[Congressional Record Volume 162, Number 24 (Wednesday, February 10, 2016)]
[House]
[Pages H662-H668]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




       SAFE DRINKING WATER ACT IMPROVED COMPLIANCE AWARENESS ACT

  Mr. UPTON. Mr. Speaker, I move to suspend the rules and pass the bill 
(H.R. 4470) to amend the Safe Drinking Water Act with respect to the 
requirements related to lead in drinking water, and for other purposes, 
as amended.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                               H.R. 4470

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

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Safe Drinking Water Act 
     Improved Compliance Awareness Act''.

     SEC. 2. ENFORCEMENT OF DRINKING WATER REGULATIONS.

       Section 1414(c) of the Safe Drinking Water Act (42 U.S.C. 
     300g-3(c)) is amended--
       (1) in the header, by inserting ``States, the 
     Administrator, and'' before ``Persons Served'';
       (2) in paragraph (1)--
       (A) in subparagraph (C), by striking ``paragraph (2)(E)'' 
     and inserting ``paragraph (2)(F)''; and
       (B) by adding at the end the following:
       ``(D) Notice of any exceedance at the 90th percentile of a 
     lead action level in a regulation promulgated under section 
     1412.'';
       (3) in paragraph (2)--
       (A) in subparagraph (B), by striking ``subparagraph (D)'' 
     and inserting ``subparagraph (E)'';
       (B) in subparagraph (C)--
       (i) in the header, by striking ``Violations'' and inserting 
     ``Notice of violations'';
       (ii) in the matter preceding clause (i)--

       (I) by inserting ``, and each exceedance described in 
     paragraph (1)(D),'' after ``for each violation''; and
       (II) by inserting ``or exceedance'' after ``Each notice of 
     violation'';

       (iii) by inserting ``or exceedance'' after ``the 
     violation'' each place it appears; and
       (iv) in clause (iv)--

       (I) in subclause (I), by striking ``broadcast media'' and 
     inserting ``media, including broadcast media,'';
       (II) in subclause (II)--

       (aa) by striking ``in a newspaper of general circulation 
     serving the area'' and inserting ``for circulation in the 
     affected area, including in a newspaper of general 
     circulation serving the area,''; and
       (bb) by striking ``or the date of publication of the next 
     issue of the newspaper''; and

       (III) in subclause (III), by striking ``in lieu of 
     notification by means of broadcast media or newspaper'';

       (C) by redesignating subparagraphs (D) and (E) as 
     subparagraphs (E) and (F), respectively; and
       (D) by inserting after subparagraph (C) the following:
       ``(D) Notice by administrator.--If, after 24 hours after 
     the Administrator's notification under subsection (a)(1)(A), 
     the State with primary enforcement responsibility or the 
     owner or operator of the public water system has not issued a 
     notice that is required under subparagraph (C) for an 
     exceedance described in paragraph (1)(D), the Administrator 
     shall issue such required notice pursuant to this 
     paragraph.'';
       (4) in paragraph (3)(B)--
       (A) by striking ``subparagraph (A) and'' and inserting 
     ``subparagraph (A),''; and
       (B) by striking ``subparagraph (C) or (D) of paragraph 
     (2)'' and inserting ``subparagraph (C) or (E) of paragraph 
     (2), and notices issued by the Administrator with respect to 
     public water systems serving Indian Tribes under subparagraph 
     (D) of such paragraph'';
       (5) in paragraph (4)(B)--
       (A) in clause (ii), by striking ``the terms'' and inserting 
     ``the terms `action level',''; and
       (B) in clause (iii), by striking ``and (IV)'' and inserting 
     ``(IV) the action level for the contaminant, and (V)''; and
       (6) by adding at the end the following:
       ``(5) Exceedance of safe lead level.--
       ``(A) Strategic plan.--Not later than 120 days after the 
     date of enactment of this paragraph, the Administrator shall, 
     in collaboration with owners and operators of public water 
     systems and States, establish a strategic plan for how the 
     Administrator, a State with primary enforcement 
     responsibility, and owners and operators of public water 
     systems shall conduct targeted outreach, education, technical 
     assistance, and risk communication to populations affected by 
     lead in a public water system, including dissemination of 
     information described in subparagraph (C).
       ``(B) EPA initiation of notice.--
       ``(i) Forwarding of data by employee of epa.--If the 
     Environmental Protection Agency develops or receives, from a 
     source other than the State or the public water system, data, 
     which meets the requirements of section 1412(b)(3)(A)(ii), 
     indicating that the drinking water of a person served by a 
     public water system contains a level of lead that exceeds a 
     lead action level promulgated under section 1412, the 
     Administrator shall require an appropriate employee of the 
     Agency to forward such data to the owner or operator of the 
     public water system and to the State in which the exceedance 
     occurred within a time period established by the 
     Administrator.
       ``(ii) Dissemination of information by owner or operator.--
     If an owner or operator of a public water system receives a 
     notice under clause (i), the owner or operator, within a time 
     period established by the Administrator, shall disseminate to 
     affected persons the information described in subparagraph 
     (C).
       ``(iii) Consultation.--

[[Page H663]]

       ``(I) Deadline.--With respect to an exceedance at the 90th 
     percentile of a lead action level in a regulation promulgated 
     under section 1412, if the owner or operator of the public 
     water system does not disseminate, in the time period 
     established by the Administrator, the information described 
     in subparagraph (C), as required under clause (ii), not later 
     than 24 hours after becoming aware of such failure to 
     disseminate, the Administrator shall consult, within a period 
     not to exceed 24 hours, with the applicable Governor to 
     develop a plan, in accordance with the strategic plan, to 
     disseminate such information to affected persons within 24 
     hours of the end of such consultation period.
       ``(II) Delegation.--The Administrator may only delegate the 
     duty to consult under this clause to an employee of the 
     Environmental Protection Agency who is working in the Office 
     of Water, at the headquarters of the Agency, at the time of 
     such delegation.

       ``(iv) Dissemination by administrator.--The Administrator 
     shall, as soon as reasonably possible, disseminate to 
     affected persons the information described subparagraph (C) 
     if--

       ``(I) the Administrator and the applicable Governor do not 
     agree on a plan described in clause (iii)(I) during the 
     consultation period under such clause; or
       ``(II) the applicable Governor does not disseminate the 
     information within 24 hours of the end of such consultation 
     period.

       ``(C) Information required.--Information required to be 
     disseminated under this paragraph shall include a clear 
     explanation of the exceedance of a lead action level, its 
     potential adverse effects on human health, the steps that the 
     owner or operator of the public water system is taking to 
     correct the exceedance, and the necessity of seeking 
     alternative water supplies until the exceedance is corrected.
       ``(6) Privacy.--Any notice under this subsection to the 
     public or an affected person shall protect the privacy of 
     individual customer information.''.

     SEC. 3. PROHIBITION ON USE OF LEAD PIPES, SOLDER, AND FLUX.

       Section 1417 of the Safe Drinking Water Act (42 U.S.C. 
     300g-6) is amended--
       (1) by amending subsection (a)(2)(A) to read as follows:
       ``(A) In general.--
       ``(i) Identification and notice.--Each owner or operator of 
     a public water system shall identify and provide notice to 
     persons who may be affected by--

       ``(I) lead contamination of their drinking water where such 
     contamination results from--

       ``(aa) the lead content in the construction materials of 
     the public water distribution system; or
       ``(bb) corrosivity of the water supply sufficient to cause 
     leaching of lead; or

       ``(II) an exceedance at the 90th percentile of a lead 
     action level in a regulation promulgated under section 1412.

       ``(ii) Manner and form.--Notice under this paragraph shall 
     be provided in such manner and form as may be reasonably 
     required by the Administrator. Notwithstanding clause 
     (i)(II), notice under this paragraph shall be provided 
     notwithstanding the absence of a violation of any national 
     drinking water standard.'';
       (2) in subsection (b)(2)--
       (A) by striking ``The requirements'' and inserting the 
     following:
       ``(A) In general.--The requirements''; and
       (B) by adding at the end the following: ``Enforcement of 
     such requirements shall be carried out by a State with 
     primary enforcement responsibility or the Administrator, as 
     appropriate.
       ``(B) Notification by administrator.--In the case of an 
     exceedance described in subsection (a)(2)(A)(i)(II), if the 
     public water system or the State in which the public water 
     system is located does not notify the persons who may be 
     affected by such exceedance in accordance with subsection 
     (a)(2), the Administrator shall notify such persons of such 
     exceedance in accordance with subsection (a)(2), including 
     notification of the relevant concentrations of lead. Such 
     notice shall protect the privacy of individual customer 
     information.''; and
       (3) by adding at the end the following:
       ``(f) Public Education.--
       ``(1) In general.--The Administrator shall make information 
     available to the public regarding lead in drinking water, 
     including information regarding--
       ``(A) risks associated with lead in drinking water;
       ``(B) the likelihood that drinking water in a residence may 
     contain lead;
       ``(C) steps States, public water systems, and consumers can 
     take to reduce the risks of lead; and
       ``(D) the availability of additional resources that 
     consumers can use to minimize lead exposure, including 
     information on how to sample for lead in drinking water.
       ``(2) Vulnerable populations.--In making information 
     available to the public under this subsection, the 
     Administrator shall carry out targeted outreach strategies 
     that focus on educating groups within the general population 
     that may be at greater risk than the general population of 
     adverse health effects from exposure to lead in drinking 
     water.''.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Michigan (Mr. Upton) and the gentleman from New York (Mr. Tonko) each 
will control 20 minutes.
  The Chair recognizes the gentleman from Michigan.


                             General Leave

  Mr. UPTON. Mr. Speaker, I ask unanimous consent that all Members may 
have 5 legislative days in which to revise and extend their remarks and 
insert extraneous materials in the Record on the bill.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Michigan?
  There was no objection.
  Mr. UPTON. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I wish we weren't here today. I wish this bill was not 
necessary, but it is. Our hearts go out to the folks of Flint, 
Michigan. The system let them down at every level. That is, frankly, 
unacceptable.
  All folks want is the peace of mind that their government is looking 
out for their best interest and that their water is safe. This bill is 
the first step.
  Imagine if you went to draw a cup of cold water from your kitchen 
faucet and suddenly had to think about whether it is safe to drink or 
not. Now put yourself into the shoes of a parent whose son or daughter 
has already taken a drink from that faucet. Or, you made coffee or 
infant formula. What health risk has your child already been exposed 
to? What do we do now? How can we expect a family to live life day-to-
day without safe drinking water? And, after all those initial concerns, 
you begin asking yourself: How is this situation possible in the 21st 
century in the United States of America?
  We have been seeking answers to that question from EPA, from the 
State of Michigan, and from others. In the meantime, we know that part 
of the answer--certainly, not the whole story--is that there was a 
terrible breakdown in communication at every level of government.
  It is sickening and it breaks your heart that thousands of kids 
indeed could be at risk, being poisoned from faucets that they thought 
were safe.
  Government officials knew there was serious cause for concern and 
failed to inform the people of Flint. Many of those officials did not 
even seem to be effectively communicating and sharing data among 
themselves.
  The EPA regional office was not telling headquarters about 
everything, the State was not telling EPA everything, and we don't know 
yet what the city of Flint was telling the State or EPA. That has got 
to be fixed--and it has got to be fixed now.

                              {time}  1230

  The Safe Drinking Water Act Improved Compliance Awareness Act ensures 
that the public learns of excessive lead levels in their drinking water 
by setting forth how and when States, EPA, and public water utilities 
communicate their findings.
  The bill also strengthens public notification rules when lead levels 
are exceeded. Individual consumers will be told when their own house 
tests positive for lead problems. And if the community or States fail 
to notify the public, EPA will step in and do so. They are required to 
do that.
  The bill also requires EPA to create a strategic plan for handling 
and improving information flow among water utilities, the States, EPA, 
and affected drinking water consumers before there is an enforceable 
lead exceedance in drinking water. Let me repeat that: before lead 
levels get too high.
  Finally, this bipartisan bill requires consumer notification when 
water being transported in a lead pipe is so corrosive that, in fact, 
it could leach into public drinking water.
  I want to thank all Members of the House for their support, 
especially my Michigan colleagues, every one of which, from both 
parties, signed as an original cosponsor of this legislation.
  I want to particularly thank Mr. Kildee, a friend, who led this 
effort.
  I thank my colleagues on the Energy and Commerce Committee, 
particularly Frank Pallone, John Shimkus, and Paul Tonko, for their 
advice, collaboration, and support.
  I also want to thank two McCarthys, Kevin McCarthy, for scheduling 
this at almost a moment's notice, and my lead counsel on this 
legislation, Dave McCarthy, who helped write and improve the bill as it 
was originally introduced.
  What is said on this floor today will not do anything to ease the 
mind of a

[[Page H664]]

parent in Flint. The entire situation breaks your heart, but we have a 
responsibility, working together as Republicans and Democrats, to fix 
the problem. This bill is an important step.
  I reserve the balance of my time.
  Mr. TONKO. Mr. Speaker, I yield myself such time as I may consume.
  I rise today in support of H.R. 4470, the Safe Drinking Water Act 
Improved Compliance Awareness Act, introduced last week by our 
colleague Representative Kildee, with the support of other members of 
the Michigan delegation.
  This bill would strengthen requirements to have the EPA notify the 
public when concentrations of lead exceed Federal standards. That is 
notifying the public.
  While I support this legislation and urge my colleagues to support 
it, far more than this is needed to address the many failings that led 
to the tragic circumstances that are still being experienced by the 
residents of Flint, Michigan, a situation that has drawn the Nation's 
attention and drawn compassion for children and their families. This 
should never have occurred in any city in our Nation.
  As with any such tragic failure, there is an attempt to assess blame. 
Well, accountability is important. Those who failed in their 
responsibility should be held accountable.
  But no one here has yet taken responsibility for our part, Congress' 
part, in this event. Collectively, this Congress as well as many 
previous Congresses have failed to maintain Federal support for the 
maintenance and improvements of our water infrastructure.
  We have been underfunding these systems for decades. The poor 
condition of the water treatment and distribution system in Flint set 
the stage for this tragedy.
  We are doing this in an attempt to save money. Well, in fact, we are 
wasting many millions of dollars more by allowing essential 
infrastructure to deteriorate to the extent where a constant stream of 
emergency responses and repairs are required to keep these systems 
working.
  Finally, we need to do something for the people of Flint. The State 
of Michigan and President Obama's administration have both begun to 
mobilize resources to deal with the immediate need for safe drinking 
water, and they are working to eliminate lead from the water 
distribution system. But we still don't know if essential corrosion 
control can be reestablished.
  And bottled water does not solve Flint's problems. The residents of 
Flint need a fully functioning public water system that delivers safe, 
clean water to their homes, to their schools, and to their businesses. 
We need to work with the State of Michigan to make that happen.
  We need to care for the people who were exposed to lead, especially 
our children, who are most vulnerable to lead exposure. They need 
treatment and sustained assistance to deal with the health problems 
they may experience as a result of this manmade disaster.
  The conditions that enabled this crisis to happen are not unique to 
Flint. And while this bill is a first step to help communities that may 
face these problems in the future, it cannot be our last step. We must 
embrace our responsibility to support Federal investment in drinking 
water systems.
  The public health and future prosperity of the people of Flint and 
thousands of other communities across our great Nation are continuing 
to suffer from the concerns and are counting on our progressive 
actions. I look forward to continuing this discussion.
  I reserve the balance of my time.
  Mr. UPTON. Mr. Speaker, I yield 3 minutes to the gentleman from 
Michigan (Mr. Walberg), a cosponsor of the bill.
  Mr. WALBERG. Mr. Speaker, I want to start by thanking my friends, Dan 
Kildee and Chairman Upton, for their work on this bipartisan 
legislation and ensuring a swift congressional response to the ongoing 
water crisis in Flint, Michigan.
  What have we learned, and what will we do both now and into the 
future, Mr. Speaker, is the question.
  What happened in Flint is not a natural disaster. It is a human 
disaster and a failure of government at every level.
  In my questioning at last week's Oversight and Government Reform 
Committee hearing, it became very clear that individuals with the EPA 
knew about the high lead levels in the drinking water for months but 
failed to communicate this information to the people of Flint, even 
under repeated Freedom of Information Act requests.
  The bill we are considering today takes important steps to strengthen 
Federal requirements on the EPA to notify the public when 
concentrations of lead in drinking water are above Federal 
requirements.
  I am glad the entire Michigan delegation is backing this bill; and I 
am committed to continuing to work together to get answers and help the 
families in Flint who need clean water and, for that matter, Mr. 
Speaker, learning from this for the families in the entire United 
States to make sure that this doesn't happen to them as well.
  Mr. Speaker, in America, in the 21st century, children should not 
have to worry about safe and clean drinking water. The Flint water 
crisis never should have happened, and we must take action to ensure it 
never happens again.
  Making things right must be a cooperative effort at every level, and 
this bill takes important steps to ensure proper coordination going 
forward.
  I offer all of my support, all of my assistance, all of my help and 
my votes to make sure this happens.
  Mr. TONKO. Mr. Speaker, I yield 5 minutes to the gentleman from 
Michigan (Mr. Kildee), who has carried the concern and the emotion of 
this situation as the Representative in the House of Flint, Michigan. 
His energetic efforts, his determination, his obvious passion for 
getting this done, getting some relief, the relief essential for Flint 
done, is tremendously moving.
  Mr. KILDEE. I thank Mr. Tonko for his comments and his support and 
leadership on this issue.
  And I would like him to please extend my thanks to Ranking Member 
Pallone for his effort and his support. I know he is dealing with a 
difficult time himself right now, and we extend our best wishes to him.
  I want to thank all of my Michigan colleagues for joining as original 
cosponsors of this legislation; and I particularly thank Chairman Upton 
for his help, his guidance, his assistance and, really, collaboration 
on getting a piece of legislation put together that we think is very 
helpful in preventing another situation such as what has occurred in my 
hometown from ever happening again in the United States.
  I again thank Mr. Upton for his assistance and leadership on this.
  Flint is my home. The people I represent are the people I grew up 
with in Flint, Michigan. It is a great community. It has been through 
some struggles, for sure, in the last few decades, but we have never 
dealt with anything quite like this, something so fundamental as safe 
drinking water that we take for granted.
  You turn on the faucet, as Mr. Upton said, you expect the water that 
comes out of that faucet to be safe for yourself, for your children, to 
make formula, to cook food, to drink. And because of a series of 
decisions that really are almost incomprehensible in their impact, 
people in Flint, Michigan, can't drink their water; 100,000 people 
can't drink the water.
  The thing that makes me most upset--sad, yes, but also angry--is that 
this crisis, this situation, which will last for decades in its impact, 
was completely avoidable.
  Unlike a lot of other struggles that my hometown has faced as a 
result of big changes in the economy--development patterns, et cetera--
this was a series of decisions that we can easily identify that could 
easily have been prevented with just more thought and more care and, in 
this case, a stronger set of requirements for disclosure when lead 
levels are elevated in a drinking water system.
  So this legislation is one step. It is not the total solution. We 
really have to deal--and I hope my colleagues will also join us--with 
putting together a response to the crisis being felt by the people in 
Flint right now.
  This bill, unfortunately, is too late to help them, but it can help 
the next Flint, perhaps. This would require the EPA to provide notice 
if the State agency responsible for enforcement of the clean drinking 
water laws does not act to provide notice to the citizens affected and 
to the water system.

[[Page H665]]

  Let me just be clear on that. The State of Michigan, in the case of 
the Flint situation, has primacy in terms of enforcement of these laws. 
It is their obligation to ensure that the clean drinking water laws are 
enforced, to collect data, to do sampling and testing, and to provide 
remediation, to provide intervention, if, in fact, it is not the case.
  So, yes, there has been a failure of government, but I think we have 
to take care not to attempt to create some sort of false sense of 
equivalency of responsibility.
  The city of Flint, for example, which is the most local level of 
government and where the water system is operated, was under the 
control of an emergency manager, a State official appointed to overtake 
operation of the city of Flint. So to the extent that the city was 
responsible, the city was the State in this regard.
  In terms of the Federal role, there was apparent confusion or 
disagreement as to whether the EPA had authority, absent State 
notification to the public of the data that they had, whether the EPA 
had authority to go public, to make it clear that there was a problem. 
This legislation addresses that.
  This legislation strengthens the hand of those who work at the EPA 
and actually requires them--not simply allows, but requires them--to 
provide notice to the public and to a water system operator in the 
event that the State fails to do so. Had that happened, it would not 
have prevented the bad decisions that led to this crisis, but it would 
have prevented them from going on for months and months and months with 
no action to protect the people in Flint.
  This is important legislation. We need more. We need help for the 
people of Flint. But this is a step in the right direction in 
preventing what happened in Flint from happening to another community.
  Mr. UPTON. Mr. Speaker, might I inquire as to how much time I have 
remaining on my side.
  The SPEAKER pro tempore. The gentleman from Michigan (Mr. Upton) has 
13\1/2\ minutes remaining. The gentleman from New York (Mr. Tonko) has 
11\1/2\ minutes remaining.

                              {time}  1245

  Mr. UPTON. Mr. Speaker, I yield 3 minutes to the gentleman from 
Michigan (Mr. Bishop), again, an original cosponsor of the bill.
  Mr. BISHOP of Michigan. Mr. Speaker, I would first like to begin by 
thanking the gentleman from Flint, Michigan (Mr. Kildee) for his 
leadership in this matter and for raising our attention to this.
  Also, I would like to thank Chairman Upton for his leadership for the 
Michigan delegation in bringing us together and putting aside any 
partisan differences to address a need of our great State and, also, 
for the children and families across our country.
  I have spent my entire life in the State of Michigan. I was born 
there and raised there. Many generations before me were the same, born 
and raised in Michigan. My current family, my wife and my three kids, 
also live in Michigan and will also, I am sure, see to it that their 
children live there as well.
  When I learned what happened in Flint, I was absolutely heartbroken. 
Frankly, it frightens me to think that a failure of this magnitude 
could happen in the 21st century and in our State.
  Can you imagine not being able to drink the water from your own tap? 
What if you weren't able to bathe or take a shower because of fear of 
what might be in the water? The anger and the frustration is palpable, 
and it should be.
  My district borders on Congressman Kildee's, and I can tell you 
firsthand the crisis not only affects and impacts the community of 
Flint, but the entire Great Lakes State.
  For weeks I have seen local high schools, veterans groups, and 
concerned citizens--you name it--people from all over Michigan, rising 
up to address the crisis and to help the residents, the families, and 
children of Flint.
  When it comes to local, State, and Federal leadership, we must do 
everything possible to help as well. Every single one of us here today 
has a duty to ensure families and children are safe and have access to 
the essentials, the most basic of which is clean drinking water from 
household faucets.
  Sure, we can point fingers and play the blame game. But when it comes 
down to fixing it, we must do so fast. We need more action than words. 
We need solutions.
  What Chairman Upton and Congressman Kildee have proposed is a first-
step solution to ensure this won't happen again.
  First and foremost, this legislation makes sure the EPA will step in 
and notify the public when they know concentrations of lead in drinking 
water are above Federal requirements. It also streamlines communication 
between utilities, the States, the EPA, and the affected customers.
  The entire delegation of the State of Michigan and Congress agree 
that this is a crisis. But to be clear, this is not a Democratic or 
Republican issue. I would say shame on anyone who attempts to 
capitalize on this issue or use the families of Flint in this crisis to 
further their own personal agenda. This is about common sense and 
delivering solutions to these children and families.
  I ask my colleagues on behalf of both sides of the aisle to join 
Michigan and help us take action.
  Mr. TONKO. Mr. Speaker, I yield 5 minutes to the gentlewoman from 
Michigan (Mrs. Lawrence). She is another member of the Michigan 
delegation.
  Representative Brenda Lawrence has shown great leadership in her role 
on the Oversight and Government Reform Committee and, again, has been a 
passionate voice to address the families of Flint.
  Mrs. LAWRENCE. Mr. Speaker, I want to say that the crisis in Flint 
demands action. I ran for Congress after serving as a mayor because I 
felt strongly that our government has a responsibility.
  When you ask for a vote, you are asking for the trust in our 
government. We betrayed the trust of our citizens when we did not 
provide a human need, and that is clean water.
  I stand here today encouraged. I ran on the premise that we need to 
work together as a government. I can tell you that this crisis in Flint 
is not a political issue. It is a moral issue. It is why each of us in 
Congress sit here today on the vote of the people's trust, and that is 
to take care of this great country.
  It is a moral issue, and it calls for all of us in Congress to act. 
Today I am standing here with a sense of hope being fulfilled that we 
have eliminated the aisle, and we are standing here together.
  Mr. Speaker, I rise in strong support of H.R. 4470, the Safe Drinking 
Water Act Improved Compliance Awareness Act. This bill will ensure that 
EPA notifies communities of lead contamination if State or local 
agencies fail to do so. That clearly is what happened in Flint.
  Local water authorities will have to provide notification to the 
public when lead contamination is a result of lead from pipes and other 
infrastructure leaching into the water supply. This notice will have to 
be provided to affected residents, regardless of whether any drinking 
water standards were violated.
  If the operator does not notify the public--in this case, it was 
Michigan Environmental Quality--if they do not notify the public, then 
the EPA must do so. This is precisely what happened in Flint.
  State officials repeatedly ignored the pleas of the residents and 
those we are calling civic heroes from outside and experts about the 
lead levels.
  Passing this bill today will ensure that the situation in Flint--and 
I am joining with my Republican colleagues and Democratic--never 
happens again in our United States. The decision to share that type of 
critical information should not be based on political judgment.
  H.R. 4470 will ensure that residents acquire the information they 
need about their drinking water systems and give EPA the ability and 
responsibility to step in and notify residents if a State or water 
system fails to act.
  H.R. 4470 is just the first step, as we heard, in addressing our 
country's drinking water infrastructure issue. I hope that we can 
continue to work together in a bipartisan manner to ensure that Flint 
never happens again.
  This is the first step in fixing our infrastructure in America 
because other

[[Page H666]]

Members of Congress have talked about lead water crises in their 
communities. So this is a first step.
  For me, this is a fulfilling day to stand here and support my 
colleagues, regardless of our political affiliation, and take care of 
the people of America.
  Mr. UPTON. Mr. Speaker, I yield 2 minutes to the gentleman from 
Michigan (Mr. Moolenaar). Again, he is a cosponsor of Mr. Kildee's 
bill.
  Mr. MOOLENAAR. Mr. Speaker, I also want to join my Michigan 
colleagues as a cosponsor of this legislation and thank Representative 
Kildee and Chairman Upton for bringing this legislation forward.
  Our hearts go out to the people of Flint who are enduring so much and 
persevering during this time. It is heartwarming to see the way people 
across the country have come together in support of the people of 
Flint.
  The sad thing is that this situation could have been prevented and 
should have been prevented. The legislation we are discussing today 
here in the House of Representatives is because of failures in local, 
State, and Federal Government.
  The fact is that the officials at the EPA knew last April--10 months 
ago--that the Flint Utilities Department was not using corrosion 
controls, putting water safety at risk.
  Instead of alerting the public, the EPA stayed silent. When an EPA 
employee tried to speak out, he was silenced. The EPA deferred to a 
State agency, the MDEQ, which also failed to tell the public.
  Last month the EPA administrator sent a memo creating a formal policy 
on the importance of assessing and responding to critical public health 
issues. That the administrator had to remind employees of the 
importance of public health speaks to the misplaced priority of the EPA 
and its officials.
  So today we have to pass a law requiring the Agency to notify the 
public when water quality is unsafe and constitutes a public health 
threat. This legislation is a reminder to the EPA that it needs to 
focus on its core responsibility with safe drinking water, using its 
authority appropriately, rather than overreaching outside of its 
jurisdiction.
  This is an example of one community that has been adversely affected. 
Flint is not alone in this challenge, and this has ramifications all 
across our country.
  I urge my colleagues to support this bill.
  Mr. TONKO. Mr. Speaker, I am waiting for another individual to offer 
testimony.
  I reserve the balance of my time.
  Mr. UPTON. Mr. Speaker, I yield 2 minutes to the gentleman from 
Michigan (Mr. Trott), another cosponsor of the legislation.
  Mr. TROTT. Mr. Speaker, I also want to thank Chairman Upton and 
Representative Kildee for their important, bipartisan work on this 
issue.
  I rise today in support of the Safe Drinking Water Act Improved 
Compliance Awareness Act. This bill is a step in the right direction to 
preserve and protect the health of our citizens.
  The legislation requires the EPA administrator to work with States 
and local water authorities to develop a strategic plan for addressing 
lead contaminants in drinking water. This important legislation will 
ensure that the complete failure to notify people of a health risk, 
which occurred in Flint, does not happen again.
  This is an issue that many communities across our country will have 
to deal with as our water system infrastructure ages. We must ensure 
that the public is aware, our citizens are informed, and that our water 
authorities and agencies identify and take steps to prevent this level 
of failure from happening again.
  Mr. Speaker, on the Federal level, it is unacceptable that the EPA, 
an agency with a budget of over $8 billion, did not escalate its 
concerns over the presence of lead contaminants.
  This is an agency that is literally paid to protect the public health 
and environment, and it failed. This failure may not happen again. All 
Americans should feel safe drinking water from their kitchen sink.
  This legislation is a commonsense solution. I urge its immediate 
passage.
  Mr. TONKO. Mr. Speaker, I continue to reserve the balance of my time.
  Mr. UPTON. Mr. Speaker, I yield 2 minutes to the gentleman from South 
Carolina (Mr. Sanford).
  Mr. SANFORD. Mr. Speaker, I rise in support of this act. I thank the 
chairman for his hard work and the committee's hard work on this bill.
  I will be exceedingly brief because certainly, as has been outlined 
by any number of different speakers, this is about a failure of 
government at a multitude of different levels, at the State, local, and 
Federal levels, a real failure and real consequences to the people of 
Flint.
  It is also, I think, a reminder to all of us of the significance of 
bracket creep in government; wherein, if everybody is involved, nobody 
is involved; if everybody is accountable, nobody is accountable.
  That is true of a government at a government level. It is true of a 
regulatory body. The importance of clearly defined missions I think is 
part of what your strategic plan really gets at in this act, and I 
admire your work on that.
  I also want to just reference that this is also a reminder, a wake-up 
call, if you will, on the importance of watching out for unsustainable 
political promises.
  I say that because, if you look at the general budget and the general 
fund within Flint, basically one-third of their revenue goes to pay for 
retiree benefits.
  That number by the year 2020 is going to rise to essentially 40 
percent, 40 percent. I bring that up because it is indeed a wake-up 
call to the unsustainability of our Federal promises as you look at the 
numbers going forward at the Federal level.
  So my heart goes out to the people of Flint. I think that this is an 
important measure going forward, but it is also an important reminder 
to every one of us here at the Federal level to watch out for the 
unsustainable promises here in Washington.
  Mr. TONKO. Mr. Speaker, might I inquire how much time remains?
  The SPEAKER pro tempore (Mr. Yoder). The gentleman from Michigan has 
5\1/2\ minutes remaining. The gentleman from New York has 8 minutes 
remaining.
  Mr. TONKO. Mr. Speaker, I yield 3 minutes to the gentleman from 
Michigan (Mr. Kildee).
  Mr. KILDEE. Mr. Speaker, I thank my friend for yielding. I appreciate 
all the comments and the support, especially the sympathy and, really, 
unity with the people of my hometown of Flint.
  I do want to ensure, though, that we are properly characterizing the 
legislation, its reasoning, and its impact.
  The legislation would actually not just require EPA to provide 
notice, but would require the local jurisdiction, the State agency, to 
provide them with the opportunity to do what they should do anyway, 
that is, to provide notice. Absent their willingness to do so, the EPA 
would then be required.
  It is an important distinction because, in this case, the State of 
Michigan has primacy in enforcement of these rules.
  The EPA in the case of Flint did take action when they learned of the 
elevated lead levels. The action was to repeatedly reach out to the 
Michigan Department of Environmental Quality and insist that they 
enforce the lead and copper rule.
  Actually, they went so far as to insist that they initiate corrosion 
control, which is the mechanism by which lead leaching would have been 
prevented.

                              {time}  1300

  Not only did the Michigan Department of Environmental Quality fail to 
act, they actually told the EPA almost a year ago that they actually 
had initiated corrosion control when they had not.
  I think it would be a mistake to create some sort of equivalency 
between the role of the EPA and the role of the State of Michigan in 
this. It was the State of Michigan that had prime responsibility that 
failed.
  The EPA, while I would have preferred that they had shouted from the 
mountaintop that they were having this problem getting the lead agency 
to enforce the rule, there was at least confusion as to whether or not 
they had the authority to do so. Even today, the State of Michigan 
continues to push back on the EPA's attempts to

[[Page H667]]

test water to insist on enforcement. It is an important distinction to 
make.
  Regarding my friend Mr. Sanford's comments, I appreciate his 
reflection on the financial situation within the city of Flint. While 
that is a set of questions that clearly needs attention, the truth of 
the matter is, had the Michigan Department of Environmental Quality 
insisted on the use of corrosion control in the Flint water system, as 
the law would require, the cost would have been $140 a day. All of this 
could have been prevented by the State simply requiring that $140 a day 
be spent.
  This legislation is important in preventing this from happening again 
so that an agency of a State that refuses to enforce the law at least 
can't do so in the dark; and if the State won't give public notice, it 
would require the EPA to do so. This is an important step. We have 
crafted this legislation to make sure that each level of government is 
transparent when it comes to these issues.
  Mr. UPTON. Mr. Speaker, I reserve the balance of my time.
  Mr. TONKO. Mr. Speaker, I yield myself the balance of my time.
  In closing, let me again offer my appreciation to Chairman Upton and 
our ranking member, Representative Pallone, for their leadership on 
this and for working in a spirit of bipartisanship to bring this 
measure to the floor and in working with the Michigan delegation and, 
in particular, Representative Kildee, who has been directly impacted on 
behalf of Flint, Michigan, which he represents.
  I would also make certain that we remember that under the Safe 
Drinking Water Act, as Representative Kildee indicated, States have 
primacy, an important issue for Members who frequently talked about 
empowering our State and local governments. It is a State's 
responsibility when they accept that role of primacy to run these 
systems and comply with Federal standards.
  Before we point fingers at the EPA, let's remember that Congress has 
cut its budget year after year. We want them to do more with less. We 
have passed the point of achieving efficiency, we have cut valuable 
staffing, and we have cut valuable programs.
  We can point to failures by all levels of government in this 
situation, but the public doesn't want to hear us blame anyone. They 
want and deserve real solutions and financial assistance to address the 
crisis at hand.
  We need to help the people of Flint and better protect our public 
health going forward.
  Mr. Speaker, I yield back the balance of my time.
  Mr. UPTON. Mr. Speaker, I yield myself the balance of my time.
  I encourage all of my colleagues to support this legislation.
  Mr. Tonko said this bill is not about a blame game. We are trying to 
fix a problem so it doesn't happen again anyplace.
  I just might note that the House was out 2 weeks. We had Martin 
Luther King week, then we had the snowstorm, and we couldn't come back.
  Our committee held a number of briefings. I expanded it to include 
certainly all of the members--Republican and Democrat--on the Energy 
and Commerce Committee, but I also extended that out to all of the 
members of the Michigan delegation, both our Senators, as well as the 
Oversight and Government Reform Committee majority and minority staff.
  Mr. Kildee mentioned about Mr. Pallone not being here. His father 
died earlier this week, so he is where he should be. But he cares 
deeply about this legislation as well.
  I know when I sat down with my friend Mr. Kildee last week to talk 
about the intent of this legislation and where he was, we were able to, 
I think, make some important, constructive changes that strengthen the 
bill. It was a no-brainer for us to get every Member on both sides of 
the aisle from Michigan to be an original cosponsor, and I congratulate 
him for that initiative.
  But I must say, too, this is a first step. I know in the future our 
committee is going to be looking at how we can better expand 
flexibility, I think, of States as it relates to their safe drinking 
water fund, and the State revolving fund as well. We are looking to 
hear from the States what we might be able to do on the Federal 
response. Again, the primacy is at the State and local level, 
particularly when a State, like we have seen here, actually has been 
given an emergency declaration, as our Governor sought.
  I encourage all of my colleagues to support this bill, and I commend 
Mr. Kildee.
  I yield back the balance of my time.
  Mr. VAN HOLLEN. Mr. Speaker, I rise in support of the Safe Drinking 
Water Act Improved Compliance Awareness Act and am proud to be a 
cosponsor of this bill, which will strengthen public notification 
requirements in the event of lead contamination.
  The situation in Flint is unacceptable--it is a violation of the 
right to clean water and a breakdown of the basic responsibility of 
government to its citizens. And it was completely preventable--we know 
the damaging impacts of lead and we know how to protect people from 
lead poisoning. We need an aggressive response, both for the people in 
Flint and for every community that faces lead exposure.
  Today's bill is just a first step to address this problem by ensuring 
that when contamination occurs, communities will be informed of what is 
happening and what will be done to fix it. We should follow this action 
with support for the Flint community and robust funding for lead 
poisoning prevention and clean water programs. I look forward to our 
continued work to protect children and communities from the dangers of 
lead.
  Mr. PALLONE. Mr. Speaker, I rise in support of the Safe Drinking 
Water Act Improved Compliance Awareness Act, as amended. This bill will 
allow more transparency and increase education and outreach efforts to 
communities about their drinking water systems.
  Communities are entitled to information about their drinking water, 
and we should make every effort to ensure that Americans receive clear, 
concise and timely information about the safety of that water. This 
bill addresses a concern raised during the Flint water crisis about the 
significant delay in informing Flint residents about the dangerous 
levels of lead in their water. I greatly appreciate the work of Mr. 
Kildee and the Michigan Delegation in coming together and quickly 
pufting forward this legislation. It is a good place to begin our 
efforts to help Flint and I support its passage.
  Yet, this is a small, first step and does not address the imminent 
and long-term problems facing our nation's water systems. I know my 
friend from Michigan, Mr. Kildee, agrees with me on this and has put 
forward legislation focusing on immediate and long-term investments for 
Flint to address both its health and infrastructure needs. We must do 
more for Flint and more to ensure that our nation as a whole receives 
safe, clean drinking water at the tap.
  As I have stated time and again, our drinking water systems are 
deteriorating. Transparency is important, but we need to follow this 
effort with a reauthorization of the Safe Drinking Water Act that 
increases the investment in our drinking water systems.
  We must invest in our drinking water infrastructure to repair, 
maintain, and replace aging pipes. We also must equip communities with 
the resources to ensure the delivery of safe drinking water, safeguard 
systems from vulnerabilities such as climate change, and encourage good 
financial and environmental management of water systems. There is no 
doubt that this will be a large task, but we cannot shy away from it. 
The longer we delay, the more costly the investment.
  This should be a wakeup call that we cannot continue to stand by 
watching as Flint--and far too many other American communities--are 
exposed to unsafe drinking water. We must take action now.
  Again, I commend Mr. Kildee and the co-sponsors for their efforts on 
this legislation. I thank the Gentleman and his staff for working with 
me and my staff to ensure this bill will truly increase transparency 
for communities.
  I urge my colleagues to support this bill and look forward to 
additional opportunities to work in a bipartisan fashion in the 
remaining months of this Congress on the pressing issue of safe, 
reliable drinking water for all Americans.
  Mr. CONYERS. Mr. Speaker, I rise today in support of H.R. 4470, the 
Safe Drinking Water Act Improved Compliance Awareness Act. This bill is 
a good first step to helping ensure the Environmental Protection Agency 
(EPA) never again allows an intransigent state government endanger the 
public welfare.
  Let there be no mistake. The blame for what happened in Flint lies 
directly at the feet of Governor Snyder who ignored Flint's democratic 
rights, his appointed Emergency Managers who wanted to save a buck, and 
the Michigan Department of Environmental Quality (MDEQ) that was too 
timid to protect the public from haphazard changes to the Flint water 
system.
  But the EPA needs to take some blame for not dismissing out of hands 
the efforts of the Governor, his Emergency Managers, and MDEQ to delay 
addressing the crisis in Flint.

[[Page H668]]

The EPA let the endless echo of ``EPA overreach'' prevent them from 
doing their job--which is telling anti-regulatory special interests 
that the public's health comes first.
  This bill is a start to fixing that problem, but we have a long way 
to go. My colleagues across the aisle need to stop fighting EPA on 
behalf of special interests, and start fighting alongside EPA in the 
public interest.
  Because if they don't, there will be more Flints, there will be more 
mothers who can't sleep because their children are sick, and there will 
be more ``bi-partisan'' bills expressing hindsight support for EPA 
action.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Michigan (Mr. Upton) that the House suspend the rules 
and pass the bill, H.R. 4470, as amended.
  The question was taken.
  The SPEAKER pro tempore. In the opinion of the Chair, two-thirds 
being in the affirmative, the ayes have it.
  Mr. UPTON. Mr. Speaker, on that I demand the yeas and nays.
  The yeas and nays were ordered.
  The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, further 
proceedings on this motion will be postponed.

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