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[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 2019 Engrossed in Senate (ES)]

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.
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
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.

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

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

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

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

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

Sec. 301. Effective date.
    (c) References to Title XIV of the Public Health Service Act.--
Except as otherwise expressly provided, whenever in this Act an 
amendment or repeal is expressed in terms of an amendment to, or repeal 
of, a section or other provision, the reference shall be considered to 
be made to a section or other provision of title XIV of the Public 
Health Service Act (commonly known as the ``Safe Drinking Water Act'') 
(42 U.S.C. 300f et seq.).

SEC. 2. FINDINGS.

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

SEC. 3. STATE REVOLVING LOAN FUNDS.

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

                  ``PART G--STATE REVOLVING LOAN FUNDS

                          ``general authority

    ``Sec. 1471. (a) Capitalization Grant Agreements.--The 
Administrator shall offer to enter into an agreement with each State to 
make capitalization grants to the State pursuant to section 1472 
(referred to in this part as `capitalization grants') to establish a 
drinking water treatment State revolving loan fund (referred to in this 
part as a `State loan fund').
    ``(b) Requirements of Agreements.--An agreement entered into 
pursuant to this section shall establish, to the satisfaction of the 
Administrator, that--
            ``(1) the State has established a State loan fund that 
        complies with the requirements of this part;
            ``(2) the State loan fund will be administered by an 
        instrumentality of the State that has the powers and 
        authorities that are required to operate the State loan fund in 
        accordance with this part;
            ``(3) the State will deposit the capitalization grants into 
        the State loan fund;
            ``(4) the State will deposit all loan repayments received, 
        and interest earned on the amounts deposited into the State 
        loan fund under this part, into the State loan fund;
            ``(5) the State will deposit into the State loan fund an 
        amount equal to at least 20 percent of the total amount of each 
        payment to be made to the State on or before the date on which 
        the payment is made to the State, except as provided in 
        subsection (c)(4);
            ``(6) the State will use funds in the State loan fund in 
        accordance with an intended use plan prepared pursuant to 
        section 1474(b);
            ``(7) the State and loan recipients that receive funds that 
        the State makes available from the State loan fund will use 
        accounting, audit, and fiscal procedures that conform to 
        generally accepted accounting standards, as determined by the 
        Administrator; and
            ``(8) the State has adopted policies and procedures to 
        ensure that loan recipients are reasonably likely to be able to 
        repay a loan.
    ``(c) Administration of State Loan Funds.--
            ``(1) In general.--The authority to establish assistance 
        priorities for financial assistance provided with amounts 
        deposited into the State loan fund shall remain with the State 
        agency that has primary responsibility for the administration 
        of the State program pursuant to section 1413(a), after 
        consultation with other appropriate State agencies.
            ``(2) Financial administration.--A State may combine the 
        financial administration of the State loan fund pursuant to 
        this part with the financial administration of a State water 
        pollution control revolving fund established by the State 
        pursuant to title VI of the Federal Water Pollution Control Act 
        (33 U.S.C. 1381 et seq.) or other State revolving funds 
        providing financing for similar purposes if the Administrator 
        determines that the grants to be provided to the State under 
        this part, together with loan repayments and interest deposited 
        into the State loan fund pursuant to this part, will be 
        separately accounted for and used solely for the purposes of 
        and in compliance with the requirements specified in this part.
            ``(3) Transfer of funds.--
                    ``(A) In general.--Notwithstanding any other 
                provision of law, a Governor of a State may--
                            ``(i) reserve up to 50 percent of a 
                        capitalization grant made pursuant to section 
                        1472 and add the funds reserved to any funds 
                        provided to the State pursuant to section 601 
                        of the Federal Water Pollution Control Act (33 
                        U.S.C. 1381); and
                            ``(ii) reserve in any year a dollar amount 
                        up to the dollar amount that may be reserved 
                        under clause (i) for that year from 
                        capitalization grants made pursuant to section 
                        601 of such Act (33 U.S.C. 1381) and add the 
                        reserved funds to any funds provided to the 
                        State pursuant to section 1472.
                    ``(B) State match.--Funds reserved pursuant to this 
                paragraph shall not be considered a State match of a 
                capitalization grant required pursuant to this title or 
                the Federal Water Pollution Control Act (33 U.S.C. 1251 
                et seq.).
            ``(4) State match.--Notwithstanding subsection (b)(5), a 
        State shall not be required to deposit a State matching amount 
        in the fund prior to the date on which each payment is made for 
        payments from funds appropriated for fiscal years 1994 and 
        1995, if the matching amounts for the payments are deposited in 
        the State fund prior to September 30, 1998.

                        ``capitalization grants

    ``Sec. 1472. (a) General Authority.--The Administrator may make 
grants to capitalize State loan funds to a State that has entered into 
an agreement pursuant to section 1471.
    ``(b) Formula for Allotment of Funds.--
            ``(1) In general.--Subject to subsection (c) and paragraph 
        (2), funds made available to carry out this part shall be 
        allotted to States that have entered into an agreement pursuant 
        to section 1471 in accordance with--
                    ``(A) for each of fiscal years 1994 through 1997, a 
                formula that is the same as the formula used to 
                distribute public water system supervision grant funds 
                under section 1443 in fiscal year 1994, except that the 
                minimum proportionate share established in the formula 
                shall be 1 percent of available funds and the formula 
                shall be adjusted to include a minimum proportionate 
                share for the State of Wyoming; and
                    ``(B) for each of fiscal years 1998 through 2000, a 
                formula that allocates to each State the proportional 
                share of the State needs identified in the most recent 
                survey conducted pursuant to section 1475(c), except 
                that the minimum proportion provided to each State 
                shall be the same as the minimum proportion provided 
                under subparagraph (A).
            ``(2) Other jurisdictions.--The formula established 
        pursuant to paragraph (1) shall reserve a total of not less 
        than 0.5 percent of the amounts made available to carry out 
        this part for a fiscal year for providing direct grants to the 
        jurisdictions, other than Indian tribes, referred to in 
        subsection (f).
    ``(c) Reservation of Funds for Indian Tribes.--
            ``(1) In general.--For each fiscal year, prior to the 
        allotment of funds made available to carry out this part, the 
        Administrator shall reserve 1.5 percent of the funds for 
        providing financial assistance to Indian tribes pursuant to 
        subsection (f).
            ``(2) Use of funds.--Funds reserved pursuant to paragraph 
        (1) shall be used to address the most significant threats to 
        public health associated with public water systems that serve 
        Indian tribes, as determined by the Administrator in 
        consultation with the Commissioner of Indian Affairs and Indian 
        tribes.
            ``(3) Needs assessment.--The Administrator, in consultation 
        with the Commissioner of Indian Affairs and Indian tribes, 
        shall, in accordance with a schedule that is consistent with 
        the needs surveys conducted pursuant to section 1475(c), 
        prepare surveys and assess the needs of drinking water 
        treatment facilities to serve Indian tribes, including an 
        evaluation of the public water systems that pose the most 
        significant threats to public health.
    ``(d) Technical Assistance for Small Systems.--
            ``(1) Definitions.--As used in this subsection:
                    ``(A) Small system.--The term `small system' means 
                a public water system that serves a population of 
                10,000 or less.
                    ``(B) Technical assistance.--The term `technical 
                assistance' means assistance provided by a State to a 
                small system, including assistance to potential loan 
                recipients and assistance for planning and design 
                related to the development and implementation of a 
                source water quality protection petition program, 
                alternative supplies of drinking water, restructuring 
                or consolidation of a small system, and treatment to 
                comply with a national primary drinking water 
                regulation.
            ``(2) Reservation of funds.--To provide technical 
        assistance pursuant to this subsection, each State may reserve 
        from capitalization grants received in any year an amount that 
        does not exceed the greater of--
                    ``(A) an amount equal to 2 percent of the amount of 
                the capitalization grants received by the State 
                pursuant to this section; or
                    ``(B) $300,000.
    ``(e) Allotment Period.--
            ``(1) Period of availability for financial assistance.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B), the sums allotted to a State pursuant 
                to subsection (b) for a fiscal year shall be available 
                to the State for obligation during the fiscal year for 
                which the sums are authorized and during the following 
                fiscal year.
                    ``(B) Funds made available for fiscal year 1994.--
                The sums allotted to a State pursuant to subsection (b) 
                from funds that are made available by appropriations 
                for fiscal year 1994 shall be available to the State 
                for obligation during each of fiscal years 1994 through 
                1996.
            ``(2) Reallotment of unobligated funds.--Prior to 
        obligating new allotments made available to the State pursuant 
        to subsection (b), each State shall obligate funds accumulated 
        before a date that is 180 days prior to the date of the 
        obligation of a new allotment from loan repayments and interest 
        earned on amounts deposited in a State loan fund. The amount of 
        any allotment that is not obligated by a State by the last day 
        of the period of availability established by paragraph (1) may, 
        at the election of the Governor of such State, be reallocated 
        in the form of additional grants pursuant to subsection (f)(1) 
        for eligible projects. Otherwise such amount shall be 
        immediately reallotted by the Administrator on the basis of the 
        same ratio as is applicable to sums allotted under subsection 
        (b), except that the Administrator may reserve and allocate 10 
        percent of such remaining amount for financial assistance to 
        Indian tribes in addition to the amount allotted under section 
        1472(c). None of the funds reallotted by the Administrator 
        shall be reallotted to any State that has not obligated all 
        sums allotted to the State pursuant to this section during the 
        period that the sums were available for obligation.
            ``(3) Allotment of withheld funds.--All funds withheld by 
        the Administrator pursuant to subsection (g) and section 
        1442(e)(4) shall be allotted by the Administrator on the basis 
        of the same ratio as is applicable to funds allotted under 
        subsection (b). None of the funds allotted by the Administrator 
        pursuant to this paragraph shall be allotted to a State unless 
        the State has viability authority pursuant to section 1418 and 
        has an adequate certification program pursuant to section 
        1442(e).
    ``(f) Direct Grants.--
            ``(1) In general.--The Administrator is authorized to make 
        grants for the improvement of public water systems of Indian 
        tribes, the District of Columbia, the United States Virgin 
        Islands, the Commonwealth of the Northern Mariana Islands, 
        American Samoa, Guam, and the Republic of Palau (pending the 
        entry into full force and effect of the Compact of Free 
        Association between the United States and the Republic of 
        Palau); and
            ``(2) Alaska native villages.--In the case of a grant for a 
        project under this subsection in an Alaska Native village, the 
        Administrator is also authorized to make grants to the State of 
        Alaska for the benefit of Native villages. An amount not to 
        exceed 4 percent of the grant amount may be used by the State 
        of Alaska for project management.
    ``(g) Viability.--Beginning in fiscal year 1998, the Administrator 
shall withhold the percentage prescribed in the following sentence of 
each capitalization grant made pursuant to this section to a State if 
the Administrator has not approved a viability program pursuant to 
section 1418(c) for the State. The percentage withheld shall be 10 
percent for fiscal year 1998, 30 percent for fiscal year 1999, and 30 
percent for each subsequent fiscal year.

                         ``eligible assistance

    ``Sec. 1473. (a) In General.--The amounts deposited into a State 
loan fund, including any amounts equal to the amounts of loan 
repayments and interest earned on the amounts deposited, may be used by 
the State to carry out projects that are consistent with this section.
    ``(b) Projects Eligible for Assistance.--
            ``(1) In general.--The amounts deposited into a State loan 
        fund shall be used only for providing financial assistance for 
        capital expenditures (excluding the cost of land acquisition, 
        unless the cost is incurred to acquire land for the 
        construction of a treatment facility or for a consolidation 
        project) for--
                    ``(A) capital expenditures for a project that will 
                facilitate compliance with national primary drinking 
                water regulations promulgated pursuant to section 1412;
                    ``(B) capital expenditures for a project that will 
                facilitate the consolidation of public water systems or 
                the use of an alternative source of water supply;
                    ``(C) capital expenditures for a project that will 
                upgrade a drinking water treatment system; and
                    ``(D) capital expenditures for the development of a 
                public water system to replace private drinking water 
                supplies if the water poses a significant threat to 
                human health.
            ``(2) Assistance to nonviable systems.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B), no assistance under this part shall 
                be provided to a public water system that--
                            ``(i) does not have the technical, 
                        managerial, and financial capability to ensure 
                        compliance with the requirements of this title; 
                        and
                            ``(ii) has a history of past violations of 
                        any maximum contaminant level, treatment 
                        technique, monitoring requirement, or other 
                        requirement of a national primary drinking 
                        water regulation or variance.
                    ``(B) Restructuring.--A nonviable public water 
                system may receive assistance under this part if the 
                owner or operator of the system agrees to undertake 
                changes in operations (including ownership, management, 
                accounting, rates, maintenance, consolidation, 
                alternative water supply, or other procedures) to 
                ensure that the system has the technical, managerial, 
                and financial capability to comply with the 
                requirements of this title over the long-term.
                    ``(C) Prohibition.--No assistance under this part 
                shall be provided to a public water system for a 
                project for which the State determines that 
                consolidation is appropriate other than assistance for 
                consolidation.
    ``(c) Eligible Public Water Systems.--A State loan fund may provide 
financial assistance only to community water systems and publicly owned 
and nonprofit noncommunity water systems.
    ``(d) Types of Assistance.--Except as otherwise limited by State 
law, the amounts deposited into a State loan fund under this section 
may be used only--
            ``(1) to make loans, on the condition that--
                    ``(A) the interest rate for each loan is less than 
                or equal to the market interest rate, including an 
                interest free loan;
                    ``(B) principal and interest payments on each loan 
                will commence not later than 1 year after completion of 
                the project for which the loan was made and each loan 
                will be fully amortized not later than 20 years after 
                the completion of the project, except that in the case 
                of a disadvantaged community (as defined in subsection 
                (e)(1)), a State may provide an extended term for a 
                loan, if the extended term--
                            ``(i) terminates not later than the date 
                        that is 30 years after the date of project 
                        completion; and
                            ``(ii) does not exceed the expected design 
                        life of the project;
                    ``(C) the recipient of each loan will establish a 
                dedicated source of revenue for the repayment of the 
                loan; and
                    ``(D) the State loan fund will be credited with all 
                payments of principal and interest on each loan;
            ``(2) to buy or refinance the debt obligation of a 
        municipality or an intermunicipal or interstate agency within 
        the State at an interest rate that is less than or equal to the 
        market interest rate in any case in which a debt obligation is 
        incurred after October 14, 1993, or to refinance a debt 
        obligation for a project constructed to comply with a 
        regulation established pursuant to an amendment to this title 
        made by the Safe Drinking Water Act Amendments of 1986 (Public 
        Law 99-339; 100 Stat. 642);
            ``(3) to guarantee, or purchase insurance for, a local 
        obligation if the guarantee or purchase would improve credit 
        market access or reduce the interest rate applicable to the 
        obligation;
            ``(4) as a source of revenue or security for the payment of 
        principal and interest on revenue or general obligation bonds 
        issued by the State if the proceeds of the sale of the bonds 
        will be deposited into the State loan fund;
            ``(5) as a source of revenue or security for the payment of 
        interest on a local obligation; and
            ``(6) to earn interest on the amounts deposited into the 
        State loan fund.
    ``(e) Assistance for Disadvantaged Communities.--
            ``(1) Definition of disadvantaged community.--As used in 
        this subsection, the term `disadvantaged community' means the 
        service area of a public water system that meets affordability 
        criteria established after public review and comment by the 
        State in which the public water system is located. The 
        Administrator may publish information to assist States in 
        establishing affordability criteria.
            ``(2) Loan subsidy.--Notwithstanding subsection (d), in any 
        case in which the State makes a loan pursuant to subsection (d) 
        to a disadvantaged community or to a community that the State 
        expects to become a disadvantaged community as the result of a 
        proposed project, the State may provide additional 
        subsidization (including forgiveness of principal).
            ``(3) Total amount of subsidies.--For each fiscal year, the 
        total amount of loan subsidies made by a State pursuant to 
        paragraph (2) may not exceed 30 percent of the amount of the 
        capitalization grant received by the State for the year.

                    ``state loan fund administration

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

                      ``state loan fund management

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

                             ``enforcement

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

                           ``labor standards

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

                       ``regulations and guidance

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

                   ``authorization of appropriations

    ``Sec. 1479. (a) General Authorization.--There are authorized to be 
appropriated to the Environmental Protection Agency to carry out this 
part $600,000,000 for fiscal year 1994 and $1,000,000,000 for each of 
fiscal years 1995 through 2000.
    ``(b) National Academy of Sciences.--The Administrator is 
authorized to reserve from funds appropriated pursuant to this section 
for fiscal year 1995 an amount not to exceed $1,000,000 to support a 
study by the National Academy of Sciences of scientific practices 
related to the development of drinking water standards for contaminants 
that are regulated on the basis of a health effect other than a 
carcinogenic effect.''.
    (b) Definitions.--Section 1401 (42 U.S.C. 300f) is amended--
            (1) in paragraph (13)--
                    (A) by striking ``The'' and inserting ``(A) Except 
                as provided in subparagraph (B), the''; and
                    (B) by adding at the end the following new 
                subparagraph:
            ``(B) For purposes of part G, the term `State' means each 
        of the 50 States and the Commonwealth of Puerto Rico.'';
            (2) in paragraph (14), by adding at the end the following 
        new sentence: ``For purposes of part G, the term includes any 
        Native village, as defined in section 3(c) of the Alaska Native 
        Claims Settlement Act (43 U.S.C. 1602(c)).''; and
            (3) by adding at the end the following new paragraphs:
            ``(15) The term `community water system' means a public 
        water system that--
                    ``(A) serves at least 15 service connections used 
                by year-round residents of the area served by the 
                system; or
                    ``(B) regularly serves at least 25 year-round 
                residents.
            ``(16) The term `noncommunity water system' means a public 
        water system that is not a community water system.''.

SEC. 4. NATIONAL DRINKING WATER REGULATIONS.

    (a) Standards.--Section 1412(b) (42 U.S.C. 300g-1(b)) is amended by 
striking ``(b)(1)'' and all that follows through the end of paragraph 
(2) and inserting the following:
    ``(b) Standard Setting Schedules and Deadlines.--
            ``(1) In general.--
                    ``(A) Goals and regulations for certain 
                contaminants.--In the case of those contaminants listed 
                in the Advance Notice of Proposed Rulemaking published 
                in volume 47, Federal Register, page 9352, and in 
                volume 48, Federal Register, page 45502, the 
                Administrator shall publish maximum contaminant level 
                goals and promulgate national primary drinking water 
                regulations--
                            ``(i) not later than 12 months after June 
                        19, 1986, for not less than 9 of the listed 
                        contaminants;
                            ``(ii) not later than 24 months after June 
                        19, 1986, for not less than 40 of the listed 
                        contaminants; and
                            ``(iii) not later than 36 months after June 
                        19, 1986, for the remainder of the listed 
                        contaminants.
                    ``(B) Substitution of contaminants.--If the 
                Administrator identifies a drinking water contaminant 
                the regulation of which, in the judgment of the 
                Administrator, is more likely to be protective of 
                public health (taking into account the schedule for 
                regulation under subparagraph (A)), the Administrator 
                may publish a maximum contaminant level goal and 
                promulgate a national primary drinking water regulation 
                for the identified contaminant in lieu of regulating 
                the contaminant referred to in such subparagraph. There 
                may be no more than 7 contaminants in subparagraph (A) 
                for which substitutions may be made. Regulation of a 
                contaminant identified under this subparagraph shall be 
                in accordance with the schedule applicable to the 
                contaminant for which the substitution is made.
            ``(2) Disinfectants and disinfection byproducts.--
                    ``(A) Proposed goals and regulation.--Not later 
                than May 31, 1994, the Administrator shall propose 
                maximum contaminant level goals or maximum residual 
                disinfectant level goals, and a national primary 
                drinking water regulation, for disinfectants and 
                disinfection byproducts (including maximum residual 
                disinfectant levels). The Administrator shall also 
                propose an interim enhanced surface water treatment 
                rule for systems serving a population of more than 
                10,000 that includes a maximum contaminant level goal 
                for cryptosporidium. The proposed regulation shall be 
                consistent with the `Disinfection and Disinfection 
                Byproducts Negotiated Rulemaking Committee Agreement'.
                    ``(B) Stage i regulation.--Not later than December 
                31, 1996, the Administrator shall, after notice and 
                opportunity for public comment, publish maximum 
                contaminant level goals or maximum residual 
                disinfectant level goals, and promulgate a revised 
                national primary drinking water regulation for 
                disinfectants and disinfection byproducts (including 
                maximum residual disinfectant levels) and an interim 
                enhanced surface water treatment rule for systems 
                serving a population of more than 10,000 for microbial 
                contaminants, including cryptosporidium.
                    ``(C) Information collection rule.--Not later than 
                July 29, 1994, the Administrator shall, after notice 
                and opportunity for comment, promulgate an information 
                collection rule to obtain information that will 
                facilitate further revisions to the national primary 
                drinking water regulation for disinfectants and 
                disinfection byproducts, including information on 
                microbial contaminants such as cryptosporidium.
                    ``(D) Proposed rule.--Not later than June 30, 1997, 
                the Administrator shall propose a long-term enhanced 
                surface water treatment rule for all public water 
                systems (including any appropriate revisions to the 
                interim regulations for public water systems serving a 
                population of more than 10,000) promulgated pursuant to 
                subparagraph (B).
                    ``(E) Final rule.--Not later than December 31, 
                1998, the Administrator shall promulgate a long-term 
                enhanced surface water treatment rule for all public 
                water systems (including any appropriate revisions to 
                the interim regulations for public water systems 
                serving a population of more than 10,000) promulgated 
                pursuant to subparagraph (B).
                    ``(F) Stage ii regulation.--Not later than June 30, 
                2000, the Administrator shall, after notice and 
                opportunity for comment, promulgate a revised national 
                primary drinking water regulation for disinfectants and 
                disinfection byproducts taking into account the 
                information collected under subparagraph (C). To the 
                extent practicable, the Administrator shall develop the 
                revised national primary drinking water regulation 
                through the negotiated rulemaking procedure provided 
                for under subchapter III of chapter 5 of title 5, 
                United States Code.''.
    (b) Filtration Technology for Small Systems.--Section 1412(b)(7)(C) 
(42 U.S.C. 300g-1(b)(7)(C) is amended by adding at the end the 
following new clause:
                            ``(v) Filtration technology for small 
                        systems.--At the same time as the Administrator 
                        proposes a regulation pursuant to paragraph 
                        (2)(A), the Administrator shall propose a 
                        regulation that describes treatment techniques 
                        that meet the requirements for filtration 
                        pursuant to this subparagraph and are feasible 
                        for community water systems serving a 
                        population of 3,300 or less and noncommunity 
                        water systems.''.
    (c) Identification of Contaminants for Listing.--Paragraph (3) of 
section 1412(b) (42 U.S.C. 300g-1(b)(3)) is amended to read as follows:
            ``(3) Identification of contaminants for listing.--
                    ``(A) General authority.--The Administrator shall 
                publish a maximum contaminant level goal, and 
                promulgate a national primary drinking water 
                regulation, for each contaminant (other than a 
                contaminant referred to in paragraph (1) or (2) for 
                which a national primary drinking water regulation has 
                been promulgated) if, in the judgment of the 
                Administrator, the contaminant may have an adverse 
                effect on the health of persons and the contaminant is 
                known or anticipated to occur in public water systems 
                with a frequency and at levels of public health 
                concern.
                    ``(B) Contaminants to be considered.--
                            ``(i) Initial list.--Not later than 3 years 
                        after the date of enactment of the Safe 
                        Drinking Water Act Amendments of 1994, the 
                        Administrator shall publish a list of not fewer 
                        than 15 contaminants that, in the judgment of 
                        the Administrator (after consultation with the 
                        Secretary of the Department of Health and Human 
                        Services acting through the Director of the 
                        Centers for Disease Control and Prevention), 
                        present the greatest public health concern, 
                        based on available information with respect to 
                        the adverse health effects associated with the 
                        contaminants and the known or anticipated 
                        occurrence of the contaminants in public water 
                        systems.
                            ``(ii) Subsequent lists.--Not later than 5 
                        years after the date of publication of the 
                        initial list under clause (i), and every 5 
                        years thereafter, the Administrator shall 
                        publish a list of not fewer than 7 additional 
                        contaminants meeting the criteria set forth in 
                        clause (i).
                            ``(iii) Comment.--The Administrator shall 
                        seek comment on each of the lists required 
                        under clauses (i) and (ii) prior to publication 
                        of each list from officials of State and local 
                        governments, operators of public water systems, 
                        the scientific community, and the general 
                        public.
                            ``(iv) List of contaminants.--Each of the 
                        contaminants listed pursuant to clause (ii) 
                        shall be on the list of contaminants 
                        established pursuant to section 1445(a)(2)(B).
                            ``(v) Proposed work plans.--Proposed work 
                        plans, including schedules and milestones, for 
                        meeting the requirements of subparagraphs (C), 
                        (D), and (E) shall be published at the time a 
                        list is published under this subparagraph.
                    ``(C) Proposed goal and regulation.--Not later than 
                18 months after the date on which a contaminant has 
                been listed pursuant to subparagraph (B), the 
                Administrator shall publish a maximum contaminant level 
                goal, and propose a national primary drinking water 
                regulation, for the contaminant, if the Administrator 
                determines that--
                            ``(i) appropriate, peer-reviewed, 
                        scientific information and an assessment of 
                        health risks, conducted in accordance with 
                        sound scientific practices (considering 
                        applicable guidance from the National Academy 
                        of Sciences), have been considered;
                            ``(ii) adequate data are available to 
                        develop the regulation; and
                            ``(iii) the contaminant meets the criteria 
                        for regulation established in subparagraph (A).
                A determination under this subparagraph shall be a 
                final agency action for purposes of section 1448.
                    ``(D) Final work plan for information.--Not later 
                than 18 months after the date on which a contaminant is 
                listed pursuant to subparagraph (B) and for each of the 
                contaminants for which a national primary drinking 
                water regulation is not proposed pursuant to 
                subparagraph (C)(ii), the Administrator shall publish a 
                final work plan with respect to the contaminant for 
                collecting information and conducting studies necessary 
                for development of a national primary drinking water 
                regulation for the contaminant.
                    ``(E) Publication of goal and regulation or 
                determination.--After the completion of studies for a 
                contaminant identified in a work plan under 
                subparagraph (D), but not later than 5 years after a 
                contaminant is first listed under subparagraph (B), the 
                Administrator shall publish--
                            ``(i) a maximum contaminant level goal and 
                        propose a national primary drinking water 
                        regulation for the contaminant; or
                            ``(ii) a determination that the contaminant 
                        does not meet the criteria for regulation under 
                        subparagraph (A).
                A determination under clause (ii) shall be a final 
                agency action for purposes of section 1448.
                    ``(F) Issuance of regulations.--The Administrator 
                shall promulgate a national primary drinking water 
                regulation for each contaminant for which a regulation 
                is proposed under this paragraph not later than 24 
                months after the date on which the regulation is 
                proposed.
                    ``(G) Urgent threats to public health.--The 
                Administrator may promulgate a national primary 
                drinking water regulation for a contaminant using 
                procedures other than the procedures specified in 
                subparagraphs (B) through (F) to address an urgent 
                threat to public health.
                    ``(H) Monitoring data and other information.--The 
                Administrator may require, in accordance with section 
                1445(a)(2), the submission of monitoring data and other 
                information necessary for the development of studies, 
                work plans, or national primary drinking water 
                regulations.
                    ``(I) National drinking water occurrence data 
                base.--
                            ``(i) In general.--Not later than 3 years 
                        after the date of enactment of the Safe 
                        Drinking Water Act Amendments of 1994, the 
                        Administrator shall assemble and maintain a 
                        national drinking water occurrence data base, 
                        using information on the occurrence of both 
                        regulated and unregulated contaminants in 
                        public water systems obtained under section 
                        1445(a) and information from other public and 
                        private sources.
                            ``(ii) Use.--The data shall be used by the 
                        Administrator in making determinations under 
                        this section with respect to the occurrence of 
                        a contaminant in drinking water at a level of 
                        public health concern.
                            ``(iii) Public recommendations.--The 
                        Administrator shall periodically solicit 
                        recommendations from the appropriate officials 
                        of the National Academy of Sciences, and any 
                        person may submit recommendations to the 
                        Administrator, with respect to contaminants 
                        that should be included in the national 
                        drinking water occurrence data base, including 
                        recommendations with respect to additional 
                        unregulated contaminants that should be listed 
                        under section 1445(a)(2).
                            ``(iv) Public availability.--The 
                        information from the data base shall be 
                        available to the public in readily accessible 
                        form.
                            ``(v) Regulated contaminants.--With respect 
                        to each contaminant for which a national 
                        primary drinking water regulation has been 
                        established, the data base shall include 
                        information on the detection of the contaminant 
                        at a quantifiable level in public water systems 
                        (including detection of the contaminant at 
                        levels not constituting a violation of the 
                        maximum contaminant level for the contaminant).
                            ``(vi) Unregulated contaminants.--With 
                        respect to contaminants for which a national 
                        primary drinking water regulation has not been 
                        established, the data base shall include--
                                    ``(I) monitoring information 
                                collected by public water systems that 
                                serve a population of more than 10,000, 
                                as required by the Administrator under 
                                section 1445;
                                    ``(II) monitoring information 
                                collected by the States from a 
                                representative sampling of public water 
                                systems that serve a population of 
                                10,000 or less; and
                                    ``(III) other appropriate 
                                monitoring information on the 
                                occurrence of the contaminants in 
                                public water systems that is available 
                                to the Administrator.
                    ``(J) Prior requirements.--The requirements of 
                subparagraph (C) of this paragraph (as it existed 
                before the amendment made by section 4(b) of the Safe 
                Drinking Water Act Amendments of 1994), and any 
                obligations to promulgate regulations not promulgated 
                as of the date of enactment of such Act, are superseded 
                by this paragraph and paragraph (2).''.
    (d) Goals and Standards.--Section 1412(b)(4) (42 U.S.C. 300g-
1(b)(4)) is amended--
            (1) by striking ``(4) Each maximum'' and inserting the 
        following:
            ``(4) Goals and standards.--
                    ``(A) In general.--Each maximum''; and
            (2) by adding at the end the following new subparagraphs:
                    ``(B) Health risk reduction and cost.--At the time 
                a maximum contaminant level is proposed, the 
                Administrator shall publish and seek public comment on, 
                and consider for the purposes of subparagraph (C), an 
                analysis of--
                            ``(i) the health risk reduction benefits 
                        that are likely to occur as the result of 
                        treatment to comply with the maximum 
                        contaminant level;
                            ``(ii) the costs that will be experienced 
                        as a result of compliance with the maximum 
                        contaminant level, including monitoring, 
                        treatment, and other costs;
                            ``(iii) any potential increased health risk 
                        that may occur as a result of compliance with 
                        the maximum contaminant level; and
                            ``(iv) the effects of the contaminant upon 
                        subpopulations that are identified as being at 
                        greater risk for adverse health effects in the 
                        research and evidence described in section 
                        1442(j).
                    ``(C) Additional authority.--
                            ``(i) Notwithstanding subparagraph (A), the 
                        Administrator may establish a maximum 
                        contaminant level that is less stringent than 
                        is feasible (as determined under paragraph 
                        (5)), if the Administrator determines that the 
                        less stringent level will result in compliance 
                        costs that are substantially less than costs 
                        that would be experienced by public water 
                        systems to comply with the level that is 
                        feasible and that the less stringent level 
                        will--
                                    ``(I) for any contaminant that is 
                                regulated on the basis of the 
                                carcinogenic effects of the 
                                contaminant, not result in a 
                                significant increase in individual 
                                lifetime cancer risks from 
                                concentrations of the contaminant in 
                                drinking water relative to the feasible 
                                level; or
                                    ``(II) for any contaminant that is 
                                regulated on the basis of a health 
                                effect other than a carcinogenic 
                                effect, ensure a reasonable certainty 
                                of no harm.
                            ``(ii) For contaminants that are regulated 
                        on the basis of health effects other than 
                        carcinogenic effects, the Administrator shall 
                        use the authority provided in this subparagraph 
                        only after the Administrator publishes in the 
                        Federal Register guidelines establishing sound 
                        scientific practices for the implementation of 
                        the authority with respect to the contaminant. 
                        The Administrator may publish guidelines 
                        pursuant to this clause only after the National 
                        Academy of Sciences has completed a study and 
                        made recommendations concerning the scientific 
                        information, methods, and practices that would 
                        be necessary to support the implementation of 
                        clause (i)(II) and ensure that decisions by the 
                        Administrator pursuant to clause (i)(II) are 
                        based on appropriate, peer-reviewed, scientific 
                        information and sound scientific practices. The 
                        study by the National Academy of Sciences shall 
                        be completed as expeditiously as practicable.
                    ``(D) Consideration of other health effects.--
                            ``(i) Notwithstanding the provisions of 
                        subparagraph (A), the Administrator may 
                        establish a maximum contaminant level for a 
                        contaminant at a level that is less stringent 
                        than is feasible if the technology, treatment 
                        techniques, and other means used to determine 
                        the feasible level would result in an increase 
                        in the overall health risk from drinking water 
                        by--
                                    ``(I) increasing the concentration 
                                of other contaminants in drinking 
                                water; or
                                    ``(II) interfering with the 
                                efficacy of drinking water treatment 
                                techniques or processes that are used 
                                to comply with other national primary 
                                drinking water regulations.
                            ``(ii) If the Administrator establishes a 
                        maximum contaminant level for any contaminant 
                        pursuant to the authority of this subparagraph, 
                        the level shall minimize the overall risk of 
                        adverse health effects, including the risk from 
                        the contaminant and the risk from other 
                        contaminants the concentrations of which may be 
                        affected by the use of treatment techniques and 
                        processes that would be employed to attain the 
                        maximum contaminant level.''.
    (e) Monitoring for Unregulated Contaminants.--Section 1445(a) (42 
U.S.C. 300j-4(a)) is amended by striking paragraphs (2) through (8) and 
inserting the following new paragraphs:
            ``(2) Monitoring program for unregulated contaminants.--
                    ``(A) Establishment.--The Administrator shall 
                promulgate regulations establishing the criteria for a 
                monitoring program for unregulated contaminants. The 
                regulations shall require monitoring of drinking water 
                supplied by public water systems and shall vary the 
                frequency and schedule for monitoring requirements for 
                systems based on the number of persons served by the 
                system, the source of supply, and the contaminants 
                likely to be found.
                    ``(B) Monitoring program for certain unregulated 
                contaminants.--
                            ``(i) In general.--Not later than 3 years 
                        after the date of enactment of the Safe 
                        Drinking Water Amendments of 1994, and every 5 
                        years thereafter, the Administrator shall issue 
                        a list pursuant to subparagraph (A) of not more 
                        than 30 unregulated contaminants to be 
                        monitored by public water systems and to be 
                        included in the national drinking water data 
                        base maintained pursuant to section 
                        1412(b)(3)(I).
                            ``(ii) Governors' petition.--The 
                        Administrator shall include among the list of 
                        contaminants for which monitoring is required 
                        under section 1445(a)(2) each contaminant 
                        recommended in a petition signed by the 
                        Governor of each of 7 or more States, unless 
                        the Administrator determines that the action 
                        would prevent the listing of other contaminants 
                        of a higher public health concern.
                    ``(C) Monitoring by large systems.--A public water 
                system that serves a population of more than 10,000 
                shall conduct monitoring for all contaminants listed 
                under subparagraph (B).
                    ``(D) Monitoring plan for small and medium 
                systems.--Based on the regulations promulgated by the 
                Administrator, each State shall develop a 
                representative monitoring plan to assess the occurrence 
                of unregulated contaminants in public water systems 
                that serves a population of 10,000 or less. The plan 
                shall require monitoring for systems representative of 
                different sizes, types, and geographic locations within 
                the State.
                    ``(E) Monitoring results.--Each public water system 
                that conducts monitoring of unregulated contaminants 
                pursuant to this paragraph shall provide the results of 
                the monitoring to the primary enforcement authority for 
                the system.
                    ``(F) Waiver of monitoring requirement.--The 
                Administrator may waive the requirement for monitoring 
                for a contaminant under this paragraph in a State, if 
                the State demonstrates that the criteria for listing 
                the contaminant do not apply in that State.
            ``(3) Authorization of appropriations.--There are 
        authorized to be appropriated to carry out this subsection 
        $15,000,000 for each of fiscal years 1995 through 2000.''.
    (f) Drinking Water Standard Review and Compliance Periods.--
            (1) Review period.--The first and second sentences of 
        section 1412(b)(9) (42 U.S.C. 300g-1(b)(9)) are each amended by 
        striking ``3'' each place it appears and inserting ``6''.
            (2) Compliance period.--Paragraph (10) of section 1412(b) 
        (42 U.S.C. 300g-1(b)(10)) is amended to read as follows:
            ``(10) Compliance period.--A national primary drinking 
        water regulation promulgated under this section shall take 
        effect on the date that is 3 years after the date on which the 
        regulation is promulgated unless the Administrator determines 
        that an earlier date is practicable, except that the 
        Administrator or, a State in the case of an individual system, 
        may allow up to 2 additional years to comply with a maximum 
        contaminant level or treatment technique if the Administrator 
        or State determines that additional time is necessary for 
        capital improvements.''.
            (3) Exemptions.--Section 1416 (42 U.S.C. 300g-5) is 
        amended--
                    (A) in subsection (a)(1)--
                            (i) by inserting after ``(which may include 
                        economic factors'' the following: ``, including 
                        qualification of the public water system as a 
                        `disadvantaged community' pursuant to section 
                        1473(e)(1)''; and
                            (ii) by inserting after ``treatment 
                        technique requirement,'' the following: ``or to 
                        implement measures to develop an alternative 
                        source of water supply or restructure or 
                        consolidate the system,''; and
                    (B) in subsection (b)--
                            (i) in the first sentence of paragraph 
                        (1)--
                                    (I) by inserting after ``(A)'' the 
                                following: ``(i)'';
                                    (II) by striking ``(B)'' and 
                                inserting ``(ii)'';
                                    (III) by striking the period at the 
                                end of the sentence and inserting ``; 
                                or''; and
                                    (IV) by inserting after 
                                subparagraph (A) (as amended by 
                                subclauses (I), (II), and (III)) the 
                                following new subparagraph:
            ``(B) implementation by the public water system of measures 
        needed to ensure compliance with the requirements of this 
        title, including development of an alternative source of water 
        supply or restructuring or consolidation of the system.''; and
                            (ii) in paragraph (2)--
                                    (I) by striking ``(except as 
                                provided in subparagraph (B))'' in 
                                subparagraph (A) and all that follows 
                                through ``3 years after the date of the 
                                issuance of the exemption if'' in 
                                subparagraph (B) and inserting the 
                                following: ``not later than 3 years 
                                after the otherwise applicable 
                                compliance date established in section 
                                1412(b)(10).
    ``(B) No exemption shall be granted unless'';
                                    (II) in subparagraph (B)(i), by 
                                striking ``within the period of such 
                                exemption'' and inserting ``prior to 
                                the date established pursuant to 
                                section 1412(b)(10)'';
                                    (III) in subparagraph (B)(ii), by 
                                inserting after ``such financial 
                                assistance'' the following: ``or 
                                assistance pursuant to part G or any 
                                other Federal or State program is 
                                reasonably likely to be available 
                                within the period of the exemption'';
                                    (IV) in subparagraph (C)--
                                            (aa) by striking ``500 
                                        service connections'' and 
                                        inserting ``a population of 
                                        3,300''; and
                                            (bb) by striking ``for one 
                                        or more additional 2-year 
                                        periods'' and inserting ``for 
                                        one additional 2-year period''; 
                                        and
                                    (V) by adding at the end the 
                                following new subparagraph:
                    ``(D) Variances.--A public water system may not 
                receive an exemption under this section if the system 
                was granted a variance under section 1415(e).''.
    (g) Monitoring Requirements.--
            (1) Alternative monitoring program.--Section 1445(a)(1) (42 
        U.S.C. 300j-4(a)(1)) is amended--
                    (A) by designating the first and second sentences 
                as subparagraphs (A) and (B), respectively; and
                    (B) by adding at the end the following new 
                subparagraphs:
                    ``(C) Review.--The Administrator shall--
                            ``(i) not later than 1 year after the date 
                        of enactment of this subparagraph, after 
                        consultation with public health experts, 
                        representatives of the general public, and 
                        officials of State and local governments, 
                        review the monitoring requirements for not less 
                        than 12 contaminants identified by the 
                        Administrator; and
                            ``(ii) not later than 1 year after the 
                        review, promulgate any necessary modifications.
                    ``(D) State-established requirements.--
                            ``(i) In general.--Each State with primary 
                        enforcement responsibility may submit an 
                        application to the Administrator to establish 
                        for any national drinking water regulation, 
                        other than a regulation applicable to a 
                        microbial contaminant (or indicator of a 
                        microbial contaminant), monitoring requirements 
                        applicable to public water systems identified 
                        by the State, in lieu of the monitoring 
                        requirements contained in the regulation, if 
                        the monitoring requirements established by the 
                        State--
                                    ``(I) are based on occurrence data 
                                and other relevant characteristics of 
                                the contaminant or the systems subject 
                                to the requirements; and
                                    ``(II) include monitoring 
                                frequencies for public water systems in 
                                which a contaminant has been detected 
                                at a quantifiable level no less 
                                frequent than required in the national 
                                primary drinking water regulation for 
                                the contaminant for a period of 5 years 
                                after the detection.
                            ``(ii) Compliance and enforcement.--The 
                        monitoring requirement established by the State 
                        shall be adequate to ensure compliance with, 
                        and enforcement of, each national primary 
                        drinking water regulation.
                            ``(iii) Approval.--The Administrator shall 
                        review an application submitted by a State 
                        pursuant to this subparagraph and approve the 
                        application, in whole or in part, if the 
                        application meets the requirements of this 
                        subparagraph. If the Administrator has not 
                        acted pursuant to this clause within 180 days 
                        after submission of the application, the 
                        application shall be deemed to be approved. If 
                        the Administrator disapproves an application, 
                        or a part of an application, the Administrator 
                        shall provide to the State a description of the 
                        changes needed for the program to be approved. 
                        A monitoring program approved pursuant to this 
                        clause shall be approved for a period of 3 
                        years and each subsequent approval shall be for 
                        a period of 5 years.
                            ``(iv) Other states.--The Governor of any 
                        State that does not have primary enforcement 
                        responsibility under section 1413 on the date 
                        of enactment of this clause may submit to the 
                        Administrator a request that the Administrator 
                        modify the monitoring requirements established 
                        by the Administrator and applicable to public 
                        water systems in that State, and the 
                        Administrator shall modify the requirements for 
                        public water systems in that State if the 
                        request of the Governor is in accordance with 
                        each of the requirements of this subparagraph 
                        that apply to applications from States that 
                        have primary enforcement responsibility. A 
                        decision by the Administrator to approve a 
                        request under this clause shall be for a period 
                        of 3 years and may subsequently be extended for 
                        periods of 5 years.''.
            (2) Small system monitoring.--Section 1445(a)(1) (42 U.S.C. 
        300j-4(a)(1)) (as amended by paragraph (1)(B)) is further 
        amended by adding at the end the following new subparagraph:
                    ``(E) Small system monitoring.--With respect to 
                monitoring requirements for contaminants regulated on 
                the basis of the carcinogenic effects of the 
                contaminants, the Administrator or a State that has 
                primary enforcement responsibility pursuant to section 
                1413(a) may modify the requirements to provide that any 
                public water system that serves a population of 10,000 
                or less shall not be required to conduct additional 
                quarterly monitoring during any 3-year period for a 
                specific contaminant if monitoring conducted at the 
                beginning of the period for the contaminant fails to 
                detect the presence of the contaminant in the water 
                supplied by the public water system, and the State 
                determines that the contaminant is unlikely to be 
                detected by further monitoring in the period.''.

SEC. 5. SMALL SYSTEMS PROGRAMS.

    (a) Small System Variances.--
            (1) In general.--Section 1415 (42 U.S.C. 300g-4) is amended 
        by adding at the end the following new subsection:
    ``(e) Small System Variances.--
            ``(1) In general.--The Administrator, or a State with 
        primary enforcement responsibility for public water systems 
        under section 1413, may grant to a public water system serving 
        a population of 10,000 or less (referred to in this subsection 
        as a `small system') a variance under this subsection for 
        compliance with a requirement specifying a maximum contaminant 
        level or treatment technique contained in a national primary 
        drinking water regulation, if the variance meets all the 
        requirements of this subsection.
            ``(2) Availability of variances.--A small system may 
        receive a variance under this subsection if the system 
        installs, operates, and maintains, in accordance with guidance 
        or regulations issued by the Administrator, treatment 
        technology that is feasible for small systems as determined by 
        the Administrator pursuant to section 1412(b)(12).
            ``(3) Conditions for granting variances.--A variance under 
        this subsection shall be available only to a system--
                    ``(A) that cannot afford to comply, in accordance 
                with affordability criteria established by the State 
                (or the Administrator for State that does not have 
                primary enforcement responsibility under section 1413), 
                with a national primary drinking water regulation, 
                including compliance through treatment, alternative 
                source water supply, or restructuring, including 
                consolidation; and
                    ``(B) for which the Administrator or, if the State 
                has primary enforcement responsibility under section 
                1413, the State determines that the terms of the 
                variance ensure adequate protection of human health, 
                considering the quality of the source water for the 
                system and the removal efficiencies and expected useful 
                life of the treatment technology required by the 
                variance.
            ``(4) Applications.--An application for a variance for a 
        national primary drinking water regulation under this 
        subsection shall be submitted to the Administrator or the State 
        not later than the date that is the later of--
                    ``(A) 3 years after the date of enactment of this 
                subsection; or
                    ``(B) 1 year after the compliance date of the 
                national primary drinking water regulation as 
                established under section 1412(b)(10) for which a 
                variance is requested.
            ``(5) Variance review and decision.--
                    ``(A) Timetable.--The Administrator or the State 
                shall grant or deny a variance not later than 1 year 
                after the application deadlines established in 
                paragraph (4).
                    ``(B) Penalty moratorium.--Each public water system 
                that submits a timely application for a variance under 
                this subsection shall not be subject to a penalty in an 
                enforcement action under section 1414 for a violation 
                of a maximum contaminant level or treatment technique 
                in the national primary drinking water regulation with 
                respect to which the variance application was submitted 
                prior to the date of a decision to grant or deny the 
                variance.
            ``(6) Compliance schedules.--
                    ``(A) Variances.--A variance granted under this 
                subsection shall require compliance with the conditions 
                of the variance not later than 3 years after the date 
                on which the variance is granted, except that the State 
                may allow up to 2 additional years to comply with a 
                treatment technique if the State determines that 
                additional time is necessary for capital improvements, 
                or to allow for financial assistance provided pursuant 
                to part G or any other Federal or State program.
                    ``(B) Denied applications.--If the Administrator or 
                a State denies a variance application under this 
                subsection, the public water system shall be in 
                compliance with the requirements of the national 
                primary drinking water regulation for which the 
                variance was requested not later than 4 years after the 
                date on which the national primary drinking water 
                regulation was promulgated.
            ``(7) Duration of variances.--
                    ``(A) In general.--A State shall review each 
                variance granted under this subsection not less often 
                than every 5 years after the compliance date 
                established in the variance to determine whether the 
                system remains eligible for the variance and is 
                conforming to all conditions of the variance.
                    ``(B) Revocation of variances.--The Administrator 
                or, if the State has primary enforcement responsibility 
                under section 1413, the State shall revoke a variance 
                in effect under this subsection if the Administrator or 
                the State determines that--
                            ``(i) the system is no longer eligible for 
                        a variance;
                            ``(ii) the system has failed to comply with 
                        any term or condition of the variance, other 
                        than a reporting or monitoring requirement; or
                            ``(iii) the terms of the variance do not 
                        ensure adequate protection of human health, 
                        considering the quality of source water 
                        available to the system and the removal 
                        efficiencies and expected useful life of the 
                        treatment technology required by the variance.
            ``(8) Ineligibility for variances.--A variance shall not be 
        available under this subsection for--
                    ``(A) any maximum contaminant level or treatment 
                technique for a contaminant with respect to which a 
                national primary drinking water regulation was 
                promulgated prior to January 1, 1986; or
                    ``(B) a national primary drinking water regulation 
                for a microbial contaminant (including a bacterium, 
                virus, or other organism) or an indicator or treatment 
                technique for a microbial contaminant.
            ``(9) Regulations and guidance.--
                    ``(A) In general.--Not later than 2 years after the 
                date of enactment of this subsection, the Administrator 
                shall promulgate regulations for variances to be 
                granted under this subsection. The regulations shall, 
                at a minimum, specify--
                            ``(i) procedures to be used by the 
                        Administrator or a State to grant or deny 
                        variances, including requirements for notifying 
                        the Administrator and consumers of the public 
                        water system applying for a variance and 
                        requirements for a public hearing on the 
                        variance before the variance is granted;
                            ``(ii) requirements for the installation 
                        and proper operation of treatment technology 
                        that is feasible for small systems;
                            ``(iii) eligibility criteria for a variance 
                        for each national primary drinking water 
                        regulation, including requirements for the 
                        quality of the source water (pursuant to 
                        section 1412(b)(12)(A)) and the financial and 
                        technical capability to operate the treatment 
                        system, including operator training and 
                        certification; and
                            ``(iv) information requirements for 
                        variance applications.
                    ``(B) Affordability criteria.--Not later than 18 
                months after the date of enactment of the Safe Drinking 
                Water Act Amendments of 1994, the Administrator, in 
                consultation with the States, shall publish information 
                to assist the States in developing affordability 
                criteria. The affordability criteria shall be reviewed 
                by the States not less often than every 5 years to 
                determine if changes are needed to the criteria.
            ``(10) Review by the administrator.--
                    ``(A) In general.--The Administrator shall 
                periodically review State decisions with respect to 
                variances to determine whether the variances granted by 
                the State comply with the requirements of this 
                subsection and the regulations promulgated by the 
                Administrator. With respect to affordability, the 
                determination of the Administrator shall be limited to 
                whether the variances granted by the State comply with 
                the affordability criteria developed by the State.
                    ``(B) Objections to variances.--
                            ``(i) By the administrator.--If any 
                        variance proposed to be granted by a State 
                        contains provisions that are determined by the 
                        Administrator as not in compliance with this 
                        subsection (including the requirement that a 
                        variance not be granted to a system that can 
                        comply with the national primary drinking water 
                        regulations through treatment, an alternative 
                        source of water supply, or restructuring) and 
                        the regulations promulgated by the 
                        Administrator pursuant to paragraph (9), the 
                        Administrator shall object to the granting of 
                        the variance. The State shall respond in 
                        writing to each objection of the Administrator. 
                        The State shall not grant the variance until 
                        the objections of the Administrator have been 
                        resolved.
                            ``(ii) Petition by consumers.--If the 
                        Administrator does not object to the granting 
                        of a variance, any person served by the system 
                        may petition the Administrator to object to the 
                        granting of a variance. The Administrator shall 
                        respond to the petition not later than 90 days 
                        after the receipt of the petition. The State 
                        shall not grant the variance during the 90-day 
                        period. The petition shall be based on comments 
                        made by the petitioner during public review of 
                        the variance by the State.
                    ``(C) Notice and publication.--If the Administrator 
                determines that variances granted by a State are not in 
                full compliance with affordability criteria developed 
                by the State and the regulations promulgated by the 
                Administrator pursuant to paragraph (9), the 
                Administrator shall notify the State in writing of the 
                deficiencies and make public the determination.''.
            (2) Small system treatment technologies.--Section 1412(b) 
        (42 U.S.C. 300g-1(b)) is amended by adding at the end the 
        following new paragraph:
            ``(12) Small system treatment technologies.--
                    ``(A) In general.--At the same time as the 
                Administrator promulgates a national primary drinking 
                water regulation pursuant to this section, the 
                Administrator shall issue guidance or regulations 
                describing a treatment technology (or technologies) for 
                the contaminant that is the subject of the regulation 
                that is feasible (as defined in paragraph (5)) for 
                public water systems serving a population of 10,000 or 
                less. The Administrator may classify systems by the 
                size of the population served and describe a technology 
                or technologies that are appropriate for systems in 
                each class. The guidance or regulations shall identify 
                the effectiveness of the technology, the cost of the 
                technology, and other factors related to the use of the 
                technology, including requirements for the quality of 
                source water to ensure adequate protection of human 
                health, considering removal efficiencies of the 
                technology, and installation, and operation and 
                maintenance requirements, for the technology. The 
                Administrator shall not issue guidance or regulations 
                for a technology under this paragraph unless the 
                technology adequately protects human health, 
                considering the expected useful life of the technology 
                and the source waters available to systems for which 
                the technology is considered feasible.
                    ``(B) Regulations and guidance.--Not later than 2 
                years after the date of enactment of this paragraph, 
                the Administrator shall issue guidance or regulations 
                under subparagraph (A) for each national primary 
                drinking water regulation promulgated prior to the date 
                of enactment of this paragraph for which a variance may 
                be granted under section 1415(e). The Administrator 
                may, at any time after a national primary drinking 
                water regulation has been promulgated, issue guidance 
                or regulations describing additional treatment 
                technologies that meet the requirements of subparagraph 
                (A) for public water systems serving a population of 
                3,300 or less that are subject to the regulation.''.
            (3) Availability of information on small system 
        technologies.--Section 1445 (42 U.S.C. 300j-4) is amended by 
        adding at the end the following new subsection:
    ``(g) Availability of Information on Small System Technologies.--
For purposes of section 1412(b)(12), the Administrator may request 
information on the characteristics of commercially available treatment 
systems and technologies, including the effectiveness and performance 
of the systems and technologies under various operating conditions. The 
Administrator may specify the form, content, and date by which 
information shall be submitted by manufacturers, States, and other 
interested persons for the purpose of considering the systems and 
technologies in the development of regulations or guidance under 
section 1412(b)(12).''.
    (b) Viability of Public Water Systems.--Part B (42 U.S.C. 300g et 
seq.) is amended by adding at the end the following new section:

                       ``state viability programs

    ``Sec. 1418. (a) In General.--Each State shall adopt a State 
Drinking Water System Viability Program (referred to in this section as 
the `State Viability Program') to ensure the capability of public water 
systems in the State to comply with the requirements of this title.
    ``(b) Program Elements.--A State Viability Program complies with 
this section if it includes--
            ``(1) the legal authority to ensure that all new public 
        water systems commencing operation after October 1, 1997, have 
        the managerial, technical, and financial capability to comply 
        with national primary drinking water regulations and other 
        requirements of this title; and
            ``(2) a program to secure the voluntary restructuring 
        (including physical consolidation) of existing systems that are 
        in violation of a national primary drinking water regulation or 
        other requirement of this title and that lack the managerial, 
        technical, or financial capability to comply with the 
        regulation or requirement.
    ``(c) Submission and Approval of Programs.--
            ``(1) Submission.--Not later than 36 months after the date 
        of enactment of this section, each State shall submit to the 
        Administrator a proposal for a State Viability Program that 
        meets the requirements of this section.
            ``(2) Approval or disapproval.--The Administrator shall 
        approve or disapprove each State Viability Program not later 
        than 180 days after receipt of the Program. If the 
        Administrator disapproves a Program, the Administrator shall 
        notify the State of the reasons for disapproval in writing and 
        the State may resubmit the Program as modified to resolve the 
        objections of the Administrator.
            ``(3) Withdrawal of approval.--The Administrator may, after 
        notifying a State, withdraw approval of a State Viability 
        Program, if the State fails to carry out the Program as 
        provided in this section.
    ``(d) Penalty Moratorium.--A public water system in violation of a 
requirement specifying a maximum contaminant level or treatment 
technique that seeks assistance from a State for restructuring, 
including physical consolidation, shall not be subject to a penalty in 
an enforcement action under section 1414 for a violation of the 
requirement for a period of 3 years, if the system is meeting the terms 
and conditions of a State restructuring order. The extension described 
in the preceding sentence shall not apply to a system that applies for 
assistance after the date that is 4 years after the date of enactment 
of this section.
    ``(e) Systems in Compliance.--Nothing in this section requires a 
State to prohibit the operation of a public water system that is in 
compliance with national primary drinking water regulations and other 
requirements of this title.
    ``(f) EPA Guidance.--Not later than 2 years after the date of 
enactment of this section, the Administrator shall, after consultation 
with officials of State and local governments, publish guidance for use 
by the States--
            (1) identifying the factors contributing to nonviability of 
        public water systems; and
            (2) identifying technical, managerial, financial, and other 
        options to address the factors, including options that have 
        been successfully employed by States.
    ``(g) EPA Survey.--Not later than 2 years after the date of 
enactment of this section, the Administrator shall conduct a survey of 
public water systems to identify public water systems that are likely 
to be nonviable based on the requirements of law and factors 
contributing to nonviability, including the economic circumstances of 
the community. The results of the survey shall be published with the 
guidance prepared by the Administrator pursuant to subsection (f).''.
    (c) Small Water Systems Technology Centers.--Section 1442 (42 
U.S.C. 300j-1) is amended by adding at the end the following new 
subsection:
    ``(h) Small Public Water Systems Technology Assistance Centers.--
            ``(1) Grant program.--The Administrator shall make grants 
        to institutions of higher learning to establish and operate not 
        fewer than 5 small public water system technology assistance 
        centers in the United States.
            ``(2) Responsibilities of the centers.--The 
        responsibilities of the small public water system technology 
        assistance centers established under this subsection shall 
        include the conduct of research, training, and technical 
        assistance relating to the information, performance, and 
        technical needs of small public water systems or public water 
        systems that serve Indian tribes.
            ``(3) Applications.--Any institution of higher learning 
        interested in receiving a grant under this subsection shall 
        submit to the Administrator an application in such form and 
        containing such information as the Administrator may require by 
        regulation.
            ``(4) Selection criteria.--The Administrator shall select 
        recipients of grants under this subsection on the basis of the 
        following criteria:
                    ``(A) The small public water system technology 
                assistance center shall be located in a State that is 
                representative of the needs of the region in which the 
                State is located for addressing the drinking water 
                needs of rural small communities or Indian tribes.
                    ``(B) The grant recipient shall be located in a 
                region that has experienced problems with rural water 
                supplies.
                    ``(C) There is available to the grant recipient for 
                carrying out this subsection demonstrated expertise in 
                water resources research, technical assistance, and 
                training.
                    ``(D) The grant recipient shall have the capability 
                to provide leadership in making national and regional 
                contributions to the solution of both long-range and 
                intermediate rural water system technology management 
                problems.
                    ``(E) The grant recipient shall have a demonstrated 
                interdisciplinary capability with expertise in small 
                public water system technology management and research.
                    ``(F) The grant recipient shall have a demonstrated 
                capability to disseminate the results of small public 
                water system technology research and training programs 
                through an interdisciplinary continuing education 
                program.
                    ``(G) The projects that the grant recipient 
                proposes to carry out under the grant are necessary and 
                appropriate.
                    ``(H) The grant recipient has regional support 
                beyond the host institution.
                    ``(I) For purposes of this subsection, the State of 
                Alaska shall be considered a region.
            ``(5) Consortia of states.--At least 2 of the grants shall 
        be made to consortia of States with low population densities. 
        As used in this paragraph, the term `consortia of States with 
        low population densities' means a consortia of States, each 
        State of which has an average population density of less than 
        12.3 persons per square mile, based on data for 1993 from the 
        Bureau of the Census.''.
    (d) Section 1412(b)(6) (42 U.S.C. 300g-1(b)(6)) is amended by 
adding at the end thereof the following: ``The Administrator shall 
include in the list any technology, treatment technique or other means 
that is feasible for small public water systems and that achieves 
compliance with the maximum contaminant level, including (A) packaged 
or modular systems; and (B) point of entry treatment units that are 
controlled by the public water system to ensure proper operation and 
maintenance and compliance with the maximum contaminant level and 
equipped with mechanical warnings to ensure that customers are 
automatically notified of operational problems.''.

SEC. 6. ENFORCEMENT OF DRINKING WATER REGULATIONS.

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

              ``enforcement of drinking water regulations

    ``Sec. 1414. (a) Civil Enforcement Authority.--If, on the basis of 
information available to the Administrator, the Administrator finds 
that a person has violated an applicable requirement and the State with 
primary enforcement responsibility for the requirement has not 
commenced or is not diligently prosecuting an enforcement action to 
require compliance with the requirement, the Administrator shall notify 
the person and the State of the finding and shall issue an order 
pursuant to subsection (b) requiring the person to comply with the 
requirement or shall initiate an action for the assessment of an 
administrative penalty pursuant to subsection (c), or both, or shall 
initiate a civil action pursuant to subsection (e).
    ``(b) Administrative Compliance Orders.--If the Administrator finds 
that a person has violated an applicable requirement, the Administrator 
may issue a compliance order. A compliance order shall be served by 
personal service, state with reasonable specificity the nature of the 
violation, and specify a reasonable time for compliance that takes into 
account the nature of the violation. If an administrative compliance 
order is issued to a corporation, a copy of the compliance order shall 
be served on any appropriate corporate officer.
    ``(c) Administrative Penalty Orders.--
            ``(1) In general.--If the Administrator finds that a person 
        has violated an applicable requirement, the Administrator may 
        issue a penalty order assessing a class I or a class II civil 
        penalty against the person.
            ``(2) Penalties.--
                    ``(A) Class i.--Except as provided in subsection 
                (d), the Administrator may, after notice and 
                opportunity for hearing (but without regard to chapters 
                5 and 7 of title 5, United States Code), assess a class 
                I civil penalty under paragraph (1) in an amount not to 
                exceed $10,000 per day per violation, except that the 
                maximum amount of a class I civil penalty may not 
                exceed $25,000.
                    ``(B) Class ii.--
                            ``(i) In general.--Except as provided in 
                        subsection (d), the Administrator may, after 
                        notice and opportunity for a hearing on the 
                        record in accordance with chapters 5 and 7 of 
                        title 5, United States Code, assess a class II 
                        civil penalty under paragraph (1) in an amount 
                        not to exceed $10,000 per day per violation, 
                        except that the maximum amount of a class II 
                        civil penalty may not exceed $200,000.
                            ``(ii) Public notice and opportunity to 
                        comment.--Before assessing a class II civil 
                        penalty under clause (i), the Administrator 
                        shall provide public notice of, and reasonable 
                        opportunity to comment on, the proposed 
                        issuance of such order.
            ``(3) Finality of orders.--An order assessing a civil 
        penalty under this subsection shall become final 30 days after 
        the order is issued, except that an order issued upon consent 
        shall become final upon issuance.
            ``(4) Election of civil penalty remedy.--If a civil penalty 
        is assessed by the Administrator for a violation pursuant to 
        this subsection, an additional penalty may not be assessed by 
        the Administrator or a Federal court pursuant to this section 
        for the same violation.
            ``(5) Judicial review.--
                    ``(A) In general.--A person against whom a penalty 
                order is issued under this subsection, except upon 
                consent, or who commented on the proposed assessment of 
                the penalty in accordance with paragraph (2)(B)(ii), 
                may obtain review of the order in the United States 
                District Court for the District of Columbia or in the 
                district court in the district in which the violation 
                is alleged to have occurred by filing, during the 30-
                day period beginning on the date the penalty order 
                becomes final, a complaint with the court. The person 
                shall simultaneously send a copy of the complaint by 
                certified mail to the Administrator and the Attorney 
                General. The Administrator shall promptly file in the 
                court a certified copy of the record on which the order 
                was issued.
                    ``(B) Standard of review.--The court shall not set 
                aside or remand the order unless the court finds that 
                there is not substantial evidence in the record, taken 
                as a whole, to support the finding of a violation or 
                that the assessment of the penalty by the Administrator 
                constitutes an abuse of discretion. The court may not 
                impose an additional civil penalty for a violation that 
                is the subject of the assessment by the Administrator 
                unless the court finds that the assessment constitutes 
                an abuse of discretion by the Administrator.
                    ``(C) Forum.--Notwithstanding section 1448(a)(2), a 
                penalty order issued under this subsection shall be 
                subject to judicial review only under subparagraph (A).
            ``(6) Collection.--If a person fails to pay an assessed 
        civil penalty after the order making the assessment has become 
        final, or after a court in an action brought under paragraph 
        (5) has entered a final judgment in favor of the Administrator, 
        the Administrator shall request the Attorney General to bring a 
        civil action in an appropriate district court to recover the 
        amount assessed (plus interest at currently prevailing rates 
        from the date of the final order or the date of the final 
        judgment, as the case may be). In the action, the validity, 
        amount, and appropriateness of the penalty shall not be subject 
        to judicial review. A person who fails to pay on a timely basis 
        the amount of an assessed civil penalty as described in the 
        first sentence of this paragraph shall be required to pay, in 
        addition to the amount and interest, attorney fees and costs 
        for collection proceedings and a quarterly nonpayment penalty 
        for each quarter during which the failure to pay persists. The 
        nonpayment penalty shall be in an amount equal to 20 percent of 
        the aggregate amount of the penalties and nonpayment penalties 
        of the person that are unpaid as of the beginning of the 
        quarter.
            ``(7) Subpoenas.--The Administrator, in connection with 
        administrative proceedings brought under this subsection or in 
        connection with investigations conducted pursuant to this part, 
        may issue subpoenas for the attendance and testimony of 
        witnesses and subpoenas duces tecum, and may request the 
        Attorney General to bring an action to enforce any subpoena 
        under this part. The district courts shall have jurisdiction to 
        enforce the subpoenas and impose sanctions.
    ``(d) Federal Facilities.--
            ``(1) Maximum penalty amounts.--The amount of a civil 
        penalty assessed against a Federal agency may exceed the 
        maximum amounts described in subsection (c)(2), but may not 
        exceed $25,000 per day per violation.
            ``(2) Procedure.--Before a civil penalty order or 
        administrative compliance order issued pursuant to this section 
        applicable to a Federal agency becomes final, the Administrator 
        shall provide the agency an opportunity to confer with the 
        Administrator and shall provide the agency notice and an 
        opportunity for a hearing on the record in accordance with 
        chapters 5 and 7 of title 5, United States Code.
            ``(3) Public review.--Any interested person may obtain 
        review of a civil penalty order issued pursuant to this 
        subsection to a Federal agency. The review shall be in 
        accordance with the procedures provided under subsection (c)(5) 
        for persons against whom a penalty order is issued under 
        subsection (c).
    ``(e) Civil Actions.--
            ``(1) In general.--If the Administrator finds that a person 
        has violated an applicable requirement or has failed to comply 
        with an order issued under subsection (b) or section 1431, the 
        Administrator may commence a civil action pursuant to this 
        subsection for appropriate relief, including a permanent or 
        temporary injunction.
            ``(2) Jurisdiction.--An action under this subsection may be 
        brought in the district court of the United States for the 
        district in which the defendant is located, resides, or is 
        doing business. The court shall have jurisdiction to restrain 
        any applicable violation and to require compliance with a 
        requirement referred to in paragraph (1). The court may enter 
        such judgment as the protection of public health requires.
            ``(3) Penalties.--A person who has violated an applicable 
        requirement or has failed to comply with any order issued under 
        subsection (b) or section 1431 shall be subject to a civil 
        judicial penalty in an amount not to exceed $25,000 per day for 
        each violation.
    ``(f) Penalty Factors.--In determining the amount of a civil 
penalty assessed pursuant to this section, the Administrator or court 
shall consider the seriousness of each violation, the economic benefit 
(if any) resulting from the violation, any history of similar 
violations including violations that are not part of the current 
action, any good faith efforts to comply with applicable requirements 
before the initiation of the civil action, the size of the system, the 
economic impact of the penalty on the violator, and such other matters 
as justice may require.
    ``(g) Effect of Enforcement Action.--Nothing in this section limits 
the authority of the Administrator to take enforcement action against a 
person under any other provision or affects the obligation of a person 
to comply with an applicable requirement or an order issued by the 
Administrator pursuant to this title (except an order superseding a 
previous order issued under subsection (b)).
    ``(h) Definition of Applicable Requirement.--As used in this 
section, the term `applicable requirement' means--
            ``(1) a requirement of section 1412, 1415, 1416, 1417, 
        1419, 1441, 1442, 1445, 1447, 1463, 1464, 1466, or 1471;
            ``(2) a regulation promulgated pursuant to a section 
        referred to in paragraph (1);
            ``(3) a schedule or requirement imposed pursuant to a 
        section referred to in paragraph (1);
            ``(4) a duty to allow access under section 1445(b); and
            ``(5) a requirement of, or permit issued, under an 
        applicable State program for which the Administrator has made a 
        determination that the requirements of section 1413 have been 
        satisfied, or an applicable State program approved pursuant to 
        this part.
    ``(i) Variances and Exemptions.--For purposes of this section, 
compliance with the requirements of a variance granted pursuant to 
section 1415 or an exemption issued pursuant to section 1416 for any 
national primary drinking water regulation shall be considered 
compliance with the regulation during the term of the variance or 
exemption.
    ``(j) Consolidation Incentive.--
            ``(1) In general.--An owner or operator of a public water 
        system may submit to the State in which the system is located 
        (if the State has primary enforcement responsibility pursuant 
        to section 1413) or to the Administrator (if the State does not 
        have primary enforcement responsibility) a plan (including 
        specific measures and schedules) for--
                    ``(A) the physical consolidation of the system with 
                1 or more other systems;
                    ``(B) the consolidation of significant management 
                and administrative functions of the system with 1 or 
                more other systems; or
                    ``(C) the transfer of ownership of the system that 
                may reasonably be expected to improve drinking water 
                quality.
            ``(2) Consequences of approval.--If the State or the 
        Administrator approves a plan pursuant to paragraph (1) no 
        enforcement action shall be taken pursuant to this part and 
        with respect to a specific violation identified in the approved 
        plan prior to the date that is the earlier of the date that 
        consolidation is completed according to the plan or the date 
        that is 2 years after the plan is approved.
    ``(k) Notice of Public Water System to Persons Served.--
            ``(1) In general.--Each owner or operator of a public water 
        system shall give notice to the persons served by the system--
                    ``(A) of any failure on the part of the public 
                water system to--
                            ``(i) comply with an applicable maximum 
                        contaminant level or treatment technique 
                        requirement of, or a testing procedure 
                        prescribed by, a national primary drinking 
                        water regulation; or
                            ``(ii) perform monitoring required by 
                        section 1445(a); and
                    ``(B) if the public water system is subject to a 
                variance granted under section 1415(a)(1)(A), 
                1415(a)(2), or 1415(e) for an inability to meet a 
                maximum contaminant level requirement or is subject to 
                an exemption granted under section 1416, of--
                            ``(i) the existence of the variance or 
                        exemption; and
                            ``(ii) any failure to comply with the 
                        requirements of any schedule prescribed 
                        pursuant to the variance or exemption.
            ``(2) Form, manner, and frequency of notice.--
                    ``(A) In general.--The Administrator shall, by 
                regulation, prescribe the form, manner, and frequency 
                for giving notice under this subsection.
                    ``(B) Violations with potential to cause serious 
                adverse effects on human health.--Regulations 
                promulgated under this subsection shall specify 
                notification procedures for each violation by a 
                community water system that has the potential to cause 
                serious adverse effects on human health. Each notice of 
                a violation provided under this subparagraph shall--
                            ``(i) be distributed as soon as practicable 
                        after the violation, but not later than 24 
                        hours after the violation;
                            ``(ii) be provided to appropriate broadcast 
                        media;
                            ``(iii) be prominently published in a 
                        newspaper of general circulation serving the 
                        area not later than 1 day after the 
                        distribution of a notice pursuant to clause 
                        (i), or the date of publication of the next 
                        issue of the newspaper;
                            ``(iv) provide a clear and readily 
                        understandable explanation of--
                                    ``(I) the violation;
                                    ``(II) any potential adverse 
                                effects on human health;
                                    ``(III) the steps that the public 
                                water system is taking to correct the 
                                violation; and
                                    ``(IV) the necessity of seeking 
                                alternative water supplies until the 
                                violation is corrected; and
                            ``(v) be provided to the State agency that 
                        has primary enforcement responsibility pursuant 
                        to section 1413 and to the Administrator.
                    ``(C) Notice by mail.--Regulations promulgated 
                under this subsection shall specify that community 
                water systems shall provide notice by mail to each 
                customer of the system of any violation of a maximum 
                contaminant level or treatment technique, in the first 
                billing, if any, that occurs after the violation, but 
                not later than 1 year after the violation. The 
                Administrator shall prescribe the form and manner of 
                the notice to ensure a clear and readily understandable 
                explanation of the violation, any potential adverse 
                health effects, the steps that the system is taking to 
                correct the violation, and the necessity to seek 
                alternative water supplies, if any, until the violation 
                is corrected.
                    ``(D) Other violations.--Notice of violations other 
                than violations by a community water system identified 
                under subparagraph (B) shall be--
                            ``(i) provided not less frequently than 
                        annually and prominently published in a 
                        newspaper of general circulation serving the 
                        area; and
                            ``(ii) provided to the State agency that 
                        has primary enforcement responsibility pursuant 
                        to section 1413 and to the Administrator.
                    ``(E) Violations by noncommunity systems.--The 
                Administrator shall establish appropriate procedures 
                for notifying the users or potential users of a 
                noncommunity water system of violations by the system, 
                including posting wherever access to the water of the 
                system is available to the public, if the violation may 
                present a serious threat to human health.
                    ``(F) Annual report by state.--Not later than 
                January 1, 1996, and annually thereafter, each State 
                that has primary enforcement responsibility pursuant to 
                section 1413 shall publish an annual report on public 
                water system compliance in the State and submit the 
                report to the Administrator.
                    ``(G) Annual report by administrator.--Not later 
                than July 1, 1996, and annually thereafter, the 
                Administrator shall submit to Congress an annual report 
                summarizing and evaluating reports submitted by States 
                pursuant to subparagraph (F) and notices submitted by 
                public water systems serving Indian tribes provided to 
                the Administrator pursuant to subparagraph (B) or (D) 
                and making recommendations concerning the resources 
                needed to improve compliance with this title. The 
                report shall include information about public water 
                system compliance on Indian reservations and about 
                enforcement activities undertaken and financial 
                assistance provided by the Administrator on Indian 
                reservations, and shall make specific recommendations 
                concerning the resources needed to improve compliance 
                with this title on Indian reservations.
    ``(l) Notice of Noncompliance With Secondary Drinking Water 
Regulations.--Whenever, on the basis of information available to the 
Administrator, the Administrator finds that within a reasonable time 
after national secondary drinking water regulations have been 
promulgated, 1 or more public water systems in a State do not comply 
with the secondary regulations, and that the noncompliance appears to 
result from a failure of the State to take reasonable action to ensure 
that public water systems throughout the State meet the secondary 
regulations, the Administrator shall so notify the State.
    ``(m) State Authority To Adopt or Enforce Laws or Regulations.--
Nothing in this title shall diminish any authority of a State or 
political subdivision to adopt or enforce any law or regulation 
respecting drinking water regulations or public water systems, but no 
such law or regulation shall relieve any person of any requirement 
otherwise applicable under this title.''.
    (b) State Authority for Administrative Penalties.--Section 1413(a) 
(42 U.S.C. 300g-2(a)) is amended--
            (1) by striking ``and'' at the end of paragraph (4);
            (2) by striking the period at the end of paragraph (5) and 
        inserting ``; and''; and
            (3) by adding at the end the following new paragraph:
            ``(6) has adopted authority for administrative penalties 
        comparable to the authority in section 1414(c).''.

SEC. 7. CONTROL OF LEAD IN DRINKING WATER.

    (a) Fittings and Fixtures.--Section 1417 (42 U.S.C. 300g-6) is 
amended--
            (1) in subsection (a)--
                    (A) by striking paragraph (1) and inserting the 
                following new paragraph:
            ``(1) Prohibitions.--
                    ``(A) In general.--No person may use any pipe, pipe 
                or plumbing fitting or fixture, solder, or flux, after 
                June 19, 1986, in the installation or repair of--
                            ``(i) any public water system; or
                            ``(ii) any plumbing in a residential or 
                        nonresidential facility providing water for 
                        human consumption,
                that is not lead free (within the meaning of 
                subsections (d) and (e)(4)).
                    ``(B) Leaded joints.--Subparagraph (A) shall not 
                apply to leaded joints necessary for the repair of cast 
                iron pipes.'';
                    (B) in paragraph (2)(A), by inserting after 
                ``Each'' the following: ``owner or operator of a''; and
                    (C) by adding at the end the following new 
                paragraph:
            ``(3) Unlawful acts.--Effective 2 years after the date of 
        enactment of this paragraph, it shall be unlawful--
                    ``(A) for any person to introduce into commerce any 
                pipe or pipe or plumbing fitting or fixture that is not 
                lead free;
                    ``(B) for any person engaged in the business of 
                selling plumbing supplies, except manufacturers, to 
                sell solder or flux that is not lead free; or
                    ``(C) for any person to introduce into commerce any 
                solder or flux that is not lead free unless the solder 
                or flux bears a prominent label stating that it is 
                illegal to use the solder or flux in the installation 
                or repair of any plumbing providing water for human 
                consumption.'';
            (2) in subsection (d)--
                    (A) by striking ``For'' and inserting ``Except as 
                provided in subsection (e)(4), for''; and
                    (B) in paragraph (2), by striking ``pipe fittings'' 
                each place it appears and inserting ``pipe and plumbing 
                fittings and fixtures''; and
            (3) by adding at the end the following new subsections:
    ``(e) Plumbing Fittings and Fixtures.--
            ``(1) In general.--The Administrator shall provide accurate 
        and timely technical information and assistance to qualified 
        third-party certifiers in the development of voluntary 
        standards and testing protocols for the leaching of lead from 
        new plumbing fittings and fixtures that are intended by the 
        manufacturer to dispense water for human ingestion.
            ``(2) Standards.--
                    ``(A) In general.--If a voluntary standard for the 
                leaching of lead is not established by the date that is 
                1 year after the date of enactment of this subsection, 
                the Administrator shall, not later than 2 years after 
                the date of enactment of this subsection, promulgate 
                regulations setting a health-effects-based performance 
                standard establishing maximum leaching levels from new 
                plumbing fittings and fixtures that are intended by the 
                manufacturer to dispense water for human ingestion. The 
                standard shall become effective on the date that is 5 
                years after the date of promulgation of the standard.
                    ``(B) Alternative requirement.--If regulations are 
                required to be promulgated under subparagraph (A) and 
                have not been promulgated by the date that is 5 years 
                after the date of enactment of this subsection, no 
                person may import, manufacture, process, or distribute 
                in commerce a new plumbing fitting or fixture, intended 
                by the manufacturer to dispense water for human 
                ingestion, that contains more than 4 percent lead by 
                dry weight.
    ``(f) Water Well Pumps and Water Well System Component Parts.--
            ``(1) The Administrator shall, within one year from the 
        date of enactment, complete a report reviewing data and 
        information on the leaching of lead from water well pumps and 
        water well system component parts (not to include above-ground 
        pipes, pipe fittings and fixtures specified under subsection 
        (e)) that come into contact with drinking water and the 
        adequacy of voluntary consensus standards for protecting the 
        health of persons from the leaching of lead. In conducting a 
        review under this paragraph, the Administrator shall identify 
        the potential health risks to children and other vulnerable 
        subpopulations associated with water well pumps and water well 
        system component parts.
            ``(2) Not later than two years after the date of enactment 
        of this paragraph, if the Administrator determines that a 
        voluntary consensus standard is not effectively protecting the 
        health of persons, then the Administrator shall establish a 
        health-effects based performance standard and testing protocol 
        for the maximum leaching of lead from water well pumps and 
        water well system components parts (not to include above-ground 
        pipes, pipe fittings and fixtures specified under subsection 
        (e)) in water well systems that come into contact with drinking 
        water.
            ``(3) It shall be a violation of this Act to import, 
        manufacture, sell, distribute or install a water well pump or 
        water well system component parts (not to include above-ground 
        pipes, pipe fittings and fixtures specified in subsection (e)) 
        that leach lead above the maximum level identified in the 
        standard established by the Administrator under paragraph (2).
            ``(4) Not later than 180 days after the date of enactment 
        of this subsection, the Administrator shall request information 
        as is reasonably required to assist the administrator in 
        carrying out the requirements of this subsection.
            ``(5) Report on leaking oil from submersible well pumps.--
                    ``(A) Study.--Not later than 1 year after the date 
                of enactment of this subsection, the Administrator 
                shall complete a study that--
                            ``(i) reviews data and information on the 
                        leaking of oil, including nonfood grade oil and 
                        food grade oil, and polychlorinated biphenyls 
                        from well pumps that come into contact with 
                        drinking water in private wells and wells in 
                        public water systems; and
                            ``(ii) identifies potential health risks 
                        from the leaking oil and polychlorinated 
                        biphenyls in wells.
                    ``(B) Report.--Not later than 18 months after the 
                date of enactment of this subsection, the Administrator 
                shall publish a report, to be provided to the 
                environmental agency of each State for distribution to 
                the public, that--
                            ``(i) identifies each pump that presents a 
                        health risk referred to in subparagraph (A), 
                        including the manufacturer and model number of 
                        the pump; and
                            ``(ii) provides recommendations on 
                        precautions to be taken to avoid the risk, such 
                        as the replacement of the pump, cleaning of the 
                        well and plumbing system in which the pump is 
                        located, and testing of the well after the 
                        removal of the pump.''.
    (b) Records and Inspections.--Subparagraph (A) of section 
1445(a)(1) (42 U.S.C. 300j-4(a)(1)) (as designated by section 
4(g)(1)(A)) is amended by striking ``Every person'' and all that 
follows through ``is a grantee,'' and inserting ``Every person who is 
subject to any requirement of this title or who is a grantee''.

SEC. 8. RADON IN DRINKING WATER.

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

                       ``radon in drinking water

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

SEC. 9. WATER QUALITY PROTECTION PARTNERSHIP.

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

                   ``source water quality protection

    ``Sec. 1420. (a) Source Water Quality Protection Petition 
Program.--
            ``(1) In general.--
                    ``(A) Establishment.--A State may establish a 
                program under which an owner or operator of a community 
                water system of the State, or a municipal or local 
                government or political subdivision of the government 
                in the State, may submit a water quality protection 
                petition to the State requesting that the State assist 
                in addressing--
                            ``(i) the origins of drinking water 
                        contaminants of public health concern, 
                        including to the extent practicable the 
                        specific activities, that affect the drinking 
                        water supply of a community; and
                            ``(ii) the financial or technical 
                        limitations that impair the ability of a 
                        community water system to provide drinking 
                        water that complies with a national primary 
                        drinking water regulation for--
                                    ``(I) a contaminant listed under 
                                this title; or
                                    ``(II) an unregulated contaminant 
                                for which the Administrator has 
                                determined that there is an urgent 
                                threat to public health pursuant to 
                                section 1412(b)(3)(G).
                    ``(B) Funding.--The State may provide assistance in 
                response to the petition using funds referred to in 
                subsections (b)(2)(C) and (c).
            ``(2) Goal.--The objective of a petition submitted under 
        this subsection shall be to seek assistance from the State in 
        directing or redirecting resources under Federal or State water 
        quality programs to establish voluntary, incentive-based 
        partnerships in order to address the origins of drinking water 
        contaminants of public health concern, including to the extent 
        practicable the specific activities, that affect the drinking 
        water supply of a community.
            ``(3) Contents of petition.--A petition submitted under 
        this subsection shall, at a minimum--
                    ``(A) include a delineation of the source water 
                area in the State that is the subject of the petition;
                    ``(B) identify the origins of the drinking water 
                contaminants of public health concern, including to the 
                extent practicable the specific activities, in the 
                source water area delineated under subparagraph (A);
                    ``(C) identify any deficiencies in information that 
                will inhibit the identification of significant origins 
                of drinking water contaminants of public health 
                concern; and
                    ``(D) identify any public participation solicited 
                from affected persons in the source water area 
                delineated under subparagraph (A), including--
                            ``(i) voluntary efforts to address the 
                        origins of the drinking water contaminants of 
                        public health concern, including specific 
                        activities; and
                            ``(ii) the assistance that may be needed to 
                        facilitate the efforts.
    ``(b) Approval or Disapproval of Petitions.--
            ``(1) In general.--After providing notice and an 
        opportunity for public comment on a petition submitted under 
        subsection (a), the State shall approve or disapprove in whole 
        or in part the petition in an expeditious manner.
            ``(2) Approval.--The State may approve a petition if the 
        petition meets the requirements established under subsection 
        (a). The notice of approval shall, at a minimum, include--
                    ``(A) a determination that the drinking water 
                contaminants referred to in the petition pose a public 
                health concern;
                    ``(B) a description of the options available, 
                including voluntary measures and practices, for the 
                protection of source waters to address the problems 
                described in the petition;
                    ``(C) an identification of technical or financial 
                assistance that the State will provide to assist in 
                addressing the drinking water contaminants of public 
                health concern based on--
                            ``(i) the relative priority of the public 
                        health concern identified in the petition as 
                        compared to the other water quality needs 
                        identified by the State;
                            ``(ii) any appropriate studies or 
                        assessments that are available to identify 
                        significant origins of drinking water 
                        contaminants of public health concern;
                            ``(iii) any necessary coordination that the 
                        State will perform of the program established 
                        under this section with programs implemented or 
                        planned by other States under this section; and
                            ``(iv) funds available (including funds 
                        available from a State revolving loan fund 
                        established under title VI of the Federal Water 
                        Pollution Control Act (33 U.S.C. 1381 et seq.) 
                        or part G) and the appropriate distribution of 
                        the funds to assist in addressing the problems 
                        described in the petition;
                    ``(D) a description of Federal and State programs 
                available to assist in addressing the problems 
                described in the petition, including--
                            ``(i) any program established under the 
                        Federal Water Pollution Control Act (33 U.S.C. 
                        1251 et seq.);
                            ``(ii) the program established under 
                        section 6217 of the Coastal Zone Act 
                        Reauthorization Amendments of 1990 (16 U.S.C. 
                        1455b);
                            ``(iii) the agricultural water quality 
                        protection program established under chapter 2 
                        of subtitle D of title XII of the Food Security 
                        Act of 1985 (16 U.S.C. 3838 et seq.);
                            ``(iv) the sole source aquifer protection 
                        program established under section 1427;
                            ``(v) the community wellhead protection 
                        program established under section 1428;
                            ``(vi) any pesticide or ground water 
                        management plan; and
                            ``(vii) any abandoned well closure program;
                    ``(E) a description of activities that will be 
                undertaken to coordinate Federal and State programs to 
                respond to the petition; and
                    ``(F) a description of alternative management 
                measures or treatment techniques and other strategies, 
                including an evaluation of the costs associated with 
                each alternative, and a description of sources of 
                funding available to implement the alternative.
            ``(3) Disapproval.--If the State disapproves a petition 
        submitted under subsection (a), the State shall notify the 
        entity submitting the petition in writing of the reasons for 
        disapproval. A petition may be resubmitted at any time if new 
        information becomes available or conditions affecting the 
        source water that is the subject of the petition change.
    ``(c) Eligibility for Water Quality Protection Assistance.--A sole 
source aquifer plan developed pursuant to section 1427, a wellhead 
protection plan developed pursuant to section 1428, and a source water 
quality protection measure assisted in response to a petition submitted 
under subsection (a) shall be eligible for assistance under the Federal 
Water Pollution Control Act (33 U.S.C. 1251 et seq.), including 
assistance provided under section 319 and title VI of such Act (33 
U.S.C. 1329 and 1381 et seq.), in the same manner as a project, 
measure, or practice identified in a State plan under such section 319 
is eligible for assistance under such Act. In the case of funds made 
available under such section 319 to assist a source water quality 
protection measure in response to a petition submitted under subsection 
(a), the funds may be used only for a measure that addresses nonpoint 
source pollution.
    ``(d) Grants to Support State Programs.--
            ``(1) In general.--The Administrator is authorized to make 
        grants to each State that establishes a program under this 
        section that is approved under paragraph (2). The amount of 
        each grant shall not exceed 50 percent of the cost of 
        administering the petition program for the year in which the 
        grant is available.
            ``(2) Approval.--As a condition of receiving grant 
        assistance under this subsection, a State shall submit to the 
        Administrator for approval a source water protection petition 
        program that is consistent with the guidance published under 
        paragraph (3).
            ``(3) Guidance.--Not later than 1 year after the date of 
        enactment of this section, the Administrator shall publish 
        guidance to assist States in the development of a source water 
        protection petition program. The guidance shall, at a minimum--
                    ``(A) recommend procedures for the approval by a 
                State of a source water protection petition submitted 
                under subsection (a);
                    ``(B) recommend procedures by which a community 
                water system may submit a source water protection 
                petition developed under subsection (a);
                    ``(C) recommend criteria for the delineation of 
                source water protection areas within a State; and
                    ``(D) describe sources of funding that are 
                available to develop and respond to source water 
                protection petitions.
            ``(4) Authorization of appropriations.--There are 
        authorized to be appropriated to carry out this subsection such 
        sums as are necessary for each of fiscal years 1995 through 
        2000. Each State with a program approved under paragraph (2) 
        shall receive an equitable portion of the funds available for 
        any fiscal year.''.
    (b) Critical Aquifer Protection.--Section 1427 (42 U.S.C. 300h-6) 
is amended--
            (1) by striking subsections (a) and (b) and inserting the 
        following new subsections:
    ``(a) Purpose.--The purpose of this section is to support and 
assist the establishment of programs for the protection of critical 
aquifer protection areas.
    ``(b) Definition of Critical Aquifer Protection Area.--As used in 
this section, the term `critical aquifer protection area' means an area 
that contains ground water that--
            ``(1) is the principal source of supply to a public water 
        system;
            ``(2) if contaminated, would create a significant hazard to 
        public health; and
            ``(3) satisfies the criteria established pursuant to 
        subsection (d).'';
            (2) in subsection (c)--
                    (A) in the first sentence--
                            (i) by striking ``State,'';
                            (ii) by striking ``the Administrator'' and 
                        inserting ``a State with a program pursuant to 
                        section 1420''; and
                            (iii) by striking ``selection of such area 
                        for a demonstration program'' and inserting 
                        ``approval of an application for the 
                        designation of the area''; and
                    (B) by striking the last sentence; and
            (3) in the first sentence of subsection (n), by adding at 
        the end the following:

        ``1992-2000......................................20,000,000.''.
    (c) Wellhead Protection Areas.--
            (1) Applications.--Section 1428(a) (42 U.S.C. 300h-7(a)) is 
        amended by striking ``shall, within 3 years of the date of 
        enactment of the Safe Drinking Water Act Amendments of 1986,'' 
        and inserting ``may''.
            (2) Authorization of appropriations.--Section 1428(k) (42 
        U.S.C. 300h-7(k)) is amended by adding at the end the 
        following:

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

SEC. 10. EMERGENCY POWERS.

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

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

    Section 1442 (42 U.S.C. 300j-1) (as amended by section 5(c)) is 
further amended--
            (1) by redesignating paragraph (3) of subsection (b) as 
        paragraph (3) of subsection (d) and moving such paragraph to 
        appear after paragraph (2) of subsection (d);
            (2) by striking subsection (b) (as so amended);
            (3) by redesignating subparagraph (B) of subsection (a)(2) 
        as subsection (b) and moving such subsection to appear after 
        subsection (a);
            (4) in subsection (a)--
                    (A) by striking paragraph (2) (as so amended) and 
                inserting the following new paragraph:
            ``(2) Information and research facilities.--In carrying out 
        this title, the Administrator is authorized to--
                    ``(A) collect and make available information 
                pertaining to research, investigations, and 
                demonstrations with respect to providing a dependably 
                safe supply of drinking water, together with 
                appropriate recommendations in connection with the 
                information; and
                    ``(B) make available research facilities of the 
                Agency to appropriate public authorities, institutions, 
                and individuals engaged in studies and research 
                relating to this title.'';
                    (B) by striking paragraph (3) and inserting the 
                following new paragraph:
            ``(3) Scientific basis for decisions.--
                    ``(A) In general.--In carrying out this title, the 
                Administrator shall use the best available peer-
                reviewed science and supporting studies conducted in 
                accordance with sound and objective scientific 
                practices.
                    ``(B) Public information.--In carrying out this 
                title, the Administrator shall ensure that the 
                presentation of information on public health effects is 
                complete and informative. The Administrator shall, in a 
                document made available to the public in support of a 
                regulation issued under this title, specify, to the 
                extent feasible--
                            ``(i) each population addressed by any 
                        estimate of public health effects;
                            ``(ii) the expected risk or central 
                        estimate of risk for the specific population;
                            ``(iii) each appropriate upper-bound or 
                        lower-bound estimate of risk;
                            ``(iv) each uncertainty identified in the 
                        process of the assessment of public health 
                        effects and future research that is necessary 
                        to address the uncertainty; and
                            ``(v) any study known to the Administrator 
                        that supports or fails to support any estimate 
                        of public health effects, including the 
                        methodology used to reconcile varying 
                        scientific data.''; and
                    (C) by adding at the end the following new 
                paragraph:
            ``(12) Authorization of appropriations.--There are 
        authorized to be appropriated to carry out this subsection and 
        subsection (h) $25,000,000 for each of fiscal years 1994 
        through 2000.'';
            (5) in subsection (b) (as so amended)--
                    (A) by striking ``subparagraph'' each place it 
                appears and inserting ``subsection''; and
                    (B) by adding at the end the following new 
                sentence: ``There are authorized to be appropriated to 
                carry out this subsection $8,000,000 for each of fiscal 
                years 1995 through 2000.'';
            (6) in the first sentence of subsection (c), by striking 
        ``eighteen months after the date of enactment of this 
        subsection'' and inserting ``2 years after the date of 
        enactment of the Safe Drinking Water Act Amendments of 1994, 
        and every 5 years thereafter'';
            (7) in subsection (d) (as amended by paragraph (1))--
                    (A) in paragraph (1), by striking ``, and'' at the 
                end and inserting a semicolon;
                    (B) in paragraph (2), by striking the period at the 
                end and inserting ``; and'';
                    (C) by adding after paragraph (3) (as redesignated 
                by paragraph (1)) the following new paragraph:
            ``(4) develop and maintain a system for forecasting the 
        supply of, and demand for, various professional occupational 
        categories and other occupational categories needed for the 
        protection and treatment of drinking water in each region of 
        the United States.''; and
                    (D) by adding at the end the following new 
                sentence: ``There are authorized to be appropriated to 
                carry out this subsection $10,000,000 for each of 
                fiscal years 1994 through 2000.'';
            (8) by striking subsection (e) and inserting the following 
        new subsection:
    ``(e) Certification of Operators and Laboratories.--
            ``(1) Requirement.--The principal operator of each 
        community and noncommunity water systems serving nontransient 
        populations and any laboratory conducting tests pursuant to 
        this title, and such additional personnel as may be designated 
        by the Administrator, shall be required to be certified as 
        proficient pursuant to this section by a State or the 
        Administrator.
            ``(2) Effective date.--The requirement referred to in 
        paragraph (1) shall become effective on the date that is 4 
        years after the date of enactment of the Safe Drinking Water 
        Act Amendments of 1994.
            ``(3) Guidelines.--Not later than 2 years after the date of 
        enactment of the Safe Drinking Water Act Amendments of 1994, 
        the Administrator shall publish guidelines developed in 
        consultation with the States describing minimum standards for 
        certification of the proficiency of operators and other 
        appropriate personnel by a State pursuant to this subsection.
            ``(4) Noncompliance.--Effective beginning October 1, 1999, 
        if the Administrator determines that the certification program 
        implemented by a State lacks a major element identified in the 
        guidance published pursuant to paragraph (3) or an element of 
        the program is substantially inconsistent with the guidelines 
        established in paragraph (3), the Administrator shall withhold 
        a percentage (prescribed in the second sentence) of the 
        capitalization grant made to the State pursuant to part G. The 
        percentage withheld shall be 10 percent for fiscal year 1999, 
        30 percent for fiscal year 2000, and 50 percent for each 
        subsequent fiscal year.'';
            (9) in subsection (g)--
                    (A) in the second sentence, by inserting ``and 
                multi-State regional technical assistance'' after 
                ```circuit rider'''; and
                    (B) in the third sentence, by striking ``1987 
                through 1991'' and inserting ``1994 through 2000. If 
                the Administrator makes a grant to a non-profit 
                organization to provide technical assistance under this 
                section, the Administrator shall assure that the 
                program administered by the non-profit organization, in 
                combination with other grants under this section, 
                provides technical assistance among the States in an 
                equitable manner. A non-profit organization conducting 
                any activities supported by a grant under this 
                subsection, shall consult with the State agency having 
                primary enforcement responsibility under section 1413 
                on the activities to be conducted in the State''; and
            (10) by adding at the end the following new subsections:
    ``(i) Research.--
            ``(1) In general.--In conducting research under this 
        section, the Administrator shall conduct studies to--
                    ``(A) determine the levels and national 
                distributions of contaminants in drinking water that 
                have adverse effects on human populations;
                    ``(B) develop more reliable and cost-effective 
                monitoring methods to identify and characterize 
                drinking water contaminants;
                    ``(C) determine the diseases drinking water 
                contaminants likely cause;
                    ``(D) identify other sources of exposure that exist 
                for the hazardous agents found in drinking water and 
                whether drinking water is a major or minor contributor 
                to the overall exposure to the hazardous agents;
                    ``(E) develop improved technologies and alternative 
                strategies for treating water, particularly for small 
                systems, that emphasize risk reduction; and
                    ``(F) evaluate the relative risks, costs, and 
                benefits of each strategy to provide safe drinking 
                water to citizens of the United States.
            ``(2) Risk assessment research.--In carrying out paragraph 
        (1), the Administrator shall conduct research necessary to--
                    ``(A) develop a more accurate, coordinated national 
                data base on the occurrence of contaminants (including 
                chemicals, microbes, and radiologics) in drinking 
                water, as well as in air, food, and other media;
                    ``(B) understand the mechanisms by which chemical 
                contaminants are absorbed, distributed, metabolized, 
                and eliminated from the human body, so as to develop 
                more accurate physiologically based models of the 
                phenomena;
                    ``(C) understand the effects of contaminants 
                referred to in subparagraph (A) and the mechanisms by 
                which the contaminants cause adverse effects 
                (especially noncancer and infectious effects) and the 
                variations in the effects among humans, especially 
                sensitive subpopulations, and from test animals to 
                humans;
                    ``(D) develop new tools, such as biomarkers, to 
                allow epidemiological studies of higher resolution so 
                as to confirm the predictions of health hazards to 
                humans that are derived from animal studies; and
                    ``(E) develop new approaches to the study of 
                complex mixtures, such as mixtures found in drinking 
                water, especially to determine the prospects for 
                synergistic or antagonistic interactions that may 
                affect the shape of the dose-response relationship of 
                the individual chemicals and microbes, and to examine 
                noncancer endpoints and infectious diseases, and 
                susceptible individuals and subpopulations.
            ``(3) Studies.--In carrying out paragraph (1), the 
        Administrator shall--
                    ``(A) conduct studies on the relative risks of 
                alternative disinfectants and the byproducts of the 
                disinfectants;
                    ``(B) conduct studies on the microorganisms that 
                occur in drinking water and surveys to identify highly 
                susceptible populations that are at greater risk of 
                disease because of the microorganisms found in drinking 
                water;
                    ``(C) conduct social science studies to better 
                evaluate how to weigh and analyze competing risks, such 
                as risks associated with chemical exposures versus 
                microbial exposures in drinking water;
                    ``(D) establish a national data base that describes 
                the occurrences of the synthetic organic chemicals 
                found in drinking water, and conduct studies to 
                identify the relative contributions of the chemicals 
                from poor quality source water, highly treated 
                wastewaters considered for direct reuse, treatment 
                processes, and materials used in plumbing or 
                distribution systems;
                    ``(E) conduct studies on inorganic and synthetic 
                organic chemicals to evaluate the effects of treatment 
                processes, such as coagulation and chemical oxidation, 
                on the level and toxic effects of chemicals in drinking 
                water and the potential risks associated with the 
                disposal of sludges and other wastes resulting from 
                drinking water treatment; and
                    ``(F) develop microbial models to predict the 
                impact of waterborne microorganisms on community 
                health, assess the costs and benefits of control 
                strategies, evaluate competing risks, and develop and 
                implement risk management decisions.
            ``(4) Prioritization.--Congress finds that research 
        conducted under this section will be costly and will require 
        years to achieve. In light of the costs, a high priority for 
        research under this section should be placed on any substance 
        in drinking water that meets the following criteria:
                    ``(A) The concentrations at which the substance is 
                commonly found in drinking water are sufficiently high 
                to suggest that the substance may significantly impact 
                the public health as judged by then current risk 
                assessments.
                    ``(B) There is significant concern over the 
                accuracy of then current assessments.
                    ``(C) Viable and compelling hypotheses can be 
                proposed concerning potential mechanisms of action that 
                are amenable to testing.
                    ``(D) Measurement of the substance and, in the case 
                of a chemical, the important metabolites of the 
                substance, in the body is feasible.
                    ``(E) There is significant concern over the 
                substance such that there is a need to develop methods 
                to measure the substance or the important metabolites 
                of the substance, or both.
                    ``(F) Regulation has the potential of imposing 
                adverse impacts on public health, such as dictating the 
                use of a water treatment process that is less well 
                proven or potentially more toxic than the process in 
                use.
            ``(5) Risk characterization and risk management.--
                    ``(A) In general.--The Administrator shall develop 
                an integrated risk characterization strategy for 
                drinking water quality.
                    ``(B) Deadlines.--The strategy shall be--
                            ``(i) submitted to Congress not later than 
                        1 year after the date of enactment of this 
                        subsection; and
                            ``(ii) revised every 3 years thereafter.
                    ``(C) Purposes.--The strategy shall--
                            ``(i) define the policy of the 
                        Administrator for drinking water protection;
                            ``(ii) describe the plans of the 
                        Administrator to conduct research, over the 12- 
                        to 15-year period beginning on the date of the 
                        submission or revision, to resolve the 
                        uncertainties about drinking water risks;
                            ``(iii) identify unmet needs, priorities 
                        for study, how the results of the studies may 
                        be used to better understand the risks of 
                        drinking water exposures for near-term 
                        decisionmaking, and to improve the scientific 
                        basis for decisionmaking over time; and
                            ``(iv) address the uncertainties that will 
                        likely remain even after the research is 
                        completed and what the uncertainties imply for 
                        decisionmaking by the Administrator and for 
                        communicating the decisions to the public and 
                        Congress.
    ``(j) Subpopulations at Greater Risk.--The Administrator shall 
conduct a continuing program of research to identify groups within the 
general population that may be at greater risk of adverse health 
effects due to exposure to contaminants in drinking water than the 
general population. The Administrator shall report to Congress on the 
results of this research not later than 3 years after the date of 
enactment of this subsection, and every 3 years thereafter, and 
indicate in the reports whether there is any evidence that infants, 
children, pregnant women, the elderly, individuals with a history of 
serious illness, or other subpopulations that can be identified and 
characterized are likely to experience elevated health risks, including 
risks of cancer, from contaminants in drinking water. In characterizing 
the health effects of drinking water contaminants under this Act, the 
Administrator shall take into account all relevant factors, including 
the margin of safety for variability in the general population and the 
results of research required under this subsection and other sound 
scientific evidence (including the 1993 and 1994 reports of the 
National Academy of Sciences) regarding subpopulations at greater risk 
for adverse health effects.''.

SEC. 12. STATE DRINKING WATER PROGRAM FUNDING.

    (a) Public Water System Supervision Program.--Section 1443(a) (42 
U.S.C. 300j-2(a)) is amended--
            (1) in paragraph (3)--
                    (A) by striking ``(3) A grant'' and inserting the 
                following:
            ``(3) Amount of grant.--
                    ``(A) In general.--A grant''; and
                    (B) by adding at the end the following new 
                subparagraphs:
                    ``(B) Determination of costs.--In order to 
                determine the costs of a grant recipient pursuant to 
                this paragraph, the Administrator shall, in cooperation 
                with the States and not later than 60 days after the 
                date of enactment of this subparagraph, establish a 
                resource model for the public water system supervision 
                program and review and revise the model as necessary.
                    ``(C) State cost adjustments.--The Administrator 
                shall revise cost estimates used in the resource model 
                for any particular State to reflect costs more likely 
                to be experienced in that State, if--
                            ``(i) the State requests the modification;
                            ``(ii) the revised estimates assure full 
                        and effective administration of the public 
                        water system supervision program in the States 
                        and the revised estimates do not overstate the 
                        resources needed to administer such program; 
                        and
                            ``(iii) the basis for the estimates are 
                        used consistently under this title, including 
                        for purposes of section 1474(a)(2) in each 
                        fiscal year for which such section is 
                        applicable.'';
            (2) in paragraph (7), by adding at the end a period and the 
        following new flush sentence: ``For the purpose of making 
        grants under paragraph (1), there are authorized to be 
        appropriated such sums as are necessary for each of fiscal 
        years 1992 and 1993 and $100,000,000 for each of fiscal years 
        1994 through 2000.''; and
            (3) by adding at the end the following new paragraphs:
            ``(8) Reservation of funds by the administrator.--If the 
        Administrator assumes the primary enforcement responsibility of 
        a State water system supervision program, the Administrator may 
        reserve from funds made available pursuant to this subsection, 
        an amount equal to the amount that would otherwise have been 
        provided to the State pursuant to this subsection. The 
        Administrator shall use the funds reserved pursuant to this 
        paragraph to ensure the full and effective administration of a 
        public water system supervision program in the State.
            ``(9) State loan funds.--
                    ``(A) In general.--In addition to amounts made 
                available pursuant to paragraph (8), the Administrator 
                may use the amount reserved pursuant to subparagraph 
                (B) for the administration of the public water system 
                supervision program of States in which the 
                Administrator implements the program.
                    ``(B) Reservation of funds.--For any fiscal year 
                for which the amounts made available to the 
                Administrator by appropriation are less than the amount 
                the Administrator determines is needed to supplement 
                funds made available pursuant to paragraph (8) and 
                ensure the full and effective administration of a 
                public water system supervision program in a State, the 
                Administrator may reserve from funds made available to 
                the State pursuant to section 1479 the difference 
                between the amounts.''.
    (b) State Ground Water Protection Grants.--Section 1443 (42 U.S.C. 
300j-2) is amended--
            (1) by redesignating subsection (c) as subsection (d); and
            (2) by inserting after subsection (b) the following new 
        subsection:
    ``(c) State Ground Water Protection Grants.--
            ``(1) In general.--The Administrator may make a grant to a 
        State for the development and implementation of a State program 
        to ensure the coordinated and comprehensive protection of 
        ground water resources within the State.
            ``(2) Guidance.--Not later than 1 year after the date of 
        enactment of the Safe Drinking Water Act Amendments of 1994, 
        and annually thereafter, the Administrator shall publish 
        guidance that establishes procedures for application for State 
        ground water protection program assistance and that identifies 
        key elements of State ground water protection programs.
            ``(3) Conditions of grants.--
                    ``(A) In general.--The Administrator shall award 
                grants to States that submit an application that is 
                approved by the Administrator. The Administrator shall 
                determine the amount of a grant awarded pursuant to 
                this paragraph on the basis of an assessment of the 
                extent of ground water resources in the State and the 
                likelihood that awarding the grant will result in 
                sustained and reliable protection of ground water 
                quality.
                    ``(B) Innovative program grants.--The Administrator 
                may also award a grant pursuant to this paragraph for 
                innovative programs proposed by a State for the 
                prevention of ground water contamination.
                    ``(C) Allocation of funds.--The Administrator 
                shall, at a minimum, ensure that, for each fiscal year, 
                not less than 1 percent of funds made available to the 
                Administrator by appropriations to carry out this 
                subsection are allocated to each State that submits an 
                application that is approved by the Administrator 
                pursuant to this subsection.
                    ``(D) Limitation on grants.--No grant awarded by 
                the Administrator may be used for a project to 
                remediate ground water contamination.
            ``(4) Coordination with other grant programs.--The awarding 
        of grants by the Administrator pursuant to this subsection 
        shall be coordinated with the awarding of grants pursuant to 
        section 319(i) of the Federal Water Pollution Control Act (33 
        U.S.C. 1329(i)) and the awarding of other Federal grant 
        assistance that provides funding for programs related to ground 
        water protection.
            ``(5) Amount of grants.--The amount of a grant awarded 
        pursuant to paragraph (1) shall not exceed 50 percent of the 
        eligible costs of carrying out the ground water protection 
        program that is the subject of the grant (as determined by the 
        Administrator) for the 1-year period beginning on the date that 
        the grant is awarded. The State shall pay a State share to 
        cover the costs of the ground water protection program from 
        State funds in an amount that is not less than 50 percent of 
        the cost of conducting the program.
            ``(6) Evaluations and reports.--Not later than 3 years 
        after the date of enactment of the Safe Drinking Water Act 
        Amendments of 1994, and every 3 years thereafter, the 
        Administrator shall evaluate the State ground water protection 
        programs that are the subject of grants awarded pursuant to 
        this subsection and report to Congress on the status of ground 
        water quality in the United States and the effectiveness of 
        State programs for ground water protection.
            ``(7) Authorization of appropriations.--There are 
        authorized to be appropriated to the Environmental Protection 
        Agency to carry out this subsection $20,000,000 for each of 
        fiscal years 1995 through 2000.''.
    (c) Underground Injection Control Grant.--Section 1443(b)(5) (42 
U.S.C. 300j-2(b)(5)) is amended by adding at the end the following:

  

                ``1992...........................  $20,850,000        
                 1993............................  $20,850,000        
                 1994............................  $20,850,000        
                 1995............................  $20,850,000        
                 1996............................  $20,850,000        
                 1997............................  $20,850,000        
                 1998............................  $20,850,000        
                 1999............................  $20,850,000        
                 2000............................  $20,850,000.''.      
                                                                        

SEC. 13. INFORMATION AND INSPECTIONS.

    (a) Information Gathering.--Subparagraph (A) of section 1445(a)(1) 
(42 U.S.C. 300j-4(a)(1)) (as designated by section 4(g)(1)(A)) is 
amended by striking ``such information as the Administrator may 
reasonably require'' and all that follows through the period at the end 
and inserting the following: ``such information as the Administrator 
may reasonably require--
            ``(i) to assist the Administrator in establishing 
        regulations under this title or to assist the Administrator in 
        determining, on a case-by-case basis, whether the person has 
        acted or is acting in compliance with this title; and
            ``(ii) by regulation to assist the Administrator in 
        determining compliance with national primary drinking water 
        regulations promulgated under section 1412 or in administering 
        any program of financial assistance under this title.''.
    (b) Inspections.--Subsections (b) and (c) of section 1445 (42 
U.S.C. 300j-4) are amended to read as follows:
    ``(b) Inspections.--
            ``(1) In general.--The Administrator, or the authorized 
        representative of the Administrator (including an authorized 
        contractor acting as a representative of the Administrator), on 
        presentation of appropriate credentials to any person who is or 
        may be subject to--
                    ``(A) a national primary drinking water regulation 
                prescribed pursuant to section 1412;
                    ``(B) an applicable underground injection control 
                program;
                    ``(C) any requirement to monitor an unregulated 
                contaminant pursuant to subsection (a); or
                    ``(D) any other requirement of this title,
        or to a person in charge of any of the property of a person 
        referred to in subparagraph (A), (B), (C), or (D) (or the 
        senior employee present at the site), is authorized to enter 
        any establishment, facility, or other property of a person 
        referred to in subparagraph (A), (B), (C), or (D).
            ``(2) Purposes of inspections.--The Administrator or an 
        authorized representative of the Administrator may enter an 
        establishment, facility, or other property pursuant to 
        paragraph (1)--
                    ``(A) in order to determine whether a person has 
                acted or is acting in compliance with this title, 
                including for this purpose, inspecting, at reasonable 
                times, records, files, papers, processes, controls, and 
                facilities; or
                    ``(B) in order to test any feature of a public 
                water system, including the raw water source of the 
                system.
            ``(3) Access to records.--The Administrator or the 
        Comptroller General of the United States (or any authorized 
        representative designated by the Administrator or the 
        Comptroller General of the United States) shall have access for 
        the purpose of audit and examination to any record, report, or 
        information of a person or grantee that--
                    ``(A) is required to be maintained under subsection 
                (a); or
                    ``(B) is pertinent to any financial assistance 
                provided pursuant to this title.
            ``(4) Schedule of inspections.--
                    ``(A) In general.--The Administrator or authorized 
                representative of the Administrator shall conduct 
                inspections undertaken pursuant to this subsection 
                during the normal operating hours of the establishment, 
                facility, or other property.
                    ``(B) Small systems.--For a public water system 
                serving a population of 3,300 or less, the 
                Administrator or authorized representative of the 
                Administrator shall, to the extent practicable--
                            ``(i) notify the person referred to in 
                        paragraph (1), at least 3 days before the 
                        inspection, of the time when the inspection is 
                        scheduled to occur, and
                            ``(ii) schedule the inspection at a 
                        mutually convenient time.
                    ``(C) Waiver.--The Administrator or an authorized 
                representative of the Administrator may waive the 
                requirements of subparagraphs (A) or (B) if the 
                Administrator or authorized representative of the 
                Administrator determines that it may be necessary to 
                conduct an inspection to protect public health.
    ``(c) Compliance.--Any person, who is subject to any requirement of 
this title (including a person that the Administrator determines may be 
subject to a requirement of this title), shall--
            ``(1) comply with the requirements of subsection (a);
            ``(2) allow the Administrator or the authorized 
        representative of the Administrator to enter and make 
        determinations and test and take samples pursuant to paragraphs 
        (1) and (2) of subsection (b); and
            ``(3) allow the Administrator, the Comptroller General of 
        the United States, or an authorized representative of the 
        Administrator or the Comptroller General of the United States, 
        to have access to, audit, and examine records, reports, and 
        information pursuant to subsection (b)(3).''.

SEC. 14. FEDERAL AGENCIES.

    (a) In General.--Subsections (a) and (b) of section 1447 (42 U.S.C. 
300j-6) are amended to read as follows:
    ``(a) Compliance.--
            ``(1) In general.--Each Federal agency shall be subject to, 
        and comply with, all Federal, State, interstate, and local 
        substantive and procedural requirements, administrative 
        authorities, and process and sanctions concerning the provision 
        of safe drinking water or underground injection in the same 
        manner, and to the same extent, as any nongovernmental entity 
        is subject to, and shall comply with, the requirements, 
        authorities, and process and sanctions.
            ``(2) Administrative orders and penalties.--The Federal, 
        State, interstate, and local substantive and procedural 
        requirements, administrative authorities, and process and 
        sanctions referred to in paragraph (1) include all 
        administrative orders and all civil and administrative 
        penalties or fines, regardless of whether the penalties or 
        fines are punitive or coercive in nature or are imposed for 
        isolated, intermittent, or continuing violations.
            ``(3) Limited waiver of sovereign immunity.--The United 
        States expressly waives any immunity otherwise applicable to 
        the United States with respect to any requirement, 
        administrative authority, or process or sanction referred to in 
        paragraph (2) (including any injunctive relief, administrative 
        order, or civil or administrative penalty or fine referred to 
        in paragraph (2), or reasonable service charge). The reasonable 
        service charge referred to in the preceding sentence includes a 
        fee or charge assessed in connection with the processing, 
        issuance, renewal, or amendment of a permit, variance, or 
        exemption, review of a plan, study, or other document, or 
        inspection or monitoring of a facility, as well as any other 
        nondiscriminatory charge that is assessed in connection with a 
        Federal, State, interstate, or local safe drinking water 
        regulatory program.
            ``(4) Civil penalties.--No agent, employee, or officer of 
        the United States shall be personally liable for any civil 
        penalty under this subsection with respect to any act or 
        omission within the scope of the official duties of the agent, 
        employee, or officer.
            ``(5) Criminal sanctions.--An agent, employee, or officer 
        of the United States may be subject to a criminal sanction 
        under a State, interstate, or local law concerning the 
        provision of drinking water or underground injection. No 
        department, agency, or instrumentality of the executive, 
        legislative, or judicial branch of the Federal Government shall 
        be subject to a sanction referred to in the preceding sentence.
    ``(b) Waiver of Compliance.--
            ``(1) In general.--The President may waive compliance with 
        subsection (a) by any department, agency, or instrumentality in 
        the executive branch if the President determines waiving 
        compliance with such subsection to be in the paramount interest 
        of the United States.
            ``(2) Waivers due to lack of appropriations.--No waiver 
        described in paragraph (1) shall be granted due to the lack of 
        an appropriation unless the President has specifically 
        requested the appropriation as part of the budgetary process 
        and Congress has failed to make available the requested 
        appropriation.
            ``(3) Period of waiver.--A waiver under this subsection 
        shall be for a period of not to exceed 1 year, but an 
        additional waiver may be granted for a period of not to exceed 
        1 year on the termination of a waiver if the President reviews 
        the waiver and makes a determination that it is in the 
        paramount interest of the United States to grant an additional 
        waiver.
            ``(4) Report.--Not later than January 31 of each year, the 
        President shall report to Congress on each waiver granted 
        pursuant to this subsection during the preceding calendar year, 
        together with the reason for granting the waiver.''.
    (b) Citizen Enforcement.--The first sentence of section 1449(a) (42 
U.S.C. 300j-8(a)) is amended--
            (1) in paragraph (1), by striking ``, or'' and inserting a 
        semicolon;
            (2) in paragraph (2), by striking the period at the end and 
        inserting ``; or''; and
            (3) by adding at the end the following new paragraph:
            ``(3) for the collection of a penalty (and associated costs 
        and interest) against any Federal agency that fails, by the 
        date that is 1 year after the effective date of a final order 
        to pay a penalty assessed by the Administrator pursuant to 
        section 1414(c), to pay the penalty.''.
    (c) Conforming Amendments.--Subsection (c) of section 1447 (42 
U.S.C. 300j-6(c)) is amended--
            (1) by striking ``(c)(1)'' and inserting the following:
    ``(c) Indians.--
            ``(1) Indian lands.--''; and
            (2) in paragraph (2), by striking ``(2) For'' and inserting 
        the following:
            ``(2) Definition of federal agency.--For''.

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

    (a) Definitions.--As used in this section:
            (1) Administrator.--The term ``Administrator'' means the 
        Administrator of the Environmental Protection Agency.
            (2) Adverse effect on human health.--The term ``adverse 
        effect on human health'' includes any increase in the rate of 
        death or serious illness, including disease, cancer, birth 
        defects, reproductive dysfunction, developmental effects 
        (including effects on the endocrine and nervous systems), and 
        other impairments in bodily functions.
            (3) Risk.--The term ``risk'' means the likelihood of an 
        occurrence of an adverse effect on human health, the 
        environment, or public welfare.
            (4) Source of pollution.--The term ``source of pollution'' 
        means a category or class of facilities or activities that 
        alter the chemical, physical, or biological character of the 
        natural environment.
    (b) Findings.--Congress finds that--
            (1) cost-benefit analysis and risk assessment are useful 
        but imperfect tools that serve to enhance the information 
        available in developing environmental regulations and programs;
            (2) cost-benefit analysis and risk assessment can also 
        serve as useful tools in setting priorities and evaluating the 
        success of environmental protection programs;
            (3) cost and risk are not the only factors that need to be 
        considered in evaluating environmental programs as other 
        factors, including values and equity, must also be considered;
            (4) cost-benefit analysis and risk assessment should be 
        presented with a clear statement of the uncertainties in the 
        analysis or assessment;
            (5) current methods for valuing ecological resources and 
        assessing intergenerational effects of sources of pollution 
        need further development before integrated rankings of sources 
        of pollution based on the factors referred to in paragraph (3) 
        can be used with high levels of confidence;
            (6) methods to assess and describe the risks of adverse 
        human health effects, other than cancer, need further 
        development before integrated rankings of sources of pollution 
        based on the risk to human health can be used with high levels 
        of confidence;
            (7) periodic reports by the Administrator on the costs and 
        benefits of regulations promulgated under Federal environmental 
        laws, and other Federal actions with impacts on human health, 
        the environment, or public welfare, will provide Congress and 
        the general public with a better understanding of--
                    (A) national environmental priorities; and
                    (B) expenditures being made to achieve reductions 
                in risk to human health, the environment, and public 
                welfare; and
            (8) periodic reports by the Administrator on the costs and 
        benefits of environmental regulations will also--
                    (A) provide Congress and the general public with a 
                better understanding of the strengths, weaknesses, and 
                uncertainties of cost-benefit analysis and risk 
                assessment and the research needed to reduce major 
                uncertainties; and
                    (B) assist Congress and the general public in 
                evaluating environmental protection regulations and 
                programs, and other Federal actions with impacts on 
                human health, the environment, or public welfare, to 
                determine the extent to which the regulations, 
                programs, and actions adequately and fairly protect 
                affected segments of society.
    (c) Report on Environmental Priorities, Costs, and Benefits.--
            (1) Ranking.--
                    (A) In general.--The Administrator shall identify 
                and, taking into account available data, to the extent 
                practicable, rank sources of pollution with respect to 
                the relative degree of risk of adverse effects on human 
                health, the environment, and public welfare.
                    (B) Method of ranking.--In carrying out the 
                rankings under subparagraph (A), the Administrator 
                shall--
                            (i) rank the sources of pollution 
                        considering the extent and duration of the 
                        risk; and
                            (ii) take into account broad societal 
                        values, including the role of natural resources 
                        in sustaining economic activity into the 
                        future.
            (2) Evaluation of regulatory and other costs.--In addition 
        to carrying out the rankings under paragraph (1), the 
        Administrator shall estimate the private and public costs 
        associated with each source of pollution and the costs and 
        benefits of complying with regulations designed to protect 
        against risks associated with the sources of pollution; and
            (3) Evaluation of other federal actions.--In addition to 
        carrying out the requirements of paragraphs (1) and (2), the 
        Administrator shall also estimate the private and public costs 
        and benefits associated with selected major Federal actions 
        chosen by the Administrator that have the most significant 
        impact on human health or the environment, including the direct 
        development projects, grant and loan programs to support 
        infrastructure construction and repair, and permits, licenses, 
        and leases to use natural resources or to release pollution to 
        the environment, and other similar actions.
            (4) Risk reduction opportunities.--In assessing risks, 
        costs, and benefits as provided in paragraphs (1) and (2), the 
        Administrator shall also identify reasonable opportunities to 
        achieve significant risk reduction through modifications in 
        environmental regulations and programs and other Federal 
        actions with impacts on human health, the environment, or 
        public welfare.
            (5) Uncertainties.--In evaluating the risks referred to in 
        paragraphs (1) and (2), the Administrator shall--
                    (A) identify the major uncertainties associated 
                with the risks;
                    (B) explain the meaning of the uncertainties in 
                terms of interpreting the ranking and evaluation; and
                    (C) determine--
                            (i) the type and nature of research that 
                        would likely reduce the uncertainties; and
                            (ii) the cost of conducting the research.
            (6) Consideration of benefits.--In carrying out this 
        section, the Administrator shall consider and, to the extent 
        practicable, estimate the monetary value, and such other values 
        as the Administrator determines to be appropriate, of the 
        benefits associated with reducing risk to human health and the 
        environment, including--
                    (A) avoiding premature mortality;
                    (B) avoiding cancer and noncancer diseases that 
                reduce the quality of life;
                    (C) preserving biological diversity and the 
                sustainability of ecological resources;
                    (D) maintaining an aesthetically pleasing 
                environment;
                    (E) valuing services performed by ecosystems (such 
                as flood mitigation, provision of food or material, or 
                regulating the chemistry of the air or water) that, if 
                lost or degraded, would have to be replaced by 
                technology;
                    (F) avoiding other risks identified by the 
                Administrator; and
                    (G) considering the benefits even if it is not 
                possible to estimate the monetary value of the benefits 
                in exact terms.
            (7) Reports.--
                    (A) Preliminary report.--Not later than 1 year 
                after the date of enactment of this Act, the 
                Administrator shall report to Congress on the sources 
                of pollution and other Federal actions that the 
                Administrator will address, and the approaches and 
                methodology the Administrator will use, in carrying out 
                the rankings and evaluations under this section. The 
                report shall also include an evaluation by the 
                Administrator of the need for the development of 
                methodologies to carry out the ranking.
                    (B) Periodic report.--
                            (i) In general.--On completion of the 
                        ranking and evaluations conducted by the 
                        Administrator under this section, but not later 
                        than 3 years after the date of enactment of 
                        this Act, and every 3 years thereafter, the 
                        Administrator shall report the findings of the 
                        rankings and evaluations to Congress and make 
                        the report available to the general public.
                            (ii) Evaluation of risks.--Each periodic 
                        report prepared pursuant to this subparagraph 
                        shall, to the extent practicable, evaluate risk 
                        management decisions under Federal 
                        environmental laws, including title XIV of the 
                        Public Health Service Act (commonly known as 
                        the ``Safe Drinking Water Act'') (42 U.S.C. 
                        300f et seq.), that present inherent and 
                        unavoidable choices between competing risks, 
                        including risks of controlling microbial versus 
                        disinfection contaminants in drinking water. 
                        Each periodic report shall address the policy 
                        of the Administrator concerning the most 
                        appropriate methods of weighing and analyzing 
                        the risks, and shall incorporate information 
                        concerning--
                                    (I) the severity and certainty of 
                                any adverse effect on human health, the 
                                environment, or public welfare;
                                    (II) whether the effect is 
                                immediate or delayed;
                                    (III) whether the burden associated 
                                with the adverse effect is borne 
                                disproportionately by a segment of the 
                                general population or spread evenly 
                                across the general population; and
                                    (IV) whether a threatened adverse 
                                effect can be eliminated or remedied by 
                                the use of an alternative technology or 
                                a protection mechanism.
    (d) Implementation.--In carrying out this section, the 
Administrator shall--
            (1) consult with the appropriate officials of other Federal 
        agencies and State and local governments, members of the 
        academic community, representatives of regulated businesses and 
        industry, representatives of citizen groups, and other 
        knowledgeable individuals to develop, evaluate, and interpret 
        scientific and economic information;
            (2) make available to the general public the information on 
        which rankings and evaluations under this section are based; 
        and
            (3) establish, not later than 24 months after the date of 
        enactment of this Act, methods for determining costs and 
        benefits of environmental regulations and other Federal 
        actions, including the valuation of natural resources and 
        intergenerational costs and benefits, by rule after notice and 
        opportunity for public comment.
    (e) Review by the Science Advisory Board.--Before the Administrator 
submits a report prepared under this section to Congress, the Science 
Advisory Board, established by section 8 of the Environmental Research, 
Development, and Demonstration Act of 1978 (42 U.S.C. 4365), shall 
conduct a technical review of the report in a public session.

SEC. 16. BOTTLED DRINKING WATER STANDARDS.

    Section 410 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 
349) is amended--
            (1) by striking ``Whenever'' and inserting ``(a) Except as 
        provided in subsection (b), whenever''; and
            (2) by adding at the end following new subsection:
    ``(b)(1) After the Administrator of the Environmental Protection 
Agency publishes a proposed maximum contaminant level, but not later 
than 180 days after the Administrator of the Environmental Protection 
Agency publishes a final maximum contaminant level, for a contaminant 
under section 1412 of the Public Health Service Act (42 U.S.C. 300g-1), 
the Secretary, after public notice and comment, shall issue a 
regulation that establishes a quality level for the contaminant in 
bottled water or make a finding that a regulation is not necessary to 
protect the public health because the contaminant is contained in water 
in the public water systems (as defined under section 1401(4) of such 
Act (42 U.S.C. 300f(4)) and not in water used for bottled drinking 
water.
    ``(2) The regulation shall include any monitoring requirements that 
the Secretary determines appropriate for bottled water.
    ``(3) The regulation--
            ``(A) shall require that the quality level for the 
        contaminant in bottled water be as stringent as the maximum 
        contaminant level for the contaminant published by the 
        Administrator of the Environmental Protection Agency; and
            ``(B) may require that the quality level be more stringent 
        than the maximum contaminant level if necessary to provide 
        ample public health protection under this Act.
    ``(4)(A) If the Secretary fails to establish a regulation within 
the 180-day period described in paragraph (1), the regulation with 
respect to the final maximum contaminant level published by the 
Administrator of the Environmental Protection Agency (as described in 
such paragraph) shall be considered, as of the date on which the 
Secretary is required to establish a regulation under paragraph (1), as 
the final regulation for the establishment of the quality level for a 
contaminant required under paragraph (1) for the purpose of 
establishing or amending a bottled water quality level standard with 
respect to the contaminant.
    ``(B) Not later than 30 days after the end of the 180-day period 
described in paragraph (1), the Secretary shall, with respect to a 
maximum contaminant level that is considered as a quality level under 
subparagraph (A), publish a notice in the Federal Register that sets 
forth the quality level and appropriate monitoring requirements 
required under paragraphs (1) and (2) and that provides that the 
quality level standard and requirements shall take effect on the date 
on which the final regulation of the maximum contaminant level takes 
effect.''.

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

    Section 1412 (42 U.S.C. 300g-1) is amended by adding at the end the 
following new subsection:
    ``(f) Research Plan for Harmful Substances in Drinking Water.--
            ``(1) Development of plan.--The Administrator shall--
                    ``(A) not later than September 30, 1994, develop a 
                research plan to support the development and 
                implementation of the most current version of the--
                            ``(i) enhanced surface water treatment rule 
                        (announced at 59 Fed. Reg. 6332 (February 10, 
                        1994));
                            ``(ii) disinfectant and disinfection 
                        byproducts rule (Stage 2) (announced at 59 Fed. 
                        Reg. 6332 (February 10, 1994)); and
                            ``(iii) ground water disinfection rule 
                        (availability of draft summary announced at 57 
                        Fed. Reg. 33960 (July 31, 1992)); and
                    ``(B) carry out the research plan.
            ``(2) Contents of plan.--
                    ``(A) In general.--The research plan shall include, 
                at a minimum--
                            ``(i) an identification and 
                        characterization of new disinfection byproducts 
                        associated with the use of different 
                        disinfectants;
                            ``(ii) toxicological and epidemiological 
                        studies to determine what levels of exposure 
                        from disinfectants and disinfection byproducts, 
                        if any, may be associated with developmental 
                        and birth defects and other potential toxic end 
                        points;
                            ``(iii) toxicological and epidemiological 
                        studies to quantify the carcinogenic potential 
                        from exposure to disinfection byproducts 
                        resulting from different disinfectants;
                            ``(iv) the development of practical 
                        analytical methods for enumerating microbial 
                        contaminants, including giardia, 
                        cryptosporidium, and viruses;
                            ``(v) the development of dose-response 
                        curves for pathogens, including cryptosporidium 
                        and the Norwalk virus;
                            ``(vi) the development of indicators that 
                        define treatment effectiveness for pathogens 
                        and disinfection byproducts; and
                            ``(vii) bench, pilot, and full-scale 
                        studies and demonstration projects to evaluate 
                        optimized conventional treatment, ozone, 
                        granular activated carbon, and membrane 
                        technology for controlling pathogens (including 
                        cryptosporidium) and disinfection byproducts.
                    ``(B) Risk definition strategy.--The research plan 
                shall include a strategy for determining the risks and 
                estimated extent of disease resulting from pathogens, 
                disinfectants, and disinfection byproducts in drinking 
                water, and how the risks can most effectively be 
                controlled, taking into consideration the costs of 
                various control methods and the sizes of various 
                systems.
            ``(3) Implementation of plan.--In carrying out the research 
        plan, the Administrator shall use the most cost-effective 
        mechanisms available, including coordination of research with, 
        and use of matching funds from institutions and utilities.
            ``(4) Authorization of appropriations.--There are 
        authorized to be appropriated to carry out this subsection 
        $12,500,000 for each of fiscal years 1995 through 1998.''.

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

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

SEC. 19. PRIVATE PROPERTY RIGHTS.

    (a) Short Title.--This section may be cited as the ``Private 
Property Rights Act of 1994''.
    (b) Findings.--The Congress finds that--
            (1) the protection of private property from a taking by the 
        Government without just compensation is an integral protection 
        for private citizens incorporated into the Constitution by the 
        Fifth Amendment and made applicable to the States by the 
        Fourteenth Amendment; and
            (2) Federal agencies should take into consideration the 
        impact of Governmental actions on the use and ownership of 
        private property.
    (c) Purpose.--The Congress, recognizing the important role that the 
use and ownership of private property plays in ensuring the economic 
and social well-being of the Nation, declares that the Federal 
Government should protect the health, safety, and welfare of the public 
and, in doing so, to the extent practicable, avoid takings of private 
property.
    (d) Definitions.--For purposes of this section--
            (1) the term ``agency'' means an Executive agency as 
        defined under section 105 of title 5, United States Code, and--
                    (A) includes the United States Postal Service; and
                    (B) does not include the General Accounting Office; 
                and
            (2) the term ``taking of private property'' means any 
        action whereby private property is taken in such a way as to 
        require compensation under the Fifth Amendment to the United 
        States Constitution.
    (e) Private Property Taking Impact Analysis.--
            (1) In general.--The Congress authorizes and directs that, 
        to the fullest extent possible--
                    (A) the policies, regulations, and public laws of 
                the United States shall be interpreted and administered 
                in accordance with the policies under this section; and
                    (B) all agencies of the Federal Government shall 
                complete a private property taking impact analysis 
                before issuing or promulgating any policy, regulation, 
                proposed legislation, or related agency action which is 
                likely to result in a taking of private property, 
                except that--
                            (i) this subparagraph shall not apply to--
                                    (I) an action in which the power of 
                                eminent domain is formally exercised;
                                    (II) an action taken--
                                            (aa) with respect to 
                                        property held in trust by the 
                                        United States; or
                                            (bb) in preparation for, or 
                                        in connection with, treaty 
                                        negotiations with foreign 
                                        nations;
                                    (III) a law enforcement action, 
                                including seizure, for a violation of 
                                law, of property for forfeiture or as 
                                evidence in a criminal proceeding;
                                    (IV) a study or similar effort or 
                                planning activity;
                                    (V) a communication between an 
                                agency and a State or local land-use 
                                planning agency concerning a planned or 
                                proposed State or local activity that 
                                regulates private property, regardless 
                                of whether the communication is 
                                initiated by an agency or is undertaken 
                                in response to an invitation by the 
                                State or local authority;
                                    (VI) the placement of a military 
                                facility or a military activity 
                                involving the use of solely Federal 
                                property; and
                                    (VII) any military or foreign 
                                affairs function (including a 
                                procurement function under a military 
                                or foreign affairs function), but not 
                                including the civil works program of 
                                the Army Corps of Engineers; and
                            (ii) in a case in which there is an 
                        immediate threat to health or safety that 
                        constitutes an emergency requiring immediate 
                        response or the issuance of a regulation 
                        pursuant to section 553(b)(B) of title 5, 
                        United States Code, the taking impact analysis 
                        may be completed after the emergency action is 
                        carried out or the regulation is published.
            (2) Content of analysis.--A private property taking impact 
        analysis shall be a written statement that includes--
                    (A) the specific purpose of the policy, regulation, 
                proposal, recommendation, or related agency action;
                    (B) an assessment of the likelihood that a taking 
                of private property will occur under such policy, 
                regulation, proposal, recommendation, or related agency 
                action;
                    (C) an evaluation of whether such policy, 
                regulation, proposal, recommendation, or related agency 
                action is likely to require compensation to private 
                property owners;
                    (D) alternatives to the policy, regulation, 
                proposal, recommendation, or related agency action that 
                would achieve the intended purposes of the agency 
                action and lessen the likelihood that a taking of 
                private property will occur; and
                    (E) an estimate of the potential liability of the 
                Federal Government if the Government is required to 
                compensate a private property owner.
            (3) Submission to omb.--Each agency shall provide an 
        analysis required by this section as part of any submission 
        otherwise required to be made to the Office of Management and 
        Budget in conjunction with the proposed regulation.
    (f) Guidance and Reporting Requirements.--
            (1) Guidance.--The Attorney General shall provide legal 
        guidance in a timely manner, in response to a request by an 
        agency, to assist the agency in complying with this section.
            (2) Reporting.--Not later than 1 year after the date of 
        enactment of this Act and at the end of each 1-year period 
        thereafter, each agency shall provide a report to the Director 
        of the Office of Management and Budget and the Attorney General 
        identifying each agency action that has resulted in the 
        preparation of a taking impact analysis, the filing of a taking 
        claim, or an award of compensation pursuant to the Just 
        Compensation Clause of the Fifth Amendment to the Constitution. 
        The Director of the Office of Management and Budget and the 
        Attorney General shall publish in the Federal Register, on an 
        annual basis, a compilation of the reports of all agencies made 
        pursuant to this paragraph.
    (g) Rules of Construction.--Nothing in this section shall be 
construed to--
            (1) limit any right or remedy, or bar any claim of any 
        person relating to such person's property under any other law, 
        including claims made under section 1346 or 1402 of title 28, 
        United States Code, or chapter 91 of title 28, United States 
        Code; or
            (2) constitute a conclusive determination of the value of 
        any property for purposes of an appraisal for the acquisition 
        of property, or for the determination of damages.
    (h) Statute of Limitations.--No action may be filed in a court of 
the United States to enforce the provisions of this section on or after 
the date occurring 6 years after the date of the submission of the 
certification of the applicable private property taking impact analysis 
with the Attorney General.

SEC. 20. OTHER AMENDMENTS.

    (a) Definition of Public Water System.--
            (1) The first sentence of section 1401(4) (42 U.S.C. 
        300f(4)) is amended by striking ``piped water for human 
        consumption'' and inserting ``water for human consumption 
        through pipes or other constructed conveyances''.
            (2) Such section is further amended by adding at the end 
        thereof the following: ``A connection for residential use 
        (drinking, bathing, cooking or other similar uses) or to a 
        facility for similar uses to a water system that conveys water 
        by means other than a pipe principally for purposes other than 
        residential use (other purposes, including irrigation, stock 
        watering, industrial use, or municipal source water prior to 
        treatment) shall not be considered a connection for determining 
        whether the system is a public water system under this title, 
        if--
                    ``(A) the Administrator or the State in which the 
                residential use or facility is located has identified 
                any treatment or conditioning necessary to protect 
                human health if the water is used for human consumption 
                and the residential user or owner of the facility is 
                employing such treatment or conditioning at the point 
                of entry; or
                    ``(B) the system certifies to the Administrator or 
                the State that an alternative source of water for 
                drinking and cooking is being provided to the 
                residential users or using the facility.
        An irrigation district in existence prior to May 18, 1994 that 
        provides primarily agricultural service through a piped system 
        with only incidental residential use shall not be considered a 
        public water system, if the system and its residential users 
        comply with subparagraphs (A) and (B).''.
            (3) The provisions of this subsection shall take effect 1 
        year after the date of enactment.
    (b) State Primary Enforcement Responsibility.--Section 1413(a) (42 
U.S.C. 300g-2(a)) is amended by striking paragraph (1) and inserting 
the following new paragraph:
            ``(1) has adopted drinking water regulations that are no 
        less stringent than the national primary drinking water 
        regulations promulgated by the Administrator under section 1412 
        not later than 2 years after the date on which the regulations 
        are promulgated by the Administrator;''.
    (c) Judicial Review.--Section 1448(a) (42 U.S.C. 300j-7(a)) is 
amended--
            (1) in paragraph (2) of the first sentence, by inserting 
        ``final'' after ``any other''; and
            (2) in the second sentence, by striking ``or issuance of 
        the order'' and inserting ``or any other final Agency action''.
    (d) Annual Report.--Section 1450 (42 U.S.C. 300j-9) is amended by 
striking subsection (h).
    (e) Report to Congress on Private Drinking Water.--Section 1450 (42 
U.S.C. 300j-9) (as amended by subsection (d)) is further amended by 
inserting after subsection (g) the following new subsection:
    ``(h) Report to Congress on Private Drinking Water.--The 
Administrator shall conduct a study to determine the extent and 
seriousness of contamination of private sources of drinking water that 
are not regulated under this title. Not later than 3 years after the 
date of enactment of the Safe Drinking Water Act Amendments of 1994, 
the Administrator shall submit to Congress a report that includes the 
findings of the study and recommendations by the Administrator 
concerning responses to any problems identified under the study. In 
designing and conducting the study, including consideration of research 
design, methodology, and conclusions and recommendations, the 
Administrator shall consult with experts outside the Agency, including 
scientists, hydrogeologists, well contractors and suppliers, and other 
individuals knowledgeable in ground water protection and 
remediation.''.
    (f) Capital Improvements for the Washington Aqueduct.--
            (1) In general.--Subject to paragraphs (2), (3), and (4), 
        and notwithstanding any other provision of law, at the request 
        of the public water supply customers of the Washington 
        Aqueduct--
                    (A) the Secretary of the Army, acting through the 
                Chief of Engineers of the Army Corps of Engineers, 
                shall borrow from the Federal Financing Bank such funds 
                as the Secretary of the Army determines are required to 
                finance capital improvements for the Washington 
                Aqueduct; and
                    (B) the Board of Directors of the Federal Financing 
                Bank shall loan the funds to the Secretary of the Army 
                on such terms as may be established by the Secretary of 
                the Army and the Board of Directors.
            (2) Interest.--The rate of interest to be charged in 
        connection with a loan made under paragraph (1) shall be not 
        less than a rate determined by the Secretary of the Treasury, 
        taking into consideration current market yields on outstanding 
        marketable obligations of the United States of comparable 
        maturities.
            (3) Contract.--The Secretary of the Army shall borrow funds 
        under paragraph (1) after the public water supply customers 
        enter into a written contract with the Secretary of the Army to 
        repay the funds and to pay the costs associated with borrowing 
        the funds.
            (4) Net present value of loan.--The Secretary of the Army 
        may borrow funds under paragraph (1) if amounts sufficient to 
        pay for the cost, as defined in section 502(5) of the 
        Congressional Budget Act of 1974 (2 U.S.C. 661a(5)), of the 
        loan involved are provided in advance in appropriation Acts.
            (5) Definition.--As used in this subsection, the term 
        ``public water supply customers'' means the District of 
        Columbia, the county of Arlington, Virginia, and the city of 
        Falls Church, Virginia.
    (g) Certification of Residential Water Treatment Devices.--Part F 
(42 U.S.C. 300j-21 et seq.) is amended by adding at the end the 
following new section:

                 ``residential water treatment devices

    ``Sec. 1466. (a) Certification.--For the purpose of certifying 
residential water treatment devices for material safety and 
effectiveness in reducing the concentration of drinking water 
contaminants of health concern, the Administrator shall--
            ``(1) not later than 1 year after the date of enactment of 
        this section, develop, by rule, criteria to identify qualified 
        independent certifiers; and
            ``(2) identify certifiers meeting the criteria developed 
        pursuant to paragraph (1).
The Administrator shall provide technical assistance and information to 
independent certifiers for the purposes of this section. Any person may 
submit to the Administrator an application to be identified as a 
qualified independent certifier. The Administrator shall promptly 
approve the application if the person meets the criteria developed by 
the Administrator.
    ``(b) List of Certified Devices.--Not later than 2 years after the 
date of enactment of this section and annually thereafter, the 
Administrator shall publish a list of residential water treatment 
devices that are certified by qualified independent certifiers. A list 
published under this subsection shall identify, for each listed device, 
consumer information on the effectiveness of the device for removing 
drinking water contaminants of health concern, the period of 
effectiveness, and recommended operational procedures.
    ``(c) Product Claims.--No person shall claim or imply product 
certification under this section for a water treatment device unless 
the device has been certified by a qualified independent certifier and 
the claim is consistent with the certification.
    ``(d) Prohibition.--It shall be a violation of this title to 
distribute, sell, or promote the sale of any residential water 
treatment device on the basis of false or misleading claims concerning 
the effectiveness of the device in removing drinking water 
contaminants, the protection of health, or the safety of product 
materials.''.
    (h) Drinking Water Advisory Council.--The second sentence of 
section 1446(a) (42 U.S.C. 300j-6(a)) is amended by inserting before 
the period at the end the following: ``, of which two such members 
shall be associated with small, rural public water systems''.
    (i) Hardship Community Demonstration Program.--Section 1444 (42 
U.S.C. 300j-3) is amended by adding at the end the following new 
subsection:
    ``(e) Hardship Community Demonstration Program.--
            ``(1) In general.--The State agency administering a loan 
        fund pursuant to part G in the State of Virginia (referred to 
        in this subsection as the `State agency') may conduct a program 
        in accordance with this subsection to demonstrate alternative 
        approaches to intergovernmental coordination in the financing 
        of drinking water projects in rural communities in southwestern 
        Virginia that are experiencing severe economic hardship.
            ``(2) Regional assistance fund.--
                    ``(A) Establishment.--The State agency may 
                establish a regional endowment fund (referred to in 
                this subsection as the `regional fund') to assist in 
                financing projects that are eligible under this 
                subsection.
                    ``(B) Use of regional fund.--The State agency shall 
                invest amounts in the regional fund and shall use 
                interest earned on amounts in the regional fund to pay 
                a portion of the non-Federal share of a Federal grant 
                to assist a project that is eligible under this 
                subsection. Interest earned on amounts in the regional 
                fund shall not be considered to be Federal funds.
                    ``(C) Deposits to regional fund.--
                            ``(i) In general.--Notwithstanding any 
                        other provision of this title, the State agency 
                        may deposit into the regional fund $2,000,000 
                        from funds made available pursuant to section 
                        1472 for each of fiscal years 1994 through 
                        1997, if there are commitments to deposit into 
                        the regional fund a total of not less than 25 
                        percent of that amount from non-Federal 
                        sources.
                            ``(ii) Lesser amount.--Notwithstanding 
                        clause (i), the State agency may deposit into 
                        the regional fund an amount less than 
                        $2,000,000 from funds made available pursuant 
                        to section 1472, if the amount deposited is 
                        equal to 3 times the amount committed to be 
                        deposited into the regional fund from non-
                        Federal sources.
            ``(3) Eligible projects.--
                    ``(A) In general.--Assistance provided under this 
                subsection shall meet the requirements of subsections 
                (a), (b), and (c) of section 1473.
                    ``(B) Eligible recipients.--Assistance under this 
                subsection shall be available only--
                            ``(i) for a project that serves a 
                        disadvantaged community (as defined in section 
                        1473(e)(1)); and
                            ``(ii) to a public water system located, in 
                        whole or in part, in Lee County, Wise County, 
                        Scott County, Dickenson County, Russell County, 
                        Buchanan County, Tazewell County, and the city 
                        of Norton, Virginia.
            ``(4) Advisory group.--The State agency shall establish an 
        advisory group, including representatives of jurisdictions 
        identified in paragraph (3)(B)(ii) and other appropriate 
        parties, to assist the State agency in setting priorities for 
        the use of funds under this subsection. The advisory group 
        shall include a representative of Mountain Empire Community 
        College, Wise County, Virginia.''.
    (j) Short Title.--
            (1) In general.--The title (42 U.S.C. 1401 et seq.) is 
        amended by inserting after the title heading the following new 
        section:

                             ``short title

    ``Sec. 1400. This title may be cited as the `Safe Drinking Water 
Act'.''.
            (2) Conforming amendment.--Section 1 of Public Law 93-523 
        (88 Stat. 1660) is amended by inserting ``of 1974'' after 
        ``Water Act''.
    (k) Technical Amendments to Section Headings.--
            (1) The section heading and subsection designation of 
        subsection (a) of section 1417 (42 U.S.C. 300g-6) are amended 
        to read as follows:

 ``prohibition on use of lead pipes, solder, and flux, and on certain 
                              return flows

    ``Sec. 1417. (a)''.
            (2) The section heading and subsection designation of 
        subsection (a) of section 1426 (42 U.S.C. 300h-5) are amended 
        to read as follows:

                     ``regulation of state programs

    ``Sec. 1426. (a)''.
            (3) The section heading and subsection designation of 
        subsection (a) of section 1427 (42 U.S.C. 300h-6) are amended 
        to read as follows:

              ``sole source aquifer demonstration program

    ``Sec. 1427. (a)''.
            (4) The section heading and subsection designation of 
        subsection (a) of section 1428 (42 U.S.C. 300h-7) are amended 
        to read as follows:

        ``state programs to establish wellhead protection areas

    ``Sec. 1428. (a)''.
            (5) The section heading and subsection designation of 
        subsection (a) of section 1432 (42 U.S.C. 300i-1) are amended 
        to read as follows:

                 ``tampering with public water systems

    ``Sec. 1432. (a)''.
            (6) The section heading and subsection designation of 
        subsection (a) of section 1451 (42 U.S.C. 300j-11) are amended 
        to read as follows:

                            ``indian tribes

    ``Sec. 1451. (a)''.
            (7) The section heading and first word of section 1461 (42 
        U.S.C. 300j-21) are amended to read as follows:

                             ``definitions

    ``Sec. 1461. As''.
            (8) The section heading and first word of section 1462 (42 
        U.S.C. 300j-22) are amended to read as follows:

        ``recall of drinking water coolers with lead-lined tanks

    ``Sec. 1462. For''.
            (9) The section heading and subsection designation of 
        subsection (a) of section 1463 (42 U.S.C. 300j-23) are amended 
        to read as follows:

                ``drinking water coolers containing lead

    ``Sec. 1463. (a)''.
            (10) The section heading and subsection designation of 
        subsection (a) of section 1464 (42 U.S.C. 300j-24) are amended 
        to read as follows:

             ``lead contamination in school drinking water

    ``Sec. 1464. (a)''.
            (11) The section heading and subsection designation of 
        subsection (a) of section 1465 (42 U.S.C. 300j-25) are amended 
        to read as follows:

``federal assistance for state programs regarding lead contamination in 
                         school drinking water

    ``Sec. 1465. (a)''.
    (l) Estrogenic Substances Screening Program.--Section 1442 (42 
U.S.C. 300j-1) (as amended by section 11(a)(10)) is further amended by 
adding at the end the following new subsection:
    ``(j) Screening Program.--
            ``(1) Development.--Not later than 1 year after the date of 
        enactment of this subsection, the Administrator shall develop a 
        screening program, using appropriate validated test systems, to 
        determine whether certain substances may have an effect in 
        humans that is similar to an effect produced by a naturally 
        occurring estrogen, or such other endocrine effect as the 
        Administrator may designate.
            ``(2) Implementation.--Not later than 2 years after the 
        date of enactment of this subsection, after obtaining review of 
        the screening program described in paragraph (1) by the 
        scientific advisory panel established under section 25(d) of 
        the Act of June 25, 1947 (chapter 125), and the Science 
        Advisory Board established by section 8 of the Environmental 
        Research, Development, and Demonstration Act of 1978 (42 U.S.C. 
        4365), the Administrator shall implement the program.
            ``(3) Substances.--In carrying out the screening program 
        described in paragraph (1), the Administrator shall provide for 
        the testing of all active and inert ingredients used in 
        products described in section 103(e) of the Comprehensive 
        Environmental Response, Compensation, and Liability Act of 1980 
        (42 U.S.C. 9603(e)), and may provide for the testing of any 
        other substance if the Administrator determines that a 
        widespread population may be exposed to the substance.
            ``(4) Exemption.--Notwithstanding paragraph (3), the 
        Administrator may, by regulation, exempt from the requirements 
        of this subsection a biologic substance or other substance if 
        the Administrator determines that the substance does not have 
        any effect in humans similar to an effect produced by a 
        naturally occurring estrogen.
            ``(5) Collection of information.--
                    ``(A) In general.--The Administrator shall issue an 
                order to a person that manufactures a substance for 
                which testing is required under this subsection to 
                conduct testing in accordance with the screening 
                program described in paragraph (1), and submit 
                information obtained from the testing to the 
                Administrator, within a time period that the 
                Administrator determines is sufficient for the 
                generation of the information.
                    ``(B) Failure to submit information.--
                            ``(i) Suspension.--If a person referred to 
                        in subparagraph (A) fails to submit the 
                        information required under such subparagraph 
                        within the time period established by the 
                        order, the Administrator shall issue a notice 
                        of intent to suspend the sale or distribution 
                        of the substance by the person. Any suspension 
                        proposed under this subparagraph shall become 
                        final at the end of the 30-day period beginning 
                        on the date that the person receives the notice 
                        of intent to suspend, unless during that period 
                        a person adversely affected by the notice 
                        requests a hearing or the Administrator 
                        determines that the person referred to in 
                        subparagraph (A) has complied fully with this 
                        paragraph.
                            ``(ii) Hearing.--If a person requests a 
                        hearing under clause (i), the hearing shall be 
                        conducted in accordance with section 554 of 
                        title 5, United States Code. The only matter 
                        for resolution at the hearing shall be whether 
                        the person has failed to submit information 
                        required under this paragraph. A decision by 
                        the Administrator after completion of a hearing 
                        shall be considered to be a final agency 
                        action.
                            ``(iii) Termination of suspensions.--The 
                        Administrator shall terminate a suspension 
                        under this subparagraph issued with respect to 
                        a person if the Administrator determines that 
                        the person has complied fully with this 
                        paragraph.
            ``(6) Agency action.--In the case of any substance that is 
        found to have a potential adverse effect on humans as a result 
        of testing and evaluation under this subsection, the 
        Administrator shall take such action, including appropriate 
        regulatory action by rule or by order under statutory authority 
        available to the Administrator, as is necessary to ensure the 
        protection of public health.
            ``(7) Report to congress.--Not later than 4 years after the 
        date of enactment of this subsection, the Administrator shall 
        prepare and submit to Congress a report containing--
                    ``(A) the findings of the Administrator resulting 
                from the screening program described in paragraph (1);
                    ``(B) recommendations for further testing and 
                research needed to evaluate the impact on human health 
                of the substances tested under the screening program; 
                and
                    ``(C) recommendations for any further actions 
                (including any action described in paragraph (6)) that 
                the Administrator determines are appropriate based on 
                the findings.''.
    (m) Prevention and Control of Zebra Mussel Infestation of Lake 
Champlain.--
            (1) Findings.--Section 1002(a) of the Nonindigenous Aquatic 
        Nuisance Prevention and Control Act of 1990 (16 U.S.C. 4701(a)) 
        is amended--
                    (A) by striking ``and'' at the end of paragraph 
                (3);
                    (B) by striking the period at the end of paragraph 
                (4) and inserting ``; and''; and
                    (C) by adding at the end the following new 
                paragraph:
            ``(5) the zebra mussel was discovered on Lake Champlain 
        during 1993 and the opportunity exists to act quickly to 
        establish zebra mussel controls before Lake Champlain is 
        further infested and management costs escalate.''.
            (2) Ex officio members of aquatic nuisance species task 
        force.--Section 1201(c) of such Act (16 U.S.C. 4721(c)) is 
        amended by inserting ``, the Lake Champlain Basin Program,'' 
        after ``Great Lakes Commission''.
            (3) Aquatic nuisance species program.--Subsections (b)(6) 
        and (i)(1) of section 1202 of such Act (16 U.S.C. 4722) is 
        amended by inserting ``, Lake Champlain,'' after ``Great 
        Lakes'' each place it appears.
            (4) Authorization of appropriations.--Section 1301(b) of 
        such Act (16 U.S.C. 4741(b)) is amended--
                    (A) in paragraph (3), by inserting ``, and the Lake 
                Champlain Research Consortium,'' after ``Laboratory''; 
                and
                    (B) in paragraph (4)(A)--
                            (i) by inserting after ``(33 U.S.C. 1121 et 
                        seq.)'' the following: ``and grants to colleges 
                        for the benefit of agriculture and the mechanic 
                        arts referred to in the first section of the 
                        Act of August 30, 1890 (26 Stat. 417, chapter 
                        841; 7 U.S.C. 322)''; and
                            (ii) by inserting ``and the Lake Champlain 
                        basin'' after ``Great Lakes region''.

            TITLE I--DEPARTMENT OF ENVIRONMENTAL PROTECTION

SEC. 100. SHORT TITLE.

    This title may be cited as the ``Department of Environmental 
Protection Act of 1994''.

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

SEC. 101. SHORT TITLE.

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

SEC. 102. FINDINGS.

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

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

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

SEC. 104. ASSISTANT SECRETARIES.

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

SEC. 105. DEPUTY ASSISTANT SECRETARIES.

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

SEC. 106. OFFICE OF THE GENERAL COUNSEL.

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

SEC. 107. OFFICE OF THE INSPECTOR GENERAL.

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

SEC. 108. SMALL BUSINESS COMPLIANCE ASSISTANCE.

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

SEC. 109. SMALL GOVERNMENTAL JURISDICTION COMPLIANCE ASSISTANCE.

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

SEC. 110. BUREAU OF ENVIRONMENTAL STATISTICS.

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

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

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

SEC. 112. STUDY OF DATA NEEDS.

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

SEC. 113. MISCELLANEOUS EMPLOYMENT RESTRICTIONS.

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

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

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

                               ``TITLE II

                   ``environmental quality report''.

    (c) References in Federal Law.--Reference in any other Federal law, 
Executive order, rule, regulation, or delegation of authority, or any 
document of or relating to the Council on Environmental Quality--
            (1) with regard to functions transferred under subsection 
        (a)(1), shall be deemed to refer to the Secretary; and
            (2) with regard to disagreements and matters described 
        under subsection (a)(2), shall be deemed to refer to the 
        President.
    (d) Availability of Funds.--Unobligated funds available to the 
Council on Environmental Quality shall remain available to the 
Department until expended for the gradual and orderly termination of 
the Council and transfer of Council functions as provided in this 
title.
    (e) Savings Provisions.--(1) All orders, determinations, rules, 
regulations, permits, agreements, grants, contracts, certificates, 
licenses, registrations, privileges, and other administrative actions--
            (A) which have been issued, made, granted, or allowed to 
        become effective by the President, by the Council on 
        Environmental Quality, or by a court of competent jurisdiction, 
        in the performance of functions of the Council on Environmental 
        Quality, and
            (B) which are in effect at the time this title takes 
        effect, or were final before the effective date of this Act and 
        are to become effective on or after the effective date of this 
        Act,
shall continue in effect according to their terms until modified, 
terminated, superseded, set aside, or revoked in accordance with law by 
the President, the Secretary of Environmental Protection, or other 
authorized official, a court of competent jurisdiction, or by operation 
of law.
    (2) The provisions of this title shall not affect any proceedings 
or any application for any license, permit, certificate, or financial 
assistance pending before the Council on Environmental Quality at the 
time this title takes effect, but such proceedings and applications 
shall be continued. Orders shall be issued in such proceedings, appeals 
shall be taken therefrom, and payments shall be made pursuant to such 
orders, as if this title had not been enacted, and orders issued in any 
such proceedings shall continue in effect until modified, terminated, 
superseded, or revoked by a duly authorized official, by a court of 
competent jurisdiction, or by operation of law. Nothing in this 
paragraph shall be deemed to prohibit the discontinuance or 
modification of any such proceeding under the same terms and conditions 
and to the same extent that such proceeding could have been 
discontinued or modified if this title had not been enacted.
    (3) The provisions of this section shall not affect suits commenced 
before the date this Act takes effect, and in all such suits, 
proceedings shall be had, appeals taken, and judgments rendered in the 
same manner and with the same effect as if this title had not been 
enacted.
    (4) No suit, action, or other proceeding commenced by or against 
the Council on Environmental Quality, or by or against any individual 
in the official capacity of such individual as an officer of the 
Council on Environmental Quality, shall abate by reason of the 
enactment of this Act.
    (5) Any administrative action relating to the preparation or 
promulgation of a regulation by the Council on Environmental Quality 
may be continued by the Department or the President with the same 
effect as if this title had not been enacted.
    (6) The contracts, liabilities, records, property, and other assets 
and interests of the Council on Environmental Quality shall, after the 
effective date of this Act, be considered to be the contracts, 
liabilities, records, property, and other assets and interests of the 
Department.

SEC. 115. ADMINISTRATIVE PROVISIONS.

    (a) Acceptance of Money and Property.--(1) The Secretary may accept 
and retain money, uncompensated services, and other real and personal 
property or rights (whether by gift, bequest, devise, or otherwise) for 
the purpose of carrying out the Department's programs and activities, 
except that the Secretary shall not endorse any company, product, 
organization, or service. Gifts, bequests, and devises of money and 
proceeds from sales of other property received as gifts, bequests, or 
devises shall be credited in a separate fund in the Treasury of the 
United States and shall be available for disbursement upon the order of 
the Secretary.
    (2) The Secretary shall prescribe regulations and guidelines 
setting forth the criteria the Department shall use in determining 
whether to accept a gift, bequest, or devise. Such criteria shall take 
into consideration whether the acceptance of the property would reflect 
unfavorably upon the Department's or any employee's ability to carry 
out its responsibilities or official duties in a fair and objective 
manner, or would compromise the integrity of or the appearance of the 
integrity of a Government program or any official involved in that 
program.
    (b) Seal of the Department.--(1) On the effective date of this Act, 
the seal of the Environmental Protection Agency with appropriate 
changes shall be the seal of the Department of Environmental 
Protection, until such time as the Secretary may cause a seal of office 
to be made for the Department of Environmental Protection of such 
design as the Secretary shall approve.
    (2)(A) Chapter 33 of title 18, United States Code, is amended by 
adding at the end thereof the following new section:
``Sec. 716. Department of Environmental Protection Seal
    ``(a) Whoever knowingly displays any printed or other likeness of 
the official seal of the Department of Environmental Protection, or any 
facsimile thereof, in, or in connection with, any advertisement, 
poster, circular, book, pamphlet, or other publication, public meeting, 
play, motion picture, telecast, or other production, or on any 
building, monument, or stationery, for the purpose of conveying, or in 
a manner reasonably calculated to convey, a false impression of 
sponsorship or approval by the Government of the United States or by 
any department, agency, or instrumentality thereof, shall be fined not 
more than $250 or imprisoned not more than 6 months, or both.
    ``(b) Whoever, except as authorized under regulations promulgated 
by the Secretary of Environmental Protection and published in the 
Federal Register, knowingly manufactures, reproduces, sells, or 
purchases for resale, either separately or appended to any article 
manufactured or sold, any likeness of the official seal of the 
Department of Environmental Protection, or any substantial part 
thereof, except for manufacture or sale of the article for the official 
use of the Government of the United States, shall be fined not more 
than $250 or imprisoned not more than 6 months, or both.
    ``(c) A violation of subsection (a) or (b) may be enjoined at the 
suit of the Attorney General of the United States upon complaint by any 
authorized representative of the Secretary of the Department of 
Environmental Protection.''.
    (B) The table of sections for chapter 33 of title 18, United States 
Code, is amended by adding at the end thereof:

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

SEC. 116. INHERENTLY GOVERNMENTAL FUNCTIONS.

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

SEC. 117. REFERENCES.

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

SEC. 118. SAVINGS PROVISIONS.

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

SEC. 119. CONFORMING AMENDMENTS.

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

SEC. 120. ADDITIONAL CONFORMING AMENDMENTS.

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

SEC. 121. SENSE OF THE SENATE.

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

SEC. 122. OFFICE OF ENVIRONMENTAL JUSTICE.

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

SEC. 123. WETLAND DETERMINATIONS BY A SINGLE AGENCY.

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

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

SEC. 201. ESTABLISHMENT; MEMBERSHIP.

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

SEC. 202. COMMISSION RESPONSIBILITIES.

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

SEC. 203. REPORT TO THE PRESIDENT AND CONGRESS.

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

SEC. 204. COMMISSION STAFF.

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

SEC. 205. ADVISORY GROUPS.

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

SEC. 206. TERMINATION OF COMMISSION.

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

SEC. 207. FUNDING; AUTHORIZATION OF APPROPRIATIONS.

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

                       Subtitle C--Effective Date

SEC. 301. EFFECTIVE DATE.

    This title and the amendments made by this title shall take effect 
on such date during the 6-month period beginning on the date of 
enactment, as the President may direct in an Executive order. If the 
President fails to issue an Executive order for the purpose of this 
section, this title and such amendments shall take effect 6 months 
after the date of the enactment of this Act.

            Passed the Senate May 19 (legislative day, May 16), 1994.

            Attest:

                                                             Secretary.

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