S.Amdt. 3249

SA 3249. Ms. STABENOW (for herself and Mr. Peters) submitted an
amendment intended to be proposed to amendment SA 2953 proposed by Ms.
Murkowski to the bill S. 2012, to provide for the modernization of the
energy policy of the United States, and for other purposes; which was
ordered to lie on the table; as follows:

At the end of title IV, add the following:

Subtitle I--Prevention of and Protection From Lead Exposure

SEC. 4801. DRINKING WATER INFRASTRUCTURE.

(a) Definitions.--In this section:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Environmental Protection Agency.
(2) Eligible state.--The term ``eligible State'' means a
State for which the President has declared an emergency under
the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5121 et seq.) relating to the
public health threats associated with the presence of lead or
other contaminants in a public drinking water supply system.
(3) Eligible system.--The term ``eligible system'' means a
public drinking water supply system that is the subject of an
emergency declaration referred to in paragraph (2).
(b) State Revolving Loan Fund Assistance.--
(1) In general.--An eligible system shall be--
(A) considered to be a disadvantaged community under
section 1452(d) of the Safe Drinking Water Act (42 U.S.C.
300j-12(d)); and
(B) eligible to receive loans with additional subsidization
under that Act (42 U.S.C. 300f et seq.), including
forgiveness of principal under section 1452(d)(1) of that Act
(42 U.S.C. 300j-12(d)(1)).
(2) Authorization.--
(A) In general.--Using funds provided under subsection
(f)(1), an eligible State may provide assistance to an
eligible system within the eligible State, for the purpose of
addressing lead or other contaminants in drinking water,
including repair and replacement of public and private
drinking water infrastructure.
(B) Inclusion.--Assistance under subparagraph (A) may
include additional subsidization under the Safe Drinking
Water Act (42 U.S.C. 300f et seq.), as described in paragraph
(1)(B).
(3) Limitation.--Section 1452(d)(2) of the Safe Drinking
Water Act (42 U.S.C. 300j-12(d)(2)) shall not apply to--
(A) any funds provided under subsection (f)(1)(A); or
(B) any other loan provided to an eligible system.
(c) Water Infrastructure Financing.--
(1) Secured loans.--
(A) In general.--Using funds provided under subsection
(f)(2), the Administrator may make a secured loan to an
eligible State to carry out a project to address lead or
other contaminants in drinking water in an eligible system.
(B) Amount.--Notwithstanding section 5029(b)(2) of the
Water Infrastructure Finance and Innovation Act of 2014 (33
U.S.C. 3908(b)(2)), the amount of a secured loan provided
under subparagraph (A) may be equal to not more than 80
percent of the reasonably anticipated costs of the projects.
(C) Limitation.--No project receiving a secured loan under
this subsection may be financed (directly or indirectly), in
whole or in part, with proceeds of any obligation--
(i) the interest on which is exempt from the tax imposed
under chapter 1 of the Internal Revenue Code of 1986; or
(ii) with respect to which a credit is allowable under
subpart I or J of part IV of subchapter A of chapter 1 of the
Internal Revenue Code of 1986.
(2) Federal involvement.--Notwithstanding section
5029(b)(9) of the Water Infrastructure Finance and Innovation
Act of 2014 (33 U.S.C. 3908(b)(9)), any costs for a project
to address lead or other contaminants in drinking water in an
eligible system that are not covered by a secured loan under
paragraph (1) may be covered using amounts in the State
revolving loan fund under section 1452 of the Safe Drinking
Water Act (42 U.S.C. 300j-12).
(d) Asset Management Plan.--Any individual or entity that
carries out construction of infrastructure using assistance
provided under this section shall develop and implement, in
consultation with the Administrator and appropriate officials
of the applicable eligible State, a strategic and systematic
process of operating, maintaining, and improving affected
physical assets, with a focus on engineering and economic
analysis based on quality information, to identify a
structured sequence of maintenance, preservation, repair,
rehabilitation, and replacement actions that will achieve and
sustain a desired state of good repair during the lifecycle
of the assets at minimum practicable cost.
(e) Nonduplication of Work.--An activity carried out
pursuant to this section shall not duplicate the work or
activity of any other Federal or State department or agency.
(f) Funding.--
(1) Additional drinking water state revolving fund
capitalization grants.--
(A) In general.--The Secretary of the Treasury shall make
available to the Administrator $200,000,000, to remain
available for obligation for 1 year after the date on which
the amounts are made available, to provide additional grants
to eligible States pursuant to section 1452 of the Safe
Drinking Water Act (42 U.S.C. 300j-12) for fiscal year 2016
for the purposes described in subsection (b)(2).
(B) Supplemented intended use plans.--The Administrator
shall disburse to an eligible State amounts made available
under subparagraph (A) by not later than 30 days after the
date on which the eligible State submits to the Administrator
a supplemented intended use plan under section 1452(b) of the
Safe Drinking Water Act (42 U.S.C. 300j-12(b)) that includes
preapplication information regarding projects to be funded
using the additional assistance, including, with respect to
each such project--
(i) a description of the project;
(ii) an explanation of the means by which the project will
address a situation causing a declared emergency in the
eligible State;
(iii) the estimated cost of the project; and
(iv) the projected start date for construction of the
project.
(C) Unobligated amounts.--Any amounts made available to the
Administrator under subparagraph (A) that are unobligated on
the date that is 1 year after the date on which the amounts
are made available shall be available to carry out the Water
Infrastructure Finance and Innovation Act of 2014 (33 U.S.C.
3901 et seq.).
(D) Applicability.--Section 1452(b)(1) of the Safe Drinking
Water Act (42 U.S.C. 300j-12(b)(1)) shall not apply to a
supplement to an intended use plan under subparagraph (B).
(2) WIFIA funding.--
(A) In general.--As soon as practicable after the date of
enactment of this Act, the Secretary of the Treasury shall
make available to the Administrator $60,000,000 to provide
credit subsidies, in consultation with the Director of the
Office of Management and Budget, for secured loans under
subsection (c)(1)(A) in an amount equal to not more than
$600,000,000 to eligible States under the Water
Infrastructure Finance and Innovation Act of 2014 (33 U.S.C.
3901 et seq.).
(B) Deadline.--The Administrator, in consultation with the
Director of the Office of Management and Budget, shall
provide to an

[[Page S613]]

eligible State a secured loan under subparagraph (A) by not
later than 60 days after the date of receipt of a loan
application from the eligible State.
(C) Use.--Secured loans provided pursuant to subparagraph
(A) shall be available to carry out activities to address
lead and other contaminants in drinking water, including
repair and replacement of public and private drinking water
infrastructure.
(D) Excess amounts.--If the Administrator determines, in
fiscal year 2020 or any fiscal year thereafter, that an
amount less than $60,000,000 for credit subsidies is required
to issue secured loans under subparagraph (A) for the fiscal
year, the excess amount made available under this paragraph
for that fiscal year shall be transferred to the Leaking
Underground Storage Tank Trust Fund established by section
9508(a) of the Internal Revenue Code of 1986.
(3) Applicability.--Unless explicitly waived, all
requirements under section 1450(e) of the Safe Drinking Water
Act (42 U.S.C.300j-9(e)) and the Water Infrastructure Finance
and Innovation Act of 2014 (33 U.S.C. 3901 et seq.) shall
apply to funding provided under this subsection.
(g) Health Effects Evaluation, Flint, Michigan.--
(1) In general.--Pursuant to section 104(i)(1)(E) of the
Comprehensive Environmental Response, Compensation, and
Liability Act (42 U.S.C. 9604(i)(1)(E)), and on receipt of a
request of an appropriate State or local health official of
an eligible State, the Director of the Agency for Toxic
Substances and Disease Registry of the National Center for
Environmental Health shall in coordination with other
agencies, as appropriate, conduct voluntary surveillance
activities to evaluate any adverse health effects on
individuals exposed to lead from drinking water in the City
of Flint, Michigan.
(2) Consultations.--Pursuant to section 104(i)(4) of the
Comprehensive Environmental Response, Compensation, and
Liability Act (42 U.S.C. 9604(i)(4)), and on receipt of a
request of an appropriate State or local health official of
an eligible State, the Director of the Agency for Toxic
Substances and Disease Registry of the National Center for
Environmental Health shall provide consultations regarding
health issues described in paragraph (1).
(h) Offset.--
(1) In general.--Subsection (c) of section 9508 of the
Internal Revenue Code of 1986 is amended by adding at the end
the following new paragraph:
``(4) Additional transfer.--Out of amounts in the Leaking
Underground Storage Tank Trust Fund there is hereby
appropriated $260,000,000 to be transferred to the
Administrator of the Environmental Protection Agency for
purposes of making expenditures described in section 4801 of
the Energy Policy Modernization Act of 2016.''.
(2) Conforming amendment.--Section 9508(c)(1) of such Code
is amended by striking ``paragraphs (2) and (3)'' and
inserting ``paragraphs (2), (3), and (4)''.

SEC. 4802. LOAN FORGIVENESS.

The matter under the heading ``State and Tribal Assistance
Grants'' under the heading ``ENVIRONMENTAL PROTECTION
AGENCY'' in title II of division G of the Consolidated
Appropriations Act, 2016 (Public Law 114-113), is amended in
paragraph (1), by striking the semicolon at the end and
inserting the following: ``or, if a Federal or State
emergency declaration has been issued due to a threat to
public health from heightened exposure to lead in a municipal
drinking water supply, before the date of enactment of this
Act: Provided further, That in a State in which such an
emergency declaration has been issued, the State may use more
than 20 percent of the funds made available under this title
to the State for Drinking Water State Revolving Fund
capitalization grants to provide additional subsidy to
eligible recipients;''.

SEC. 4803. DISCLOSURE OF PUBLIC HEALTH THREATS FROM LEAD
EXPOSURE.

(a) Exceedance of Lead Action Level.--Section 1414(c) of
the Safe Drinking Water Act (42 U.S.C. 300g-3(c)) is
amended--
(1) in paragraph (1), by adding at the end the following:
``(D) Notice of any exceedance of a lead action level or
any other prescribed level of lead in a regulation issued
under section 1412, including the concentrations of lead
found in a monitoring activity or any other level of lead
determined by the Administrator to warrant notice, either on
a case-specific or more general basis.'';
(2) in paragraph (2)--
(A) by redesignating subparagraphs (D) and (E) as
subparagraphs (E) and (F), respectively; and
(B) by inserting after subparagraph (C) the following:
``(D) Exceedance of lead action level.--Regulations issued
under subparagraph (A) shall specify notification procedures
for an exceedance of a lead action level or any other
prescribed level of lead in a regulation issued under section
1412.'';
(3) by redesignating paragraphs (3) and (4) as paragraphs
(4) and (5), respectively; and
(4) by inserting after paragraph (2) the following:
``(3) Notification of the public relating to lead.--
``(A) Exceedance of lead action level.--Not later than 15
days after the date of being notified by the primary agency
of an exceedance of a lead action level or any other
prescribed level of lead in a regulation issued under section
1412, including the concentrations of lead found in a
monitoring activity or any other level of lead determined by
the Administrator to warrant notice, either on a case-
specific or more general basis, the Administrator shall
notify the public of the concentrations of lead found in the
monitoring activity conducted by the public water system if
the public water system or the State does not notify the
public of the concentrations of lead found in a monitoring
activity.
``(B) Results of lead monitoring.--
``(i) In general.--The Administrator may provide notice of
any result of lead monitoring conducted by a public water
system to--

``(I) any person that is served by the public water system;
or
``(II) the local or State health department of a locality
or State in which the public water system is located.

``(ii) Form of notice.--The Administrator may provide the
notice described in clause (i) by--

``(I) press release; or
``(II) other form of communication, including local
media.''.

(b) Conforming Amendments.--Section 1414 (c) of the Safe
Drinking Water Act (42 U.S.C. 300g-3(c)) is amended--
(1) in paragraph (1)(C), by striking ``paragraph (2)(E)''
and inserting ``paragraph (2)(F)'';
(2) in paragraph (2)(B)(i)(II), by striking ``subparagraph
(D)'' and inserting ``subparagraph (E)''; and
(3) in paragraph (3)(B), in the first sentence, by striking
``(D)'' and inserting ``(E)''.

SEC. 4804. CENTER OF EXCELLENCE ON LEAD EXPOSURE.

(a) Definitions.--In this section:
(1) Center.--The term ``Center'' means the Center of
Excellence on Lead Exposure established under subsection (b).
(2) City.--The term ``City'' means a City that has been
exposed to lead through a water system or other source.
(3) Community.--The term ``community'' means the community
of the City.
(4) Secretary.--The term ``Secretary'' means the Secretary
of Health and Human Services.
(5) State.--The term ``State'' means a State containing a
City that has been exposed to lead through a water system or
other source.
(b) Establishment.--Not later than 180 days after the date
of enactment of this Act, the Secretary shall, by contract,
grant, or cooperative agreement, establish in the City a
center to be known as the ``Center of Excellence on Lead
Exposure''.
(c) Collaboration.--The Center shall collaborate with
relevant Federal agencies, research institutions, hospitals,
Federally qualified health centers, school-based health
centers, community behavioral health providers, and State and
local public health agencies in the development and operation
of the Center.
(d) Advisory Committee.--
(1) In general.--The Center shall establish an advisory
committee to provide scientific and technical support for the
Center and to advise the Secretary, consisting of, at a
minimum--
(A) an epidemiologist;
(B) a toxicologist;
(C) a mental health professional;
(D) a pediatrician;
(E) an early childhood education expert;
(F) a special education expert;
(G) a dietician;
(H) an environmental health expert; and
(I) 2 community representatives.
(2) Application of faca.--The advisory committee shall be
subject to the Federal Advisory Committee Act (5 U.S.C.
App.).
(e) Responsibilities.--The Center shall, at minimum,
develop and carry out the following components and
responsibilities:
(1) Establish a health registry with the following
responsibilities:
(A) Survey City residents on a voluntary basis about
exposure to lead, and inform City residents of the health and
developmental impacts that may have resulted from that
exposure.
(B) Identify and provide ongoing monitoring on a voluntary
basis for City residents who have been exposed to lead.
(C) Collect and analyze clinical data related to the
monitoring and treatment of City residents.
(D) Provide culturally and linguistically relevant
personnel and materials necessary for City residents.
(2) Without duplicating other Federal research efforts,
conduct or recommend that the Secretary conduct or support
through a grant or contract research on physical, behavioral,
and developmental impacts, as well as other health or
educational impacts associated with lead exposure, including
cancer, heart disease, liver disease, neurological impacts,
developmental delays, reproductive health impacts, and
maternal and fetal health impacts.
(3) Without duplicating other Federal efforts, develop or
recommend that the Secretary develop or support the
development of, through a grant or contract, lead mitigation
recommendations and allocate resources, as appropriate, for
health-, education-, and nutrition-related interventions, as
well as other interventions, to mitigate lead exposure in
children and adults.
(4) Establish a partnership with the Regional Center of
Excellence on Nutrition

[[Page S614]]

Education of the Department of Agriculture to provide any
relevant nutrition information for lead mitigation,
including--
(A) identifying and implementing best practices in
nutrition education regarding lead-mitigating foods; and
(B) making recommendations and conducting outreach to
improve access to lead-mitigating foods in the community.
(5) Without duplicating other Federal efforts, conduct or
recommend that the Secretary conduct or support, through a
grant or contract, education and outreach efforts for the
City and State, including the following:
(A) Create a publicly accessible website that provides, at
minimum, details about the health registry for City
residents, available testing and other services through the
Center for City residents and other communities impacted by
lead exposure, any relevant information regarding health and
educational impacts of lead exposure, any relevant
information on mitigation services, and any research
conducted through the Center.
(B) Conduct at least 2 meetings annually in the City to
discuss the ongoing impact of lead exposure on residents and
solicit community input regarding ongoing mitigation needs.
(C) Establish a navigation program to connect City
residents to available Federal, State, and local resources
and programs that assist with cognitive, developmental, and
health problems associated with lead exposure.
(f) Report.--Annually, the Secretary shall submit to the
Committees on Finance, Health, Education, Labor, and
Pensions, Agriculture, Nutrition, and Forestry of the Senate
and the Committees on Education and the Workforce, Energy and
Commerce, and Agriculture of the House of Representatives a
report--
(1) assessing the impacts of the Center on City health and
education systems and outcomes;
(2) describing any research conducted by or in connection
with the Center;
(3) describing any mitigation tools used or developed by
the Center including outcomes; and
(4) making any recommendations for the City, State, or
other communities impacted by lead exposure, as appropriate.
(g) Funding.--
(1) Mandatory funding.--
(A) In general.--On October 1, 2016, out of any funds in
the Treasury not otherwise appropriated, the Secretary of the
Treasury shall transfer to the Secretary to carry out this
section $20,000,000, to remain available until expended.
(B) Receipt and acceptance.--The Secretary shall be
entitled to receive, shall accept, and shall use to carry out
this section the funds transferred under subparagraph (A),
without further appropriation.
(2) Authorization of appropriations.--There is authorized
to be appropriated to carry out this section $20,000,000 for
each of fiscal years 2017 through 2026, to remain available
until expended.
(3) Offset.--
(A) In general.--Subsection (c) of section 9508 of the
Internal Revenue Code of 1986, as amended by section 4801, is
amended by adding at the end the following new paragraph:
``(5) Additional transfer to hhs.--Out of amounts in the
Leaking Underground Storage Tank Trust Fund there is hereby
appropriated to be transferred to the Secretary of Health and
Human Services $20,000,000 on October 1, 2016, for purposes
of making expenditures to carry out the requirements of
section 4804 of the Energy Policy Modernization Act of
2016.''.
(B) Conforming amendment.--Section 9508(c)(1) of such Code,
as amended by section 4801, is amended by striking ``and
(4)'' and inserting ``(4), and (5)''.

SEC. 4805. GAO REVIEW AND REPORT.

(a) In General.--Not later than 1 year after the date of
enactment of this Act, the Attorney General and the Inspector
General of the Environmental Protection Agency shall submit
to the Committees on Appropriations, Environment and Public
Works, and Homeland Security and Governmental Affairs of the
Senate and the Committees on Appropriations, Energy and
Commerce, Transportation and Infrastructure, and Oversight
and Government Reform of the House of Representatives a
report on the status of any ongoing investigations into the
Federal and State response to the contamination of the
drinking water supply of the City of Flint, Michigan.
(b) Review.--Not later than 30 days after the completion of
the investigations described in subsection (a), the
Comptroller General of the United States shall commence a
review of issues that are not addressed by the investigations
and relating to--
(1) the adequacy of the response by the State of Michigan
and the City of Flint to the drinking water crisis in Flint,
Michigan, including the timeliness and transparency of the
response, as well as the capacity of the State and City to
manage the drinking water system; and
(2) the adequacy of the response by Region 5 of the
Environmental Protection Agency to the drinking water crisis
in Flint, Michigan, including the timeliness and transparency
of the response.
(c) Contents of Report.--Not later than 1 year after
commencing each review under subsection (b), the Comptroller
General of the United States shall submit to Congress a
report that includes--
(1) a statement of the principal findings of the review;
and
(2) recommendations for Congress and the President to take
any actions to prevent a similar situation in the future and
to protect public health.

Subtitle J--Contamination on Transferred Land

SEC. 4901. RESPONSE ACTIONS ON ALASKA NATIVE CLAIMS
CONVEYANCES.

Section 120 of the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C. 9620) is
amended by adding at the end the following:
``(k) Alaska Native Claims Conveyances.--
``(1) Definitions.--In this subsection:
``(A) Hazardous substance.--In addition to the substances
included in the definition of the term in section 101(14),
the term `hazardous substance' includes petroleum (including
crude oil or any fraction thereof), natural gas, natural gas
liquids, liquefied natural gas, or synthetic gas usable for
fuel (or mixtures of natural gas and such synthetic gas).
``(B) Native corporation.--The term `Native Corporation'
has the meaning given the term in section 3 of the Alaska
Native Claims Settlement Act (43 U.S. 1602).
``(2) Obligation to take response action.--
``(A) In general.--The United States shall be responsible
for taking all response actions necessary to ensure the
protection of human health and the environment with regard to
the release or threatened release of any hazardous substance
on land conveyed to a Native Corporation pursuant to the
Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.)
prior to the date of enactment of this subsection.
``(B) Requirement.--All response actions shall be taken
consistent with this Act and the National Oil and Hazardous
Substances Pollution Contingency Plan described in part 300
of title 40, Code of Federal Regulations (or successor
regulations).
``(3) Enforcement.--A Native Corporation may commence a
civil action for enforcement of this subsection in accordance
with section 310 on or before the date that is 6 years after
the date of enactment of this subsection.''.
______