S.Amdt. 3323
What it does: Replaces the bill's text with a full substituteWhat it changes
1 change to H.R. 4470 · shown in the bill's text
Replaces the bill's text with a full substitute
Replaces the full textEverything after the enacting clauseIn H.R. 4470 · Received in Senate
Struck: SECTION 1. SHORT TITLE.
Struck: This Act may be cited as the "Safe Drinking Water Act Improved Compliance Awareness Act".
Inserted: TITLE ___--PREVENTION OF AND PROTECTION FROM LEAD EXPOSURE
SEC.
[struck: 2][inserted: __01].[struck: ENFORCEMENT OF ]DRINKING WATER[struck: REGULATIONS][inserted: INFRASTRUCTURE].Struck: Section 1414(c) of the Safe Drinking Water Act (42 U.S.C. 300g- 3(c)) is amended--
Struck: (1) in the header, by inserting "States, the Administrator, and" before "Persons Served";
Struck: (2) in paragraph (1)--
Struck: (A) in subparagraph (C), by striking "paragraph (2)(E)" and inserting "paragraph (2)(F)"; and
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Struck: (B) by adding at the end the following:
Struck: "(D) Notice of any exceedance at the 90th percentile of a lead action level in a regulation promulgated under section 1412.";
Struck: (3) in paragraph (2)--
Struck: (A) in subparagraph (B), by striking "subparagraph (D)" and inserting "subparagraph (E)";
Struck: (B) in subparagraph (C)--
Struck: (i) in the header, by striking "Violations" and inserting "Notice of violations";
Struck: (ii) in the matter preceding clause (i)--
Struck: (I) by inserting ", and each exceedance described in paragraph (1)(D)," after "for each violation"; and
Struck: (II) by inserting "or exceedance" after "Each notice of violation";
Struck: (iii) by inserting "or exceedance" after "the violation" each place it appears; and
Struck: (iv) in clause (iv)--
Struck: (I) in subclause (I), by striking "broadcast media" and inserting "media, including broadcast media,";
Struck: (II) in subclause (II)--
Struck: (aa) by striking "in a newspaper of general circulation serving the area" and inserting "for circulation in the affected area, including in a newspaper of general circulation serving the area,"; and
Struck: (bb) by striking "or the date of publication of the next issue of the newspaper"; and
Struck: (III) in subclause (III), by striking "in lieu of notification by means of broadcast media or newspaper";
Struck: (C) by redesignating subparagraphs (D) and (E) as subparagraphs (E) and (F), respectively; and
Struck: (D) by inserting after subparagraph (C) the following:
Struck: "(D) Notice by administrator.--If, after 24 hours after the Administrator's notification under subsection (a)(1)(A), the State with primary enforcement responsibility or the owner or operator of the public water system has not issued a notice that is required under subparagraph (C) for an exceedance described in paragraph (1)(D), the Administrator shall issue such required notice pursuant to this paragraph.";
Struck: (4) in paragraph (3)(B)--
Struck: (A) by striking "subparagraph (A) and" and inserting "subparagraph (A),"; and
Struck: (B) by striking "subparagraph (C) or (D) of paragraph (2)" and inserting "subparagraph (C) or (E) of paragraph (2), and notices issued by the Administrator with respect to public water systems serving Indian Tribes under subparagraph (D) of such paragraph";
Struck: (5) in paragraph (4)(B)--
Struck: (A) in clause (ii), by striking "the terms" and inserting "the terms 'action level',"; and
Struck: (B) in clause (iii), by striking "and (IV)" and inserting "(IV) the action level for the contaminant, and (V)"; and
Struck: (6) by adding at the end the following:
Struck: "(5) Exceedance of safe lead level.--
Struck: "(A) Strategic plan.--Not later than 120 days after the date of enactment of this paragraph, the Administrator shall, in collaboration with owners and operators of public water systems and States, establish a strategic plan for how the Administrator, a State with primary enforcement responsibility, and owners and operators of public water systems shall conduct targeted outreach, education, technical assistance, and risk communication to populations affected by lead in a public water system, including dissemination of information described in subparagraph (C).
Struck: "(B) EPA initiation of notice.--
Struck: "(i) Forwarding of data by employee of epa.--If the Environmental Protection Agency develops or receives, from a source other than the State or the public water system, data, which meets the requirements of section 1412(b)(3)(A)(ii), indicating that the drinking water of a person served by a public water system contains a level of lead that exceeds a lead action level promulgated under section 1412, the Administrator shall require an appropriate employee of the Agency to forward such data to the owner or operator of the public water system and to the State in which the exceedance occurred within a time period established by the Administrator.
Struck: "(ii) Dissemination of information by owner or operator.--If an owner or operator of a public water system receives a notice under clause (i), the owner or operator, within a time period established by the Administrator, shall disseminate to affected persons the information described in subparagraph (C).
Struck: "(iii) Consultation.--
Struck: "(I) Deadline.--With respect to an exceedance at the 90th percentile of a lead action level in a regulation promulgated under section 1412, if the owner or operator of the public water system does not disseminate, in the time period established by the Administrator, the information described in subparagraph (C), as required under clause (ii), not later than 24 hours after becoming aware of such failure to disseminate, the Administrator shall consult, within a period not to exceed 24 hours, with the applicable Governor to develop a plan, in accordance with the strategic plan, to disseminate such information to affected persons within 24 hours of the end of such consultation period.
Struck: "(II) Delegation.--The Administrator may only delegate the duty to consult under this clause to an employee of the Environmental Protection Agency who is working in the Office of Water, at the headquarters of the Agency, at the time of such delegation.
Struck: "(iv) Dissemination by administrator.--The Administrator shall, as soon as reasonably possible, disseminate to affected persons the information described subparagraph (C) if--
Struck: "(I) the Administrator and the applicable Governor do not agree on a plan described in clause (iii)(I) during the consultation period under such clause; or
Struck: "(II) the applicable Governor does not disseminate the information within 24 hours of the end of such consultation period.
Struck: "(C) Information required.--Information required to be disseminated under this paragraph shall include a clear explanation of the exceedance of a lead action level, its potential adverse effects on human health, the steps that the owner or operator of the public water system is taking to correct the exceedance, and the necessity of seeking alternative water supplies until the exceedance is corrected.
Struck: "(6) Privacy.--Any notice under this subsection to the public or an affected person shall protect the privacy of individual customer information.".
Struck: SEC. 3. PROHIBITION ON USE OF LEAD PIPES, SOLDER, AND FLUX.
Struck: Section 1417 of the Safe Drinking Water Act (42 U.S.C. 300g-6) is amended--
Struck: (1) by amending subsection (a)(2)(A) to read as follows:
[struck: "]([struck: A][inserted: a])[struck: In general][inserted: Definitions].--[inserted: In this section:]Struck: "(i) Identification and notice.--Each owner or operator of a public water system shall identify and provide notice to persons who may be affected by--
Struck: "(I) lead contamination of their drinking water where such contamination results from--
Struck: "(aa) the lead content in the construction materials of the public water distribution system; or
Struck: "(bb) corrosivity of the water supply sufficient to cause leaching of lead; or
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Struck: "(II) an exceedance at the 90th percentile of a lead action level in a regulation promulgated under section 1412.
Struck: "(ii) Manner and form.--Notice under this paragraph shall be provided in such manner and form as may be reasonably required by the Administrator. Notwithstanding clause (i)(II), notice under this paragraph shall be provided notwithstanding the absence of a violation of any national drinking water standard.";
Struck: (2) in subsection (b)(2)--
Struck: (A) by striking "The requirements" and inserting the following:
Struck: "(A) In general.--The requirements"; and
Struck: (B) by adding at the end the following: "Enforcement of such requirements shall be carried out by a State with primary enforcement responsibility or the Administrator, as appropriate.
Struck: "(B) Notification by administrator.--In the case of an exceedance described in subsection (a)(2)(A)(i)(II), if the public water system or the State in which the public water system is located does not notify the persons who may be affected by such exceedance in accordance with subsection (a)(2), the Administrator shall notify such persons of such exceedance in accordance with subsection (a)(2), including notification of the relevant concentrations of lead. Such notice shall protect the privacy of individual customer information."; and
Struck: (3) by adding at the end the following:
Struck: "(f) Public Education.--
Struck: "(1) In general.--The Administrator shall make information available to the public regarding lead in drinking water, including information regarding--
Struck: "(A) risks associated with lead in drinking water;
Struck: "(B) the likelihood that drinking water in a residence may contain lead;
Struck: "(C) steps States, public water systems, and consumers can take to reduce the risks of lead; and
Struck: "(D) the availability of additional resources that consumers can use to minimize lead exposure, including information on how to sample for lead in drinking water.
Struck: "(2) Vulnerable populations.--In making information available to the public under this subsection, the Administrator shall carry out targeted outreach strategies that focus on educating groups within the general population that may be at greater risk than the general population of adverse health effects from exposure to lead in drinking water.".
Struck: Passed the House of Representatives February 10, 2016.
Inserted: (1) Administrator.--The term "Administrator" means the Administrator of the Environmental Protection Agency.
Inserted: (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.
Inserted: (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).
Inserted: (b) State Revolving Loan Fund Assistance.--
Inserted: (1) In general.--An eligible system shall be--
Inserted: (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
Inserted: (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)).
Inserted: (2) Authorization.--
Inserted: (A) In general.--Using funds provided under subsection (e)(1)(A), 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.
Inserted: (B) Inclusion.--Assistance provided 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).
Inserted: (C) Exclusion.--Assistance provided under subparagraph (A) shall not include assistance for a project that is financed (directly or indirectly), in whole or in part, with proceeds of any obligation issued after the date of enactment of this Act--
Inserted: (i) the interest of which is exempt from the tax imposed under chapter 1 of the Internal Revenue Code of 1986; or
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Inserted: (ii) with respect to which credit is allowable under subpart I or J of part IV of subchapter A of chapter 1 of such Code.
Inserted: (3) Limitation.--Section 1452(d)(2) of the Safe Drinking Water Act (42 U.S.C. 300j-12(d)(2)) shall not apply to--
Inserted: (A) any funds provided under subsection (e)(1)(A); or
Inserted: (B) any other loan provided to an eligible system.
Inserted: (c) Water Infrastructure Financing.--
Inserted: (1) Secured loans.--
Inserted: (A) In general.--Using funds provided under subsection (e)(2)(A), the Administrator may make a secured loan under the Water Infrastructure Finance and Innovation Act of 2014 (33 U.S.C. 3901 et seq.) to--
Inserted: (i) an eligible State to carry out a project eligible under paragraphs (2) through (9) of section 5026 of that Act (33 U.S.C. 3905) to address lead or other contaminants in drinking water in an eligible system, including repair and replacement of public and private drinking water infrastructure; and
Inserted: (ii) any eligible entity under section 5025 of that Act (33 U.S.C. 3904) for a project eligible under paragraphs (2) through (9) of section 5026 of that Act (33 U.S.C. 3905).
Inserted: (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)(i) may be equal to not more than 80 percent of the reasonably anticipated costs of the projects.
Inserted: (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).
Inserted: (d) 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.
Inserted: (e) Funding.--
Inserted: (1) Additional drinking water state revolving fund capitalization grants.--
Inserted: (A) In general.--The Secretary of the Treasury shall make available to the Administrator a total of $100,000,000 to provide additional grants to eligible States pursuant to section 1452 of the Safe Drinking Water Act (42 U.S.C. 300j-12), to be available during the period of fiscal years 2016 and 2017 for the purposes described in subsection (b)(2).
Inserted: (B) Supplemented intended use plans.--From funds made available under subparagraph (A), the Administrator shall obligate to an eligible State such amounts as are necessary to meet the needs identified in a supplemented intended use plan 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--
Inserted: (i) a description of the project;
Inserted: (ii) an explanation of the means by which the project will address a situation causing a declared emergency in the eligible State;
Inserted: (iii) the estimated cost of the project; and
Inserted: (iv) the projected start date for construction of the project.
Inserted: (C) Unobligated amounts.--Any amounts made available to the Administrator under subparagraph (A) that are unobligated on the date that is 18 months after the date on which the amounts are made available shall be available to provide additional grants to States to capitalize State loan funds as provided under section 1452 of the Safe Drinking Water Act (42 U.S.C. 300j-12).
Inserted: (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).
Inserted: (2) WIFIA funding.--
Inserted: (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 $70,000,000 to provide credit subsidies, in consultation with the Director of the Office of Management and Budget, for secured loans under subsection (c)(1)(A) with a goal of providing secured loans totaling at least $700,000,000.
Inserted: (B) Use.--Secured loans provided pursuant to subparagraph (A) shall be available to carry out activities described in subsection (c)(1)(A).
Inserted: (3) Applicability.--Unless explicitly waived, all requirements under the Safe Drinking Water Act (42 U.S.C. 300f et seq.) 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.
Inserted: (f) Health Effects Evaluation.--
Inserted: (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 affected communities.
Inserted: (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).
Inserted: SEC. __02. LOAN FORGIVENESS.
Inserted: 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;".
Inserted: SEC. __03. DISCLOSURE OF PUBLIC HEALTH THREATS FROM LEAD EXPOSURE.
Inserted: (a) Exceedance of Lead Action Level.--Section 1414(c) of the Safe Drinking Water Act (42 U.S.C. 300g-3(c)) is amended--
Inserted: (1) in paragraph (1), by adding at the end the following:
Inserted: "(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.";
Inserted: (2) in paragraph (2)--
Inserted: (A) by redesignating subparagraphs (D) and (E) as subparagraphs (E) and (F), respectively; and
Inserted: (B) by inserting after subparagraph (C) the following:
Inserted: "(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.";
Inserted: (3) by redesignating paragraphs (3) and (4) as paragraphs (4) and (5), respectively; and
Inserted: (4) by inserting after paragraph (2) the following:
Inserted: "(3) Notification of the public relating to lead.--
Inserted: "(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.
Inserted: "(B) Results of lead monitoring.--
Inserted: "(i) In general.--The Administrator may provide notice of any result of lead monitoring conducted by a public water system to--
Inserted: "(I) any person that is served by the public water system; or
Inserted: "(II) the local or State health department of a locality or State in which the public water system is located.
Inserted: "(ii) Form of notice.--The Administrator may provide the notice described in clause (i) by--
Inserted: "(I) press release; or
Inserted: "(II) other form of communication, including local media.
Inserted: "(C) Privacy.--Notice to the public shall protect the privacy of individual customer information.".
Inserted: (b) Conforming Amendments.--Section 1414 (c) of the Safe Drinking Water Act (42 U.S.C. 300g-3(c)) is amended--
Inserted: (1) in paragraph (1)(C), by striking "paragraph (2)(E)" and inserting "paragraph (2)(F)";
Inserted: (2) in paragraph (2)(B)(i)(II), by striking "subparagraph (D)" and inserting "subparagraph (E)"; and
Inserted: (3) in paragraph (3)(B), in the first sentence, by striking "(D)" and inserting "(E)".
Inserted: SEC. __04. REGISTRY FOR LEAD EXPOSURE AND ADVISORY COMMITTEE.
Inserted: (a) Definitions.--In this section:
Inserted: (1) City.--The term "City" means a city exposed to lead contamination in the local drinking water system.
Inserted: (2) Committee.--The term "Committee" means the Advisory Committee established under subsection (c).
Inserted: (3) Secretary.--The term "Secretary" means the Secretary of Health and Human Services.
Inserted: (b) Lead Exposure Registry.--The Secretary shall establish within the Agency for Toxic Substances and Disease Registry or another relevant agency at the discretion of the Secretary, or establish through a grant award or contract, a lead exposure registry to collect data on the lead exposure of residents of a City on a voluntary basis.
Inserted: (c) Advisory Committee.--
Inserted: (1) Membership.--
Inserted: (A) In general.--The Secretary shall establish an Advisory Committee in coordination with the Director of the Centers for Disease Control and Prevention and other relevant agencies as determined by the Secretary consisting of Federal members and non-Federal members, and which shall include--
Inserted: (i) an epidemiologist;
Inserted: (ii) a toxicologist;
Inserted: (iii) a mental health professional;
Inserted: (iv) a pediatrician;
Inserted: (v) an early childhood education expert;
Inserted: (vi) a special education expert;
Inserted: (vii) a dietician; and
Inserted: (viii) an environmental health expert.
Inserted: (B) Requirements.--Membership in the Committee shall not exceed 15 members and not less than \1/2\ of the members shall be Federal members.
Inserted: (2) Chair.--The Secretary shall designate a chair from among the Federal members appointed to the Committee.
Inserted: (3) Terms.--Members of the Committee shall serve for a term of not more than 3 years and the Secretary may reappoint members for consecutive terms.
Inserted: (4) Application of faca.--The Committee shall be subject to the Federal Advisory Committee Act (5 U.S.C. App.).
Inserted: (5) Responsibilities.--The Committee shall, at a minimum--
Inserted: (A) review the Federal programs and services available to individuals and communities exposed to lead;
Inserted: (B) review current research on lead poisoning to identify additional research needs;
Inserted: (C) review and identify best practices, or the need for best practices, regarding lead screening and the prevention of lead poisoning;
Inserted: (D) identify effective services, including services relating to healthcare, education, and nutrition for individuals and communities affected by lead exposure and lead poisoning, including in consultation with, as appropriate, the lead exposure registry as established in subsection (b); and
Inserted: (E) undertake any other review or activities that the Secretary determines to be appropriate.
Inserted: (6) Report.--Annually for 5 years and thereafter as determined necessary by the Secretary or as required by Congress, the Committee shall submit to the Secretary, the Committees on Finance, Health, Education, Labor, and Pensions, and 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 that includes--
Inserted: (A) an evaluation of the effectiveness of the Federal programs and services available to individuals and communities exposed to lead;
Inserted: (B) an evaluation of additional lead poisoning research needs;
Inserted: (C) an assessment of any effective screening methods or best practices used or developed to prevent or screen for lead poisoning;
Inserted: (D) input and recommendations for improved access to effective services relating to healthcare, education, or nutrition for individuals and communities impacted by lead exposure; and
Inserted: (E) any other recommendations for communities affected by lead exposure, as appropriate.
Inserted: (d) Mandatory Funding.--
Inserted: (1) In general.--On the date of enactment of this Act, out of any funds in the Treasury not otherwise appropriated, the Secretary of the Treasury shall transfer to the Secretary, to be available during the period of fiscal years 2016 through 2020--
Inserted: (A) $17,500,000 to carry out subsection (b); and
Inserted: (B) $2,500,000 to carry out subsection (c).
Inserted: (2) Receipt and acceptance.--The Secretary shall be entitled to receive, shall accept, and shall use to carry out subsections (b) and (c) the funds transferred under subparagraphs (A) and (B) of paragraph (1), respectively, without further appropriation.
Inserted: SEC. __05. ADDITIONAL FUNDING FOR CERTAIN CHILDHOOD HEALTH PROGRAMS.
Inserted: (a) Childhood Lead Poisoning Prevention Program.--
Inserted: (1) In general.--On the date of enactment of this Act, out of any funds in the Treasury not otherwise appropriated, the Secretary of the Treasury shall transfer to the Director of the Centers for Disease Control and Prevention, to be available during the period of fiscal years 2017 and 2018, $10,000,000 for the childhood lead poisoning prevention program authorized under section 317A of the Public Health Service Act (42 U.S.C. 247b-1).
Inserted: (2) Receipt and acceptance.--The Director of the Centers for Disease Control and Prevention shall be entitled to receive, shall accept, and shall use to carry out the childhood lead poisoning prevention program authorized under section 317A of the Public Health Service Act (42 U.S.C. 247b-1) the funds transferred under paragraph (1), without further appropriation.
Inserted: (b) Healthy Homes Program.--
Inserted: (1) In general.--On the date of enactment of this Act, out of any funds in the Treasury not otherwise appropriated, the Secretary of the Treasury shall transfer to the Secretary of Housing and Urban Development, to be available during the period of fiscal years 2017 and 2018, $10,000,000 to carry out the Healthy Homes Initiative of the Department of Housing and Urban Development.
Inserted: (2) Receipt and acceptance.--The Secretary of Housing and Urban Development shall be entitled to receive, shall accept, and shall use to carry out the Healthy Homes Initiative of the Department of Housing and Urban Development the funds transferred under paragraph (1), without further appropriation.
Inserted: (c) Healthy Start Program.--
Inserted: (1) In general.--On the date of enactment of this Act, out of any funds in the Treasury not otherwise appropriated, the Secretary of the Treasury shall transfer to the Administrator of the Health Resources and Services Administration, to be available during the period of fiscal years 2017 and 2018, $10,000,000 to carry out the Healthy Start Initiative under section 330H of the Public Health Service Act (42 U.S.C. 254c-8).
Inserted: (2) Receipt and acceptance.--The Administrator of the Health Resources and Services Administration shall be entitled to receive, shall accept, and shall use to carry out the Healthy Start Initiative under section 330H of the Public Health Service Act (42 U.S.C. 254c-8) the funds transferred under paragraph (1), without further appropriation.
Inserted: SEC. __06. REVIEW AND REPORT.
Inserted: (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.
Inserted: (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--
Inserted: (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
Inserted: (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.
Inserted: (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--
Inserted: (1) a statement of the principal findings of the review; and
Inserted: (2) recommendations for Congress and the President to take any actions to prevent a similar situation in the future and to protect public health.
Inserted: SEC. __07. OFFSET.
Inserted: None of the funds available to the Secretary of Energy to provide any credit subsidy under subsection (d) of section 136 of the Energy Independence and Security Act of 2007 (42 U.S.C. 17013) as of the date of enactment of this Act shall be obligated for new loan commitments under that subsection on or after October 1, 2020.
Original wording
Strike out all after the enacting clause, and insert the following:
Read automatically from the Congressional Record. Check the original before relying on it.
As printed
SA 3323. Ms. STABENOW (for herself, Mr. Inhofe, Mr. Peters, Mr. Portman, Mr. Brown, Mr. Kirk, Mr. Reed, Mr. Burr, Mr. Durbin, Mrs. Boxer, and Ms. Mikulski) submitted an amendment intended to be proposed by her to the bill H.R. 4470, to amend the Safe Drinking Water Act with respect to the requirements related to lead in drinking water, and for other purposes; which was ordered to lie on the table; as follows:
Strike out all after the enacting clause, and insert the following:
TITLE ___--PREVENTION OF AND PROTECTION FROM LEAD EXPOSURE
SEC. __01. 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 (e)(1)(A), 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 provided 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).
(C) Exclusion.--Assistance provided under subparagraph (A) shall not include assistance for a project that is financed (directly or indirectly), in whole or in part, with proceeds of any obligation issued after the date of enactment of this Act--
(i) the interest of which is exempt from the tax imposed under chapter 1 of the Internal Revenue Code of 1986; or
(ii) with respect to which credit is allowable under subpart I or J of part IV of subchapter A of chapter 1 of such Code.
(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 (e)(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 (e)(2)(A), the Administrator may make a secured loan under the Water Infrastructure Finance and Innovation Act of 2014 (33 U.S.C. 3901 et seq.) to--
(i) an eligible State to carry out a project eligible under paragraphs (2) through (9) of section 5026 of that Act (33 U.S.C. 3905) to address lead or other contaminants in drinking water in an eligible system, including repair and replacement of public and private drinking water infrastructure; and
(ii) any eligible entity under section 5025 of that Act (33 U.S.C. 3904) for a project eligible under paragraphs (2) through (9) of section 5026 of that Act (33 U.S.C. 3905).
(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)(i) may be equal to not more than 80 percent of the reasonably anticipated costs of the projects.
(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) 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.
(e) Funding.--
(1) Additional drinking water state revolving fund capitalization grants.--
(A) In general.--The Secretary of the Treasury shall make available to the Administrator a total of $100,000,000 to provide additional grants to eligible States pursuant to section 1452 of the Safe Drinking Water Act (42 U.S.C. 300j-12), to be available during the period of fiscal years 2016 and 2017 for the purposes described in subsection (b)(2).
(B) Supplemented intended use plans.--From funds made available under subparagraph (A), the Administrator shall obligate to an eligible State such amounts as are necessary to meet the needs identified in a supplemented intended use plan 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 18 months after the date on which the amounts are made available shall be available to provide additional grants to States to capitalize State loan funds as provided under section 1452 of the Safe Drinking Water Act (42 U.S.C. 300j-12).
(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 $70,000,000 to provide credit subsidies, in consultation with the Director of the Office of Management and Budget, for secured loans under subsection (c)(1)(A) with a goal of providing secured loans totaling at least $700,000,000.
(B) Use.--Secured loans provided pursuant to subparagraph (A) shall be available to carry out activities described in subsection (c)(1)(A).
(3) Applicability.--Unless explicitly waived, all requirements under the Safe Drinking Water Act (42 U.S.C. 300f et seq.) 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.
(f) Health Effects Evaluation.--
(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 affected communities.
(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).
SEC. __02. 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. __03. 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.
“(C) Privacy.--Notice to the public shall protect the privacy of individual customer information.”.
(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. __04. REGISTRY FOR LEAD EXPOSURE AND ADVISORY COMMITTEE.
(a) Definitions.--In this section:
(1) City.--The term “City” means a city exposed to lead contamination in the local drinking water system.
(2) Committee.--The term “Committee” means the Advisory Committee established under subsection (c).
(3) Secretary.--The term “Secretary” means the Secretary of Health and Human Services.
(b) Lead Exposure Registry.--The Secretary shall establish within the Agency for Toxic Substances and Disease Registry or another relevant agency at the discretion of the Secretary, or establish through a grant award or contract, a lead exposure registry to collect data on the lead exposure of residents of a City on a voluntary basis.
(c) Advisory Committee.--
(1) Membership.--
(A) In general.--The Secretary shall establish an Advisory Committee in coordination with the Director of the Centers for Disease Control and Prevention and other relevant agencies as determined by the Secretary consisting of Federal members and non-Federal members, and which shall include--
(i) an epidemiologist;
(ii) a toxicologist;
(iii) a mental health professional;
(iv) a pediatrician;
(v) an early childhood education expert;
(vi) a special education expert;
(vii) a dietician; and
(viii) an environmental health expert.
(B) Requirements.--Membership in the Committee shall not exceed 15 members and not less than \1/2\ of the members shall be Federal members.
(2) Chair.--The Secretary shall designate a chair from among the Federal members appointed to the Committee.
(3) Terms.--Members of the Committee shall serve for a term of not more than 3 years and the Secretary may reappoint members for consecutive terms.
(4) Application of faca.--The Committee shall be subject to the Federal Advisory Committee Act (5 U.S.C. App.).
(5) Responsibilities.--The Committee shall, at a minimum--
(A) review the Federal programs and services available to individuals and communities exposed to lead;
(B) review current research on lead poisoning to identify additional research needs;
(C) review and identify best practices, or the need for best practices, regarding lead screening and the prevention of lead poisoning;
(D) identify effective services, including services relating to healthcare, education, and nutrition for individuals and communities affected by lead exposure and lead poisoning, including in consultation with, as appropriate, the lead exposure registry as established in subsection (b); and
(E) undertake any other review or activities that the Secretary determines to be appropriate.
(6) Report.--Annually for 5 years and thereafter as determined necessary by the Secretary or as required by Congress, the Committee shall submit to the Secretary, the Committees on Finance, Health, Education, Labor, and Pensions, and 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 that includes--
(A) an evaluation of the effectiveness of the Federal programs and services available to individuals and communities exposed to lead;
(B) an evaluation of additional lead poisoning research needs;
(C) an assessment of any effective screening methods or best practices used or developed to prevent or screen for lead poisoning;
(D) input and recommendations for improved access to effective services relating to healthcare, education, or nutrition for individuals and communities impacted by lead exposure; and
(E) any other recommendations for communities affected by lead exposure, as appropriate.
(d) Mandatory Funding.--
(1) In general.--On the date of enactment of this Act, out of any funds in the Treasury not otherwise appropriated, the Secretary of the Treasury shall transfer to the Secretary, to be available during the period of fiscal years 2016 through 2020--
(A) $17,500,000 to carry out subsection (b); and
(B) $2,500,000 to carry out subsection (c).
(2) Receipt and acceptance.--The Secretary shall be entitled to receive, shall accept, and shall use to carry out subsections (b) and (c) the funds transferred under subparagraphs (A) and (B) of paragraph (1), respectively, without further appropriation.
SEC. __05. ADDITIONAL FUNDING FOR CERTAIN CHILDHOOD HEALTH PROGRAMS.
(a) Childhood Lead Poisoning Prevention Program.--
(1) In general.--On the date of enactment of this Act, out of any funds in the Treasury not otherwise appropriated, the Secretary of the Treasury shall transfer to the Director of the Centers for Disease Control and Prevention, to be available during the period of fiscal years 2017 and 2018, $10,000,000 for the childhood lead poisoning prevention program authorized under section 317A of the Public Health Service Act (42 U.S.C. 247b-1).
(2) Receipt and acceptance.--The Director of the Centers for Disease Control and Prevention shall be entitled to receive, shall accept, and shall use to carry out the childhood lead poisoning prevention program authorized under section 317A of the Public Health Service Act (42 U.S.C. 247b-1) the funds transferred under paragraph (1), without further appropriation.
(b) Healthy Homes Program.--
(1) In general.--On the date of enactment of this Act, out of any funds in the Treasury not otherwise appropriated, the Secretary of the Treasury shall transfer to the Secretary of Housing and Urban Development, to be available during the period of fiscal years 2017 and 2018, $10,000,000 to carry out the Healthy Homes Initiative of the Department of Housing and Urban Development.
(2) Receipt and acceptance.--The Secretary of Housing and Urban Development shall be entitled to receive, shall accept, and shall use to carry out the Healthy Homes Initiative of the Department of Housing and Urban Development the funds transferred under paragraph (1), without further appropriation.
(c) Healthy Start Program.--
(1) In general.--On the date of enactment of this Act, out of any funds in the Treasury not otherwise appropriated, the Secretary of the Treasury shall transfer to the Administrator of the Health Resources and Services Administration, to be available during the period of fiscal years 2017 and 2018, $10,000,000 to carry out the Healthy Start Initiative under section 330H of the Public Health Service Act (42 U.S.C. 254c-8).
(2) Receipt and acceptance.--The Administrator of the Health Resources and Services Administration shall be entitled to receive, shall accept, and shall use to carry out the Healthy Start Initiative under section 330H of the Public Health Service Act (42 U.S.C. 254c-8) the funds transferred under paragraph (1), without further appropriation.
SEC. __06. 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.
SEC. __07. OFFSET.
None of the funds available to the Secretary of Energy to provide any credit subsidy under subsection (d) of section 136 of the Energy Independence and Security Act of 2007 (42 U.S.C. 17013) as of the date of enactment of this Act shall be obligated for new loan commitments under that subsection on or after October 1, 2020.
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Senate amendment submitted
February 24, 2016
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Senate amendment submitted
February 24, 2016
Senate amendment submitted
February 24, 2016