[Congressional Record Volume 162, Number 21 (Thursday, February 4, 2016)]
[Senate]
[Pages S675-S690]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 3280. Ms. CANTWELL submitted an amendment intended to be proposed 
to amendment SA 3077 submitted by Mr. Roberts (for himself and Mr. 
Boozman) and intended to be proposed to the 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:

       In lieu of the matter proposed to be stricken, insert the 
     following:

     SEC. 4501. STUDY ON ENERGY MARKET REGULATORY COORDINATION AND 
                   INFORMATION COLLECTION.

       (a) Study.--The Energy Information Administration, in 
     consultation with the Commodity Futures Trading Commission, 
     the Department of Energy, the Federal Trade Commission, and 
     the Federal Energy Regulatory Commission, shall conduct a 
     study--
       (1) to identify the factors that affect the pricing of 
     crude oil, refined petroleum products, natural gas, and 
     electricity; and
       (2) to review and assess--
       (A) existing statutory authorities and regulatory 
     coordination relating to the oversight and regulation of 
     markets critical to the energy security of the United States; 
     and
       (B) the need for additional information collection for and 
     statutory authority within the Federal Government to 
     effectively oversee and regulate physical markets critical to 
     the energy security of the United States.
       (b) Elements of Study.--The study shall include--
       (1) an examination of price formation of crude oil, refined 
     petroleum products, natural gas, and electricity in physical 
     markets;
       (2) an examination of relevant international regulatory 
     regimes;
       (3) an examination of changes in energy market 
     transparency, liquidity, and structure and the impact of 
     those changes on price formation in physical markets;
       (4) an examination of the effect of increased financial 
     investment in energy commodities on energy prices and the 
     energy security of the United States; and
       (5) an examination of the owners of the 50 largest volumes 
     of oil and natural gas, as well as storage and transportation 
     capacity for each.
       (c) Report and Recommendations.--The Energy Information 
     Administration shall issue a final report not later than 1 
     year after the date of enactment of this Act that--
       (1) describes the results of the study; and
       (2) provides options for appropriate additional Federal 
     regulatory coordination of oversight and regulatory actions 
     to ensure transparency of energy product pricing and the 
     elimination of excessive speculation, including 
     recommendations on data collection and analysis to be carried 
     out by the Energy Information Administration.
       (d) Consultation.--In conducting the study, the Energy 
     Information Administration shall consult, as appropriate, 
     with representatives of the various exchanges, 
     clearinghouses, self-regulatory bodies, other major market 
     participants, consumers, and the general public.
                                 ______
                                 
  SA 3281. Ms. MURKOWSKI submitted an amendment intended to be proposed 
to amendment SA 3263 submitted by Mr. Inhofe and intended to be 
proposed to the 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:

       In lieu of the matter proposed to be inserted, insert the 
     following:

        Subtitle I--Prevention and Protection From Lead Exposure

     SEC. 4801. DRINKING WATER INFRASTRUCTURE.

       (a) Definitions.--In this section:
       (1) Administrator.--The term ``Administrator'' means the 
     Administrator of the Environmental Protection Agency.
       (2) Eligible state.--The term ``eligible State'' means a 
     State for which the President has declared an emergency under 
     the Robert T. Stafford Disaster Relief and Emergency 
     Assistance Act (42 U.S.C. 5121 et seq.) relating to the 
     public health threats associated with the presence of lead or 
     other contaminants in a public drinking water supply system.

[[Page S676]]

       (3) Eligible system.--The term ``eligible system'' means a 
     public drinking water supply system that is the subject of an 
     emergency declaration referred to in paragraph (2).
       (b) State Revolving Loan Fund Assistance.--
       (1) In general.--An eligible system shall be--
       (A) considered to be a disadvantaged community under 
     section 1452(d) of the Safe Drinking Water Act (42 U.S.C. 
     300j-12(d)); and
       (B) eligible to receive loans with additional subsidization 
     under that Act (42 U.S.C. 300f et seq.), including 
     forgiveness of principal under section 1452(d)(1) of that Act 
     (42 U.S.C. 300j-12(d)(1)).
       (2) Authorization.--
       (A) In general.--Using funds provided under subsection 
     (f)(1)(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 under subparagraph (A) may 
     include additional subsidization under the Safe Drinking 
     Water Act (42 U.S.C. 300f et seq.), as described in paragraph 
     (1)(B).
       (3) Limitation.--Section 1452(d)(2) of the Safe Drinking 
     Water Act (42 U.S.C. 300j-12(d)(2)) shall not apply to--
       (A) any funds provided under subsection (f)(1)(A); or
       (B) any other loan provided to an eligible system.
       (c) Water Infrastructure Financing.--
       (1) Secured loans.--
       (A) In general.--The Administrator may make a secured loan 
     to an eligible State to carry out a project to address lead 
     or other contaminants in drinking water in an eligible 
     system.
       (B) Amount.--Notwithstanding section 5029(b)(2) of the 
     Water Infrastructure Finance and Innovation Act of 2014 (33 
     U.S.C. 3908(b)(2)), the amount of a secured loan provided 
     under subparagraph (A) may be equal to not more than 80 
     percent of the reasonably anticipated costs of the projects.
       (2) Federal involvement.--Notwithstanding section 
     5029(b)(9) of the Water Infrastructure Finance and Innovation 
     Act of 2014 (33 U.S.C. 3908(b)(9)), any costs for a project 
     to address lead or other contaminants in drinking water in an 
     eligible system that are not covered by a secured loan under 
     paragraph (1) may be covered using amounts in the State 
     revolving loan fund under section 1452 of the Safe Drinking 
     Water Act (42 U.S.C. 300j-12).
       (d) Asset Management Plan.--Any individual or entity that 
     carries out construction of infrastructure using assistance 
     provided under this section shall develop and implement, in 
     consultation with the Administrator and appropriate officials 
     of the applicable eligible State, a strategic and systematic 
     process of operating, maintaining, and improving affected 
     physical assets, with a focus on engineering and economic 
     analysis based on quality information, to identify a 
     structured sequence of maintenance, preservation, repair, 
     rehabilitation, and replacement actions that will achieve and 
     sustain a desired state of good repair during the lifecycle 
     of the assets at minimum practicable cost.
       (e) Nonduplication of Work.--An activity carried out 
     pursuant to this section shall not duplicate the work or 
     activity of any other Federal or State department or agency.
       (f) Funding.--
       (1) Additional srf capitalization grants.--
       (A) Appropriation.--There is appropriated to the 
     Administrator, out of any moneys in the Treasury not 
     otherwise appropriated, $50,000,000, to remain available for 
     obligation for 1 year after the date on which the amounts are 
     made available, to provide additional grants to eligible 
     States pursuant to section 1452 of the Safe Drinking Water 
     Act (42 U.S.C. 300j-12) for the purposes described in 
     subsection (b)(2).
       (B) Supplemented intended use plans.--The Administrator 
     shall disburse to an eligible State amounts made available 
     under subparagraph (A) by not later than 30 days after the 
     date on which the eligible State submits to the Administrator 
     a supplemented intended use plan under section 1452(b) of the 
     Safe Drinking Water Act (42 U.S.C. 300j-12(b)) that includes 
     preapplication information regarding projects to be funded 
     using the additional assistance, including, with respect to 
     each such project--
       (i) a description of the project;
       (ii) an explanation of the means by which the project will 
     address a situation causing a declared emergency in the 
     eligible State;
       (iii) the estimated cost of the project; and
       (iv) the projected start date for construction of the 
     project.
       (C) Unobligated amounts.--Any amounts made available to the 
     Administrator under subparagraph (A) that are unobligated on 
     the date that is 1 year after the date on which the amounts 
     are made available shall be available to carry out the Water 
     Infrastructure Finance and Innovation Act of 2014 (33 U.S.C. 
     3901 et seq.), to remain available until expended.
       (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) Appropriation.--There is appropriated to the 
     Administrator, out of any moneys in the Treasury not 
     otherwise appropriated, $50,000,000, to remain available 
     until expended, to provide credit subsidies and 
     administrative costs, in consultation with the Director of 
     the Office of Management and Budget, for secured loans under 
     subsection (c)(1)(A) in an amount equal to not more than 
     $600,000,000 to eligible States under the Water 
     Infrastructure Finance and Innovation Act of 2014 (33 U.S.C. 
     3901 et seq.).
       (B) Deadline.--The Administrator and the Director of the 
     Office of Management and Budget shall provide to an eligible 
     State a credit subsidy under subparagraph (A) by not later 
     than 60 days after the date of receipt of a loan application 
     from the eligible State.
       (C) Use.--Secured loans provided pursuant to subparagraph 
     (A) shall be available for activities to address lead and 
     other contaminants in drinking water, including repair and 
     replacement of public and private drinking water 
     infrastructure.
       (3) Applicability.--Unless explicitly waived, all 
     requirements under section 1450(e) of the Safe Drinking Water 
     Act (42 U.S.C.300j-9(e)) and the Water Infrastructure Finance 
     and Innovation Act of 2014 (33 U.S.C. 3901 et seq.) shall 
     apply to funding provided under this subsection.
       (g) Offset.--There is rescinded the unobligated balance of 
     amounts made available to carry out section 1703 of the 
     Energy Policy Act of 2005 (42 U.S.C. 16513).
       (h) Health Effects Evaluation.--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--
       (1) in coordination with other Federal departments and 
     agencies, as appropriate, conduct voluntary surveillance 
     activities to evaluate any adverse health effects on 
     individuals exposed to lead from drinking water; and
       (2) provide for those individuals consultations regarding 
     health issues relating to that exposure.

     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 emergency 
     declaration has been issued due to a threat to public health 
     from heightened exposure to lead in a municipal drinking 
     water supply, before the date of enactment of this Act: 
     Provided further, That in a State in which such an emergency 
     declaration has been issued, the State may use more than 20 
     percent of the funds made available under this title to the 
     State for Drinking Water State Revolving Fund capitalization 
     grants to provide additional subsidy to eligible 
     recipients;''.

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

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

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

[[Page S677]]

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

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

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

     SEC. 4804. CENTER OF EXCELLENCE ON LEAD EXPOSURE.

       (a) Definitions.--In this section:
       (1) Center.--The term ``Center'' means the Center of 
     Excellence on Lead Exposure established under subsection (b).
       (2) City.--The term ``City'' means a City that has been 
     exposed to lead through a water system or other source.
       (3) Community.--The term ``community'' means the community 
     of the City.
       (4) Secretary.--The term ``Secretary'' means the Secretary 
     of Health and Human Services.
       (5) State.--The term ``State'' means a State containing a 
     City that has been exposed to lead through a water system or 
     other source.
       (b) Establishment.--The Secretary may, by contract, grant, 
     or cooperative agreement, establish a center to be known as 
     the ``Center of Excellence on Lead Exposure''.
       (c) Collaboration.--The Center shall collaborate with 
     relevant Federal agencies, research institutions, hospitals, 
     Federally qualified health centers, school-based health 
     centers, community behavioral health providers, and State and 
     local public health agencies in the development and operation 
     of the Center.
       (d) Advisory Committee.--
       (1) In general.--The Center shall establish an advisory 
     committee to provide scientific and technical support for the 
     Center and to advise the Secretary, consisting of, at a 
     minimum--
       (A) an epidemiologist;
       (B) a toxicologist;
       (C) a mental health professional;
       (D) a pediatrician;
       (E) an early childhood education expert;
       (F) a special education expert;
       (G) a dietician;
       (H) an environmental health expert; and
       (I) 2 community representatives.
       (2) Application of faca.--The advisory committee shall be 
     subject to the Federal Advisory Committee Act (5 U.S.C. 
     App.).
       (e) Responsibilities.--The Center shall, at minimum, 
     develop and carry out the following components and 
     responsibilities:
       (1) Establish a health registry with the following 
     responsibilities:
       (A) Survey City residents on a voluntary basis about 
     exposure to lead, and inform City residents of the health and 
     developmental impacts that may have resulted from that 
     exposure.
       (B) Identify and provide ongoing monitoring for City 
     residents on a voluntary basis who have been exposed to lead.
       (C) Collect and analyze clinical data related to the 
     monitoring and treatment of City residents.
       (D) Provide culturally and linguistically relevant 
     personnel and materials necessary for City residents.
       (2) Without duplicating other Federal research efforts, 
     conduct or recommend that the Secretary conduct or support, 
     through a grant or contract, research on physical, 
     behavioral, and developmental impacts, as well as other 
     health or educational impacts associated with lead exposure, 
     including cancer, heart disease, liver disease, neurological 
     impacts, developmental delays, reproductive health impacts, 
     and maternal and fetal health impacts.
       (3) Without duplicating other Federal efforts, develop or 
     recommend that the Secretary develop or support the 
     development of, through a grant or contract, lead mitigation 
     recommendations and allocate resources, as appropriate, for 
     health-, education-, and nutrition-related interventions, as 
     well as other interventions, to mitigate lead exposure in 
     children and adults.
       (4) Establish a partnership with the Regional Center of 
     Excellence on Nutrition Education of the Department of 
     Agriculture to provide any relevant nutrition information for 
     lead mitigation, including--
       (A) identifying and implementing best practices in 
     nutrition education regarding lead-mitigating foods; and
       (B) making recommendations and conducting outreach to 
     improve access to lead-mitigating foods in the community.
       (5) Without duplicating other Federal efforts, conduct or 
     recommend that the Secretary conduct or support, through a 
     grant or contract, education and outreach efforts for the 
     City and State, including the following:
       (A) Create a publicly accessible website that provides, at 
     minimum, details about the health registry for City 
     residents, available testing and other services through the 
     Center for City residents and other communities impacted by 
     lead exposure, any relevant information regarding health and 
     educational impacts of lead exposure, any relevant 
     information on mitigation services, and any research 
     conducted through the Center.
       (B) Conduct at least 2 meetings annually in the City to 
     discuss the ongoing impact of lead exposure on residents and 
     solicit community input regarding ongoing mitigation needs.
       (C) Establish a navigation program to connect City 
     residents to available Federal, State, and local resources 
     and programs that assist with cognitive, developmental, and 
     health problems associated with lead exposure.
       (f) Report.--Annually, the Secretary shall submit to the 
     Committees on Finance, Health, Education, Labor, and 
     Pensions, 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--
       (1) assessing the impacts of the Center on City health and 
     education systems and outcomes;
       (2) describing any research conducted by or in connection 
     with the Center;
       (3) describing any mitigation tools used or developed by 
     the Center including outcomes; and
       (4) making any recommendations for the City, State, or 
     other communities impacted by lead exposure, as appropriate.
       (g) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section $20,000,000 for 
     each of fiscal years 2017 through 2026, to remain available 
     until expended.

     SEC. 4805. GAO REVIEW AND REPORT.

       (a) In General.--Not later than 1 year after the date of 
     enactment of this Act, the Attorney General and the Inspector 
     General of the Environmental Protection Agency shall submit 
     to the Committees on Appropriations, Environment and Public 
     Works, and Homeland Security and Governmental Affairs of the 
     Senate and the Committees on Appropriations, Energy and 
     Commerce, Transportation and Infrastructure, and Oversight 
     and Government Reform of the House of Representatives a 
     report on the status of any ongoing investigations into the 
     Federal and State response to the contamination of the 
     drinking water supply of the City of Flint, Michigan.
       (b) Review.--Not later than 30 days after the completion of 
     the investigations described in subsection (a), the 
     Comptroller General of the United States shall commence a 
     review of issues that are not addressed by the investigations 
     and relating to--
       (1) the adequacy of the response by the State of Michigan 
     and the City of Flint to the drinking water crisis in Flint, 
     Michigan, including the timeliness and transparency of the 
     response, as well as the capacity of the State and City to 
     manage the drinking water system; and
       (2) the adequacy of the response by Region 5 of the 
     Environmental Protection Agency to the drinking water crisis 
     in Flint, Michigan, including the timeliness and transparency 
     of the response.
       (c) Contents of Report.--Not later than 1 year after 
     commencing each review under subsection (b), the Comptroller 
     General of the United States shall submit to Congress a 
     report that includes--
       (1) a statement of the principal findings of the review; 
     and
       (2) recommendations for Congress and the President to take 
     any actions to prevent a similar situation in the future and 
     to protect public health.
                                 ______
                                 
  SA 3282. Ms. MURKOWSKI submitted an amendment intended to be proposed 
to amendment SA 3129 submitted by Ms. Stabenow (for herself and Mr. 
Peters) and intended to be proposed to the 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:

       In lieu of the matter proposed to be inserted, insert the 
     following:

        Subtitle I--Prevention and Protection From Lead Exposure

     SEC. 4801. DRINKING WATER INFRASTRUCTURE.

       (a) Definitions.--In this section:
       (1) Administrator.--The term ``Administrator'' means the 
     Administrator of the Environmental Protection Agency.
       (2) Eligible state.--The term ``eligible State'' means a 
     State for which the President has declared an emergency under 
     the Robert T. Stafford Disaster Relief and Emergency 
     Assistance Act (42 U.S.C. 5121 et seq.) relating to the 
     public health threats associated with the presence of lead or 
     other contaminants in a public drinking water supply system.
       (3) Eligible system.--The term ``eligible system'' means a 
     public drinking water supply system that is the subject of an 
     emergency declaration referred to in paragraph (2).
       (b) State Revolving Loan Fund Assistance.--
       (1) In general.--An eligible system shall be--
       (A) considered to be a disadvantaged community under 
     section 1452(d) of the Safe Drinking Water Act (42 U.S.C. 
     300j-12(d)); and
       (B) eligible to receive loans with additional subsidization 
     under that Act (42 U.S.C. 300f et seq.), including 
     forgiveness of principal under section 1452(d)(1) of that Act 
     (42 U.S.C. 300j-12(d)(1)).
       (2) Authorization.--
       (A) In general.--Using funds provided under subsection 
     (f)(1)(A), an eligible State

[[Page S678]]

     may provide assistance to an eligible system within the 
     eligible State, for the purpose of addressing lead or other 
     contaminants in drinking water, including repair and 
     replacement of public and private drinking water 
     infrastructure.
       (B) Inclusion.--Assistance under subparagraph (A) may 
     include additional subsidization under the Safe Drinking 
     Water Act (42 U.S.C. 300f et seq.), as described in paragraph 
     (1)(B).
       (3) Limitation.--Section 1452(d)(2) of the Safe Drinking 
     Water Act (42 U.S.C. 300j-12(d)(2)) shall not apply to--
       (A) any funds provided under subsection (f)(1)(A); or
       (B) any other loan provided to an eligible system.
       (c) Water Infrastructure Financing.--
       (1) Secured loans.--
       (A) In general.--The Administrator may make a secured loan 
     to an eligible State to carry out a project to address lead 
     or other contaminants in drinking water in an eligible 
     system.
       (B) Amount.--Notwithstanding section 5029(b)(2) of the 
     Water Infrastructure Finance and Innovation Act of 2014 (33 
     U.S.C. 3908(b)(2)), the amount of a secured loan provided 
     under subparagraph (A) may be equal to not more than 80 
     percent of the reasonably anticipated costs of the projects.
       (2) Federal involvement.--Notwithstanding section 
     5029(b)(9) of the Water Infrastructure Finance and Innovation 
     Act of 2014 (33 U.S.C. 3908(b)(9)), any costs for a project 
     to address lead or other contaminants in drinking water in an 
     eligible system that are not covered by a secured loan under 
     paragraph (1) may be covered using amounts in the State 
     revolving loan fund under section 1452 of the Safe Drinking 
     Water Act (42 U.S.C. 300j-12).
       (d) Asset Management Plan.--Any individual or entity that 
     carries out construction of infrastructure using assistance 
     provided under this section shall develop and implement, in 
     consultation with the Administrator and appropriate officials 
     of the applicable eligible State, a strategic and systematic 
     process of operating, maintaining, and improving affected 
     physical assets, with a focus on engineering and economic 
     analysis based on quality information, to identify a 
     structured sequence of maintenance, preservation, repair, 
     rehabilitation, and replacement actions that will achieve and 
     sustain a desired state of good repair during the lifecycle 
     of the assets at minimum practicable cost.
       (e) Nonduplication of Work.--An activity carried out 
     pursuant to this section shall not duplicate the work or 
     activity of any other Federal or State department or agency.
       (f) Funding.--
       (1) Additional srf capitalization grants.--
       (A) Appropriation.--There is appropriated to the 
     Administrator, out of any moneys in the Treasury not 
     otherwise appropriated, $50,000,000, to remain available for 
     obligation for 1 year after the date on which the amounts are 
     made available, to provide additional grants to eligible 
     States pursuant to section 1452 of the Safe Drinking Water 
     Act (42 U.S.C. 300j-12) for the purposes described in 
     subsection (b)(2).
       (B) Supplemented intended use plans.--The Administrator 
     shall disburse to an eligible State amounts made available 
     under subparagraph (A) by not later than 30 days after the 
     date on which the eligible State submits to the Administrator 
     a supplemented intended use plan under section 1452(b) of the 
     Safe Drinking Water Act (42 U.S.C. 300j-12(b)) that includes 
     preapplication information regarding projects to be funded 
     using the additional assistance, including, with respect to 
     each such project--
       (i) a description of the project;
       (ii) an explanation of the means by which the project will 
     address a situation causing a declared emergency in the 
     eligible State;
       (iii) the estimated cost of the project; and
       (iv) the projected start date for construction of the 
     project.
       (C) Unobligated amounts.--Any amounts made available to the 
     Administrator under subparagraph (A) that are unobligated on 
     the date that is 1 year after the date on which the amounts 
     are made available shall be available to carry out the Water 
     Infrastructure Finance and Innovation Act of 2014 (33 U.S.C. 
     3901 et seq.), to remain available until expended.
       (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) Appropriation.--There is appropriated to the 
     Administrator, out of any moneys in the Treasury not 
     otherwise appropriated, $50,000,000, to remain available 
     until expended, to provide credit subsidies and 
     administrative costs, in consultation with the Director of 
     the Office of Management and Budget, for secured loans under 
     subsection (c)(1)(A) in an amount equal to not more than 
     $600,000,000 to eligible States under the Water 
     Infrastructure Finance and Innovation Act of 2014 (33 U.S.C. 
     3901 et seq.).
       (B) Deadline.--The Administrator and the Director of the 
     Office of Management and Budget shall provide to an eligible 
     State a credit subsidy under subparagraph (A) by not later 
     than 60 days after the date of receipt of a loan application 
     from the eligible State.
       (C) Use.--Secured loans provided pursuant to subparagraph 
     (A) shall be available for activities to address lead and 
     other contaminants in drinking water, including repair and 
     replacement of public and private drinking water 
     infrastructure.
       (3) Applicability.--Unless explicitly waived, all 
     requirements under section 1450(e) of the Safe Drinking Water 
     Act (42 U.S.C.300j-9(e)) and the Water Infrastructure Finance 
     and Innovation Act of 2014 (33 U.S.C. 3901 et seq.) shall 
     apply to funding provided under this subsection.
       (g) Offset.--There is rescinded the unobligated balance of 
     amounts made available to carry out section 1703 of the 
     Energy Policy Act of 2005 (42 U.S.C. 16513).
       (h) Health Effects Evaluation.--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--
       (1) in coordination with other Federal departments and 
     agencies, as appropriate, conduct voluntary surveillance 
     activities to evaluate any adverse health effects on 
     individuals exposed to lead from drinking water; and
       (2) provide for those individuals consultations regarding 
     health issues relating to that exposure.

     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 emergency 
     declaration has been issued due to a threat to public health 
     from heightened exposure to lead in a municipal drinking 
     water supply, before the date of enactment of this Act: 
     Provided further, That in a State in which such an emergency 
     declaration has been issued, the State may use more than 20 
     percent of the funds made available under this title to the 
     State for Drinking Water State Revolving Fund capitalization 
     grants to provide additional subsidy to eligible 
     recipients;''.

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

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

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

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

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

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

[[Page S679]]

  


     SEC. 4804. CENTER OF EXCELLENCE ON LEAD EXPOSURE.

       (a) Definitions.--In this section:
       (1) Center.--The term ``Center'' means the Center of 
     Excellence on Lead Exposure established under subsection (b).
       (2) City.--The term ``City'' means a City that has been 
     exposed to lead through a water system or other source.
       (3) Community.--The term ``community'' means the community 
     of the City.
       (4) Secretary.--The term ``Secretary'' means the Secretary 
     of Health and Human Services.
       (5) State.--The term ``State'' means a State containing a 
     City that has been exposed to lead through a water system or 
     other source.
       (b) Establishment.--The Secretary may, by contract, grant, 
     or cooperative agreement, establish a center to be known as 
     the ``Center of Excellence on Lead Exposure''.
       (c) Collaboration.--The Center shall collaborate with 
     relevant Federal agencies, research institutions, hospitals, 
     Federally qualified health centers, school-based health 
     centers, community behavioral health providers, and State and 
     local public health agencies in the development and operation 
     of the Center.
       (d) Advisory Committee.--
       (1) In general.--The Center shall establish an advisory 
     committee to provide scientific and technical support for the 
     Center and to advise the Secretary, consisting of, at a 
     minimum--
       (A) an epidemiologist;
       (B) a toxicologist;
       (C) a mental health professional;
       (D) a pediatrician;
       (E) an early childhood education expert;
       (F) a special education expert;
       (G) a dietician;
       (H) an environmental health expert; and
       (I) 2 community representatives.
       (2) Application of faca.--The advisory committee shall be 
     subject to the Federal Advisory Committee Act (5 U.S.C. 
     App.).
       (e) Responsibilities.--The Center shall, at minimum, 
     develop and carry out the following components and 
     responsibilities:
       (1) Establish a health registry with the following 
     responsibilities:
       (A) Survey City residents on a voluntary basis about 
     exposure to lead, and inform City residents of the health and 
     developmental impacts that may have resulted from that 
     exposure.
       (B) Identify and provide ongoing monitoring for City 
     residents on a voluntary basis who have been exposed to lead.
       (C) Collect and analyze clinical data related to the 
     monitoring and treatment of City residents.
       (D) Provide culturally and linguistically relevant 
     personnel and materials necessary for City residents.
       (2) Without duplicating other Federal research efforts, 
     conduct or recommend that the Secretary conduct or support, 
     through a grant or contract, research on physical, 
     behavioral, and developmental impacts, as well as other 
     health or educational impacts associated with lead exposure, 
     including cancer, heart disease, liver disease, neurological 
     impacts, developmental delays, reproductive health impacts, 
     and maternal and fetal health impacts.
       (3) Without duplicating other Federal efforts, develop or 
     recommend that the Secretary develop or support the 
     development of, through a grant or contract, lead mitigation 
     recommendations and allocate resources, as appropriate, for 
     health-, education-, and nutrition-related interventions, as 
     well as other interventions, to mitigate lead exposure in 
     children and adults.
       (4) Establish a partnership with the Regional Center of 
     Excellence on Nutrition Education of the Department of 
     Agriculture to provide any relevant nutrition information for 
     lead mitigation, including--
       (A) identifying and implementing best practices in 
     nutrition education regarding lead-mitigating foods; and
       (B) making recommendations and conducting outreach to 
     improve access to lead-mitigating foods in the community.
       (5) Without duplicating other Federal efforts, conduct or 
     recommend that the Secretary conduct or support, through a 
     grant or contract, education and outreach efforts for the 
     City and State, including the following:
       (A) Create a publicly accessible website that provides, at 
     minimum, details about the health registry for City 
     residents, available testing and other services through the 
     Center for City residents and other communities impacted by 
     lead exposure, any relevant information regarding health and 
     educational impacts of lead exposure, any relevant 
     information on mitigation services, and any research 
     conducted through the Center.
       (B) Conduct at least 2 meetings annually in the City to 
     discuss the ongoing impact of lead exposure on residents and 
     solicit community input regarding ongoing mitigation needs.
       (C) Establish a navigation program to connect City 
     residents to available Federal, State, and local resources 
     and programs that assist with cognitive, developmental, and 
     health problems associated with lead exposure.
       (f) Report.--Annually, the Secretary shall submit to the 
     Committees on Finance, Health, Education, Labor, and 
     Pensions, 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--
       (1) assessing the impacts of the Center on City health and 
     education systems and outcomes;
       (2) describing any research conducted by or in connection 
     with the Center;
       (3) describing any mitigation tools used or developed by 
     the Center including outcomes; and
       (4) making any recommendations for the City, State, or 
     other communities impacted by lead exposure, as appropriate.
       (g) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section $20,000,000 for 
     each of fiscal years 2017 through 2026, to remain available 
     until expended.

     SEC. 4805. GAO REVIEW AND REPORT.

       (a) In General.--Not later than 1 year after the date of 
     enactment of this Act, the Attorney General and the Inspector 
     General of the Environmental Protection Agency shall submit 
     to the Committees on Appropriations, Environment and Public 
     Works, and Homeland Security and Governmental Affairs of the 
     Senate and the Committees on Appropriations, Energy and 
     Commerce, Transportation and Infrastructure, and Oversight 
     and Government Reform of the House of Representatives a 
     report on the status of any ongoing investigations into the 
     Federal and State response to the contamination of the 
     drinking water supply of the City of Flint, Michigan.
       (b) Review.--Not later than 30 days after the completion of 
     the investigations described in subsection (a), the 
     Comptroller General of the United States shall commence a 
     review of issues that are not addressed by the investigations 
     and relating to--
       (1) the adequacy of the response by the State of Michigan 
     and the City of Flint to the drinking water crisis in Flint, 
     Michigan, including the timeliness and transparency of the 
     response, as well as the capacity of the State and City to 
     manage the drinking water system; and
       (2) the adequacy of the response by Region 5 of the 
     Environmental Protection Agency to the drinking water crisis 
     in Flint, Michigan, including the timeliness and transparency 
     of the response.
       (c) Contents of Report.--Not later than 1 year after 
     commencing each review under subsection (b), the Comptroller 
     General of the United States shall submit to Congress a 
     report that includes--
       (1) a statement of the principal findings of the review; 
     and
       (2) recommendations for Congress and the President to take 
     any actions to prevent a similar situation in the future and 
     to protect public health.
                                 ______
                                 
  SA 3283. Ms. MURKOWSKI submitted an amendment intended to be proposed 
to amendment SA 3247 submitted by Ms. Stabenow (for herself and Mr. 
Peters) and intended to be proposed to the 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:

       In lieu of the matter proposed to be inserted, insert the 
     following:

        Subtitle I--Prevention and Protection From Lead Exposure

     SEC. 4801. DRINKING WATER INFRASTRUCTURE.

       (a) Definitions.--In this section:
       (1) Administrator.--The term ``Administrator'' means the 
     Administrator of the Environmental Protection Agency.
       (2) Eligible state.--The term ``eligible State'' means a 
     State for which the President has declared an emergency under 
     the Robert T. Stafford Disaster Relief and Emergency 
     Assistance Act (42 U.S.C. 5121 et seq.) relating to the 
     public health threats associated with the presence of lead or 
     other contaminants in a public drinking water supply system.
       (3) Eligible system.--The term ``eligible system'' means a 
     public drinking water supply system that is the subject of an 
     emergency declaration referred to in paragraph (2).
       (b) State Revolving Loan Fund Assistance.--
       (1) In general.--An eligible system shall be--
       (A) considered to be a disadvantaged community under 
     section 1452(d) of the Safe Drinking Water Act (42 U.S.C. 
     300j-12(d)); and
       (B) eligible to receive loans with additional subsidization 
     under that Act (42 U.S.C. 300f et seq.), including 
     forgiveness of principal under section 1452(d)(1) of that Act 
     (42 U.S.C. 300j-12(d)(1)).
       (2) Authorization.--
       (A) In general.--Using funds provided under subsection 
     (f)(1)(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 under subparagraph (A) may 
     include additional subsidization under the Safe Drinking 
     Water Act (42 U.S.C. 300f et seq.), as described in paragraph 
     (1)(B).
       (3) Limitation.--Section 1452(d)(2) of the Safe Drinking 
     Water Act (42 U.S.C. 300j-12(d)(2)) shall not apply to--
       (A) any funds provided under subsection (f)(1)(A); or
       (B) any other loan provided to an eligible system.

[[Page S680]]

       (c) Water Infrastructure Financing.--
       (1) Secured loans.--
       (A) In general.--The Administrator may make a secured loan 
     to an eligible State to carry out a project to address lead 
     or other contaminants in drinking water in an eligible 
     system.
       (B) Amount.--Notwithstanding section 5029(b)(2) of the 
     Water Infrastructure Finance and Innovation Act of 2014 (33 
     U.S.C. 3908(b)(2)), the amount of a secured loan provided 
     under subparagraph (A) may be equal to not more than 80 
     percent of the reasonably anticipated costs of the projects.
       (2) Federal involvement.--Notwithstanding section 
     5029(b)(9) of the Water Infrastructure Finance and Innovation 
     Act of 2014 (33 U.S.C. 3908(b)(9)), any costs for a project 
     to address lead or other contaminants in drinking water in an 
     eligible system that are not covered by a secured loan under 
     paragraph (1) may be covered using amounts in the State 
     revolving loan fund under section 1452 of the Safe Drinking 
     Water Act (42 U.S.C. 300j-12).
       (d) Asset Management Plan.--Any individual or entity that 
     carries out construction of infrastructure using assistance 
     provided under this section shall develop and implement, in 
     consultation with the Administrator and appropriate officials 
     of the applicable eligible State, a strategic and systematic 
     process of operating, maintaining, and improving affected 
     physical assets, with a focus on engineering and economic 
     analysis based on quality information, to identify a 
     structured sequence of maintenance, preservation, repair, 
     rehabilitation, and replacement actions that will achieve and 
     sustain a desired state of good repair during the lifecycle 
     of the assets at minimum practicable cost.
       (e) Nonduplication of Work.--An activity carried out 
     pursuant to this section shall not duplicate the work or 
     activity of any other Federal or State department or agency.
       (f) Funding.--
       (1) Additional srf capitalization grants.--
       (A) Appropriation.--There is appropriated to the 
     Administrator, out of any moneys in the Treasury not 
     otherwise appropriated, $50,000,000, to remain available for 
     obligation for 1 year after the date on which the amounts are 
     made available, to provide additional grants to eligible 
     States pursuant to section 1452 of the Safe Drinking Water 
     Act (42 U.S.C. 300j-12) for the purposes described in 
     subsection (b)(2).
       (B) Supplemented intended use plans.--The Administrator 
     shall disburse to an eligible State amounts made available 
     under subparagraph (A) by not later than 30 days after the 
     date on which the eligible State submits to the Administrator 
     a supplemented intended use plan under section 1452(b) of the 
     Safe Drinking Water Act (42 U.S.C. 300j-12(b)) that includes 
     preapplication information regarding projects to be funded 
     using the additional assistance, including, with respect to 
     each such project--
       (i) a description of the project;
       (ii) an explanation of the means by which the project will 
     address a situation causing a declared emergency in the 
     eligible State;
       (iii) the estimated cost of the project; and
       (iv) the projected start date for construction of the 
     project.
       (C) Unobligated amounts.--Any amounts made available to the 
     Administrator under subparagraph (A) that are unobligated on 
     the date that is 1 year after the date on which the amounts 
     are made available shall be available to carry out the Water 
     Infrastructure Finance and Innovation Act of 2014 (33 U.S.C. 
     3901 et seq.), to remain available until expended.
       (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) Appropriation.--There is appropriated to the 
     Administrator, out of any moneys in the Treasury not 
     otherwise appropriated, $50,000,000, to remain available 
     until expended, to provide credit subsidies and 
     administrative costs, in consultation with the Director of 
     the Office of Management and Budget, for secured loans under 
     subsection (c)(1)(A) in an amount equal to not more than 
     $600,000,000 to eligible States under the Water 
     Infrastructure Finance and Innovation Act of 2014 (33 U.S.C. 
     3901 et seq.).
       (B) Deadline.--The Administrator and the Director of the 
     Office of Management and Budget shall provide to an eligible 
     State a credit subsidy under subparagraph (A) by not later 
     than 60 days after the date of receipt of a loan application 
     from the eligible State.
       (C) Use.--Secured loans provided pursuant to subparagraph 
     (A) shall be available for activities to address lead and 
     other contaminants in drinking water, including repair and 
     replacement of public and private drinking water 
     infrastructure.
       (3) Applicability.--Unless explicitly waived, all 
     requirements under section 1450(e) of the Safe Drinking Water 
     Act (42 U.S.C.300j-9(e)) and the Water Infrastructure Finance 
     and Innovation Act of 2014 (33 U.S.C. 3901 et seq.) shall 
     apply to funding provided under this subsection.
       (g) Offset.--There is rescinded the unobligated balance of 
     amounts made available to carry out section 1703 of the 
     Energy Policy Act of 2005 (42 U.S.C. 16513).
       (h) Health Effects Evaluation.--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--
       (1) in coordination with other Federal departments and 
     agencies, as appropriate, conduct voluntary surveillance 
     activities to evaluate any adverse health effects on 
     individuals exposed to lead from drinking water; and
       (2) provide for those individuals consultations regarding 
     health issues relating to that exposure.

     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 emergency 
     declaration has been issued due to a threat to public health 
     from heightened exposure to lead in a municipal drinking 
     water supply, before the date of enactment of this Act: 
     Provided further, That in a State in which such an emergency 
     declaration has been issued, the State may use more than 20 
     percent of the funds made available under this title to the 
     State for Drinking Water State Revolving Fund capitalization 
     grants to provide additional subsidy to eligible 
     recipients;''.

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

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

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

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

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

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

     SEC. 4804. CENTER OF EXCELLENCE ON LEAD EXPOSURE.

       (a) Definitions.--In this section:
       (1) Center.--The term ``Center'' means the Center of 
     Excellence on Lead Exposure established under subsection (b).
       (2) City.--The term ``City'' means a City that has been 
     exposed to lead through a water system or other source.
       (3) Community.--The term ``community'' means the community 
     of the City.
       (4) Secretary.--The term ``Secretary'' means the Secretary 
     of Health and Human Services.
       (5) State.--The term ``State'' means a State containing a 
     City that has been exposed to lead through a water system or 
     other source.

[[Page S681]]

       (b) Establishment.--The Secretary may, by contract, grant, 
     or cooperative agreement, establish a center to be known as 
     the ``Center of Excellence on Lead Exposure''.
       (c) Collaboration.--The Center shall collaborate with 
     relevant Federal agencies, research institutions, hospitals, 
     Federally qualified health centers, school-based health 
     centers, community behavioral health providers, and State and 
     local public health agencies in the development and operation 
     of the Center.
       (d) Advisory Committee.--
       (1) In general.--The Center shall establish an advisory 
     committee to provide scientific and technical support for the 
     Center and to advise the Secretary, consisting of, at a 
     minimum--
       (A) an epidemiologist;
       (B) a toxicologist;
       (C) a mental health professional;
       (D) a pediatrician;
       (E) an early childhood education expert;
       (F) a special education expert;
       (G) a dietician;
       (H) an environmental health expert; and
       (I) 2 community representatives.
       (2) Application of faca.--The advisory committee shall be 
     subject to the Federal Advisory Committee Act (5 U.S.C. 
     App.).
       (e) Responsibilities.--The Center shall, at minimum, 
     develop and carry out the following components and 
     responsibilities:
       (1) Establish a health registry with the following 
     responsibilities:
       (A) Survey City residents on a voluntary basis about 
     exposure to lead, and inform City residents of the health and 
     developmental impacts that may have resulted from that 
     exposure.
       (B) Identify and provide ongoing monitoring for City 
     residents on a voluntary basis who have been exposed to lead.
       (C) Collect and analyze clinical data related to the 
     monitoring and treatment of City residents.
       (D) Provide culturally and linguistically relevant 
     personnel and materials necessary for City residents.
       (2) Without duplicating other Federal research efforts, 
     conduct or recommend that the Secretary conduct or support, 
     through a grant or contract, research on physical, 
     behavioral, and developmental impacts, as well as other 
     health or educational impacts associated with lead exposure, 
     including cancer, heart disease, liver disease, neurological 
     impacts, developmental delays, reproductive health impacts, 
     and maternal and fetal health impacts.
       (3) Without duplicating other Federal efforts, develop or 
     recommend that the Secretary develop or support the 
     development of, through a grant or contract, lead mitigation 
     recommendations and allocate resources, as appropriate, for 
     health-, education-, and nutrition-related interventions, as 
     well as other interventions, to mitigate lead exposure in 
     children and adults.
       (4) Establish a partnership with the Regional Center of 
     Excellence on Nutrition Education of the Department of 
     Agriculture to provide any relevant nutrition information for 
     lead mitigation, including--
       (A) identifying and implementing best practices in 
     nutrition education regarding lead-mitigating foods; and
       (B) making recommendations and conducting outreach to 
     improve access to lead-mitigating foods in the community.
       (5) Without duplicating other Federal efforts, conduct or 
     recommend that the Secretary conduct or support, through a 
     grant or contract, education and outreach efforts for the 
     City and State, including the following:
       (A) Create a publicly accessible website that provides, at 
     minimum, details about the health registry for City 
     residents, available testing and other services through the 
     Center for City residents and other communities impacted by 
     lead exposure, any relevant information regarding health and 
     educational impacts of lead exposure, any relevant 
     information on mitigation services, and any research 
     conducted through the Center.
       (B) Conduct at least 2 meetings annually in the City to 
     discuss the ongoing impact of lead exposure on residents and 
     solicit community input regarding ongoing mitigation needs.
       (C) Establish a navigation program to connect City 
     residents to available Federal, State, and local resources 
     and programs that assist with cognitive, developmental, and 
     health problems associated with lead exposure.
       (f) Report.--Annually, the Secretary shall submit to the 
     Committees on Finance, Health, Education, Labor, and 
     Pensions, 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--
       (1) assessing the impacts of the Center on City health and 
     education systems and outcomes;
       (2) describing any research conducted by or in connection 
     with the Center;
       (3) describing any mitigation tools used or developed by 
     the Center including outcomes; and
       (4) making any recommendations for the City, State, or 
     other communities impacted by lead exposure, as appropriate.
       (g) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section $20,000,000 for 
     each of fiscal years 2017 through 2026, to remain available 
     until expended.

     SEC. 4805. GAO REVIEW AND REPORT.

       (a) In General.--Not later than 1 year after the date of 
     enactment of this Act, the Attorney General and the Inspector 
     General of the Environmental Protection Agency shall submit 
     to the Committees on Appropriations, Environment and Public 
     Works, and Homeland Security and Governmental Affairs of the 
     Senate and the Committees on Appropriations, Energy and 
     Commerce, Transportation and Infrastructure, and Oversight 
     and Government Reform of the House of Representatives a 
     report on the status of any ongoing investigations into the 
     Federal and State response to the contamination of the 
     drinking water supply of the City of Flint, Michigan.
       (b) Review.--Not later than 30 days after the completion of 
     the investigations described in subsection (a), the 
     Comptroller General of the United States shall commence a 
     review of issues that are not addressed by the investigations 
     and relating to--
       (1) the adequacy of the response by the State of Michigan 
     and the City of Flint to the drinking water crisis in Flint, 
     Michigan, including the timeliness and transparency of the 
     response, as well as the capacity of the State and City to 
     manage the drinking water system; and
       (2) the adequacy of the response by Region 5 of the 
     Environmental Protection Agency to the drinking water crisis 
     in Flint, Michigan, including the timeliness and transparency 
     of the response.
       (c) Contents of Report.--Not later than 1 year after 
     commencing each review under subsection (b), the Comptroller 
     General of the United States shall submit to Congress a 
     report that includes--
       (1) a statement of the principal findings of the review; 
     and
       (2) recommendations for Congress and the President to take 
     any actions to prevent a similar situation in the future and 
     to protect public health.
                                 ______
                                 
  SA 3284. Ms. MURKOWSKI submitted an amendment intended to be proposed 
to amendment SA 3248 submitted by Ms. Stabenow (for herself and Mr. 
Peters) and intended to be proposed to the 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:

       In lieu of the matter proposed to be inserted, insert the 
     following:

        Subtitle I--Prevention and Protection From Lead Exposure

     SEC. 4801. DRINKING WATER INFRASTRUCTURE.

       (a) Definitions.--In this section:
       (1) Administrator.--The term ``Administrator'' means the 
     Administrator of the Environmental Protection Agency.
       (2) Eligible state.--The term ``eligible State'' means a 
     State for which the President has declared an emergency under 
     the Robert T. Stafford Disaster Relief and Emergency 
     Assistance Act (42 U.S.C. 5121 et seq.) relating to the 
     public health threats associated with the presence of lead or 
     other contaminants in a public drinking water supply system.
       (3) Eligible system.--The term ``eligible system'' means a 
     public drinking water supply system that is the subject of an 
     emergency declaration referred to in paragraph (2).
       (b) State Revolving Loan Fund Assistance.--
       (1) In general.--An eligible system shall be--
       (A) considered to be a disadvantaged community under 
     section 1452(d) of the Safe Drinking Water Act (42 U.S.C. 
     300j-12(d)); and
       (B) eligible to receive loans with additional subsidization 
     under that Act (42 U.S.C. 300f et seq.), including 
     forgiveness of principal under section 1452(d)(1) of that Act 
     (42 U.S.C. 300j-12(d)(1)).
       (2) Authorization.--
       (A) In general.--Using funds provided under subsection 
     (f)(1)(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 under subparagraph (A) may 
     include additional subsidization under the Safe Drinking 
     Water Act (42 U.S.C. 300f et seq.), as described in paragraph 
     (1)(B).
       (3) Limitation.--Section 1452(d)(2) of the Safe Drinking 
     Water Act (42 U.S.C. 300j-12(d)(2)) shall not apply to--
       (A) any funds provided under subsection (f)(1)(A); or
       (B) any other loan provided to an eligible system.
       (c) Water Infrastructure Financing.--
       (1) Secured loans.--
       (A) In general.--The Administrator may make a secured loan 
     to an eligible State to carry out a project to address lead 
     or other contaminants in drinking water in an eligible 
     system.
       (B) Amount.--Notwithstanding section 5029(b)(2) of the 
     Water Infrastructure Finance and Innovation Act of 2014 (33 
     U.S.C. 3908(b)(2)), the amount of a secured loan provided 
     under subparagraph (A) may be equal to not more than 80 
     percent of the reasonably anticipated costs of the projects.
       (2) Federal involvement.--Notwithstanding section 
     5029(b)(9) of the Water Infrastructure Finance and Innovation 
     Act of 2014

[[Page S682]]

     (33 U.S.C. 3908(b)(9)), any costs for a project to address 
     lead or other contaminants in drinking water in an eligible 
     system that are not covered by a secured loan under paragraph 
     (1) may be covered using amounts in the State revolving loan 
     fund under section 1452 of the Safe Drinking Water Act (42 
     U.S.C. 300j-12).
       (d) Asset Management Plan.--Any individual or entity that 
     carries out construction of infrastructure using assistance 
     provided under this section shall develop and implement, in 
     consultation with the Administrator and appropriate officials 
     of the applicable eligible State, a strategic and systematic 
     process of operating, maintaining, and improving affected 
     physical assets, with a focus on engineering and economic 
     analysis based on quality information, to identify a 
     structured sequence of maintenance, preservation, repair, 
     rehabilitation, and replacement actions that will achieve and 
     sustain a desired state of good repair during the lifecycle 
     of the assets at minimum practicable cost.
       (e) Nonduplication of Work.--An activity carried out 
     pursuant to this section shall not duplicate the work or 
     activity of any other Federal or State department or agency.
       (f) Funding.--
       (1) Additional srf capitalization grants.--
       (A) Appropriation.--There is appropriated to the 
     Administrator, out of any moneys in the Treasury not 
     otherwise appropriated, $50,000,000, to remain available for 
     obligation for 1 year after the date on which the amounts are 
     made available, to provide additional grants to eligible 
     States pursuant to section 1452 of the Safe Drinking Water 
     Act (42 U.S.C. 300j-12) for the purposes described in 
     subsection (b)(2).
       (B) Supplemented intended use plans.--The Administrator 
     shall disburse to an eligible State amounts made available 
     under subparagraph (A) by not later than 30 days after the 
     date on which the eligible State submits to the Administrator 
     a supplemented intended use plan under section 1452(b) of the 
     Safe Drinking Water Act (42 U.S.C. 300j-12(b)) that includes 
     preapplication information regarding projects to be funded 
     using the additional assistance, including, with respect to 
     each such project--
       (i) a description of the project;
       (ii) an explanation of the means by which the project will 
     address a situation causing a declared emergency in the 
     eligible State;
       (iii) the estimated cost of the project; and
       (iv) the projected start date for construction of the 
     project.
       (C) Unobligated amounts.--Any amounts made available to the 
     Administrator under subparagraph (A) that are unobligated on 
     the date that is 1 year after the date on which the amounts 
     are made available shall be available to carry out the Water 
     Infrastructure Finance and Innovation Act of 2014 (33 U.S.C. 
     3901 et seq.), to remain available until expended.
       (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) Appropriation.--There is appropriated to the 
     Administrator, out of any moneys in the Treasury not 
     otherwise appropriated, $50,000,000, to remain available 
     until expended, to provide credit subsidies and 
     administrative costs, in consultation with the Director of 
     the Office of Management and Budget, for secured loans under 
     subsection (c)(1)(A) in an amount equal to not more than 
     $600,000,000 to eligible States under the Water 
     Infrastructure Finance and Innovation Act of 2014 (33 U.S.C. 
     3901 et seq.).
       (B) Deadline.--The Administrator and the Director of the 
     Office of Management and Budget shall provide to an eligible 
     State a credit subsidy under subparagraph (A) by not later 
     than 60 days after the date of receipt of a loan application 
     from the eligible State.
       (C) Use.--Secured loans provided pursuant to subparagraph 
     (A) shall be available for activities to address lead and 
     other contaminants in drinking water, including repair and 
     replacement of public and private drinking water 
     infrastructure.
       (3) Applicability.--Unless explicitly waived, all 
     requirements under section 1450(e) of the Safe Drinking Water 
     Act (42 U.S.C.300j-9(e)) and the Water Infrastructure Finance 
     and Innovation Act of 2014 (33 U.S.C. 3901 et seq.) shall 
     apply to funding provided under this subsection.
       (g) Offset.--There is rescinded the unobligated balance of 
     amounts made available to carry out section 1703 of the 
     Energy Policy Act of 2005 (42 U.S.C. 16513).
       (h) Health Effects Evaluation.--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--
       (1) in coordination with other Federal departments and 
     agencies, as appropriate, conduct voluntary surveillance 
     activities to evaluate any adverse health effects on 
     individuals exposed to lead from drinking water; and
       (2) provide for those individuals consultations regarding 
     health issues relating to that exposure.

     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 emergency 
     declaration has been issued due to a threat to public health 
     from heightened exposure to lead in a municipal drinking 
     water supply, before the date of enactment of this Act: 
     Provided further, That in a State in which such an emergency 
     declaration has been issued, the State may use more than 20 
     percent of the funds made available under this title to the 
     State for Drinking Water State Revolving Fund capitalization 
     grants to provide additional subsidy to eligible 
     recipients;''.

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

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

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

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

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

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

     SEC. 4804. CENTER OF EXCELLENCE ON LEAD EXPOSURE.

       (a) Definitions.--In this section:
       (1) Center.--The term ``Center'' means the Center of 
     Excellence on Lead Exposure established under subsection (b).
       (2) City.--The term ``City'' means a City that has been 
     exposed to lead through a water system or other source.
       (3) Community.--The term ``community'' means the community 
     of the City.
       (4) Secretary.--The term ``Secretary'' means the Secretary 
     of Health and Human Services.
       (5) State.--The term ``State'' means a State containing a 
     City that has been exposed to lead through a water system or 
     other source.
       (b) Establishment.--The Secretary may, by contract, grant, 
     or cooperative agreement, establish a center to be known as 
     the ``Center of Excellence on Lead Exposure''.
       (c) Collaboration.--The Center shall collaborate with 
     relevant Federal agencies, research institutions, hospitals, 
     Federally qualified health centers, school-based health 
     centers, community behavioral health providers, and State and 
     local public health agencies in the development and operation 
     of the Center.
       (d) Advisory Committee.--
       (1) In general.--The Center shall establish an advisory 
     committee to provide scientific and technical support for the 
     Center and to

[[Page S683]]

     advise the Secretary, consisting of, at a minimum--
       (A) an epidemiologist;
       (B) a toxicologist;
       (C) a mental health professional;
       (D) a pediatrician;
       (E) an early childhood education expert;
       (F) a special education expert;
       (G) a dietician;
       (H) an environmental health expert; and
       (I) 2 community representatives.
       (2) Application of faca.--The advisory committee shall be 
     subject to the Federal Advisory Committee Act (5 U.S.C. 
     App.).
       (e) Responsibilities.--The Center shall, at minimum, 
     develop and carry out the following components and 
     responsibilities:
       (1) Establish a health registry with the following 
     responsibilities:
       (A) Survey City residents on a voluntary basis about 
     exposure to lead, and inform City residents of the health and 
     developmental impacts that may have resulted from that 
     exposure.
       (B) Identify and provide ongoing monitoring for City 
     residents on a voluntary basis who have been exposed to lead.
       (C) Collect and analyze clinical data related to the 
     monitoring and treatment of City residents.
       (D) Provide culturally and linguistically relevant 
     personnel and materials necessary for City residents.
       (2) Without duplicating other Federal research efforts, 
     conduct or recommend that the Secretary conduct or support, 
     through a grant or contract, research on physical, 
     behavioral, and developmental impacts, as well as other 
     health or educational impacts associated with lead exposure, 
     including cancer, heart disease, liver disease, neurological 
     impacts, developmental delays, reproductive health impacts, 
     and maternal and fetal health impacts.
       (3) Without duplicating other Federal efforts, develop or 
     recommend that the Secretary develop or support the 
     development of, through a grant or contract, lead mitigation 
     recommendations and allocate resources, as appropriate, for 
     health-, education-, and nutrition-related interventions, as 
     well as other interventions, to mitigate lead exposure in 
     children and adults.
       (4) Establish a partnership with the Regional Center of 
     Excellence on Nutrition Education of the Department of 
     Agriculture to provide any relevant nutrition information for 
     lead mitigation, including--
       (A) identifying and implementing best practices in 
     nutrition education regarding lead-mitigating foods; and
       (B) making recommendations and conducting outreach to 
     improve access to lead-mitigating foods in the community.
       (5) Without duplicating other Federal efforts, conduct or 
     recommend that the Secretary conduct or support, through a 
     grant or contract, education and outreach efforts for the 
     City and State, including the following:
       (A) Create a publicly accessible website that provides, at 
     minimum, details about the health registry for City 
     residents, available testing and other services through the 
     Center for City residents and other communities impacted by 
     lead exposure, any relevant information regarding health and 
     educational impacts of lead exposure, any relevant 
     information on mitigation services, and any research 
     conducted through the Center.
       (B) Conduct at least 2 meetings annually in the City to 
     discuss the ongoing impact of lead exposure on residents and 
     solicit community input regarding ongoing mitigation needs.
       (C) Establish a navigation program to connect City 
     residents to available Federal, State, and local resources 
     and programs that assist with cognitive, developmental, and 
     health problems associated with lead exposure.
       (f) Report.--Annually, the Secretary shall submit to the 
     Committees on Finance, Health, Education, Labor, and 
     Pensions, 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--
       (1) assessing the impacts of the Center on City health and 
     education systems and outcomes;
       (2) describing any research conducted by or in connection 
     with the Center;
       (3) describing any mitigation tools used or developed by 
     the Center including outcomes; and
       (4) making any recommendations for the City, State, or 
     other communities impacted by lead exposure, as appropriate.
       (g) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section $20,000,000 for 
     each of fiscal years 2017 through 2026, to remain available 
     until expended.

     SEC. 4805. GAO REVIEW AND REPORT.

       (a) In General.--Not later than 1 year after the date of 
     enactment of this Act, the Attorney General and the Inspector 
     General of the Environmental Protection Agency shall submit 
     to the Committees on Appropriations, Environment and Public 
     Works, and Homeland Security and Governmental Affairs of the 
     Senate and the Committees on Appropriations, Energy and 
     Commerce, Transportation and Infrastructure, and Oversight 
     and Government Reform of the House of Representatives a 
     report on the status of any ongoing investigations into the 
     Federal and State response to the contamination of the 
     drinking water supply of the City of Flint, Michigan.
       (b) Review.--Not later than 30 days after the completion of 
     the investigations described in subsection (a), the 
     Comptroller General of the United States shall commence a 
     review of issues that are not addressed by the investigations 
     and relating to--
       (1) the adequacy of the response by the State of Michigan 
     and the City of Flint to the drinking water crisis in Flint, 
     Michigan, including the timeliness and transparency of the 
     response, as well as the capacity of the State and City to 
     manage the drinking water system; and
       (2) the adequacy of the response by Region 5 of the 
     Environmental Protection Agency to the drinking water crisis 
     in Flint, Michigan, including the timeliness and transparency 
     of the response.
       (c) Contents of Report.--Not later than 1 year after 
     commencing each review under subsection (b), the Comptroller 
     General of the United States shall submit to Congress a 
     report that includes--
       (1) a statement of the principal findings of the review; 
     and
       (2) recommendations for Congress and the President to take 
     any actions to prevent a similar situation in the future and 
     to protect public health.
                                 ______
                                 
  SA 3285. Ms. MURKOWSKI submitted an amendment intended to be proposed 
to amendment SA 3249 submitted by Ms. Stabenow (for herself and Mr. 
Peters) and intended to be proposed to the 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:

       In lieu of the matter proposed to be inserted, insert the 
     following:

        Subtitle I--Prevention and Protection From Lead Exposure

     SEC. 4801. DRINKING WATER INFRASTRUCTURE.

       (a) Definitions.--In this section:
       (1) Administrator.--The term ``Administrator'' means the 
     Administrator of the Environmental Protection Agency.
       (2) Eligible state.--The term ``eligible State'' means a 
     State for which the President has declared an emergency under 
     the Robert T. Stafford Disaster Relief and Emergency 
     Assistance Act (42 U.S.C. 5121 et seq.) relating to the 
     public health threats associated with the presence of lead or 
     other contaminants in a public drinking water supply system.
       (3) Eligible system.--The term ``eligible system'' means a 
     public drinking water supply system that is the subject of an 
     emergency declaration referred to in paragraph (2).
       (b) State Revolving Loan Fund Assistance.--
       (1) In general.--An eligible system shall be--
       (A) considered to be a disadvantaged community under 
     section 1452(d) of the Safe Drinking Water Act (42 U.S.C. 
     300j-12(d)); and
       (B) eligible to receive loans with additional subsidization 
     under that Act (42 U.S.C. 300f et seq.), including 
     forgiveness of principal under section 1452(d)(1) of that Act 
     (42 U.S.C. 300j-12(d)(1)).
       (2) Authorization.--
       (A) In general.--Using funds provided under subsection 
     (f)(1)(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 under subparagraph (A) may 
     include additional subsidization under the Safe Drinking 
     Water Act (42 U.S.C. 300f et seq.), as described in paragraph 
     (1)(B).
       (3) Limitation.--Section 1452(d)(2) of the Safe Drinking 
     Water Act (42 U.S.C. 300j-12(d)(2)) shall not apply to--
       (A) any funds provided under subsection (f)(1)(A); or
       (B) any other loan provided to an eligible system.
       (c) Water Infrastructure Financing.--
       (1) Secured loans.--
       (A) In general.--The Administrator may make a secured loan 
     to an eligible State to carry out a project to address lead 
     or other contaminants in drinking water in an eligible 
     system.
       (B) Amount.--Notwithstanding section 5029(b)(2) of the 
     Water Infrastructure Finance and Innovation Act of 2014 (33 
     U.S.C. 3908(b)(2)), the amount of a secured loan provided 
     under subparagraph (A) may be equal to not more than 80 
     percent of the reasonably anticipated costs of the projects.
       (2) Federal involvement.--Notwithstanding section 
     5029(b)(9) of the Water Infrastructure Finance and Innovation 
     Act of 2014 (33 U.S.C. 3908(b)(9)), any costs for a project 
     to address lead or other contaminants in drinking water in an 
     eligible system that are not covered by a secured loan under 
     paragraph (1) may be covered using amounts in the State 
     revolving loan fund under section 1452 of the Safe Drinking 
     Water Act (42 U.S.C. 300j-12).
       (d) Asset Management Plan.--Any individual or entity that 
     carries out construction of infrastructure using assistance 
     provided under this section shall develop and implement, in 
     consultation with the Administrator and appropriate officials 
     of the applicable eligible State, a strategic and systematic 
     process of operating, maintaining,

[[Page S684]]

     and improving affected physical assets, with a focus on 
     engineering and economic analysis based on quality 
     information, to identify a structured sequence of 
     maintenance, preservation, repair, rehabilitation, and 
     replacement actions that will achieve and sustain a desired 
     state of good repair during the lifecycle of the assets at 
     minimum practicable cost.
       (e) Nonduplication of Work.--An activity carried out 
     pursuant to this section shall not duplicate the work or 
     activity of any other Federal or State department or agency.
       (f) Funding.--
       (1) Additional srf capitalization grants.--
       (A) Appropriation.--There is appropriated to the 
     Administrator, out of any moneys in the Treasury not 
     otherwise appropriated, $50,000,000, to remain available for 
     obligation for 1 year after the date on which the amounts are 
     made available, to provide additional grants to eligible 
     States pursuant to section 1452 of the Safe Drinking Water 
     Act (42 U.S.C. 300j-12) for the purposes described in 
     subsection (b)(2).
       (B) Supplemented intended use plans.--The Administrator 
     shall disburse to an eligible State amounts made available 
     under subparagraph (A) by not later than 30 days after the 
     date on which the eligible State submits to the Administrator 
     a supplemented intended use plan under section 1452(b) of the 
     Safe Drinking Water Act (42 U.S.C. 300j-12(b)) that includes 
     preapplication information regarding projects to be funded 
     using the additional assistance, including, with respect to 
     each such project--
       (i) a description of the project;
       (ii) an explanation of the means by which the project will 
     address a situation causing a declared emergency in the 
     eligible State;
       (iii) the estimated cost of the project; and
       (iv) the projected start date for construction of the 
     project.
       (C) Unobligated amounts.--Any amounts made available to the 
     Administrator under subparagraph (A) that are unobligated on 
     the date that is 1 year after the date on which the amounts 
     are made available shall be available to carry out the Water 
     Infrastructure Finance and Innovation Act of 2014 (33 U.S.C. 
     3901 et seq.), to remain available until expended.
       (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) Appropriation.--There is appropriated to the 
     Administrator, out of any moneys in the Treasury not 
     otherwise appropriated, $50,000,000, to remain available 
     until expended, to provide credit subsidies and 
     administrative costs, in consultation with the Director of 
     the Office of Management and Budget, for secured loans under 
     subsection (c)(1)(A) in an amount equal to not more than 
     $600,000,000 to eligible States under the Water 
     Infrastructure Finance and Innovation Act of 2014 (33 U.S.C. 
     3901 et seq.).
       (B) Deadline.--The Administrator and the Director of the 
     Office of Management and Budget shall provide to an eligible 
     State a credit subsidy under subparagraph (A) by not later 
     than 60 days after the date of receipt of a loan application 
     from the eligible State.
       (C) Use.--Secured loans provided pursuant to subparagraph 
     (A) shall be available for activities to address lead and 
     other contaminants in drinking water, including repair and 
     replacement of public and private drinking water 
     infrastructure.
       (3) Applicability.--Unless explicitly waived, all 
     requirements under section 1450(e) of the Safe Drinking Water 
     Act (42 U.S.C.300j-9(e)) and the Water Infrastructure Finance 
     and Innovation Act of 2014 (33 U.S.C. 3901 et seq.) shall 
     apply to funding provided under this subsection.
       (g) Offset.--There is rescinded the unobligated balance of 
     amounts made available to carry out section 1703 of the 
     Energy Policy Act of 2005 (42 U.S.C. 16513).
       (h) Health Effects Evaluation.--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--
       (1) in coordination with other Federal departments and 
     agencies, as appropriate, conduct voluntary surveillance 
     activities to evaluate any adverse health effects on 
     individuals exposed to lead from drinking water; and
       (2) provide for those individuals consultations regarding 
     health issues relating to that exposure.

     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 emergency 
     declaration has been issued due to a threat to public health 
     from heightened exposure to lead in a municipal drinking 
     water supply, before the date of enactment of this Act: 
     Provided further, That in a State in which such an emergency 
     declaration has been issued, the State may use more than 20 
     percent of the funds made available under this title to the 
     State for Drinking Water State Revolving Fund capitalization 
     grants to provide additional subsidy to eligible 
     recipients;''.

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

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

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

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

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

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

     SEC. 4804. CENTER OF EXCELLENCE ON LEAD EXPOSURE.

       (a) Definitions.--In this section:
       (1) Center.--The term ``Center'' means the Center of 
     Excellence on Lead Exposure established under subsection (b).
       (2) City.--The term ``City'' means a City that has been 
     exposed to lead through a water system or other source.
       (3) Community.--The term ``community'' means the community 
     of the City.
       (4) Secretary.--The term ``Secretary'' means the Secretary 
     of Health and Human Services.
       (5) State.--The term ``State'' means a State containing a 
     City that has been exposed to lead through a water system or 
     other source.
       (b) Establishment.--The Secretary may, by contract, grant, 
     or cooperative agreement, establish a center to be known as 
     the ``Center of Excellence on Lead Exposure''.
       (c) Collaboration.--The Center shall collaborate with 
     relevant Federal agencies, research institutions, hospitals, 
     Federally qualified health centers, school-based health 
     centers, community behavioral health providers, and State and 
     local public health agencies in the development and operation 
     of the Center.
       (d) Advisory Committee.--
       (1) In general.--The Center shall establish an advisory 
     committee to provide scientific and technical support for the 
     Center and to advise the Secretary, consisting of, at a 
     minimum--
       (A) an epidemiologist;
       (B) a toxicologist;
       (C) a mental health professional;
       (D) a pediatrician;
       (E) an early childhood education expert;
       (F) a special education expert;
       (G) a dietician;
       (H) an environmental health expert; and
       (I) 2 community representatives.
       (2) Application of faca.--The advisory committee shall be 
     subject to the Federal Advisory Committee Act (5 U.S.C. 
     App.).
       (e) Responsibilities.--The Center shall, at minimum, 
     develop and carry out the following components and 
     responsibilities:
       (1) Establish a health registry with the following 
     responsibilities:

[[Page S685]]

       (A) Survey City residents on a voluntary basis about 
     exposure to lead, and inform City residents of the health and 
     developmental impacts that may have resulted from that 
     exposure.
       (B) Identify and provide ongoing monitoring for City 
     residents on a voluntary basis who have been exposed to lead.
       (C) Collect and analyze clinical data related to the 
     monitoring and treatment of City residents.
       (D) Provide culturally and linguistically relevant 
     personnel and materials necessary for City residents.
       (2) Without duplicating other Federal research efforts, 
     conduct or recommend that the Secretary conduct or support, 
     through a grant or contract, research on physical, 
     behavioral, and developmental impacts, as well as other 
     health or educational impacts associated with lead exposure, 
     including cancer, heart disease, liver disease, neurological 
     impacts, developmental delays, reproductive health impacts, 
     and maternal and fetal health impacts.
       (3) Without duplicating other Federal efforts, develop or 
     recommend that the Secretary develop or support the 
     development of, through a grant or contract, lead mitigation 
     recommendations and allocate resources, as appropriate, for 
     health-, education-, and nutrition-related interventions, as 
     well as other interventions, to mitigate lead exposure in 
     children and adults.
       (4) Establish a partnership with the Regional Center of 
     Excellence on Nutrition Education of the Department of 
     Agriculture to provide any relevant nutrition information for 
     lead mitigation, including--
       (A) identifying and implementing best practices in 
     nutrition education regarding lead-mitigating foods; and
       (B) making recommendations and conducting outreach to 
     improve access to lead-mitigating foods in the community.
       (5) Without duplicating other Federal efforts, conduct or 
     recommend that the Secretary conduct or support, through a 
     grant or contract, education and outreach efforts for the 
     City and State, including the following:
       (A) Create a publicly accessible website that provides, at 
     minimum, details about the health registry for City 
     residents, available testing and other services through the 
     Center for City residents and other communities impacted by 
     lead exposure, any relevant information regarding health and 
     educational impacts of lead exposure, any relevant 
     information on mitigation services, and any research 
     conducted through the Center.
       (B) Conduct at least 2 meetings annually in the City to 
     discuss the ongoing impact of lead exposure on residents and 
     solicit community input regarding ongoing mitigation needs.
       (C) Establish a navigation program to connect City 
     residents to available Federal, State, and local resources 
     and programs that assist with cognitive, developmental, and 
     health problems associated with lead exposure.
       (f) Report.--Annually, the Secretary shall submit to the 
     Committees on Finance, Health, Education, Labor, and 
     Pensions, 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--
       (1) assessing the impacts of the Center on City health and 
     education systems and outcomes;
       (2) describing any research conducted by or in connection 
     with the Center;
       (3) describing any mitigation tools used or developed by 
     the Center including outcomes; and
       (4) making any recommendations for the City, State, or 
     other communities impacted by lead exposure, as appropriate.
       (g) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section $20,000,000 for 
     each of fiscal years 2017 through 2026, to remain available 
     until expended.

     SEC. 4805. GAO REVIEW AND REPORT.

       (a) In General.--Not later than 1 year after the date of 
     enactment of this Act, the Attorney General and the Inspector 
     General of the Environmental Protection Agency shall submit 
     to the Committees on Appropriations, Environment and Public 
     Works, and Homeland Security and Governmental Affairs of the 
     Senate and the Committees on Appropriations, Energy and 
     Commerce, Transportation and Infrastructure, and Oversight 
     and Government Reform of the House of Representatives a 
     report on the status of any ongoing investigations into the 
     Federal and State response to the contamination of the 
     drinking water supply of the City of Flint, Michigan.
       (b) Review.--Not later than 30 days after the completion of 
     the investigations described in subsection (a), the 
     Comptroller General of the United States shall commence a 
     review of issues that are not addressed by the investigations 
     and relating to--
       (1) the adequacy of the response by the State of Michigan 
     and the City of Flint to the drinking water crisis in Flint, 
     Michigan, including the timeliness and transparency of the 
     response, as well as the capacity of the State and City to 
     manage the drinking water system; and
       (2) the adequacy of the response by Region 5 of the 
     Environmental Protection Agency to the drinking water crisis 
     in Flint, Michigan, including the timeliness and transparency 
     of the response.
       (c) Contents of Report.--Not later than 1 year after 
     commencing each review under subsection (b), the Comptroller 
     General of the United States shall submit to Congress a 
     report that includes--
       (1) a statement of the principal findings of the review; 
     and
       (2) recommendations for Congress and the President to take 
     any actions to prevent a similar situation in the future and 
     to protect public health.
                                 ______
                                 
  SA 3286. Mr. HELLER (for himself and Mr. Heinrich) 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:

       On page 244, between lines 13 and 14, insert the following:

Subpart B--Development of Geothermal, Solar, and Wind Energy on Public 
                                  Land

     SEC. 3011A. DEFINITIONS.

       In this subpart:
       (1) Covered land.--The term ``covered land'' means land 
     that is--
       (A) public land administered by the Secretary; and
       (B) not excluded from the development of geothermal, solar, 
     or wind energy under--
       (i) a land use plan established under the Federal Land 
     Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.); 
     or
       (ii) other Federal law.
       (2) Exclusion area.--The term ``exclusion area'' means 
     covered land that is identified by the Bureau of Land 
     Management as not suitable for development of renewable 
     energy projects.
       (3) Priority area.--The term ``priority area'' means 
     covered land identified by the land use planning process of 
     the Bureau of Land Management as being a preferred location 
     for a renewable energy project.
       (4) Public land.--The term ``public land'' has the meaning 
     given the term ``public lands'' in section 103 of the Federal 
     Land Policy and Management Act of 1976 (43 U.S.C. 1702).
       (5) Renewable energy project.--The term ``renewable energy 
     project'' means a project carried out on covered land that 
     uses wind, solar, or geothermal energy to generate energy.
       (6) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (7) Variance area.--The term ``variance area'' means 
     covered land that is--
       (A) not an exclusion area; and
       (B) not a priority area.

     SEC. 3011B. LAND USE PLANNING; SUPPLEMENTS TO PROGRAMMATIC 
                   ENVIRONMENTAL IMPACT STATEMENTS.

       (a) Priority Areas.--
       (1) In general.--The Secretary, in consultation with the 
     Secretary of Energy, shall establish priority areas on 
     covered land for geothermal, solar, and wind energy projects.
       (2) Deadline.--
       (A) Geothermal energy.--For geothermal energy, the 
     Secretary shall establish priority areas as soon as 
     practicable, but not later than 5 years, after the date of 
     enactment of this Act.
       (B) Solar energy.--For solar energy, the solar energy zones 
     established by the 2012 western solar plan of the Bureau of 
     Land Management shall be considered to be priority areas for 
     solar energy projects.
       (C) Wind energy.--For wind energy, the Secretary shall 
     establish priority areas as soon as practicable, but not 
     later than 3 years, after the date of enactment of this Act.
       (b) Variance Areas.--To the maximum extent practicable, 
     variance areas shall be considered for renewable energy 
     project development, consistent with the principles of 
     multiple use as defined in the Federal Land Policy and 
     Management Act of 1976 (43 U.S.C. 1701 et seq.).
       (c) Review and Modification.--Not less frequently than once 
     every 10 years, the Secretary shall--
       (1) review the adequacy of land allocations for geothermal, 
     solar, and wind energy priority and variance areas for the 
     purpose of encouraging new renewable energy development 
     opportunities; and
       (2) based on the review carried out under paragraph (1), 
     add, modify, or eliminate priority, variance, and exclusion 
     areas.
       (d) Compliance With the National Environmental Policy 
     Act.--For purposes of this section, compliance with the 
     National Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
     seq.) shall be accomplished--
       (1) for geothermal energy, by supplementing the October 
     2008 final programmatic environmental impact statement for 
     geothermal leasing in the western United States;
       (2) for solar energy, by supplementing the July 2012 final 
     programmatic environmental impact statement for solar energy 
     projects; and
       (3) for wind energy, by supplementing the July 2005 final 
     programmatic environmental impact statement for wind energy 
     projects.
       (e) No Effect on Processing Applications.--A requirement to 
     prepare a supplement to a programmatic environmental impact 
     statement under this section shall not result in any delay in 
     processing an application for a renewable energy project.
       (f) Coordination.--In developing a supplement required by 
     this section, the Secretary shall coordinate, on an ongoing 
     basis, with appropriate State, tribal, and local governments, 
     transmission infrastructure owners

[[Page S686]]

     and operators, developers, and other appropriate entities to 
     ensure that priority areas identified by the Secretary are--
       (1) economically viable (including having access to 
     transmission);
       (2) likely to avoid or minimize conflict with habitat for 
     animals and plants, recreation, and other uses of covered 
     land; and
       (3) consistent with section 202 of the Federal Land Policy 
     and Management Act of 1976 (43 U.S.C. 1712), including 
     subsection (c)(9) of that section.
       (g) Removal From Classification.--In carrying out 
     subsections (a), (c), and (d), if the Secretary determines an 
     area previously suited for development should be removed from 
     priority or variance classification, not later than 90 days 
     after the date of the determination, the Secretary shall 
     submit to Congress a report on the determination.

     SEC. 3011C. ENVIRONMENTAL REVIEW ON COVERED LAND.

       (a) In General.--If the Secretary determines that a 
     proposed renewable energy project has been sufficiently 
     analyzed by a programmatic environmental impact statement 
     conducted under section 3011B(d), the Secretary shall not 
     require any additional review under the National 
     Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
       (b) Additional Environmental Review.--If the Secretary 
     determines that additional environmental review under the 
     National Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
     seq.) is necessary for a proposed renewable energy project, 
     the Secretary shall rely on the analysis in the programmatic 
     environmental impact statement conducted under section 
     3011B(d), to the maximum extent practicable when analyzing 
     the potential impacts of the project.
       (c) Relationship to Other Law.--Nothing in this section 
     modifies or supersedes any requirement under applicable law, 
     including the National Environmental Policy Act of 1969 (42 
     U.S.C. 4321 et seq.).

     SEC. 3011D. PROGRAM TO IMPROVE RENEWABLE ENERGY PROJECT 
                   PERMIT COORDINATION.

       (a) Establishment.--The Secretary shall establish a program 
     to improve Federal permit coordination with respect to 
     renewable energy projects on covered land.
       (b) Memorandum of Understanding.--
       (1) In general.--Not later than 180 days after the date of 
     enactment of this Act, the Secretary shall enter into a 
     memorandum of understanding for purposes of this section, 
     including to specifically expedite the environmental analysis 
     of applications for projects proposed in a variance area, 
     with--
       (A) the Secretary of Agriculture; and
       (B) the Assistant Secretary of the Army for Civil Works.
       (2) State participation.--The Secretary may request the 
     Governor of any interested State to be a signatory to the 
     memorandum of understanding under paragraph (1).
       (c) Designation of Qualified Staff.--
       (1) In general.--Not later than 90 days after the date on 
     which the memorandum of understanding under subsection (b) is 
     executed, all Federal signatories, as appropriate, shall 
     identify for each of the Bureau of Land Management Renewable 
     Energy Coordination Offices an employee who has expertise in 
     the regulatory issues relating to the office in which the 
     employee is employed, including, as applicable, particular 
     expertise in--
       (A) consultation regarding, and preparation of, biological 
     opinions under section 7 of the Endangered Species Act of 
     1973 (16 U.S.C. 1536);
       (B) permits under section 404 of Federal Water Pollution 
     Control Act (33 U.S.C. 1344);
       (C) regulatory matters under the Clean Air Act (42 U.S.C. 
     7401 et seq.);
       (D) planning under section 14 of the National Forest 
     Management Act of 1976 (16 U.S.C. 472a);
       (E) the Federal Land Policy and Management Act of 1976 (43 
     U.S.C. 1701 et seq.);
       (F) the Migratory Bird Treaty Act (16 U.S.C. 703 et seq.); 
     and
       (G) the preparation of analyses under the National 
     Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
       (2) Duties.--Each employee assigned under paragraph (1) 
     shall--
       (A) be responsible for addressing all issues relating to 
     the jurisdiction of the home office or agency of the 
     employee; and
       (B) participate as part of the team of personnel working on 
     proposed energy projects, planning, monitoring, inspection, 
     enforcement, and environmental analyses.
       (d) Additional Personnel.--The Secretary may assign 
     additional personnel for the renewable energy coordination 
     offices as are necessary to ensure the effective 
     implementation of any programs administered by those offices, 
     including inspection and enforcement relating to renewable 
     energy project development on covered land, in accordance 
     with the multiple use mandate of the Federal Land Policy and 
     Management Act of 1976 (43 U.S.C. 1701 et seq.).
       (e) Renewable Energy Coordination Offices.--In implementing 
     the program established under this section, the Secretary may 
     establish additional renewable energy coordination offices or 
     temporarily assign the qualified staff described in 
     subsection (c) to a State, district, or field office of the 
     Bureau of Land Management to expedite the permitting of 
     renewable energy projects, as the Secretary determines to be 
     necessary.
       (f) Report to Congress.--
       (1) In general.--Not later than February 1 of the first 
     fiscal year beginning after the date of enactment of this 
     Act, and each February 1 thereafter, the Secretary shall 
     submit to the Committee on Energy and Natural Resources of 
     the Senate and the Committee on Natural Resources of the 
     House of Representatives a report describing the progress 
     made pursuant to the program under this subpart during the 
     preceding year.
       (2) Inclusions.--Each report under this subsection shall 
     include--
       (A) projections for renewable energy production and 
     capacity installations; and
       (B) a description of any problems relating to leasing, 
     permitting, siting, or production.
       On page 244, line 14, strike ``Subpart B'' and insert 
     ``Subpart C''.
                                 ______
                                 
  SA 3287. Ms. MURKOWSKI submitted an amendment intended to be proposed 
by her 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:

       In lieu of the matter proposed to be inserted, insert the 
     following:

        Subtitle I--Prevention and Protection From Lead Exposure

     SEC. 4801. DRINKING WATER INFRASTRUCTURE.

       (a) Definitions.--In this section:
       (1) Administrator.--The term ``Administrator'' means the 
     Administrator of the Environmental Protection Agency.
       (2) Eligible state.--The term ``eligible State'' means a 
     State for which the President has declared an emergency under 
     the Robert T. Stafford Disaster Relief and Emergency 
     Assistance Act (42 U.S.C. 5121 et seq.) relating to the 
     public health threats associated with the presence of lead or 
     other contaminants in a public drinking water supply system.
       (3) Eligible system.--The term ``eligible system'' means a 
     public drinking water supply system that is the subject of an 
     emergency declaration referred to in paragraph (2).
       (b) State Revolving Loan Fund Assistance.--
       (1) In general.--An eligible system shall be--
       (A) considered to be a disadvantaged community under 
     section 1452(d) of the Safe Drinking Water Act (42 U.S.C. 
     300j-12(d)); and
       (B) eligible to receive loans with additional subsidization 
     under that Act (42 U.S.C. 300f et seq.), including 
     forgiveness of principal under section 1452(d)(1) of that Act 
     (42 U.S.C. 300j-12(d)(1)).
       (2) Authorization.--
       (A) In general.--Using funds provided under subsection 
     (f)(1)(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 under subparagraph (A) may 
     include additional subsidization under the Safe Drinking 
     Water Act (42 U.S.C. 300f et seq.), as described in paragraph 
     (1)(B).
       (3) Limitation.--Section 1452(d)(2) of the Safe Drinking 
     Water Act (42 U.S.C. 300j-12(d)(2)) shall not apply to--
       (A) any funds provided under subsection (f)(1)(A); or
       (B) any other loan provided to an eligible system.
       (c) Water Infrastructure Financing.--
       (1) Secured loans.--
       (A) In general.--The Administrator may make a secured loan 
     to an eligible State to carry out a project to address lead 
     or other contaminants in drinking water in an eligible 
     system.
       (B) Amount.--Notwithstanding section 5029(b)(2) of the 
     Water Infrastructure Finance and Innovation Act of 2014 (33 
     U.S.C. 3908(b)(2)), the amount of a secured loan provided 
     under subparagraph (A) may be equal to not more than 80 
     percent of the reasonably anticipated costs of the projects.
       (2) Federal involvement.--Notwithstanding section 
     5029(b)(9) of the Water Infrastructure Finance and Innovation 
     Act of 2014 (33 U.S.C. 3908(b)(9)), any costs for a project 
     to address lead or other contaminants in drinking water in an 
     eligible system that are not covered by a secured loan under 
     paragraph (1) may be covered using amounts in the State 
     revolving loan fund under section 1452 of the Safe Drinking 
     Water Act (42 U.S.C. 300j-12).
       (d) Asset Management Plan.--Any individual or entity that 
     carries out construction of infrastructure using assistance 
     provided under this section shall develop and implement, in 
     consultation with the Administrator and appropriate officials 
     of the applicable eligible State, a strategic and systematic 
     process of operating, maintaining, and improving affected 
     physical assets, with a focus on engineering and economic 
     analysis based on quality information, to identify a 
     structured sequence of maintenance, preservation, repair, 
     rehabilitation, and replacement actions that will achieve and 
     sustain a desired state of good repair during the lifecycle 
     of the assets at minimum practicable cost.
       (e) Nonduplication of Work.--An activity carried out 
     pursuant to this section shall not duplicate the work or 
     activity of any other Federal or State department or agency.
       (f) Funding.--
       (1) Additional srf capitalization grants.--
       (A) Appropriation.--There is appropriated to the 
     Administrator, out of any moneys in

[[Page S687]]

     the Treasury not otherwise appropriated, $50,000,000, to 
     remain available for obligation for 1 year after the date on 
     which the amounts are made available, to provide additional 
     grants to eligible States pursuant to section 1452 of the 
     Safe Drinking Water Act (42 U.S.C. 300j-12) for the purposes 
     described in subsection (b)(2).
       (B) Supplemented intended use plans.--The Administrator 
     shall disburse to an eligible State amounts made available 
     under subparagraph (A) by not later than 30 days after the 
     date on which the eligible State submits to the Administrator 
     a supplemented intended use plan under section 1452(b) of the 
     Safe Drinking Water Act (42 U.S.C. 300j-12(b)) that includes 
     preapplication information regarding projects to be funded 
     using the additional assistance, including, with respect to 
     each such project--
       (i) a description of the project;
       (ii) an explanation of the means by which the project will 
     address a situation causing a declared emergency in the 
     eligible State;
       (iii) the estimated cost of the project; and
       (iv) the projected start date for construction of the 
     project.
       (C) Unobligated amounts.--Any amounts made available to the 
     Administrator under subparagraph (A) that are unobligated on 
     the date that is 1 year after the date on which the amounts 
     are made available shall be available to carry out the Water 
     Infrastructure Finance and Innovation Act of 2014 (33 U.S.C. 
     3901 et seq.), to remain available until expended.
       (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) Appropriation.--There is appropriated to the 
     Administrator, out of any moneys in the Treasury not 
     otherwise appropriated, $50,000,000, to remain available 
     until expended, to provide credit subsidies and 
     administrative costs, in consultation with the Director of 
     the Office of Management and Budget, for secured loans under 
     subsection (c)(1)(A) in an amount equal to not more than 
     $600,000,000 to eligible States under the Water 
     Infrastructure Finance and Innovation Act of 2014 (33 U.S.C. 
     3901 et seq.).
       (B) Deadline.--The Administrator and the Director of the 
     Office of Management and Budget shall provide to an eligible 
     State a credit subsidy under subparagraph (A) by not later 
     than 60 days after the date of receipt of a loan application 
     from the eligible State.
       (C) Use.--Secured loans provided pursuant to subparagraph 
     (A) shall be available for activities to address lead and 
     other contaminants in drinking water, including repair and 
     replacement of public and private drinking water 
     infrastructure.
       (3) Applicability.--Unless explicitly waived, all 
     requirements under section 1450(e) of the Safe Drinking Water 
     Act (42 U.S.C.300j-9(e)) and the Water Infrastructure Finance 
     and Innovation Act of 2014 (33 U.S.C. 3901 et seq.) shall 
     apply to funding provided under this subsection.
       (g) Offset.--There is rescinded the unobligated balance of 
     amounts made available to carry out section 1703 of the 
     Energy Policy Act of 2005 (42 U.S.C. 16513).
       (h) Health Effects Evaluation.--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--
       (1) in coordination with other Federal departments and 
     agencies, as appropriate, conduct voluntary surveillance 
     activities to evaluate any adverse health effects on 
     individuals exposed to lead from drinking water; and
       (2) provide for those individuals consultations regarding 
     health issues relating to that exposure.

     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 emergency 
     declaration has been issued due to a threat to public health 
     from heightened exposure to lead in a municipal drinking 
     water supply, before the date of enactment of this Act: 
     Provided further, That in a State in which such an emergency 
     declaration has been issued, the State may use more than 20 
     percent of the funds made available under this title to the 
     State for Drinking Water State Revolving Fund capitalization 
     grants to provide additional subsidy to eligible 
     recipients;''.

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

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

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

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

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

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

     SEC. 4804. CENTER OF EXCELLENCE ON LEAD EXPOSURE.

       (a) Definitions.--In this section:
       (1) Center.--The term ``Center'' means the Center of 
     Excellence on Lead Exposure established under subsection (b).
       (2) City.--The term ``City'' means a City that has been 
     exposed to lead through a water system or other source.
       (3) Community.--The term ``community'' means the community 
     of the City.
       (4) Secretary.--The term ``Secretary'' means the Secretary 
     of Health and Human Services.
       (5) State.--The term ``State'' means a State containing a 
     City that has been exposed to lead through a water system or 
     other source.
       (b) Establishment.--The Secretary may, by contract, grant, 
     or cooperative agreement, establish a center to be known as 
     the ``Center of Excellence on Lead Exposure''.
       (c) Collaboration.--The Center shall collaborate with 
     relevant Federal agencies, research institutions, hospitals, 
     Federally qualified health centers, school-based health 
     centers, community behavioral health providers, and State and 
     local public health agencies in the development and operation 
     of the Center.
       (d) Advisory Committee.--
       (1) In general.--The Center shall establish an advisory 
     committee to provide scientific and technical support for the 
     Center and to advise the Secretary, consisting of, at a 
     minimum--
       (A) an epidemiologist;
       (B) a toxicologist;
       (C) a mental health professional;
       (D) a pediatrician;
       (E) an early childhood education expert;
       (F) a special education expert;
       (G) a dietician;
       (H) an environmental health expert; and
       (I) 2 community representatives.
       (2) Application of faca.--The advisory committee shall be 
     subject to the Federal Advisory Committee Act (5 U.S.C. 
     App.).
       (e) Responsibilities.--The Center shall, at minimum, 
     develop and carry out the following components and 
     responsibilities:
       (1) Establish a health registry with the following 
     responsibilities:
       (A) Survey City residents on a voluntary basis about 
     exposure to lead, and inform City residents of the health and 
     developmental impacts that may have resulted from that 
     exposure.
       (B) Identify and provide ongoing monitoring for City 
     residents on a voluntary basis who have been exposed to lead.
       (C) Collect and analyze clinical data related to the 
     monitoring and treatment of City residents.
       (D) Provide culturally and linguistically relevant 
     personnel and materials necessary for City residents.
       (2) Without duplicating other Federal research efforts, 
     conduct or recommend that the Secretary conduct or support, 
     through a grant or contract, research on physical, 
     behavioral, and developmental impacts, as well

[[Page S688]]

     as other health or educational impacts associated with lead 
     exposure, including cancer, heart disease, liver disease, 
     neurological impacts, developmental delays, reproductive 
     health impacts, and maternal and fetal health impacts.
       (3) Without duplicating other Federal efforts, develop or 
     recommend that the Secretary develop or support the 
     development of, through a grant or contract, lead mitigation 
     recommendations and allocate resources, as appropriate, for 
     health-, education-, and nutrition-related interventions, as 
     well as other interventions, to mitigate lead exposure in 
     children and adults.
       (4) Establish a partnership with the Regional Center of 
     Excellence on Nutrition Education of the Department of 
     Agriculture to provide any relevant nutrition information for 
     lead mitigation, including--
       (A) identifying and implementing best practices in 
     nutrition education regarding lead-mitigating foods; and
       (B) making recommendations and conducting outreach to 
     improve access to lead-mitigating foods in the community.
       (5) Without duplicating other Federal efforts, conduct or 
     recommend that the Secretary conduct or support, through a 
     grant or contract, education and outreach efforts for the 
     City and State, including the following:
       (A) Create a publicly accessible website that provides, at 
     minimum, details about the health registry for City 
     residents, available testing and other services through the 
     Center for City residents and other communities impacted by 
     lead exposure, any relevant information regarding health and 
     educational impacts of lead exposure, any relevant 
     information on mitigation services, and any research 
     conducted through the Center.
       (B) Conduct at least 2 meetings annually in the City to 
     discuss the ongoing impact of lead exposure on residents and 
     solicit community input regarding ongoing mitigation needs.
       (C) Establish a navigation program to connect City 
     residents to available Federal, State, and local resources 
     and programs that assist with cognitive, developmental, and 
     health problems associated with lead exposure.
       (f) Report.--Annually, the Secretary shall submit to the 
     Committees on Finance, Health, Education, Labor, and 
     Pensions, 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--
       (1) assessing the impacts of the Center on City health and 
     education systems and outcomes;
       (2) describing any research conducted by or in connection 
     with the Center;
       (3) describing any mitigation tools used or developed by 
     the Center including outcomes; and
       (4) making any recommendations for the City, State, or 
     other communities impacted by lead exposure, as appropriate.
       (g) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section $20,000,000 for 
     each of fiscal years 2017 through 2026, to remain available 
     until expended.

     SEC. 4805. GAO REVIEW AND REPORT.

       (a) In General.--Not later than 1 year after the date of 
     enactment of this Act, the Attorney General and the Inspector 
     General of the Environmental Protection Agency shall submit 
     to the Committees on Appropriations, Environment and Public 
     Works, and Homeland Security and Governmental Affairs of the 
     Senate and the Committees on Appropriations, Energy and 
     Commerce, Transportation and Infrastructure, and Oversight 
     and Government Reform of the House of Representatives a 
     report on the status of any ongoing investigations into the 
     Federal and State response to the contamination of the 
     drinking water supply of the City of Flint, Michigan.
       (b) Review.--Not later than 30 days after the completion of 
     the investigations described in subsection (a), the 
     Comptroller General of the United States shall commence a 
     review of issues that are not addressed by the investigations 
     and relating to--
       (1) the adequacy of the response by the State of Michigan 
     and the City of Flint to the drinking water crisis in Flint, 
     Michigan, including the timeliness and transparency of the 
     response, as well as the capacity of the State and City to 
     manage the drinking water system; and
       (2) the adequacy of the response by Region 5 of the 
     Environmental Protection Agency to the drinking water crisis 
     in Flint, Michigan, including the timeliness and transparency 
     of the response.
       (c) Contents of Report.--Not later than 1 year after 
     commencing each review under subsection (b), the Comptroller 
     General of the United States shall submit to Congress a 
     report that includes--
       (1) a statement of the principal findings of the review; 
     and
       (2) recommendations for Congress and the President to take 
     any actions to prevent a similar situation in the future and 
     to protect public health.
                                 ______
                                 
  SA 3288. Mr. MERKLEY (for himself and Mr. Wyden) 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 subtitle E of title IV, add the following:

     SEC. 44___. KLAMATH PROJECT WATER AND POWER.

       (a) Addressing Water Management and Power Costs for 
     Irrigation.--The Klamath Basin Water Supply Enhancement Act 
     of 2000 (Public Law 106-498; 114 Stat. 2221) is amended--
       (1) by redesignating sections 4 through 6 as sections 5 
     through 7, respectively; and
       (2) by inserting after section 3 the following:

     ``SEC. 4. POWER AND WATER MANAGEMENT.

       ``(a) Definitions.--In this section:
       ``(1) Covered power use.--The term `covered power use' 
     means a use of power to develop or manage water for 
     irrigation, wildlife purposes, or drainage on land that is--
       ``(A) associated with the Klamath Project, including land 
     within a unit of the National Wildlife Refuge System that 
     receives water due to the operation of Klamath Project 
     facilities; or
       ``(B) irrigated by the class of users covered by the 
     agreement dated April 30, 1956, between the California Oregon 
     Power Company and Klamath Basin Water Users Protective 
     Association and within the Off Project Area (as defined in 
     the Upper Basin Comprehensive Agreement entered into on April 
     18, 2014), only if each applicable owner and holder of a 
     possessory interest of the land is a party to that agreement 
     (or a successor agreement that the Secretary determines 
     provides a comparable benefit to the United States).
       ``(2) Klamath project.--
       ``(A) In general.--The term `Klamath Project' means the 
     Bureau of Reclamation project in the States of California and 
     Oregon.
       ``(B) Inclusions.--The term `Klamath Project' includes any 
     dams, canals, and other works and interests for water 
     diversion, storage, delivery, and drainage, flood control, 
     and similar functions that are part of the project described 
     in subparagraph (A).
       ``(3) Power cost benchmark.--The term `power cost 
     benchmark' means the average net delivered cost of power for 
     irrigation and drainage at Reclamation projects in the area 
     surrounding the Klamath Project that are similarly situated 
     to the Klamath Project, including Reclamation projects that--
       ``(A) are located in the Pacific Northwest; and
       ``(B) receive project-use power.
       ``(b) Water, Environmental, and Power Activities.--
       ``(1) In general.--Pursuant to the reclamation laws and 
     subject to appropriations and required environmental reviews, 
     the Secretary may carry out activities, including entering 
     into an agreement or contract or otherwise making financial 
     assistance available--
       ``(A) to plan, implement, and administer programs to align 
     water supplies and demand for irrigation water users 
     associated with the Klamath Project, with a primary emphasis 
     on programs developed or endorsed by local entities comprised 
     of representatives of those water users;
       ``(B) to plan and implement activities and projects that--
       ``(i) avoid or mitigate environmental effects of irrigation 
     activities; or
       ``(ii) restore habitats in the Klamath Basin watershed, 
     including restoring tribal fishery resources held in trust; 
     and
       ``(C) to limit the net delivered cost of power for covered 
     power uses.
       ``(2) Effect.--Nothing in subparagraph (A) or (B) of 
     paragraph (1) authorizes the Secretary--
       ``(A) to develop or construct new facilities for the 
     Klamath Project without appropriate approval from Congress 
     under section 9 of the Reclamation Projects Act of 1939 (43 
     U.S.C. 485h); or
       ``(B) to carry out activities that have not otherwise been 
     authorized.
       ``(c) Reducing Power Costs.--
       ``(1) In general.--Not later than 180 days after the date 
     of enactment of the Energy Policy Modernization Act of 2016, 
     the Secretary, in consultation with interested irrigation 
     interests that are eligible for covered power use and 
     representative organizations of those interests, shall submit 
     to the Committee on Energy and Natural Resources of the 
     Senate and the Committee on Natural Resources of the House of 
     Representatives a report that--
       ``(A) identifies the power cost benchmark; and
       ``(B) recommends actions that, in the judgment of the 
     Secretary, are necessary and appropriate to ensure that the 
     net delivered power cost for covered power use is equal to or 
     less than the power cost benchmark, including a description 
     of--
       ``(i) actions to immediately reduce power costs and to have 
     the net delivered power cost for covered power use be equal 
     to or less than the power cost benchmark in the near term, 
     while longer-term actions are being implemented;
       ``(ii) actions that prioritize water and power conservation 
     and efficiency measures and, to the extent actions involving 
     the development or acquisition of power generation are 
     included, renewable energy technologies (including 
     hydropower);
       ``(iii) the potential costs and timeline for the actions 
     recommended under this subparagraph;

[[Page S689]]

       ``(iv) provisions for modifying the actions and timeline to 
     adapt to new information or circumstances; and
       ``(v) a description of public input regarding the proposed 
     actions, including input from water users that have covered 
     power use and the degree to which those water users concur 
     with the recommendations.
       ``(2) Implementation.--Not later than 180 days after the 
     date of submission of the report under paragraph (1), the 
     Secretary shall implement those recommendations described in 
     the report that the Secretary determines will ensure that the 
     net delivered power cost for covered power use is equal to or 
     less than the power cost benchmark, subject to availability 
     of appropriations, on the fastest practicable timeline.
       ``(3) Annual reports.--The Secretary shall submit to each 
     Committee described in paragraph (1) annual reports 
     describing progress achieved in meeting the requirements of 
     this subsection.
       ``(d) Treatment of Power Purchases.--
       ``(1) In general.--Any purchase of power by the Secretary 
     under this section shall be considered to be an authorized 
     sale for purposes of section 5(b)(3) of the Pacific Northwest 
     Electric Power Planning and Conservation Act (16 U.S.C. 
     839c(b)(3)).
       ``(2) Effect.--Nothing in this section authorizes the 
     Bonneville Power Administration to make a sale of power from 
     the Federal Columbia River Power System at rates, terms, or 
     conditions better than those afforded preference customers of 
     the Bonneville Power Administration.
       ``(e) Goals.--The goals of activities under subsections (b) 
     and (c) shall include, as applicable--
       ``(1) the short-term and long-term reduction and resolution 
     of conflicts relating to water in the Klamath Basin 
     watershed; and
       ``(2) compatibility and utility for protecting natural 
     resources throughout the Klamath Basin watershed, including 
     the protection, preservation, and restoration of Klamath 
     River tribal fishery resources, particularly through 
     collaboratively developed agreements.
       ``(f) Pumping Plant D.--The Secretary may enter into 1 or 
     more agreements with the Tulelake Irrigation District to 
     reimburse the Tulelake Irrigation District for not more than 
     69 percent of the cost incurred by the Tulelake Irrigation 
     District for the operation and maintenance of Pumping Plant 
     D, on the condition that the cost benefits the United 
     States.''.
       (b) Conveyance of Non-Project Water; Replacement of C 
     Canal.--
       (1) Definition of klamath project.--In this subsection:
       (A) In general.--The term ``Klamath Project'' means the 
     Bureau of Reclamation project in the States of California and 
     Oregon.
       (B) Inclusions.--The term ``Klamath Project'' includes any 
     dams, canals, and other works and interests for water 
     diversion, storage, delivery, and drainage, flood control, 
     and similar functions that are part of the project described 
     in subparagraph (A).
       (2) Conveyance of non-project water.--
       (A) In general.--An entity operating under a contract 
     entered into with the United States for the operation and 
     maintenance of Klamath Project works or facilities, and an 
     entity operating any work or facility not owned by the United 
     States that receives Klamath Project water, may use any of 
     the Klamath Project works or facilities to convey non-Klamath 
     Project water for any authorized purpose of the Klamath 
     Project, subject to subparagraphs (B) and (C).
       (B) Permits; measurement.--An addition, conveyance, and use 
     of water pursuant to subparagraph (A) shall be subject to the 
     requirements that--
       (i) the applicable entity shall secure all permits required 
     under State or local laws; and
       (ii) all water delivered into, or taken out of, a Klamath 
     Project facility pursuant to that subparagraph shall be 
     measured.
       (C) Effect.--A use of Klamath Project water under this 
     paragraph shall not--
       (i) adversely affect the delivery of water to any water 
     user or land served by the Klamath Project; or
       (ii) result in any additional cost to the United States.
       (3) Replacement of c canal flume.--The replacement of the C 
     Canal flume within the Klamath Project shall be considered to 
     be, and shall receive the treatment authorized for, emergency 
     extraordinary operation and maintenance work in accordance 
     with Federal reclamation law (the Act of June 17, 1902 (32 
     Stat. 388, chapter 1093), and Acts supplemental to and 
     amendatory of that Act (43 U.S.C. 371 et seq.)).
       (c) Administration.--
       (1) Compliance.--In implementing this section and the 
     amendments made by this section, the Secretary of the 
     Interior shall comply with--
       (A) the National Environmental Policy Act of 1969 (42 
     U.S.C. 4321 et seq.);
       (B) the Endangered Species Act of 1973 (16 U.S.C. 1531 et 
     seq.); and
       (C) all other applicable laws.
       (2) Effect.--Nothing in this section--
       (A) modifies the authorities or obligations of the United 
     States with respect to the tribal trust and treaty 
     obligations of the United States; or
       (B) creates or determines water rights or affects water 
     rights or water right claims in existence on the date of 
     enactment of this Act.
                                 ______
                                 
  SA 3289. Mr. CARPER 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 appropriate place, insert the following:

     SEC. ____. QUALIFYING OFFSHORE WIND FACILITY CREDIT.

       (a) In General.--Section 46 of the Internal Revenue Code of 
     1986 is amended--
       (1) by striking ``and'' at the end of paragraph (5),
       (2) by striking the period at the end of paragraph (6) and 
     inserting ``, and'', and
       (3) by adding at the end the following new paragraph:
       ``(7) the qualifying offshore wind facility credit.''.
       (b) Amount of Credit.--Subpart E of part IV of subchapter A 
     of chapter 1 of the Internal Revenue Code of 1986 is amended 
     by inserting after section 48D the following new section:

     ``SEC. 48E. CREDIT FOR OFFSHORE WIND FACILITIES.

       ``(a) In General.--For purposes of section 46, the 
     qualifying offshore wind facility credit for any taxable year 
     is an amount equal to 30 percent of the qualified investment 
     for such taxable year with respect to any qualifying offshore 
     wind facility of the taxpayer.
       ``(b) Qualified Investment.--
       ``(1) In general.--For purposes of subsection (a), the 
     qualified investment for any taxable year is the basis of 
     eligible property placed in service by the taxpayer during 
     such taxable year which is part of a qualifying offshore wind 
     facility.
       ``(2) Certain qualified progress expenditures rules made 
     applicable.--Rules similar to the rules of subsections (c)(4) 
     and (d) of section 46 (as in effect on the day before the 
     enactment of the Revenue Reconciliation Act of 1990) shall 
     apply for purposes of this section.
       ``(c) Definitions.--For purposes of this section--
       ``(1) Qualifying offshore wind facility.--
       ``(A) In general.--The term `qualifying offshore wind 
     facility' means an offshore facility using wind to produce 
     electricity.
       ``(B) Offshore facility.--The term `offshore facility' 
     means any facility located in the inland navigable waters of 
     the United States, including the Great Lakes, or in the 
     coastal waters of the United States, including the 
     territorial seas of the United States, the exclusive economic 
     zone of United States, and the outer Continental Shelf of the 
     United States.
       ``(2) Eligible property.--The term `eligible property' 
     means any property--
       ``(A) which is--
       ``(i) tangible personal property, or
       ``(ii) other tangible property (not including a building or 
     its structural components), but only if such property is used 
     as an integral part of the qualifying offshore wind facility, 
     and
       ``(B) with respect to which depreciation (or amortization 
     in lieu of depreciation) is allowable.
       ``(d) Qualifying Credit for Offshore Wind Facilities 
     Program.--
       ``(1) Establishment.--
       ``(A) In general.--Not later than 180 days after the date 
     of the enactment of this section, the Secretary, in 
     consultation with the Secretary of Energy and the Secretary 
     of the Interior, shall establish a qualifying credit for 
     offshore wind facilities program to consider and award 
     certifications for qualified investments eligible for credits 
     under this section to qualifying offshore wind facility 
     sponsors.
       ``(B) Limitation.--The total amount of megawatt capacity 
     for offshore facilities with respect to which credits may be 
     allocated under the program shall not exceed 3,000 megawatts.
       ``(2) Certification.--
       ``(A) Application period.--Each applicant for certification 
     under this paragraph shall submit an application containing 
     such information as the Secretary may require beginning on 
     the date the Secretary establishes the program under 
     paragraph (1).
       ``(B) Period of issuance.--An applicant which receives a 
     certification shall have 5 years from the date of issuance of 
     the certification in order to place the facility in service 
     and if such facility is not placed in service by that time 
     period, then the certification shall no longer be valid.
       ``(3) Selection criteria.--In determining which qualifying 
     offshore wind facilities to certify under this section, the 
     Secretary shall--
       ``(A) take into consideration which facilities will be 
     placed in service at the earliest date, and
       ``(B) take into account the technology of the facility that 
     may lead to reduced industry and consumer costs or expand 
     access to offshore wind.
       ``(4) Review, additional allocations, and reallocations.--
       ``(A) Review.--Periodically, but not later than 4 years 
     after the date of the enactment of this section, the 
     Secretary shall review the credits allocated under this 
     section as of the date of such review.
       ``(B) Additional allocations and reallocations.--The 
     Secretary may make additional allocations and reallocations 
     of

[[Page S690]]

     credits under this section if the Secretary determines that--
       ``(i) the limitation under paragraph (1)(B) has not been 
     attained at the time of the review, or
       ``(ii) scheduled placed-in-service dates of previously 
     certified facilities have been significantly delayed and the 
     Secretary determines the applicant will not meet the timeline 
     pursuant to paragraph (2)(B).
       ``(C) Additional program for allocations and 
     reallocations.--If the Secretary determines that credits 
     under this section are available for further allocation or 
     reallocation, but there is an insufficient quantity of 
     qualifying applications for certification pending at the time 
     of the review, the Secretary is authorized to conduct an 
     additional program for applications for certification.
       ``(5) Disclosure of allocations.--The Secretary shall, upon 
     making a certification under this subsection, publicly 
     disclose the identity of the applicant and the amount of the 
     credit with respect to such applicant.
       ``(e) Denial of Double Benefit.--A credit shall not be 
     allowed under this section with respect to any facility if--
       ``(1) a credit has been allowed to such facility under 
     section 45 for such taxable year or any prior taxable year,
       ``(2) a credit has been allowed with respect to such 
     facility under section 46 by reason of section 48(a) or 
     48C(a) for such taxable or any preceding taxable year, or
       ``(3) a grant has been made with respect to such facility 
     under section 1603 of the American Recovery and Reinvestment 
     Act of 2009.''.
       (c) Conforming Amendments.--
       (1) Section 49(a)(1)(C) of the Internal Revenue Code of 
     1986 is amended--
       (A) by striking ``and'' at the end of clause (v),
       (B) by striking the period at the end of clause (vi) and 
     inserting ``, and'', and
       (C) by adding after clause (vi) the following new clause:
       ``(vii) the basis of any property which is part of a 
     qualifying offshore wind facility under section 48E.''.
       (2) The table of sections for subpart E of part IV of 
     subchapter A of chapter 1 of the Internal Revenue Code of 
     1986 is amended by inserting after the item relating to 
     section 48D the following new item:

``48E. Credit for offshore wind facilities.''.

       (d) Effective Date.--The amendments made by this section 
     shall apply to periods after the date of the enactment of 
     this Act, under rules similar to the rules of section 48(m) 
     of the Internal Revenue Code of 1986 (as in effect on the day 
     before the date of the enactment of the Revenue 
     Reconciliation Act of 1990).
                                 ______
                                 
  SA 3290. Mr. ALEXANDER (for himself and Mr. Merkley) 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 section 1306, add the following:
       (h) Secondary Use Applications.--
       (1) In general.--The Secretary shall carry out a research, 
     development, and demonstration program that--
       (A) builds on any work carried out under section 915 of the 
     Energy Policy Act of 2005 (42 U.S.C. 16195);
       (B) identifies possible uses of a vehicle battery after the 
     useful life of the battery in a vehicle has been exhausted;
       (C) conducts long-term testing to verify performance and 
     degradation predictions and lifetime valuations for secondary 
     uses;
       (D) evaluates innovative approaches to recycling materials 
     from plug-in electric drive vehicles and the batteries used 
     in plug-in electric drive vehicles;
       (E)(i) assesses the potential for markets for uses 
     described in subparagraph (B) to develop; and
       (ii) identifies any barriers to the development of those 
     markets; and
       (F) identifies the potential uses of a vehicle battery--
       (i) with the most promise for market development; and
       (ii) for which market development would be aided by a 
     demonstration project.
       (2) Report.--Not later than 1 year after the date of 
     enactment of this Act, the Secretary shall submit to the 
     appropriate committees of Congress an initial report on the 
     findings of the program described in paragraph (1), including 
     recommendations for stationary energy storage and other 
     potential applications for batteries used in plug-in electric 
     drive vehicles.
       (3) Secondary use demonstration.--
       (A) In general.--Based on the results of the program 
     described in paragraph (1), the Secretary shall develop 
     guidelines for projects that demonstrate the secondary uses 
     and innovative recycling of vehicle batteries.
       (B) Publication of guidelines.--Not later than 18 months 
     after the date of enactment of this Act, the Secretary 
     shall--
       (i) publish the guidelines described in subparagraph (A); 
     and
       (ii) solicit applications for funding for demonstration 
     projects.
       (C) Pilot demonstration program.--Not later than 21 months 
     after the date of enactment of this Act, the Secretary shall 
     select proposals for grant funding under this section, based 
     on an assessment of which proposals are mostly likely to 
     contribute to the development of a secondary market for 
     batteries.

                          ____________________