ON USE OF LEAD PIPES, SOLDER, AND

2 FLUX, AND ON CERTAIN RETURN FLOWS

3 ‘‘SEC. 1417. (a)’’.

4 (2) The section heading and subsection designa5 tion of subsection (a) of section 1426 (42 U.S.C.

6 300h–5) are amended to read as follows:

7 ‘‘REGULATION OF STATE PROGRAMS

8 ‘‘SEC. 1426. (a)’’.

9 (3) The section heading and subsection designa10 tion of subsection (a) of section 1427 (42 U.S.C.

11 300h–6) are amended to read as follows:

12 ‘‘SOLE SOURCE AQUIFER DEMONSTRATION PROGRAM

13 ‘‘SEC. 1427. (a)’’.

14 (4) The section heading and subsection designa15 tion of subsection (a) of section 1428 (42 U.S.C.

16 300h–7) are amended to read as follows:

17 ‘‘STATE PROGRAMS TO ESTABLISH WELLHEAD

18 PROTECTION AREAS

19 ‘‘SEC. 1428. (a)’’.

20 (5) The section heading and subsection designa21 tion of subsection (a) of section 1432 (42 U.S.C.

22 300i–1) are amended to read as follows:

23 ‘‘TAMPERING WITH PUBLIC WATER SYSTEMS

24 ‘‘SEC. 1432. (a)’’.
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1 (6) The section heading and subsection designa2 tion of subsection (a) of section 1451 (42 U.S.C.

3 300j–11) are amended to read as follows:

4 ‘‘INDIAN TRIBES

5 ‘‘SEC. 1451. (a)’’.

6 (7) The section heading and first word of sec7 tion 1461 (42 U.S.C. 300j–21) are amended to read

8 as follows:

9 ‘‘DEFINITIONS

10 ‘‘SEC. 1461. As’’.

11 (8) The section heading and first word of sec12 tion 1462 (42 U.S.C. 300j–22) are amended to read

13 as follows:

14 ‘‘RECALL OF DRINKING WATER COOLERS WITH LEAD15 LINED TANKS

16 ‘‘SEC. 1462. For’’.

17 (9) The section heading and subsection designa18 tion of subsection (a) of section 1463 (42 U.S.C.

19 300j–23) are amended to read as follows:

20 ‘‘DRINKING WATER COOLERS CONTAINING LEAD

21 ‘‘SEC. 1463. (a)’’.

22 (10) The section heading and subsection des23 ignation of subsection (a) of section 1464 (42 U.S.C.

24 300j–24) are amended to read as follows:

25 ‘‘LEAD CONTAMINATION IN SCHOOL DRINKING WATER

26 ‘‘SEC. 1464. (a)’’.
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1 (11) The section heading and subsection des2 ignation of subsection (a) of section 1465 (42 U.S.C.

3 300j–25) are amended to read as follows:

4 ‘‘FEDERAL ASSISTANCE FOR STATE PROGRAMS REGARD5 ING LEAD CONTAMINATION IN SCHOOL DRINKING

6 WATER

7 ‘‘SEC. 1465. (a)’’.

8 (l) ESTROGENIC SUBSTANCES SCREENING PRO9 GRAM.—Section 1442 (42 U.S.C. 300j–1) (as amended by

10 section 11(a)(10)) is further amended by adding at the

11 end the following new subsection:

12 ‘‘(j) SCREENING PROGRAM.—

13 ‘‘(1) DEVELOPMENT.—Not later than 1 year

14 after the date of enactment of this subsection, the

15 Administrator shall develop a screening program,

16 using appropriate validated test systems, to deter17 mine whether certain substances may have an effect

18 in humans that is similar to an effect produced by

19 a naturally occurring estrogen, or such other endo20 crine effect as the Administrator may designate.

21 ‘‘(2) IMPLEMENTATION.—Not later than 2

22 years after the date of enactment of this subsection,

23 after obtaining review of the screening program de24 scribed in paragraph (1) by the scientific advisory

25 panel established under section 25(d) of the Act of

26 June 25, 1947 (chapter 125), and the Science Advi-
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1 sory Board established by section 8 of the Environ2 mental Research, Development, and Demonstration

3 Act of 1978 (42 U.S.C. 4365), the Administrator

4 shall implement the program.

5 ‘‘(3) SUBSTANCES.—In carrying out the screen6 ing program described in paragraph (1), the Admin7 istrator shall provide for the testing of all active and

8 inert ingredients used in products described in sec9 tion 103(e) of the Comprehensive Environmental Re10 sponse, Compensation, and Liability Act of 1980 (42

11 U.S.C. 9603(e)), and may provide for the testing of

12 any other substance if the Administrator determines

13 that a widespread population may be exposed to the

14 substance.

15 ‘‘(4) EXEMPTION.—Notwithstanding paragraph

16 (3), the Administrator may, by regulation, exempt

17 from the requirements of this subsection a biologic

18 substance or other substance if the Administrator

19 determines that the substance does not have any ef20 fect in humans similar to an effect produced by a

21 naturally occurring estrogen.

22 ‘‘(5) COLLECTION OF INFORMATION.—

23 ‘‘(A) IN GENERAL.—The Administrator

24 shall issue an order to a person that manufac25 tures a substance for which testing is required
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1 under this subsection to conduct testing in ac2 cordance with the screening program described

3 in paragraph (1), and submit information ob4 tained from the testing to the Administrator,

5 within a time period that the Administrator de6 termines is sufficient for the generation of the

7 information.

8 ‘‘(B) FAILURE TO SUBMIT INFORMA9 TION.—

10 ‘‘(i) SUSPENSION.—If a person re11 ferred to in subparagraph (A) fails to sub12 mit the information required under such

13 subparagraph within the time period estab14 lished by the order, the Administrator shall

15 issue a notice of intent to suspend the sale

16 or distribution of the substance by the per17 son. Any suspension proposed under this

18 subparagraph shall become final at the end

19 of the 30-day period beginning on the date

20 that the person receives the notice of in21 tent to suspend, unless during that period

22 a person adversely affected by the notice

23 requests a hearing or the Administrator

24 determines that the person referred to in
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1 subparagraph (A) has complied fully with

2 this paragraph.

3 ‘‘(ii) HEARING.—If a person requests

4 a hearing under clause (i), the hearing

5 shall be conducted in accordance with sec6 tion 554 of title 5, United States Code.

7 The only matter for resolution at the hear8 ing shall be whether the person has failed

9 to submit information required under this

10 paragraph. A decision by the Adminis11 trator after completion of a hearing shall

12 be considered to be a final agency action.

13 ‘‘(iii) TERMINATION OF SUSPEN14 SIONS.—The Administrator shall terminate

15 a suspension under this subparagraph is16 sued with respect to a person if the Ad17 ministrator determines that the person has

18 complied fully with this paragraph.

19 ‘‘(6) AGENCY ACTION.—In the case of any sub20 stance that is found to have a potential adverse ef21 fect on humans as a result of testing and evaluation

22 under this subsection, the Administrator shall take

23 such action, including appropriate regulatory action

24 by rule or by order under statutory authority avail-
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1 able to the Administrator, as is necessary to ensure

2 the protection of public health.

3 ‘‘(7) REPORT TO CONGRESS.—Not later than 4

4 years after the date of enactment of this subsection,

5 the Administrator shall prepare and submit to Con6 gress a report containing—

7 ‘‘(A) the findings of the Administrator re8 sulting from the screening program described in

9 paragraph (1);

10 ‘‘(B) recommendations for further testing

11 and research needed to evaluate the impact on

12 human health of the substances tested under

13 the screening program; and

14 ‘‘(C) recommendations for any further ac15 tions (including any action described in para16 graph (6)) that the Administrator determines

17 are appropriate based on the findings.’’.

18 (m) PREVENTION AND CONTROL OF ZEBRA MUSSEL

19 INFESTATION OF LAKE CHAMPLAIN.—

20 (1) FINDINGS.—Section 1002(a) of the

21 Nonindigenous Aquatic Nuisance Prevention and

22 Control Act of 1990 (16 U.S.C. 4701(a)) is amend23 ed—

24 (A) by striking ‘‘and’’ at the end of para25 graph (3);
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1 (B) by striking the period at the end of

2 paragraph (4) and inserting ‘‘; and’’; and

3 (C) by adding at the end the following new

4 paragraph:

5 ‘‘(5) the zebra mussel was discovered on Lake

6 Champlain during 1993 and the opportunity exists

7 to act quickly to establish zebra mussel controls be8 fore Lake Champlain is further infested and man9 agement costs escalate.’’.

10 (2) EX OFFICIO MEMBERS OF AQUATIC NUI11 SANCE SPECIES TASK FORCE.—Section 1201(c) of

12 such Act (16 U.S.C. 4721(c)) is amended by insert13 ing ‘‘, the Lake Champlain Basin Program,’’ after

14 ‘‘Great Lakes Commission’’.

15 (3) AQUATIC NUISANCE SPECIES PROGRAM.—

16 Subsections (b)(6) and (i)(1) of section 1202 of such

17 Act (16 U.S.C. 4722) is amended by inserting ‘‘,

18 Lake Champlain,’’ after ‘‘Great Lakes’’ each place it

19 appears.

20 (4) AUTHORIZATION OF APPROPRIATIONS.—

21 Section 1301(b) of such Act (16 U.S.C. 4741(b)) is

22 amended—

23 (A) in paragraph (3), by inserting ‘‘, and

24 the Lake Champlain Research Consortium,’’

25 after ‘‘Laboratory’’; and
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1 (B) in paragraph (4)(A)—

2 (i) by inserting after ‘‘(33 U.S.C.

3 1121 et seq.)’’ the following: ‘‘and grants

4 to colleges for the benefit of agriculture

5 and the mechanic arts referred to in the

6 first section of the Act of August 30, 1890

7 (26 Stat. 417, chapter 841; 7 U.S.C.

8 322)’’; and

9 (ii) by inserting ‘‘and the Lake Cham10 plain basin’’ after ‘‘Great Lakes region’’.

11 TITLE I—DEPARTMENT OF

12 ENVIRONMENTAL PROTECTION

13 SEC. 100. SHORT TITLE.

14 This title may be cited as the ‘‘Department of Envi15 ronmental Protection Act of 1994’’.

16 Subtitle A—Elevation of the Envi17 ronmental Protection Agency To

18 Cabinet Level

19 SEC. 101. SHORT TITLE.

20 This subtitle may be cited as the ‘‘Department of En21 vironmental Protection Act’’.

22 SEC. 102. FINDINGS.

23 The Congress finds that—

24 (1) recent concern with Federal environmental

25 policy has highlighted the necessity of assigning to
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1 protection of the domestic and international environ2 ment a priority which is at least equal to that as3 signed to other functions of the Federal Govern4 ment;

5 (2) protection of the environment increasingly

6 involves cooperation with foreign states, including

7 the most highly industrialized states all of whose top

8 environmental officials have ministerial status;

9 (3) the size of the budget and the number of

10 Federal civil servants devoted to tasks associated

11 with environmental protection at the Environmental

12 Protection Agency is commensurate with depart13 mental status; and

14 (4) a cabinet-level Department of Environ15 mental Protection should be established.

16 SEC. 103. ESTABLISHMENT OF THE DEPARTMENT OF ENVI17 RONMENTAL PROTECTION.

18 (a) REDESIGNATION.—The Environmental Protec19 tion Agency is hereby redesignated as the Department of

20 Environmental Protection (hereafter referred to as the

21 ‘‘Department’’) and shall be an executive department in

22 the executive branch of the Government. The official acro23 nym of the Department shall be the ‘‘U.S.D.E.P.’’.

24 (b) SECRETARY OF ENVIRONMENTAL PROTEC25 TION.—(1) There shall be at the head of the Department
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1 a Secretary of Environmental Protection who shall be ap2 pointed by the President, by and with the advice and con3 sent of the Senate. The Department shall be administered

4 under the supervision and direction of the Secretary.

5 (2) The Secretary may not assign duties for or dele6 gate authority for the supervision of the Assistant Sec7 retaries, the General Counsel, the Director of Environ8 mental Statistics, or the Inspector General of the Depart9 ment to any officer of the Department other than the Dep10 uty Secretary.

11 (3) Except as described under paragraph (2) of this

12 section and section 104(b)(2), and notwithstanding any

13 other provision of law, the Secretary may delegate any

14 functions including the making of regulations to such offi15 cers and employees of the Department as the Secretary

16 may designate, and may authorize such successive

17 redelegations of such functions within the Department as

18 determined to be necessary or appropriate.

19 (c) DEPUTY SECRETARY.—There shall be in the De20 partment a Deputy Secretary of Environmental Protec21 tion, who shall be appointed by the President, by and with

22 the advice and consent of the Senate. The Deputy Sec23 retary shall perform such responsibilities as the Secretary

24 shall prescribe and shall act as the Secretary during the
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1 absence or disability of the Secretary or in the event of

2 a vacancy in the position of Secretary.

3 (d) OFFICE OF THE SECRETARY.—The Office of the

4 Secretary shall consist of a Secretary and a Deputy Sec5 retary and may include an Executive Secretary and such

6 other executive officers as the Secretary may determine

7 necessary.

8 (e) REGIONAL OFFICES.—The Secretary is author9 ized to establish, alter, discontinue, or maintain such re10 gional or other field offices as he may determine necessary

11 to carry out the functions vested in him or other officials

12 of the Department.

13 (f) INTERNATIONAL RESPONSIBILITIES OF THE SEC14 RETARY.—(1) In addition to exercising other international

15 responsibilities under existing provisions of law, the Sec16 retary is—

17 (A) encouraged to assist the Secretary of State

18 to carry out his primary responsibilities for coordi19 nating, negotiating, implementing and participating

20 in international agreements, including participation

21 in international organizations, relevant to environ22 mental protection; and

23 (B) authorized and encouraged to—

24 (i) conduct research on and apply existing

25 research capabilities to the nature and impacts
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1 of international environmental problems and de2 velop responses to such problems; and

3 (ii) provide technical and other assistance

4 to foreign countries and international bodies to

5 improve the quality of the environment.

6 (2) The Secretary of State shall consult with the Sec7 retary of Environmental Protection and such other per8 sons as he determines appropriate on such negotiations,

9 implementations, and participations described under para10 graph (1)(A).

11 (g) AUTHORITY OF THE SECRETARY WITHIN THE

12 DEPARTMENT.—Except as provided under section 112,

13 nothing in the provisions of this title—

14 (1) authorizes the Secretary of Environmental

15 Protection to require any action by any officer of

16 any executive department or agency other than offi17 cers of the Department of Environmental Protection,

18 except that this paragraph shall not affect any au19 thority provided for by any other provision of law

20 authorizing the Secretary of Environmental Protec21 tion to require any such actions;

22 (2) modifies any Federal law that is adminis23 tered by any executive department or agency; or

24 (3) transfers to the Department of Environ25 mental Protection any authority exercised by any
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1 other Federal executive department or agency prior

2 to the date of the enactment of this Act, except the

3 authority exercised by the Environmental Protection

4 Agency.

5 (h) APPLICATION TO THE DEPARTMENT OF ENVI6 RONMENTAL PROTECTION.—The provisions of this title

7 apply only to activities of the Department of Environ8 mental Protection, except where expressly provided other9 wise.

10 (i) ISSUANCE OF PERMITS.—

11 (1) GUIDES.—At the time a person or small

12 business concern (as defined in section 3 of the

13 Small Business Act), including family farms, con14 tacts an officer or employee of the Department to

15 obtain a permit to engage in an activity under the

16 jurisdiction of the Department, the Secretary shall

17 make available, on request of the person, an em18 ployee of the Department to—

19 (A) act as a guide for the applicant in ob20 taining all necessary permits for the activity in

21 the least quantity of time practicable; and

22 (B) facilitate the gathering and dissemina23 tion of information with respect to the Federal

24 agencies and departments and agencies of

25 States and political subdivisions of States that
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1 have a regulatory interest in the activity to re2 duce the period required to obtain all such nec3 essary permits.

4 (2) DUTIES OF SECRETARY.—In issuing a per5 mit to an applicant to carry out an activity under

6 the jurisdiction of the Department, the Secretary

7 shall—

8 (A) provide assistance and guidance to,

9 and otherwise facilitate the processing of the

10 application for, the applicant; and

11 (B) set reasonable deadlines for action to

12 be taken on an application for the permit.

13 (3) USE OF GUIDES.—An applicant that choos14 es to use the services of a guide referred to in para15 graph (1) may subsequently choose not to use the

16 services at any time after requesting the guide.

17 SEC. 104. ASSISTANT SECRETARIES.

18 (a) ESTABLISHMENT OF POSITIONS.—There shall be

19 in the Department such number of Assistant Secretaries,

20 not to exceed 12, as the Secretary shall determine, each

21 of whom shall be appointed by the President, by and with

22 the advice and consent of the Senate.

23 (b) RESPONSIBILITIES OF ASSISTANT SECRETAR24 IES.—(1) The Secretary shall assign to Assistant Sec-
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1 retaries such responsibilities as the Secretary considers

2 appropriate, including, but not limited to—

3 (A) enforcement;

4 (B) compliance monitoring;

5 (C) research and development;

6 (D) air;

7 (E) radiation;

8 (F) water;

9 (G) pesticides;

10 (H) toxic substances;

11 (I) solid waste;

12 (J) hazardous waste;

13 (K) hazardous waste cleanup;

14 (L) emergency response;

15 (M) international affairs;

16 (N) policy, planning, and evaluation;

17 (O) pollution prevention;

18 (P) congressional affairs;

19 (Q) intergovernmental affairs;

20 (R) public affairs;

21 (S) administration and resources management,

22 information resources management, procurement

23 and assistance management, and personnel and

24 labor relations; and
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1 (T) regional operations and State and local ca2 pacity.

3 (2) The Secretary may assign and modify any respon4 sibilities at his discretion under paragraph (1), except that

5 the Secretary may not modify the responsibilities of any

6 Assistant Secretary without prior written notification with

7 explanation of such modification to the appropriate com8 mittees of the Senate and the House of Representatives.

9 (3) One of the Assistant Secretaries referred to under

10 paragraph (1) shall be an Assistant Secretary for Indian

11 Lands and shall be responsible for policies relating to the

12 environment of Indian lands and affecting Native Ameri13 cans.

14 (c) DESIGNATION OF RESPONSIBILITIES PRIOR TO

15 CONFIRMATION.—Whenever the President submits the

16 name of an individual to the Senate for confirmation as

17 Assistant Secretary under this section, the President shall

18 state the particular responsibilities of the Department

19 such individual shall exercise upon taking office.

20 (d) CONTINUING PERFORMANCE OF FUNCTIONS.—

21 On the effective date of this Act, the Administrator and

22 Deputy Administrator of the Environmental Protection

23 Agency shall be redesignated as the Secretary and Deputy

24 Secretary of the Department of Environmental Protection,

25 Assistant Administrators of the Agency shall be redesig-
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1 nated as Assistant Secretaries of the Department, the

2 General Counsel and the Inspector General of the Agency

3 shall be redesignated as the General Counsel and the In4 spector General of the Department, and the Chief Finan5 cial Officer of the Agency shall be redesignated as the

6 Chief Financial Officer of the Department, without re7 nomination or reconfirmation.

8 (e) CHIEF INFORMATION RESOURCES OFFICER.—(1)

9 The Secretary shall designate the Assistant Secretary

10 whose responsibilities include information resource man11 agement functions as required by section 3506 of title 44,

12 United States Code, as the Chief Information Resources

13 Officer of the Department.

14 (2) The Chief Information Resources Officer shall—

15 (A) advise the Secretary on information re16 source management activities of the Department as

17 required by section 3506 of title 44, United States

18 Code;

19 (B) develop and maintain an information re20 sources management system for the Department

21 which provides for—

22 (i) the conduct of and accountability for

23 any acquisitions made pursuant to a delegation

24 of authority under section 111 of the Federal
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1 Property and Administrative Services Act of

2 1949 (40 U.S.C. 759);

3 (ii) the implementation of all applicable

4 government-wide and Department information

5 policies, principles, standards, and guidelines

6 with respect to information collection, paper7 work reduction, privacy and security of records,

8 sharing and dissemination of information, ac9 quisition and use of information technology,

10 and other information resource management

11 functions;

12 (iii) the periodic evaluation of and, as

13 needed, the planning and implementation of im14 provements in the accuracy, completeness, and

15 reliability of data and records contained with

16 Department information systems; and

17 (iv) the development and annual revision of

18 a 5-year plan for meeting the Department’s in19 formation technology needs; and

20 (C) report to the Secretary as required under

21 section 3506 of title 44, United States Code.

22 SEC. 105. DEPUTY ASSISTANT SECRETARIES.

23 (a) ESTABLISHMENT OF POSITIONS.—There shall be

24 in the Department such number of Deputy Assistant Sec25 retaries as the Secretary may determine.
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1 (b) APPOINTMENTS.—Each Deputy Assistant Sec2 retary—

3 (1) shall be appointed by the Secretary; and

4 (2) shall perform such functions as the Sec5 retary shall prescribe.

6 (c) FUNCTIONS.—Functions assigned to an Assistant

7 Secretary under section 104(b) may be performed by one

8 or more Deputy Assistant Secretaries appointed to assist

9 such Assistant Secretary.

10 SEC. 106. OFFICE OF THE GENERAL COUNSEL.

11 There shall be in the Department the Office of the

12 General Counsel. There shall be at the head of such office

13 a General Counsel who shall be appointed by the Presi14 dent, by and with the advice and consent of the Senate.

15 The General Counsel shall be the chief legal officer of the

16 Department and shall provide legal assistance to the Sec17 retary concerning the programs and policies of the Depart18 ment.

19 SEC. 107. OFFICE OF THE INSPECTOR GENERAL.

20 The Office of Inspector General of the Environmental

21 Protection Agency, established in accordance with the In22 spector General Act of 1978, is hereby redesignated as the

23 Office of Inspector General of the Department of Environ24 mental Protection.
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1 SEC. 108. SMALL BUSINESS COMPLIANCE ASSISTANCE.

2 (a) ESTABLISHMENT.—

3 (1) IN GENERAL.—The Secretary of Environ4 mental Protection shall establish within the Depart5 ment a Small Business Ombudsman Office (here6 after in this section referred to as the ‘‘Office’’). The

7 Office shall be headed by a Director designated by

8 the Secretary.

9 (2) DUTIES.—

10 (A) IN GENERAL.—The Director shall re11 port directly to the Secretary. The Secretary,

12 acting through the Director, shall develop and

13 carry out programs of environmental compli14 ance and technical assistance for small business

15 concerns (as defined in section 3 of the Small

16 Business Act), including family farms.

17 (B) SPECIFIC DUTIES.—The duties of the

18 Office shall include—

19 (i) providing to small business con20 cerns—

21 (I) confidential compliance assist22 ance;

23 (II) explanations of environ24 mental regulatory requirements; and

25 (III) available environmental re26 ports and documents;
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1 (ii) assembling and disseminating to

2 small business concerns information on ap3 proaches to achieving compliance with en4 vironmental laws and improving environ5 mental performance and product yield, in6 cluding new environmental technologies

7 and techniques for preventing pollution;

8 (iii) carrying out the functions as9 signed to the Small Business Ombudsman

10 under section 507 of the Clean Air Act

11 Amendments of 1990;

12 (iv) serving as the Department’s liai13 son to and advocate for the small business

14 community;

15 (v) ensuring, as appropriate, consider16 ation of the concerns of small business in

17 the regulatory development process, includ18 ing ensuring that reporting requirements

19 are consistent and avoid unnecessary re20 dundancy across regulatory programs, to

21 the extent possible, and ensuring effective

22 implementation of the Regulatory Flexibil23 ity Act;

24 (vi) coordinating the Department’s

25 small business compliance and technical
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1 assistance programs with other Federal

2 and State agencies having responsibilities

3 for carrying out and enforcing environ4 mental laws; and

5 (vii) providing assistance in permit6 ting, where appropriate.

7 (b) COORDINATION WITH NATIONAL INSTITUTE OF

8 STANDARDS AND TECHNOLOGY.—Not later than 180 days

9 after the date of enactment of this Act, the Secretary of

10 Environmental Protection and the Secretary of Commerce

11 shall enter into such agreements as may be necessary to

12 permit the Department to provide technical assistance and

13 support to the Manufacturing Technology Centers admin14 istered by the National Institute of Standards and Tech15 nology of the Department of Commerce. Such assistance

16 shall include—

17 (1) preparing environmental assistance pack18 ages for small business concerns generally, and

19 where appropriate, for specific small business sec20 tors, including information on—

21 (A) environmental compliance require22 ments and methods for achieving compliance;

23 (B) new environmental technologies;
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1 (C) alternatives for preventing pollution

2 that are generally applicable to the small busi3 ness sector; and

4 (D) guidance for identifying and applying

5 opportunities for preventing pollution at indi6 vidual facilities;

7 (2) providing technical assistance to small busi8 ness concerns seeking to act on the information pro9 vided under paragraph (1);

10 (3) coordinating with the National Institute of

11 Standards and Technology to identify those small

12 business sectors that need improvement in environ13 mental compliance or in developing methods to pre14 vent pollution; and

15 (4) developing and implementing an action plan

16 for providing assistance to improve environmental

17 performance of small business sectors in need of

18 such improvement.

19 (c) COORDINATION WITH OTHER FEDERALLY SUP20 PORTED EXTENSION PROGRAMS.—The Secretary of Envi21 ronmental Protection may coordinate with other small

22 business and agricultural extension programs and centers,

23 as appropriate, to provide environmental assistance to

24 small businesses.
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1 SEC. 109. SMALL GOVERNMENTAL JURISDICTION COMPLI2 ANCE ASSISTANCE.

3 (a) IN GENERAL.—The Secretary of Environmental

4 Protection shall develop and carry out programs of envi5 ronmental compliance and technical assistance for small

6 governmental jurisdictions as defined in section 601(5) of

7 title 5, United States Code.

8 (b) SPECIFIC DUTIES.—The duties of the Secretary

9 of Environmental Protection shall include—

10 (1) providing to small governmental jurisdic11 tions—

12 (A) compliance assistance;

13 (B) explanations of environmental regu14 latory requirements; and

15 (C) available environmental reports and

16 documents;

17 (2) assembling and disseminating to small gov18 ernmental jurisdictions information on approaches to

19 achieving compliance with environmental laws and

20 improving environmental performance, including new

21 environmental technologies and techniques for pre22 venting pollution;

23 (3) designating liaisons to serve as advocates

24 for small governmental jurisdictions, as appropriate;

25 (4) ensuring, as appropriate, consideration of

26 the concerns of small governmental jurisdictions in
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1 the regulatory development process, including ensur2 ing that reporting requirements are consistent and

3 avoid unnecessary redundancy across regulatory pro4 grams, to the extent possible, and ensuring effective

5 implementation of the Regulatory Flexibility Act;

6 and

7 (5) coordinating the Department of Environ8 mental Protection’s small governmental jurisdiction

9 environmental compliance and technical assistance

10 programs with other Federal and State agencies

11 having responsibilities for carrying out and enforcing

12 environmental laws; and

13 (6) providing assistance in permitting, where

14 appropriate.

15 SEC. 110. BUREAU OF ENVIRONMENTAL STATISTICS.

16 (a) ESTABLISHMENT.—(1) There is established with17 in the Department a Bureau of Environmental Statistics

18 (hereafter referred to as the ‘‘Bureau’’). The Bureau shall

19 be responsible for—

20 (A) compiling, analyzing, and publishing a com21 prehensive set of environmental quality statistics

22 which should provide timely summary in the form of

23 industrywide aggregates, multiyear averages, or to24 tals or some similar form and include information

25 on—
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1 (i) the nature, source, and amount of pol2 lutants in the environment; and

3 (ii) the effects on the public and the envi4 ronment of those pollutants;

5 (B) promulgating guidelines for the collection of

6 information by the Department required for the sta7 tistics under this paragraph to assure that the infor8 mation is accurate, reliable, relevant, and in a form

9 that permits systematic analysis;

10 (C) coordinating the collection of information

11 by the Department for developing such statistics

12 with related information-gathering activities con13 ducted by other Federal agencies;

14 (D) making readily accessible the statistics pub15 lished under this paragraph; and

16 (E) identifying missing information of the kind

17 described under subparagraph (A) (i) and (ii), re18 viewing these information needs at least annually

19 with the Science Advisory Board, and making rec20 ommendations to the appropriate Department of En21 vironmental Protection officials concerning extra22 mural and intramural research programs to provide

23 such information.

24 (2) Nothing in the provisions of paragraph (1) shall

25 authorize the Bureau to require the collection of any data
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1 by any other Department, State or local government, or

2 to establish observation or monitoring programs. The Bu3 reau shall not duplicate the information collection func4 tions of other Federal agencies.

5 (3) Information compiled by the Bureau of Environ6 mental Statistics, which has been submitted for purposes

7 of statistical reporting requirements of this law, shall not

8 be disclosed publicly in a manner that would reveal the

9 identity of the submitter, including submissions by Fed10 eral, State, or local governments, or reveal the identity of

11 any individual consistent with the provisions of section

12 552a of title 5, United States Code (the Privacy Act of

13 1974). This paragraph shall not affect the availability of

14 data provided to the Department under any other provi15 sion of law administered by the Department. The con16 fidentiality provisions of other statutes authorizing the col17 lection of environmental statistics shall also apply, includ18 ing but not limited to, section 14 of the Toxic Substances

19 Control Act (15 U.S.C. 2613), section 2(h) of the Federal

20 Insecticide, Fungicide, and Rodenticide Act (7 U.S.C.

21 136h), section 114(c) of the Clean Air Act (42 U.S.C.

22 741(c)), and section 1905 of title 18, United States Code.

23 (b) DIRECTOR OF ENVIRONMENTAL STATISTICS.—

24 The Bureau shall be under the direction of a Director of

25 Environmental Statistics (hereafter referred to as the ‘‘Di-
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1 rector’’) who shall be appointed by the President, by and

2 with the advice and consent of the Senate. The term of

3 the Director shall be 4 years. The Director shall be a

4 qualified individual with experience in the compilation and

5 analysis of environmental statistics. The Director shall re6 port directly to the Secretary. The Director shall be com7 pensated at the rate provided for at level V of the Execu8 tive Schedule under section 5316 of title 5, United States

9 Code.

10 (c) ENVIRONMENTAL STATISTICS ANNUAL RE11 PORT.—On July 1, 1995, and each July 1 thereafter, the

12 Director shall submit to the President an Environmental

13 Statistics Annual Report (hereafter referred to as the

14 ‘‘Report’’). The Report shall include, but not be limited

15 to—

16 (1) statistics on environmental quality includ17 ing—

18 (A) The environmental quality of the Na19 tion with respect to all aspects of the environ20 ment, including, but not limited to, the air,

21 aquatic ecosystems, including marine, estuarine,

22 and fresh water, and the terrestrial ecosystems,

23 including, but not limited to, the forest, dry24 land, wetland, range, urban, suburban, and

25 rural environment; and
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1 (B) changes in the natural environment,

2 including the plant and animal systems, and

3 other information for a continuing analysis of

4 these changes or trends and an interpretation

5 of their underlying causes;

6 (2) statistics on the effects of changes in envi7 ronmental quality on human health and nonhuman

8 species and ecosystems;

9 (3) documentation of the method used to obtain

10 and assure the quality of the statistics presented in

11 the Report;

12 (4) economic information on the current and

13 projected costs and benefits of environmental protec14 tion; and

15 (5) recommendations on improving environ16 mental statistical information.

17 (d) CONTINUING PERFORMANCE OF THE FUNCTIONS

18 OF THE DIRECTOR PENDING CONFIRMATION.—An indi19 vidual who, on the effective date of this Act, is performing

20 any of the functions required by this section to be per21 formed by the Director may continue to perform such

22 functions until such functions are assigned to an individ23 ual appointed as the Director under this title.

24 (e) ADVISORY COUNCIL ON ENVIRONMENTAL STA25 TISTICS.—The Director shall appoint an Advisory Council
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1 on Environmental Statistics, comprised of no more than

2 6 private citizens who have expertise in environmental sta3 tistics and analysis (except that at least one of such ap4 pointees should have expertise in economics) to advise the

5 Director on environmental statistics and analyses, includ6 ing whether the statistics and analyses disseminated by

7 the Bureau are of high quality and are based upon the

8 best available objective information. The Council shall be

9 subject to the provisions of the Federal Advisory Commit10 tee Act.

11 (f) REVIEW OF REGULATIONS.—For each proposed

12 new regulation and each proposed change to existing regu13 lations the Director shall publish in the Federal Register

14 as part of the notice of the proposed rulemaking, a com15 prehensive assessment of specific costs and benefits result16 ing from implementation of the proposed new regulation

17 or the proposed regulatory change including an assess18 ment of the total number of direct and indirect jobs to

19 be gained or lost as a result of implementation of the pro20 posed new regulation or the proposed regulatory change.

21 Such assessment shall be required to the extent that the

22 Department of Environmental Protection is not in compli23 ance with any applicable Executive Order requiring an

24 analysis of costs and benefits for proposed regulations

25 submitted to the Office of Management and Budget for
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1 review. The assessment required by this subsection shall

2 not be construed to amend, modify, or alter any statute

3 and shall not be subject to judicial review. Nothing in this

4 section shall be construed to grant a cause of action to

5 any person.

6 SEC. 111. GRANT AND CONTRACT AUTHORITY FOR CER7 TAIN ACTIVITIES.

8 The Secretary may make grants to and enter into

9 contracts with State and local governments, Indian tribes,

10 universities, and other organizations to assist them in

11 meeting the costs of collecting specific data and other

12 short term activities that are related to the responsibilities

13 and functions under section 108(a)(1) (A), (B), (C), and

14 (D).

15 SEC. 112. STUDY OF DATA NEEDS.

16 (a) STUDY OF DATA NEEDS.—(1) No later than 1

17 year after the start of Bureau operations, the Secretary

18 of the Department of Environmental Protection, in con19 sultation with the Director of the Bureau and the Assist20 ant Secretary designated as Chief Information Resources

21 Officer, shall enter into an agreement with the National

22 Academy of Sciences for a study, evaluation, and report

23 on the adequacy of the data collection procedures and ca24 pabilities of the Department. No later than 18 months fol25 lowing an agreement, the National Academy of Sciences
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1 shall report its findings to the Secretary and the Congress.

2 The report shall include an evaluation of the Department’s

3 data collection resources, needs, and requirements, and

4 shall include an assessment and evaluation of the following

5 systems, capabilities, and procedures established by the

6 Department to meet those needs and requirements:

7 (A) data collection procedures and capabilities;

8 (B) data analysis procedures and capabilities;

9 (C) the ability to integrate data bases;

10 (D) computer hardware and software capabili11 ties;

12 (E) management information systems, including

13 the ability to integrate management information sys14 tems;

15 (F) Department personnel; and

16 (G) the Department’s budgetary needs and re17 sources for data collection, including an assessment

18 of the adequacy of the budgetary resources provided

19 to the Department and budgetary resources used by

20 the Department for data collection needs and pur21 poses.

22 (2) The report shall include recommendations for im23 proving the Department’s data collection systems, capa24 bilities, procedures, data collection, and analytical hard-
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1 ware and software, and for improving its management in2 formation systems.

3 (b) AUTHORIZATION OF APPROPRIATIONS.—There

4 are authorized to be appropriated such sums as necessary

5 to carry out the provisions of this section.

6 SEC. 113. MISCELLANEOUS EMPLOYMENT RESTRICTIONS.

7 (a) PROHIBITED EMPLOYMENT AND ADVANCEMENT

8 CONSIDERATIONS.—Except as otherwise provided in this

9 title, political affiliation or political qualification may not

10 be taken into account in connection with the appointment

11 of any person to any position in the career civil service

12 or in the assignment or advancement of any career civil

13 servant in the Department.

14 (b) REPORTS ON IMPLEMENTATION.—One year after

15 the date of the enactment of this title and again 3 years

16 after the date of the enactment of this title, the Secretary

17 shall report to the Senate Committees on Appropriations,

18 Governmental Affairs, and Environment and Public

19 Works and to the House of Representatives on the esti20 mated additional cost of implementing this title over the

21 cost as if this title had not been implemented, including

22 a justification of increased staffing not required in the exe23 cution of this title.
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1 SEC. 114. TERMINATION OF THE COUNCIL ON ENVIRON2 MENTAL QUALITY AND TRANSFER OF FUNC3 TIONS.

4 (a) TRANSFER OF FUNCTIONS OF THE COUNCIL ON

5 ENVIRONMENTAL QUALITY.—(1) Except as provided

6 under paragraph (2), all functions of the Council on Envi7 ronmental Quality under titles I and II of the National

8 Environmental Policy Act (42 U.S.C. 4321 et seq.) and

9 under any other law, are transferred to the Secretary. The

10 Secretary is authorized to take all necessary action, in11 cluding the promulgation of regulations, to carry out these

12 functions.

13 (2) Referrals of interagency disagreements concern14 ing proposed major Federal actions significantly affecting

15 the quality of the human environment under section

16 102(2)(C) of the National Environmental Policy Act (42

17 U.S.C. 102(2)(C)) and concerning matters under section

18 309(b) of the Clean Air Act (42 U.S.C. 7609(b)) shall be

19 made to the President for resolution.

20 (b) TERMINATION OF THE COUNCIL ON ENVIRON21 MENTAL QUALITY.—(1) Section 204 of the National Envi22 ronmental Policy Act (42 U.S.C. 4344) is amended by

23 striking out ‘‘Council’’ and inserting in lieu thereof ‘‘Sec24 retary of Environmental Protection’’.
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1 (2) Sections 202, 203, 205, 206, 207, and 208 of

2 the National Environmental Policy Act (42 U.S.C. 4342,

3 4343, 4345, 4346, 4346a, and 4346b) are repealed.

4 (3) The Environmental Quality Improvement Act of

5 1970 (42 U.S.C. 4371 through 4375) is repealed.

6 (4) Section 204 of the National Environmental Policy

7 Act (42 U.S.C. 4344) (as amended by paragraph (1) of

8 this subsection) is redesignated as section 202 of such Act.

9 (5) The heading for title II of the National Environ10 mental Policy Act is amended to read as follows:

11 ‘‘TITLE II

12 ‘‘ENVIRONMENTAL QUALITY REPORT’’.

13 (c) REFERENCES IN FEDERAL LAW.—Reference in

14 any other Federal law, Executive order, rule, regulation,

15 or delegation of authority, or any document of or relating

16 to the Council on Environmental Quality—

17 (1) with regard to functions transferred under

18 subsection (a)(1), shall be deemed to refer to the

19 Secretary; and

20 (2) with regard to disagreements and matters

21 described under subsection (a)(2), shall be deemed

22 to refer to the President.

23 (d) AVAILABILITY OF FUNDS.—Unobligated funds

24 available to the Council on Environmental Quality shall

25 remain available to the Department until expended for the
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1 gradual and orderly termination of the Council and trans2 fer of Council functions as provided in this title.

3 (e) SAVINGS PROVISIONS.—(1) All orders, determina4 tions, rules, regulations, permits, agreements, grants, con5 tracts, certificates, licenses, registrations, privileges, and

6 other administrative actions—

7 (A) which have been issued, made, granted, or

8 allowed to become effective by the President, by the

9 Council on Environmental Quality, or by a court of

10 competent jurisdiction, in the performance of func11 tions of the Council on Environmental Quality, and

12 (B) which are in effect at the time this title

13 takes effect, or were final before the effective date

14 of this Act and are to become effective on or after

15 the effective date of this Act,

16 shall continue in effect according to their terms until

17 modified, terminated, superseded, set aside, or revoked in

18 accordance with law by the President, the Secretary of En19 vironmental Protection, or other authorized official, a

20 court of competent jurisdiction, or by operation of law.

21 (2) The provisions of this title shall not affect any

22 proceedings or any application for any license, permit, cer23 tificate, or financial assistance pending before the Council

24 on Environmental Quality at the time this title takes ef25 fect, but such proceedings and applications shall be contin-
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1 ued. Orders shall be issued in such proceedings, appeals

2 shall be taken therefrom, and payments shall be made pur3 suant to such orders, as if this title had not been enacted,

4 and orders issued in any such proceedings shall continue

5 in effect until modified, terminated, superseded, or re6 voked by a duly authorized official, by a court of com7 petent jurisdiction, or by operation of law. Nothing in this

8 paragraph shall be deemed to prohibit the discontinuance

9 or modification of any such proceeding under the same

10 terms and conditions and to the same extent that such

11 proceeding could have been discontinued or modified if

12 this title had not been enacted.

13 (3) The provisions of this section shall not affect suits

14 commenced before the date this Act takes effect, and in

15 all such suits, proceedings shall be had, appeals taken, and

16 judgments rendered in the same manner and with the

17 same effect as if this title had not been enacted.

18 (4) No suit, action, or other proceeding commenced

19 by or against the Council on Environmental Quality, or

20 by or against any individual in the official capacity of such

21 individual as an officer of the Council on Environmental

22 Quality, shall abate by reason of the enactment of this

23 Act.

24 (5) Any administrative action relating to the prepara25 tion or promulgation of a regulation by the Council on
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1 Environmental Quality may be continued by the Depart2 ment or the President with the same effect as if this title

3 had not been enacted.

4 (6) The contracts, liabilities, records, property, and

5 other assets and interests of the Council on Environmental

6 Quality shall, after the effective date of this Act, be con7 sidered to be the contracts, liabilities, records, property,

8 and other assets and interests of the Department.

9 SEC. 115. ADMINISTRATIVE PROVISIONS.

10 (a) ACCEPTANCE OF MONEY AND PROPERTY.—(1)

11 The Secretary may accept and retain money, uncompen12 sated services, and other real and personal property or

13 rights (whether by gift, bequest, devise, or otherwise) for

14 the purpose of carrying out the Department’s programs

15 and activities, except that the Secretary shall not endorse

16 any company, product, organization, or service. Gifts, be17 quests, and devises of money and proceeds from sales of

18 other property received as gifts, bequests, or devises shall

19 be credited in a separate fund in the Treasury of the Unit20 ed States and shall be available for disbursement upon the

21 order of the Secretary.

22 (2) The Secretary shall prescribe regulations and

23 guidelines setting forth the criteria the Department shall

24 use in determining whether to accept a gift, bequest, or

25 devise. Such criteria shall take into consideration whether
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1 the acceptance of the property would reflect unfavorably

2 upon the Department’s or any employee’s ability to carry

3 out its responsibilities or official duties in a fair and objec4 tive manner, or would compromise the integrity of or the

5 appearance of the integrity of a Government program or

6 any official involved in that program.

7 (b) SEAL OF THE DEPARTMENT.—(1) On the effec8 tive date of this Act, the seal of the Environmental Protec9 tion Agency with appropriate changes shall be the seal of

10 the Department of Environmental Protection, until such

11 time as the Secretary may cause a seal of office to be made

12 for the Department of Environmental Protection of such

13 design as the Secretary shall approve.

14 (2)(A) Chapter 33 of title 18, United States Code,

15 is amended by adding at the end thereof the following new

16 section:

17 ‘‘§ 716. Department of Environmental Protection Seal

18 ‘‘(a) Whoever knowingly displays any printed or other

19 likeness of the official seal of the Department of Environ20 mental Protection, or any facsimile thereof, in, or in con21 nection with, any advertisement, poster, circular, book,

22 pamphlet, or other publication, public meeting, play, mo23 tion picture, telecast, or other production, or on any build24 ing, monument, or stationery, for the purpose of convey25 ing, or in a manner reasonably calculated to convey, a
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1 false impression of sponsorship or approval by the Govern2 ment of the United States or by any department, agency,

3 or instrumentality thereof, shall be fined not more than

4 $250 or imprisoned not more than 6 months, or both.

5 ‘‘(b) Whoever, except as authorized under regulations

6 promulgated by the Secretary of Environmental Protec7 tion and published in the Federal Register, knowingly

8 manufactures, reproduces, sells, or purchases for resale,

9 either separately or appended to any article manufactured

10 or sold, any likeness of the official seal of the Department

11 of Environmental Protection, or any substantial part

12 thereof, except for manufacture or sale of the article for

13 the official use of the Government of the United States,

14 shall be fined not more than $250 or imprisoned not more

15 than 6 months, or both.

16 ‘‘(c) A violation of subsection (a) or (b) may be en17 joined at the suit of the Attorney General of the United

18 States upon complaint by any authorized representative

19 of the Secretary of the Department of Environmental Pro20 tection.’’.

21 (B) The table of sections for chapter 33 of title 18,

22 United States Code, is amended by adding at the end

23 thereof:

‘‘716. Department of Environmental Protection Seal.’’.

24 (c) ACQUISITION OF COPYRIGHTS AND PATENTS.—

25 The Secretary is authorized to acquire any of the following
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1 described rights if the property acquired thereby is for use

2 by or for, or useful to, the Department:

3 (1) copyrights, patents, and applications for

4 patents, designs, processes, and manufacturing data;

5 (2) licenses under copyrights, patents, and ap6 plications for patents; and

7 (3) releases, before suit is brought, for past in8 fringement of patents or copyrights.

9 (d) ADVISORY COMMITTEE COMPENSATION.—The

10 Secretary is authorized to pay members of advisory com11 mittees and others who perform services as authorized

12 under section 3109 of title 5, United States Code, at rates

13 for individuals not to exceed the per diem rate equivalent

14 to the rate for level V of the Executive Schedule under

15 section 5316 of title 5, United States Code.

16 SEC. 116. INHERENTLY GOVERNMENTAL FUNCTIONS.

17 (a) GOVERNMENT OFFICERS AND EMPLOYEES.—(1)

18 Inherently governmental functions of the Department

19 shall be performed only by officers and employees of the

20 United States. For purposes of this section, the term ‘‘in21 herently governmental function’’ means any activity which

22 is so intimately related to the public interest as to man23 date performance by Government officers and employees.

24 Inherently governmental functions include those activities

25 which require either the exercise of discretion in applying
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1 Government authority or the use of value judgment in

2 making decisions for the Government. The Secretary shall

3 promulgate regulations or internal guidance to implement

4 this section. This section is not intended, and may not be

5 construed, to create any right or benefit, substantive or

6 procedural, enforceable at law by a party against the Unit7 ed States, the Department, its officers, or any person.

8 (b) CONFLICTS OF INTEREST.—(1) The Secretary

9 shall by regulation require any person proposing to enter

10 into a contract, grant, or cooperative agreement whether

11 by sealed bid or negotiation, for the conduct of research,

12 development, evaluation activities, or for consulting serv13 ices, to provide the Secretary, prior to entering into any

14 such contract, agreement, or arrangement, with all rel15 evant information, as determined by the Secretary, bear16 ing on whether that person has a possible conflict of inter17 est with respect to—

18 (A) being able to render impartial, technically

19 sound, or objective assistance or advice in light of

20 other activities or relationships with other persons;

21 or

22 (B) being given an unfair competitive advan23 tage.

24 (2) Such person shall ensure, in accordance with reg25 ulations prescribed by the Secretary, compliance with this
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1 section by subcontractors of such person who are engaged

2 to perform similar services.

3 (3) For purposes of this subsection, the term ‘‘con4 sulting services’’ includes—

5 (A) management and professional support serv6 ices;

7 (B) studies, analyses, and evaluations;

8 (C) engineering and technical services, exclud9 ing routine engineering services such as automated

10 data processing and architect and engineering con11 tracts; and

12 (D) research and development.

13 (c) REQUIRE AFFIRMATIVE FINDING; CONFLICTS OF

14 INTEREST WHICH CANNOT BE AVOIDED; MITIGATION OF

15 CONFLICTS.—(1) Subject to the provisions of paragraph

16 (2), the Secretary may not enter into any such contract,

17 agreement, or arrangement, unless he affirmatively finds,

18 after evaluating all such information and any other rel19 evant information otherwise available to him, either that—

20 (A) there is little or no likelihood that a conflict

21 of interest would exist; or

22 (B) that such conflict has been avoided after

23 appropriate conditions have been included in such

24 contract, agreement, or arrangement.
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1 (2) If the Secretary determines that such conflict of

2 interest exists and that such conflict of interest cannot be

3 avoided by including appropriate conditions therein, the

4 Secretary may enter into such contract, agreement, or ar5 rangement, if the Secretary—

6 (A) determines that it is in the best interests of

7 the United States to do so; and

8 (B) includes appropriate conditions in such con9 tract, agreement, or arrangement to mitigate such

10 conflict.

11 (d) PUBLIC NOTICE REGARDING CONFLICTS OF IN12 TEREST.—The Secretary shall promulgate regulations

13 which require public notice to be given whenever the Sec14 retary determines that the award of a contract, agreement,

15 or arrangement may result in a conflict of interest which

16 cannot be avoided by including appropriate conditions

17 therein.

18 (e) DISCLAIMER.—Nothing in this section shall pre19 clude the Department from promulgating regulations to

20 monitor potential conflicts after the contract award.

21 (f) CENTRAL FILE.—The Department shall maintain

22 a central file regarding all cases when a public notice is

23 issued. Other information required under this section shall

24 also be compiled. Access to this information shall be con25 trolled to safeguard any proprietary information.
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1 (g) REGULATIONS.—No later than 120 days after the

2 effective date of this Act, the Secretary shall promulgate

3 regulations for the implementation of this section.

4 SEC. 117. REFERENCES.

5 Reference in any other Federal law, Executive order,

6 rule, regulation, or delegation of authority, or any docu7 ment of or pertaining—

8 (1) to the Administrator of the Environmental

9 Protection Agency shall be deemed to refer to the

10 Secretary of Environmental Protection;

11 (2) to the Environmental Protection Agency

12 shall be deemed to refer to the Department of Envi13 ronmental Protection;

14 (3) to the Deputy Administrator of the Envi15 ronmental Protection Agency shall be deemed to

16 refer to the Deputy Secretary of Environmental Pro17 tection; or

18 (4) to any Assistant Administrator of the Envi19 ronmental Protection Agency shall be deemed to

20 refer to an Assistant Secretary of the Department of

21 Environmental Protection.

22 SEC. 118. SAVINGS PROVISIONS.

23 (a) CONTINUING EFFECT OF LEGAL DOCUMENTS.—

24 All orders, determinations, rules, regulations, permits,
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1 agreements, grants, contracts, certificates, licenses, reg2 istrations, privileges, and other administrative actions—

3 (1) which have been issued, made, granted, or

4 allowed to become effective by the President, by the

5 Administrator of the Environmental Protection

6 Agency, or by a court of competent jurisdiction, in

7 the performance of functions of the Administrator or

8 the Environmental Protection Agency, and

9 (2) which are in effect at the time this title

10 takes effect, or were final before the effective date

11 of this Act and are to become effective on or after

12 the effective date of this Act,

13 shall continue in effect according to their terms until

14 modified, terminated, superseded, set aside, or revoked in

15 accordance with law by the President, the Secretary of En16 vironmental Protection, or other authorized official, a

17 court of competent jurisdiction, or by operation of law.

18 (b) PROCEEDINGS NOT AFFECTED.—The provisions

19 of this title shall not affect any proceedings or any applica20 tion for any license, permit, certificate, or financial assist21 ance pending before the Environmental Protection Agency

22 at the time this title takes effect, but such proceedings

23 and applications shall be continued. Orders shall be issued

24 in such proceedings, appeals shall be taken therefrom, and

25 payments shall be made pursuant to such orders, as if this
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1 title had not been enacted, and orders issued in any such

2 proceedings shall continue in effect until modified, termi3 nated, superseded, or revoked by a duly authorized official,

4 by a court of competent jurisdiction, or by operation of

5 law. Nothing in this subsection shall be deemed to prohibit

6 the discontinuance or modification of any such proceeding

7 under the same terms and conditions and to the same ex8 tent that such proceeding could have been discontinued

9 or modified if this title had not been enacted.

10 (c) SUITS NOT AFFECTED.—The provisions of this

11 title shall not affect suits commenced before the date this

12 title takes effect, and in all such suits, proceedings shall

13 be had, appeals taken, and judgments rendered in the

14 same manner and with the same effect as if this title had

15 not been enacted.

16 (d) NONABATEMENT OF ACTIONS.—No suit, action,

17 or other proceeding commenced by or against the Environ18 mental Protection Agency, or by or against any individual

19 in the official capacity of such individual as an officer of

20 the Environmental Protection Agency, shall abate by rea21 son of the enactment of this Act.

22 (e) ADMINISTRATIVE ACTIONS RELATING TO PRO23 MULGATION OF REGULATIONS.—Any administrative ac24 tion relating to the preparation or promulgation of a regu25 lation by the Environmental Protection Agency may be
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1 continued by the Department with the same effect as if

2 this title had not been enacted.

3 (f) PROPERTY AND RESOURCES.—The contracts, li4 abilities, records, property, and other assets and interests

5 of the Environmental Protection Agency shall, after the

6 effective date of this Act, be considered to be the con7 tracts, liabilities, records, property, and other assets and

8 interests of the Department.

9 (g) SAVINGS.—The Department of Environmental

10 Protection and its officers, employees, and agents shall

11 have all the powers and authorities of the Environmental

12 Protection Agency.

13 SEC. 119. CONFORMING AMENDMENTS.

14 (a) PRESIDENTIAL SUCCESSION.—Section 19(d)(1)

15 of title 3, United States Code, is amended by inserting

16 before the period at the end thereof the following: ‘‘, Sec17 retary of Environmental Protection’’.

18 (b) DEFINITION OF DEPARTMENT, CIVIL SERVICE

19 LAWS.—Section 101 of title 5, United States Code, is

20 amended by adding at the end thereof the following: ‘‘The

21 Department of Environmental Protection’’.

22 (c) COMPENSATION, LEVEL I.—Section 5312 of title

23 5, United States Code, is amended by adding at the end

24 thereof the following: ‘‘Secretary of Environmental Protec25 tion’’.
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1 (d) COMPENSATION, LEVEL II.—Section 5313 of title

2 5, United States Code, is amended by striking out ‘‘Ad3 ministrator of Environmental Protection Agency’’ and in4 serting in lieu thereof ‘‘Deputy Secretary of Environ5 mental Protection’’.

6 (e) COMPENSATION, LEVEL IV.—Section 5315 of

7 title 5, United States Code, is amended—

8 (1) by striking out ‘‘Inspector General, Envi9 ronmental Protection Agency’’ and inserting in lieu

10 thereof ‘‘Inspector General, Department of Environ11 mental Protection’’; and

12 (2) by striking each reference to an Assistant

13 Administrator of the Environmental Protection

14 Agency and by adding at the end thereof the follow15 ing:

16 ‘‘Assistant Secretaries, Department of Environ17 mental Protection (12).

18 ‘‘General Counsel, Department of Environ19 mental Protection.’’; and

20 (3) by striking out ‘‘Chief Financial Officer,

21 Environmental Protection agency’’ and inserting in

22 lieu thereof ‘‘Chief Financial Officer, Department of

23 Environmental Protection’’.
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1 (f) COMPENSATION, LEVEL V.—Section 5316 of title

2 5, United States Code, is amended by adding at the end

3 thereof the following:

4 ‘‘Director of the Bureau of Environmental Sta5 tistics, Department of Environmental Protection.

6 ‘‘Executive Director of the Commission on Im7 proving Environmental Protection.’’.

8 (g) INSPECTOR GENERAL ACT.—The Inspector Gen9 eral Act of 1978 is amended—

10 (1) in section 11(1), by inserting ‘‘Environ11 mental Protection,’’ after ‘‘Energy,’’; and

12 (2) in section 11(2), by inserting ‘‘Environ13 mental Protection,’’ after ‘‘Energy,’’.

14 SEC. 120. ADDITIONAL CONFORMING AMENDMENTS.

15 After consultation with the Committee on Govern16 mental Affairs and the Committee on Environment and

17 Public Works and other appropriate committees of the

18 United States Senate and the appropriate committees of

19 the House of Representatives, the Secretary of Environ20 mental Protection shall prepare and submit to the Con21 gress legislation which the Secretary determines is nec22 essary and appropriate containing technical and conform23 ing amendments to the United States Code, and to other

24 provisions of law, to reflect the changes made by this title.
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1 SEC. 121. SENSE OF THE SENATE.

2 It is the sense of the Senate that building the capac3 ity of State and local governments to more efficiently and

4 effectively implement and manage environmental regula5 tions should be a primary mission of the Department of

6 Environmental Protection.

7 SEC. 122. OFFICE OF ENVIRONMENTAL JUSTICE.

8 There is established within the Department the Office

9 of Environmental Justice. The Office of Environmental

10 Justice shall—

11 (1) develop a strategic plan to ensure equality

12 in environmental protection;

13 (2) evaluate whether environmental policy is

14 helping individuals who suffer the highest exposure

15 to pollution, and identify opportunities for prevent16 ing or reducing such exposure;

17 (3) compile an annual report on progress in

18 achieving environmental equity;

19 (4) require the collection of data on environ20 mental health effects so that impacts on different in21 dividuals or groups can be understood;

22 (5) identify environmental high impact areas

23 which are subject to the highest loadings of toxic

24 chemicals, through all media; and
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1 (6) assess the health effects that may be caused

2 by emissions in the environmental high impact areas

3 of highest impact.

4 SEC. 123. WETLAND DETERMINATIONS BY A SINGLE AGEN5 CY.

6 In consultation with the Secretary of Agriculture, the

7 Secretary of Environmental Protection, the Secretary of

8 the Army, and the Secretary of the Interior, the President

9 shall, within 90 days of the date of enactment of this Act,

10 make recommendations and report to the Congress on

11 measures to—

12 (1) provide that a single Federal agency be re13 sponsible for making technical determinations, in14 cluding identification of wetlands, on agricultural

15 lands with respect to wetland or converted wetland

16 in order to reduce confusion among agricultural pro17 ducers; and

18 (2) provide that the Soil Conservation Service

19 be the Federal agency responsible for all such tech20 nical determinations concerning wetlands on agricul21 tural lands.
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1 Subtitle B—Establishment of the

2 Commission on Improving Envi3 ronmental Protection

4 SEC. 201. ESTABLISHMENT; MEMBERSHIP.

5 (a) ESTABLISHMENT.—There is established the Com6 mission on Improving Environmental Protection (here7 after referred to as ‘‘the Commission’’) whose 13 members

8 including the Chairman shall be composed of experts in

9 governmental organization (with emphasis on environ10 mental organization), management of organizations and

11 environmental regulation and improved environmental

12 governmental service delivery, consisting of—

13 (1) 7 members to be appointed by the Presi14 dent;

15 (2) 2 members to be appointed by the Speaker

16 of the House of Representatives;

17 (3) 1 member to be appointed by the Minority

18 Leader of the House of Representatives;

19 (4) 2 members to be appointed by the Senate

20 Majority Leader; and

21 (5) 1 member to be appointed by the Senate

22 Minority Leader.

23 (b) CHAIRMAN.—The Chairman of the Commission

24 shall be appointed by the President.
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1 (c) POLITICAL PARTY AFFILIATION.—Notwithstand2 ing any other provision of this section, no more than 7

3 members of the Commission may be from the same politi4 cal party.

5 SEC. 202. COMMISSION RESPONSIBILITIES.

6 (a) RESPONSIBILITIES.—The Commission shall be

7 responsible for examining and making recommendations

8 on the management and implementation of the environ9 mental laws and programs within the jurisdiction of the

10 Department of Environmental Protection in order to en11 hance the ability of the Department to preserve and pro12 tect human health and the environment. The Commission

13 shall make recommendations and otherwise advise the

14 President and the Congress on the need to—

15 (1) enhance and strengthen the management

16 and implementation of existing programs within the

17 Department;

18 (2) enhance the organization of the Department

19 to eliminate duplication and overlap between dif20 ferent programs;

21 (3) enhance the coordination between different

22 programs and offices within the Department;

23 (4) enhance the consistency of policies through24 out the Department;
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1 (5) establish new and enhanced small business

2 and small governmental jurisdictions compliance as3 sistance programs, and to strengthen organizational

4 mechanisms in the Department for providing better

5 compliance and technical assistance to small busi6 nesses and small governmental jurisdictions; and

7 (6) enhance the capacity of State and local gov8 ernments to manage, finance, and implement envi9 ronmental laws (including regulations).

10 (b) RECOMMENDATIONS.—The Commission shall

11 provide specific steps and proposals for implementing the

12 Commission’s recommendations including an estimate of

13 the costs of implementing such recommendations, except

14 that the Commission shall not suggest substantive changes

15 in the policy expressed by existing laws.

16 (c) CONFLICT OF INTERESTS.—For purposes of the

17 provisions of chapter 11 of part I of title 18, United States

18 Code, a member of the Commission (to whom such provi19 sions would not otherwise apply except for this subsection)

20 shall be a special Government employee.

21 SEC. 203. REPORT TO THE PRESIDENT AND CONGRESS.

22 The Commission shall report to the President and the

23 Congress on its investigation, findings, and recommenda24 tions in an interim report no later than 12 months after

25 the effective date of this subtitle, and in a final report
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1 no later than 24 months after the effective date of this

2 subtitle. The interim report shall be made available for

3 public review and comment, and the comments taken into

4 account in finalizing the report.

5 SEC. 204. COMMISSION STAFF.

6 The Commission shall appoint an Executive Director

7 who shall be compensated at a rate not to exceed the rate

8 of basic pay prescribed for level V of the Executive Sched9 ule under section 5316 of title 5, United States Code.

10 With the approval of the Commission the Executive Direc11 tor may appoint and fix the compensation of staff suffi12 cient to enable the Commission to carry out its duties.

13 SEC. 205. ADVISORY GROUPS.

14 The Chairman shall convene at least one advisory

15 group to assist the Commission in developing its rec16 ommendations. One advisory group shall be composed of

17 past staff of the Department of Environmental Protection

18 and its predecessor Environmental Protection Agency,

19 other Federal and State officials experienced in admin20 istering environmental protection programs, members of

21 the regulated community and members of public interest

22 groups organized to further the goals of environmental

23 protection. The Executive Director is authorized to pay

24 members of advisory committees and others who perform

25 services as authorized under section 3109 of title 5, Unit-
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1 ed States Code, at rates for individuals not to exceed the

2 per diem rate equivalent to the rate for level V of the Ex3 ecutive Schedule under section 5316 of title 5, United

4 States Code. The advisory group shall be subject to the

5 provisions of the Federal Advisory Committee Act.

6 SEC. 206. TERMINATION OF COMMISSION.

7 No later than 90 days after the date on which the

8 Commission submits its final report, the Commission shall

9 terminate unless otherwise directed by the President.

10 SEC. 207. FUNDING; AUTHORIZATION OF APPROPRIATIONS.

11 There are authorized to be appropriated $2,000,000

12 in fiscal year 1993 and $2,000,000 in fiscal year 1994

13 to carry out the provisions of this subtitle.

14 Subtitle C—Effective Date

15 SEC. 301. EFFECTIVE DATE.

16 This title and the amendments made by this title

17 shall take effect on such date during the 6-month period

18 beginning on the date of enactment, as the President may

19 direct in an Executive order. If the President fails to issue

20 an Executive order for the purpose of this section, this
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1 title and such amendments shall take effect 6 months after

2 the date of the enactment of this Act.

Passed the Senate May 19 (legislative day, May 16),

1994.

Attest:

Secretary.
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S 2019 ES——7

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S 2019 ES——9

S 2019 ES——10

S 2019 ES——11

S 2019 ES——12

S 2019 ES——13

S 2019 ES——14

S 2019 ES——15

S 2019 ES——16

S 2019 ES——17

S 2019 ES——18

S 2019 ES——19

S 2019 ES——20