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[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 2019 Placed on Calendar Senate (PCS)]

                                                       Calendar No. 412

103d CONGRESS

  2d Session

                                S. 2019

                          [Report No. 103-250]

_______________________________________________________________________

                                 A BILL

  To reauthorize and amend title XIV of the Public Health Service Act 
  (commonly known as the ``Safe Drinking Water Act''), and for other 
                               purposes.

_______________________________________________________________________

               April 14 (legislative day, April 11), 1994

                 Read twice and placed on the calendar

                                                       Calendar No. 412
103d CONGRESS
  2d Session
                                S. 2019

                          [Report No. 103-250]

  To reauthorize and amend title XIV of the Public Health Service Act 
  (commonly known as the ``Safe Drinking Water Act''), and for other 
                               purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

               April 14 (legislative day, April 11), 1994

    Mr. Baucus, from the Committee on Environment and Public Works, 
 reported the following original bill; which was read twice and placed 
                            on the calendar

_______________________________________________________________________

                                 A BILL

 
  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 and prohibition on certain 
                            return flows.
Sec. 8. Radon in drinking water.
Sec. 9. Source water protection programs.
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. Other amendments.
    (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;
            ``(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 and carry out oversight and related activities 
        (other than financial administration) with respect to 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.) 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 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 up to 50 percent of a 
                        capitalization grant 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.).

                        ``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 
                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.
            ``(3) Needs assessment.--The Administrator, in consultation 
        with the Commissioner of Indian Affairs, 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 protection plan, 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 
        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) shall be immediately 
        reallotted by the Administrator on the basis of the same ratio 
        as is applicable to sums allotted under subsection (b). 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.
    ``(f) Direct Grants.--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).
    ``(g) Viability.--Beginning in fiscal year 1998, the Administrator 
shall withhold 50 percent 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.

                         ``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) 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) Consolidation.--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 such additional 
        subsidization (including forgiveness of principal) for projects 
        for the community as necessary to ensure conformity with 
        affordability criteria established by the State.
            ``(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 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 1 year after the date of 
enactment of this part, and annually 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 4 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 and assessment conducted 
pursuant to this subsection shall--
            ``(1) identify, by State, the needs for projects or 
        facilities 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. 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) 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, 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, unless the 
                Administrator determines that--
                            ``(i) adequate data are not available to 
                        develop the regulation; or
                            ``(ii) the contaminant does not meet the 
                        criteria for regulation established in 
                        subparagraph (A).
                A determination that adequate data are not available, 
                or that the contaminant does not meet the criteria for 
                regulation, 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)(i), 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) Standards for carcinogens.--
                            ``(i) Notwithstanding the provisions of 
                        subparagraph (A), for any contaminant that is 
                        regulated on the basis of the carcinogenic 
                        effects of the contaminant, the Administrator 
                        shall not establish a maximum contaminant level 
                        that is more stringent than the level that is 
                        necessary to ensure that lifetime cancer risks 
                        resulting from concentrations of the 
                        contaminant in drinking water will not exceed 1 
                        in 1,000,000 considering sensitive 
                        subpopulations that can be identified and 
                        characterized.
                            ``(ii) Notwithstanding the provisions of 
                        subparagraph (A), the Administrator may 
                        establish a maximum contaminant level for a 
                        contaminant that is regulated on the basis of 
                        the carcinogenic effects of the contaminant at 
                        a level that is less stringent than is feasible 
                        (as defined in paragraph (5)), if the 
                        Administrator determines that the less 
                        stringent level will--
                                    ``(I) 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
                                    ``(II) ensure that lifetime cancer 
                                risks resulting from concentrations of 
                                the contaminant in drinking water are 
                                essentially equivalent to the risks 
                                that would occur at the level that is 
                                feasible.
                    ``(C) 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 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.
                            ``(iii) This subparagraph shall not apply 
                        in the case of a national primary drinking 
                        water regulation promulgated pursuant to 
                        paragraph (2).''.
    (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 is identified in an intended 
                                use plan developed by the State 
                                pursuant to section 1474 and the 
                                assistance 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 2 years after the date 
                        of enactment of this subparagraph, review the 
                        monitoring requirements for not less than 12 
                        contaminants identified by the Administrator; 
                        and
                            ``(ii) not later than 1 year after the 
                        review, propose any necessary modifications.
                    ``(D) Modification by a state.--
                            ``(i) In general.--Each State with primary 
                        enforcement responsibilities may submit to the 
                        Administrator alternative monitoring 
                        requirements that shall be implemented in the 
                        State in lieu of monitoring requirements for a 
                        particular national primary drinking water 
                        regulation, if the alternative requirements are 
                        approved.
                            ``(ii) Basis for reduced monitoring.--
                        Notwithstanding any requirement of a national 
                        primary drinking water regulation established 
                        under section 1412(b), subject to clause (iii), 
                        the Administrator shall approve the 
                        modification of monitoring requirements under 
                        this subparagraph, for the purposes of section 
                        1413(a)(2), if--
                                    ``(I) reduced monitoring 
                                frequencies are based on an assessment 
                                of the vulnerability of the source 
                                water of a public water system, 
                                including hydrogeologic conditions;
                                    ``(II) reduced monitoring 
                                frequencies are based on an assessment 
                                of contaminant use, manufacture, 
                                storage, occurrence, and transport; or
                                    ``(III) reduced monitoring 
                                frequencies for a contaminant that was 
                                regulated based on the carcinogenic 
                                effects of the contaminant in 
                                regulations published at 56 Fed. Reg. 
                                3526 on January 30, 1991, and 57 Fed. 
                                Reg. 31776 on July 17, 1992, is based 
                                on consideration of the lifetime cancer 
                                risks of the contaminant.
                            ``(iii) Alternative monitoring 
                        requirements.--The Administrator shall not 
                        approve a modification referred to in clause 
                        (ii) unless--
                                    ``(I) monitoring frequencies for 
                                public water systems in which a 
                                contaminant has been detected during 
                                the 5-year period ending on the date of 
                                the monitoring are no less frequent 
                                than the requirements established in a 
                                national primary drinking water 
                                regulation; and
                                    ``(II) the alternative monitoring 
                                requirements provide adequate 
                                monitoring and reporting information 
                                for the purposes of enforcement and 
                                program oversight.
                            ``(iv) Review or disapproval.--The 
                        Administrator may at any time review State 
                        alternative monitoring requirements under this 
                        subparagraph. The Administrator shall 
                        disapprove alternative monitoring requirements 
                        that fail to meet the requirements of this 
                        subparagraph.''.
            (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, in the judgment of the Administrator 
                or, if the State has primary enforcement responsibility 
                under section 1413, the State, cannot afford to comply 
                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 3 years after the 
                date on which the application is denied, 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.
            ``(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.--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.
                    ``(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 3,300 or 
                less. 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.--
            (1) State programs.--Section 1413(a) (42 U.S.C. 300g-2(a)) 
        is amended--
                    (A) by striking ``and'' at the end of paragraph 
                (4);
                    (B) by striking the period at the end of paragraph 
                (5) and inserting a semicolon; and
                    (C) by adding at the end the following new 
                paragraph:
            ``(6) has adopted and is implementing a drinking water 
        system viability program that meets the requirements of section 
        1418;''.
            (2) System viability.--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 exercising primary 
enforcement responsibility pursuant to section 1413 shall adopt and 
implement a State Drinking Water System Viability Program (referred to 
in this section as the `State Viability Program') that ensures the 
capability of public water systems in the State to comply with the 
requirements of this title.
    ``(b) Minimum Program Elements.--Not later than 1 year after the 
date of enactment of this section, the Administrator shall issue 
guidance and criteria for State Viability Programs to include, at a 
minimum--
            ``(1) legal authority to ensure that all new public water 
        systems commencing operation after January 1, 1997, have the 
        technical and financial capability to fully comply with 
        existing and anticipated national primary drinking water 
        regulations and other requirements of this title;
            ``(2) legal authority to order restructuring (including 
        physical consolidation with other systems) of systems that are 
        in violation of national primary drinking water regulations or 
        other requirements of this title and lack the managerial, 
        technical, or financial capability to comply with the 
        regulations or requirements; and
            ``(3) such other criteria and provisions as the 
        Administrator determines are appropriate.
    ``(c) Submission and Approval of Programs.--
            ``(1) Submission.--Not later than 18 months after guidance 
        is issued pursuant to subsection (b), each State exercising 
        primary enforcement responsibility pursuant to section 1413 
        shall submit to the Administrator a State Viability Program 
        that complies with the guidance.
            ``(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.''.
    (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 and 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.
            ``(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.''.

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, 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 issuance of the 
                        order assessing the penalty.
            ``(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, 
        1432, 1441, 1445, 1447, 1463, 1464, 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 to a 
                private entity 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 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 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) Other violations.--Notice of violations other 
                than violations identified under subparagraph (B) shall 
                be--
                            ``(i) provided not less frequently than 
                        annually and 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.
                    ``(D) 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.
                    ``(E) 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 (D) and making recommendations 
                concerning the resources needed to improve compliance 
                with this title.
    ``(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)) (as amended by section 5(b)(1)) is further 
amended by adding at the end the following new paragraph:
            ``(7) has adopted authority for administrative penalties 
        comparable to the authority in section 1414(c); and''.

SEC. 7. CONTROL OF LEAD IN DRINKING WATER AND PROHIBITION ON CERTAIN 
              RETURN FLOWS.

    (a) Fittings and Fixtures.--Section 1417 (42 U.S.C. 300g-6) is 
amended--
            (1) in subsection (a)--
                    (A) by striking paragraph (1) and 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 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) Return Flows.--No person may remove water from a public water 
system through a pipe or device outside the public water system and 
return water to the public water system unless the pipe or device is 
totally within the control of 1 or more public water systems.''.
    (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 at 
                which the health risk is equivalent to the health risk 
                associated with the national average radon level in 
                outdoor air, taking into consideration risks from--
                            ``(i) inhalation; and
                            ``(ii) ingestion of radon in drinking water 
                        and episodic uses of drinking water, if the 
                        National Academy of Sciences considers it 
                        appropriate to include the risks 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. SOURCE WATER PROTECTION PROGRAMS.

    (a) Source Water Protection.--Part C (42 U.S.C. 300h et seq.) is 
amended--
            (1) in the part heading, by striking ``Underground''; and
            (2) by adding at the end the following new section:

                       ``source water protection

    ``Sec. 1429. (a) State Programs.--Not later than 2 years after the 
date of enactment of this section, the Governor of each State shall 
adopt and submit to the Administrator for approval pursuant to 
subsection (d) a source water protection program. The program shall, at 
a minimum--
            ``(1) establish procedures for the approval of source water 
        protection plans developed pursuant to subsection (b), sole 
        source aquifer plans developed pursuant to section 1427, and 
        wellhead protection plans developed pursuant to section 1428;
            ``(2) designate a State agency with the authority and 
        expertise to implement measures and practices to protect source 
        waters (including on a Statewide basis), conduct delineations 
        of source water protection areas, and develop plans for 
        community water systems that request the plans or that the 
        State considers necessary;
            ``(3) provide financial and technical assistance to 
        community water systems or other planning entities for the 
        delineation of source water protection areas and the 
        development and implementation of source water protection 
        plans;
            ``(4) describe a program of technical and financial 
        assistance, education, training, monitoring, demonstration 
        projects, and enforcement that is available to restore and 
        protect source water and may be implemented by State agencies 
        and by source water protection plans;
            ``(5) provide for such coordination of pollution control 
        and water protection requirements under State and local law and 
        such enforcement of the requirements as are necessary to carry 
        out approved source water protection plans; and
            ``(6) ensure that community water systems with approved 
        plans are notified of any State action, including the issuance 
        or renewal of any permit or license, that may affect the 
        quality of the source water available to the system.
    ``(b) Source Water Protection Plans.--After a State source water 
protection program is approved under subsection (d), any community 
water system, State or local government agency, or planning entity 
(including any interstate or regional planning agency) may submit a 
source water protection plan developed pursuant to this subsection, a 
sole source aquifer plan developed pursuant to section 1427, or a 
wellhead protection plan developed pursuant to section 1428 to the 
State for approval. The State shall approve or disapprove the plan in 
an expeditious manner. The State shall not approve a plan unless the 
plan meets each requirement established by the Administrator in 
guidance issued under subsection (c) and each of the following 
requirements:
            ``(1) Goal.--The objective of the source water protection 
        plan shall be to restore and protect the quality of the water 
        available to a community water system that is used for drinking 
        water.
            ``(2) Delineation.--The plan shall include a delineation of 
        the source water supply protection area in the State consistent 
        with guidance for delineations issued by the Administrator 
        under subsection (c).
            ``(3) Assessment.--The plan shall include an assessment of 
        the current quality of the source water used by the community 
        water system, including the results of tests for regulated and 
        unregulated contaminants, consistent with the guidance issued 
        by the Administrator under subsection (c).
            ``(4) Identification of pollution sources.--The plan shall 
        identify each source of water pollution (or category of 
        sources) within the protection area that may contribute to the 
        contamination of water used for drinking water. If contaminants 
        have been detected at quantifiable levels in the source water 
        of the community water system, the plan shall, to the extent 
        practicable, identify the specific sources of pollution 
        releasing those contaminants.
            ``(5) Public education.--The plan shall include provisions 
        for public education to inform the customers of the community 
        water system of contamination within the source water supply 
        protection area and the measures being taken to protect water 
        quality.
            ``(6) Contingency planning.--The plan shall include 
        contingency plans to avoid contamination problems from 
        unexpected events (including flooding) and for the location and 
        provision of alternate drinking water supplies in the event of 
        contamination.
            ``(7) Pollution prevention measures.--The plan shall 
        describe measures and practices necessary to control existing 
        or new sources of pollution that may contribute contaminants to 
        source water used for drinking water.
            ``(8) Implementation.--The plan shall include a schedule 
        for the implementation of the measures and practices referred 
        to in paragraph (7) and assurances that the appropriate State 
        or local agency has available to the agency such legal 
        authority as is necessary to provide for the implementation of 
        the measures and practices and that the State or local agency 
        has the financial capability to implement measures and 
        practices consistent with the schedule established pursuant to 
        this paragraph.
    ``(c) Guidance.--
            ``(1) In general.--Not later than 1 year after the date of 
        enactment of this section, the Administrator shall publish 
        guidance to assist States and community water systems in the 
        development and implementation of source water protection 
        programs, sole source aquifer plans developed pursuant to 
        section 1427, and wellhead protection plans developed pursuant 
        to section 1428.
            ``(2) Contents of guidance.--The guidance may--
                    ``(A) establish criteria for the delineation of 
                source water protection areas within a State;
                    ``(B) describe measures and practices applicable to 
                various sources or categories of sources that 
                contribute contaminants to source waters used for 
                drinking water;
                    ``(C) provide for alternative monitoring 
                requirements for regulated contaminants for community 
                water systems with approved plans that are being 
                implemented; and
                    ``(D) describe sources of funding available to 
                develop and implement source water protection plans.
            ``(3) Public participation.--The guidance shall establish 
        procedures for public participation in the development of 
        programs and plans under this section, including notice and an 
        opportunity for comment on State programs prior to the time the 
        programs are submitted for approval and a public hearing on 
        source water protection plans conducted in the area that will 
        be subject to the plan.
    ``(d) Approval of State Program.--
            ``(1) In general.--The Administrator shall approve or 
        disapprove each State source water protection program submitted 
        under this section not later than 180 days after receipt of the 
        program. The Administrator shall approve a State program that 
        meets each of the requirements of this section and the guidance 
        issued under subsection (c). If the Administrator disapproves a 
        State program, the Administrator shall notify the State in 
        writing of the reasons for disapproval. The State may resubmit 
        the program as amended to resolve the objections of the 
        Administrator.
            ``(2) Capitalization grant.--Beginning in fiscal year 1998, 
        and each fiscal year thereafter, the Administrator shall 
        withhold 50 percent of each capitalization grant made to a 
        State pursuant to part G if the Administrator has not approved 
        a State source water protection program for the State under 
        this section.
            ``(3) Review.--The Administrator shall periodically, but 
        not less often than every 5 years, review State source water 
        protection programs that have been approved under this 
        subsection to determine whether the State is carrying out the 
        program in accordance with requirements of this section and the 
        guidance of the Administrator. The Administrator shall withdraw 
        approval of a State source water protection program upon 
        completion of the review, if the program is not in compliance 
        with the requirements of this section or if the State is not 
        considering and approving source water protection plans 
        submitted by, or on behalf of, community water systems in a 
        timely manner.
    ``(e) Incentives for Source Water Protection Plans.--
            ``(1) Eligibility for pollution control assistance.--
        Projects, measures, and practices identified in source water 
        protection plans, sole source aquifer plans developed pursuant 
        to section 1427, and wellhead protection plans developed 
        pursuant to section 1428 that have been approved under a State 
        source water protection program approved under subsection (d) 
        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.
            ``(2) Reduced monitoring requirements.--A plan meeting any 
        requirements established by the Administrator in guidance 
        issued under subsection (c)(2)(D) may provide, upon approval by 
        the State, for alternative monitoring requirements for 
        contaminants addressed by the plan to be applicable to the 
        community water system for which the plan was prepared in lieu 
        of requirements that would otherwise apply under national 
        primary drinking water regulations. Any proposal for 
        alternative monitoring requirements shall identify specific 
        pollution prevention or control measures to be implemented that 
        allow for an alternative monitoring requirement.
            ``(3) Activities involving federal agencies.--In the case 
        of a water supply protection area within a State for which a 
        source water protection plan is approved pursuant to this 
        section, each activity or development project carried out by a 
        Federal agency within the area shall be carried out in a manner 
        that is, to the maximum extent practicable, consistent with the 
        plan approved pursuant to this section.''.
    (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 approved 
                        pursuant to section 1429''; 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 
                ``(including travelers)''; and
            (2) by striking subsection (b).

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

    (a) In General.--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.''; and
                    (B) 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 a public 
        water system 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) Regulations.--Not later than 2 years after the date 
        of enactment of the Safe Drinking Water Act Amendments of 1994, 
        the Administrator shall publish regulations specifying minimum 
        standards for certification of the proficiency of operators and 
        other appropriate personnel by a State pursuant to this 
        subsection.'';
            (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''; and
            (10) by adding at the end the following new subsection:
    ``(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.''.
    (b) State Certification of Operators and Laboratories.--Section 
1413(a) (42 U.S.C. 300g-2(a)) (as amended by section 6(b)) is further 
amended by adding at the end the following new paragraph:
            ``(8) has adopted requirements for the certification of 
        operators of public water systems and laboratories conducting 
        tests pursuant to this title consistent with section 
        1442(e).''.

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 
                subparagraph:
                    ``(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.'';
            (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.''.

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.
    ``(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 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. 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) 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;
            (5) 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;
            (6) 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
            (7) 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 evaluate--
                    (A) 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
                    (B) the private and public costs and benefits 
                associated with other Federal actions with impacts on 
                human health, the environment, or public welfare, 
                including 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.
            (3) 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.
            (4) 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.
            (5) 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.
            (6) 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 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. OTHER AMENDMENTS.

    (a) Definition of Public Water System.--The first sentence of 
section 1401(4) (42 U.S.C. 300f(4)) is amended by striking ``piped 
water'' and inserting ``water through pipes or other conveyances and''.
    (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 at Washington Aqueduct.--Notwithstanding 
any other provision of law--
            (1) the Chief of Engineers of the Army Corps of Engineers 
        may borrow from the Federal Financing Bank such amounts as the 
        Chief determines are necessary to finance capital improvements 
        at the Washington Aqueduct;
            (2) upon request of the Chief, the Board of Directors of 
        the Federal Financing Bank shall make loans to the Chief for 
        the purpose described in paragraph (1); and
            (3) any amounts borrowed by the Chief under this subsection 
        shall be repaid by the users of the Washington Aqueduct over 
        such period of time, and shall be subject to such other terms 
        and conditions, as the Board determines to be appropriate.
    (g) 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''.
    (h) 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)''.
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