[Congressional Record Volume 162, Number 29 (Wednesday, February 24, 2016)]
[Senate]
[Pages S1013-S1015]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 3323. Ms. STABENOW (for herself, Mr. Inhofe, Mr. Peters, Mr.
Portman, Mr. Brown, Mr. Kirk, Mr. Reed, Mr. Burr, Mr. Durbin, Mrs.
Boxer, and Ms. Mikulski) submitted an amendment intended to be proposed
by her to the bill H.R. 4470, to amend the Safe Drinking Water Act with
respect to the requirements related to lead in drinking water, and for
other purposes; which was ordered to lie on the table; as follows:
Strike out all after the enacting clause, and insert the
following:
TITLE ___--PREVENTION OF AND PROTECTION FROM LEAD EXPOSURE
SEC. __01. DRINKING WATER INFRASTRUCTURE.
(a) Definitions.--In this section:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Environmental Protection Agency.
(2) Eligible state.--The term ``eligible State'' means a
State for which the President has declared an emergency under
the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5121 et seq.) relating to the
public health threats associated with the presence of lead or
other contaminants in a public drinking water supply system.
(3) Eligible system.--The term ``eligible system'' means a
public drinking water supply system that is the subject of an
emergency declaration referred to in paragraph (2).
(b) State Revolving Loan Fund Assistance.--
(1) In general.--An eligible system shall be--
(A) considered to be a disadvantaged community under
section 1452(d) of the Safe Drinking Water Act (42 U.S.C.
300j-12(d)); and
(B) eligible to receive loans with additional subsidization
under that Act (42 U.S.C. 300f et seq.), including
forgiveness of principal under section 1452(d)(1) of that Act
(42 U.S.C. 300j-12(d)(1)).
(2) Authorization.--
(A) In general.--Using funds provided under subsection
(e)(1)(A), an eligible State may provide assistance to an
eligible system within the eligible State, for the purpose of
addressing lead or other contaminants in drinking water,
including repair and replacement of public and private
drinking water infrastructure.
(B) Inclusion.--Assistance provided under subparagraph (A)
may include additional subsidization under the Safe Drinking
Water Act (42 U.S.C. 300f et seq.), as described in paragraph
(1)(B).
(C) Exclusion.--Assistance provided under subparagraph (A)
shall not include assistance for a project that is financed
(directly or indirectly), in whole or in part, with proceeds
of any obligation issued after the date of enactment of this
Act--
(i) the interest of which is exempt from the tax imposed
under chapter 1 of the Internal Revenue Code of 1986; or
(ii) with respect to which credit is allowable under
subpart I or J of part IV of subchapter A of chapter 1 of
such Code.
(3) Limitation.--Section 1452(d)(2) of the Safe Drinking
Water Act (42 U.S.C. 300j-12(d)(2)) shall not apply to--
(A) any funds provided under subsection (e)(1)(A); or
(B) any other loan provided to an eligible system.
(c) Water Infrastructure Financing.--
(1) Secured loans.--
(A) In general.--Using funds provided under subsection
(e)(2)(A), the Administrator may make a secured loan under
the Water Infrastructure Finance and Innovation Act of 2014
(33 U.S.C. 3901 et seq.) to--
(i) an eligible State to carry out a project eligible under
paragraphs (2) through (9) of section 5026 of that Act (33
U.S.C. 3905) to address lead or other contaminants in
drinking water in an eligible system, including repair and
replacement of public and private drinking water
infrastructure; and
(ii) any eligible entity under section 5025 of that Act (33
U.S.C. 3904) for a project eligible under paragraphs (2)
through (9) of section 5026 of that Act (33 U.S.C. 3905).
(B) Amount.--Notwithstanding section 5029(b)(2) of the
Water Infrastructure Finance and Innovation Act of 2014 (33
U.S.C. 3908(b)(2)), the amount of a secured loan provided
under subparagraph (A)(i) may be equal to not more than 80
percent of the reasonably anticipated costs of the projects.
(2) Federal involvement.--Notwithstanding section
5029(b)(9) of the Water Infrastructure Finance and Innovation
Act of 2014 (33 U.S.C. 3908(b)(9)), any costs for a project
to address lead or other contaminants in drinking water in an
eligible system that are not covered by a secured loan under
paragraph (1) may be covered using amounts in the State
revolving loan fund under section 1452 of the Safe Drinking
Water Act (42 U.S.C. 300j-12).
(d) Nonduplication of Work.--An activity carried out
pursuant to this section shall not duplicate the work or
activity of any other Federal or State department or agency.
(e) Funding.--
(1) Additional drinking water state revolving fund
capitalization grants.--
(A) In general.--The Secretary of the Treasury shall make
available to the Administrator a total of $100,000,000 to
provide additional grants to eligible States pursuant to
section 1452 of the Safe Drinking Water Act (42 U.S.C. 300j-
12), to be available during the period of fiscal years 2016
and 2017 for the purposes described in subsection (b)(2).
(B) Supplemented intended use plans.--From funds made
available under subparagraph (A), the Administrator shall
obligate to an eligible State such amounts as are necessary
to meet the needs identified in a supplemented intended use
plan by not later than 30 days after the date on which the
eligible State submits to the Administrator a supplemented
intended use plan under section 1452(b) of the Safe Drinking
Water Act (42 U.S.C. 300j-12(b)) that includes preapplication
information regarding projects to be funded using the
additional assistance, including, with respect to each such
project--
(i) a description of the project;
(ii) an explanation of the means by which the project will
address a situation causing a declared emergency in the
eligible State;
(iii) the estimated cost of the project; and
(iv) the projected start date for construction of the
project.
(C) Unobligated amounts.--Any amounts made available to the
Administrator under subparagraph (A) that are unobligated on
the date that is 18 months after the date on which the
amounts are made available shall be available to provide
additional grants to States to capitalize State loan funds as
provided under section 1452 of the Safe Drinking Water Act
(42 U.S.C. 300j-12).
(D) Applicability.--Section 1452(b)(1) of the Safe Drinking
Water Act (42 U.S.C. 300j-12(b)(1)) shall not apply to a
supplement to an intended use plan under subparagraph (B).
(2) WIFIA funding.--
(A) In general.--As soon as practicable after the date of
enactment of this Act, the
[[Page S1014]]
Secretary of the Treasury shall make available to the
Administrator $70,000,000 to provide credit subsidies, in
consultation with the Director of the Office of Management
and Budget, for secured loans under subsection (c)(1)(A) with
a goal of providing secured loans totaling at least
$700,000,000.
(B) Use.--Secured loans provided pursuant to subparagraph
(A) shall be available to carry out activities described in
subsection (c)(1)(A).
(3) Applicability.--Unless explicitly waived, all
requirements under the Safe Drinking Water Act (42 U.S.C.
300f et seq.) and the Water Infrastructure Finance and
Innovation Act of 2014 (33 U.S.C. 3901 et seq.) shall apply
to funding provided under this subsection.
(f) Health Effects Evaluation.--
(1) In general.--Pursuant to section 104(i)(1)(E) of the
Comprehensive Environmental Response, Compensation, and
Liability Act (42 U.S.C. 9604(i)(1)(E)), and on receipt of a
request of an appropriate State or local health official of
an eligible State, the Director of the Agency for Toxic
Substances and Disease Registry of the National Center for
Environmental Health shall in coordination with other
agencies, as appropriate, conduct voluntary surveillance
activities to evaluate any adverse health effects on
individuals exposed to lead from drinking water in the
affected communities.
(2) Consultations.--Pursuant to section 104(i)(4) of the
Comprehensive Environmental Response, Compensation, and
Liability Act (42 U.S.C. 9604(i)(4)), and on receipt of a
request of an appropriate State or local health official of
an eligible State, the Director of the Agency for Toxic
Substances and Disease Registry of the National Center for
Environmental Health shall provide consultations regarding
health issues described in paragraph (1).
SEC. __02. LOAN FORGIVENESS.
The matter under the heading ``State and Tribal Assistance
Grants'' under the heading ``ENVIRONMENTAL PROTECTION
AGENCY'' in title II of division G of the Consolidated
Appropriations Act, 2016 (Public Law 114-113), is amended in
paragraph (1), by striking the semicolon at the end and
inserting the following: ``or, if a Federal or State
emergency declaration has been issued due to a threat to
public health from heightened exposure to lead in a municipal
drinking water supply, before the date of enactment of this
Act: Provided further, That in a State in which such an
emergency declaration has been issued, the State may use more
than 20 percent of the funds made available under this title
to the State for Drinking Water State Revolving Fund
capitalization grants to provide additional subsidy to
eligible recipients;''.
SEC. __03. DISCLOSURE OF PUBLIC HEALTH THREATS FROM LEAD
EXPOSURE.
(a) Exceedance of Lead Action Level.--Section 1414(c) of
the Safe Drinking Water Act (42 U.S.C. 300g-3(c)) is
amended--
(1) in paragraph (1), by adding at the end the following:
``(D) Notice of any exceedance of a lead action level or
any other prescribed level of lead in a regulation issued
under section 1412, including the concentrations of lead
found in a monitoring activity or any other level of lead
determined by the Administrator to warrant notice, either on
a case-specific or more general basis.'';
(2) in paragraph (2)--
(A) by redesignating subparagraphs (D) and (E) as
subparagraphs (E) and (F), respectively; and
(B) by inserting after subparagraph (C) the following:
``(D) Exceedance of lead action level.--Regulations issued
under subparagraph (A) shall specify notification procedures
for an exceedance of a lead action level or any other
prescribed level of lead in a regulation issued under section
1412.'';
(3) by redesignating paragraphs (3) and (4) as paragraphs
(4) and (5), respectively; and
(4) by inserting after paragraph (2) the following:
``(3) Notification of the public relating to lead.--
``(A) Exceedance of lead action level.--Not later than 15
days after the date of being notified by the primary agency
of an exceedance of a lead action level or any other
prescribed level of lead in a regulation issued under section
1412, including the concentrations of lead found in a
monitoring activity or any other level of lead determined by
the Administrator to warrant notice, either on a case-
specific or more general basis, the Administrator shall
notify the public of the concentrations of lead found in the
monitoring activity conducted by the public water system if
the public water system or the State does not notify the
public of the concentrations of lead found in a monitoring
activity.
``(B) Results of lead monitoring.--
``(i) In general.--The Administrator may provide notice of
any result of lead monitoring conducted by a public water
system to--
``(I) any person that is served by the public water system;
or
``(II) the local or State health department of a locality
or State in which the public water system is located.
``(ii) Form of notice.--The Administrator may provide the
notice described in clause (i) by--
``(I) press release; or
``(II) other form of communication, including local media.
``(C) Privacy.--Notice to the public shall protect the
privacy of individual customer information.''.
(b) Conforming Amendments.--Section 1414 (c) of the Safe
Drinking Water Act (42 U.S.C. 300g-3(c)) is amended--
(1) in paragraph (1)(C), by striking ``paragraph (2)(E)''
and inserting ``paragraph (2)(F)'';
(2) in paragraph (2)(B)(i)(II), by striking ``subparagraph
(D)'' and inserting ``subparagraph (E)''; and
(3) in paragraph (3)(B), in the first sentence, by striking
``(D)'' and inserting ``(E)''.
SEC. __04. REGISTRY FOR LEAD EXPOSURE AND ADVISORY COMMITTEE.
(a) Definitions.--In this section:
(1) City.--The term ``City'' means a city exposed to lead
contamination in the local drinking water system.
(2) Committee.--The term ``Committee'' means the Advisory
Committee established under subsection (c).
(3) Secretary.--The term ``Secretary'' means the Secretary
of Health and Human Services.
(b) Lead Exposure Registry.--The Secretary shall establish
within the Agency for Toxic Substances and Disease Registry
or another relevant agency at the discretion of the
Secretary, or establish through a grant award or contract, a
lead exposure registry to collect data on the lead exposure
of residents of a City on a voluntary basis.
(c) Advisory Committee.--
(1) Membership.--
(A) In general.--The Secretary shall establish an Advisory
Committee in coordination with the Director of the Centers
for Disease Control and Prevention and other relevant
agencies as determined by the Secretary consisting of Federal
members and non-Federal members, and which shall include--
(i) an epidemiologist;
(ii) a toxicologist;
(iii) a mental health professional;
(iv) a pediatrician;
(v) an early childhood education expert;
(vi) a special education expert;
(vii) a dietician; and
(viii) an environmental health expert.
(B) Requirements.--Membership in the Committee shall not
exceed 15 members and not less than \1/2\ of the members
shall be Federal members.
(2) Chair.--The Secretary shall designate a chair from
among the Federal members appointed to the Committee.
(3) Terms.--Members of the Committee shall serve for a term
of not more than 3 years and the Secretary may reappoint
members for consecutive terms.
(4) Application of faca.--The Committee shall be subject to
the Federal Advisory Committee Act (5 U.S.C. App.).
(5) Responsibilities.--The Committee shall, at a minimum--
(A) review the Federal programs and services available to
individuals and communities exposed to lead;
(B) review current research on lead poisoning to identify
additional research needs;
(C) review and identify best practices, or the need for
best practices, regarding lead screening and the prevention
of lead poisoning;
(D) identify effective services, including services
relating to healthcare, education, and nutrition for
individuals and communities affected by lead exposure and
lead poisoning, including in consultation with, as
appropriate, the lead exposure registry as established in
subsection (b); and
(E) undertake any other review or activities that the
Secretary determines to be appropriate.
(6) Report.--Annually for 5 years and thereafter as
determined necessary by the Secretary or as required by
Congress, the Committee shall submit to the Secretary, the
Committees on Finance, Health, Education, Labor, and
Pensions, and Agriculture, Nutrition, and Forestry of the
Senate and the Committees on Education and the Workforce,
Energy and Commerce, and Agriculture of the House of
Representatives a report that includes--
(A) an evaluation of the effectiveness of the Federal
programs and services available to individuals and
communities exposed to lead;
(B) an evaluation of additional lead poisoning research
needs;
(C) an assessment of any effective screening methods or
best practices used or developed to prevent or screen for
lead poisoning;
(D) input and recommendations for improved access to
effective services relating to healthcare, education, or
nutrition for individuals and communities impacted by lead
exposure; and
(E) any other recommendations for communities affected by
lead exposure, as appropriate.
(d) Mandatory Funding.--
(1) In general.--On the date of enactment of this Act, out
of any funds in the Treasury not otherwise appropriated, the
Secretary of the Treasury shall transfer to the Secretary, to
be available during the period of fiscal years 2016 through
2020--
(A) $17,500,000 to carry out subsection (b); and
(B) $2,500,000 to carry out subsection (c).
(2) Receipt and acceptance.--The Secretary shall be
entitled to receive, shall accept, and shall use to carry out
subsections (b) and (c) the funds transferred under
subparagraphs (A) and (B) of paragraph (1), respectively,
without further appropriation.
[[Page S1015]]
SEC. __05. ADDITIONAL FUNDING FOR CERTAIN CHILDHOOD HEALTH
PROGRAMS.
(a) Childhood Lead Poisoning Prevention Program.--
(1) In general.--On the date of enactment of this Act, out
of any funds in the Treasury not otherwise appropriated, the
Secretary of the Treasury shall transfer to the Director of
the Centers for Disease Control and Prevention, to be
available during the period of fiscal years 2017 and 2018,
$10,000,000 for the childhood lead poisoning prevention
program authorized under section 317A of the Public Health
Service Act (42 U.S.C. 247b-1).
(2) Receipt and acceptance.--The Director of the Centers
for Disease Control and Prevention shall be entitled to
receive, shall accept, and shall use to carry out the
childhood lead poisoning prevention program authorized under
section 317A of the Public Health Service Act (42 U.S.C.
247b-1) the funds transferred under paragraph (1), without
further appropriation.
(b) Healthy Homes Program.--
(1) In general.--On the date of enactment of this Act, out
of any funds in the Treasury not otherwise appropriated, the
Secretary of the Treasury shall transfer to the Secretary of
Housing and Urban Development, to be available during the
period of fiscal years 2017 and 2018, $10,000,000 to carry
out the Healthy Homes Initiative of the Department of Housing
and Urban Development.
(2) Receipt and acceptance.--The Secretary of Housing and
Urban Development shall be entitled to receive, shall accept,
and shall use to carry out the Healthy Homes Initiative of
the Department of Housing and Urban Development the funds
transferred under paragraph (1), without further
appropriation.
(c) Healthy Start Program.--
(1) In general.--On the date of enactment of this Act, out
of any funds in the Treasury not otherwise appropriated, the
Secretary of the Treasury shall transfer to the Administrator
of the Health Resources and Services Administration, to be
available during the period of fiscal years 2017 and 2018,
$10,000,000 to carry out the Healthy Start Initiative under
section 330H of the Public Health Service Act (42 U.S.C.
254c-8).
(2) Receipt and acceptance.--The Administrator of the
Health Resources and Services Administration shall be
entitled to receive, shall accept, and shall use to carry out
the Healthy Start Initiative under section 330H of the Public
Health Service Act (42 U.S.C. 254c-8) the funds transferred
under paragraph (1), without further appropriation.
SEC. __06. REVIEW AND REPORT.
(a) In General.--Not later than 1 year after the date of
enactment of this Act, the Attorney General and the Inspector
General of the Environmental Protection Agency shall submit
to the Committees on Appropriations, Environment and Public
Works, and Homeland Security and Governmental Affairs of the
Senate and the Committees on Appropriations, Energy and
Commerce, Transportation and Infrastructure, and Oversight
and Government Reform of the House of Representatives a
report on the status of any ongoing investigations into the
Federal and State response to the contamination of the
drinking water supply of the City of Flint, Michigan.
(b) Review.--Not later than 30 days after the completion of
the investigations described in subsection (a), the
Comptroller General of the United States shall commence a
review of issues that are not addressed by the investigations
and relating to--
(1) the adequacy of the response by the State of Michigan
and the City of Flint to the drinking water crisis in Flint,
Michigan, including the timeliness and transparency of the
response, as well as the capacity of the State and City to
manage the drinking water system; and
(2) the adequacy of the response by Region 5 of the
Environmental Protection Agency to the drinking water crisis
in Flint, Michigan, including the timeliness and transparency
of the response.
(c) Contents of Report.--Not later than 1 year after
commencing each review under subsection (b), the Comptroller
General of the United States shall submit to Congress a
report that includes--
(1) a statement of the principal findings of the review;
and
(2) recommendations for Congress and the President to take
any actions to prevent a similar situation in the future and
to protect public health.
SEC. __07. OFFSET.
None of the funds available to the Secretary of Energy to
provide any credit subsidy under subsection (d) of section
136 of the Energy Independence and Security Act of 2007 (42
U.S.C. 17013) as of the date of enactment of this Act shall
be obligated for new loan commitments under that subsection
on or after October 1, 2020.
____________________