[Congressional Record Volume 162, Number 20 (Wednesday, February 3, 2016)]
[Senate]
[Pages S608-S609]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 3247. 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 and Protection From Lead Exposure
SEC. 4801. DRINKING WATER INFRASTRUCTURE.
Part B of the Safe Drinking Water Act (42 U.S.C. 300g et
seq.) is amended by adding at the end the following:
``SEC. 1420A. LEAD PREVENTION GRANT PROGRAM.
``(a) Definitions.--In this section:
``(1) City.--The term `City' means the City of Flint,
Michigan.
``(2) State.--The term `State' means the State of Michigan.
``(b) Grant Program.--
``(1) Establishment.--Using funds made available under
section 4805(a) of the Energy Policy Modernization Act of
2016, the Administrator shall make grants to the State and
the City for use in accordance with this subsection.
``(2) Use of funds.--The use of funds from a grant made
under this subsection shall be--
``(A) determined by the Administrator, in consultation with
the State and the City; and
``(B) used only for an activity authorized under paragraph
(3).
``(3) Authorized activities.--
``(A) In general.--The Administrator may authorize the use
by the State or the City of funds from a grant under this
subsection to carry out any activity that the Administrator
determines is necessary to ensure that the drinking water
supply of the City does not contain--
``(i) lead levels that threaten public health or the
environment; or
``(ii) lead, other drinking water contaminants, and
pathogens that pose a threat to public health.
``(B) Inclusions.--Authorized activities under subparagraph
(A) may include--
``(i) testing, evaluation, and sampling of public and
private water service lines in the water distribution system
of the City;
``(ii) repairs and upgrades to water treatment facilities
that serve the City;
``(iii) optimization of corrosion control treatment of the
public and private water service lines in the water
distribution system of the City;
``(iv) repairs to water mains and replacement of public and
private water service lines in the water distribution system
of the City; and
``(v) modification or construction of new pipelines and
treatment system startup evaluations needed to ensure optimal
treatment of water from the Karegnondi Water Authority before
and after the transition to this new source.
``(4) Matching requirement.--As a condition of the State or
the City receiving a grant under this subsection, the
Administrator shall require the State to provide funds from
non-Federal sources in an amount that is at least equal to
the amount provided by the Federal Government.
``(5) Relationship to other requirements.--Unless
explicitly waived, the requirements of section 1450(e) apply
to funding made available under this subsection.
``(c) Administration.--The Administrator may use funds made
available under section 4805(a) of the Energy Policy
Modernization Act of 2016--
``(1) for the costs of technical assistance provided by the
Environmental Protection Agency or by contractors of the
Environmental Protection Agency; and
``(2) for administrative activities in support of
authorized activities.
``(d) Report.--Not later than 45 days after the first day
of each of fiscal years 2017, 2018, 2019, 2020, and 2021, the
Administrator shall submit to the Committee on Appropriations
of the Senate, the Committee on Environment and Public Works
of the Senate, the Committee on Homeland Security and
Governmental Affairs of the Senate, the Committee on
Appropriations of the House of Representatives, the Committee
on Energy and Commerce of the House of Representatives, and
the Committee on Transportation and Infrastructure of the
House of Representatives a report describing the actions
taken to carry out the purposes of the grant program, as
described in subsection (b)(3).
``(e) Sunset.--The authority provided by this section
terminates on March 1, 2021.''.
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--
[[Page S609]]
(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 the City of Flint,
Michigan.
(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 the State of Michigan.
(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
research institutions, hospitals, Federally qualified health
centers, school-based health centers, community behavioral
health providers, public health agencies of Genesee County in
the State, and the State 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 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 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) Conduct 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) Develop 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 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) Conduct education and outreach efforts for the City,
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 regular meetings 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.--Biannually, 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 with the
Center; and
(3) making any recommendations for the City, State, or
other communities impacted by lead exposure, as appropriate.
SEC. 4805. FUNDING.
(a) Lead Prevention Grant Program.--
(1) In general.--Not later than 5 days after 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 Environmental Protection
Agency to carry out section 1420A of the Safe Drinking Water
Act (as added by section 4801) $400,000,000, to remain
available until March 1, 2021.
(2) Receipt and acceptance.--The Administrator of the
Environmental Protection Agency shall be entitled to receive,
shall accept, and shall use to carry out section 1420A of the
Safe Drinking Water Act (as added by section 4801) the funds
transferred under paragraph (1), without further
appropriation.
(3) Reversion of funds.--Any funds transferred under
paragraph (1) that are unobligated as of March 1, 2021, shall
revert to the general fund of the Treasury.
(b) Center of Excellence on Lead Exposure.--
(1) In general.--On October 1, 2016, and on each October 1
thereafter through October 1, 2025, out of any funds in the
Treasury not otherwise appropriated, the Secretary of the
Treasury shall transfer to the Secretary of Health and Human
Services to carry out section 4804 $20,000,000, to remain
available until expended.
(2) Receipt and acceptance.--The Secretary of Health and
Human Services shall be entitled to receive, shall accept,
and shall use to carry out section 4804 the funds transferred
under paragraph (1), without further appropriation.
SEC. 4806. EMERGENCY DESIGNATION.
(a) In General.--This subtitle and the amendments made by
this subtitle are designated as an emergency requirement
pursuant to section 4(g) of the Statutory Pay-As-You-Go Act
of 2010 (2 U.S.C. 933(g)).
(b) Designation in Senate.--In the Senate, this subtitle
and the amendments made by this subtitle are designated as an
emergency requirement pursuant to section 403(a) of S. Con.
Res. 13 (111th Congress), the concurrent resolution on the
budget for fiscal year 2010.
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