[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 2579 Introduced in Senate (IS)]

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114th CONGRESS
  2d Session
                                S. 2579

      To provide additional support to ensure safe drinking water.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           February 24, 2016

  Ms. Stabenow (for herself, Mr. Inhofe, Mr. Peters, Mr. Portman, Mr. 
   Brown, Mr. Kirk, Mr. Reed, Mr. Burr, Mr. Durbin, and Mrs. Boxer) 
introduced the following bill; which was read twice and referred to the 
               Committee on Energy and Natural Resources

_______________________________________________________________________

                                 A BILL


 
      To provide additional support to ensure safe drinking water.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Drinking Water Safety and 
Infrastructure Act''.

SEC. 2. 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. 3. 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. 4. 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. 5. 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. 6. 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. 7. 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. 8. 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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