[Congressional Record Volume 162, Number 146 (Tuesday, September 27, 2016)]
[House]
[Pages H6002-H6004]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                               AMENDMENTS

  Under clause 8 of rule XVIII, proposed amendments were submitted as 
follows:

                               H.R. 5303

                         Offered By: Mr. Kildee

       Amendment No.: Add at the end the following:

                        TITLE V--DRINKING WATER

     SEC. 501. DRINKING WATER INFRASTRUCTURE.

       (a) Definitions.--In this section:
       (1) 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.
       (2) Eligible system.--The term ``eligible system'' means a 
     public drinking water supply system that has been the subject 
     of an emergency declaration referred to in paragraph (1).
       (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 for a period of 18 months beginning on 
     the date on which the funds are made available, for the 
     purposes described in subsection (b)(2), and after the end of 
     the 18-month period, until expended for the purposes 
     described in subparagraph(C).
       (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.--Of 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).

[[Page H6003]]

       (D) Applicability.--Section 1452(b)(1) of the Safe Drinking 
     Water Act (42 U.S.C. 300j-12(b)(1)) shall not apply to a 
     supplement to an intended use plan under subparagraph (B).
       (2) WIFIA funding.--
       (A) In general.--As soon as practicable after the date of 
     enactment of this Act, the Secretary of the Treasury shall 
     make available to the Administrator $70,000,000 to provide 
     credit subsidies, in consultation with the Director of the 
     Office of Management and Budget, for secured loans under 
     subsection (c)(1)(A) with a goal of providing secured loans 
     totaling at least $700,000,000.
       (B) Use.--Secured loans provided pursuant to subparagraph 
     (A) shall be available to carry out activities described in 
     subsection (c)(1)(A).
       (C) Exclusion.--Of the amounts made available under 
     subparagraph (A), $20,000,000 shall not be used to provide 
     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) 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 of 1980 (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 of 1980 (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. 502. 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. 503. REGISTRY FOR LEAD EXPOSURE AND ADVISORY COMMITTEE.

       (a) Definitions.--In this section:
       (1) City.--The term ``City'' means a city exposed to lead 
     contamination in the local drinking water system.
       (2) Committee.--The term ``Committee'' means the Advisory 
     Committee established under subsection (c).
       (3) Secretary.--The term ``Secretary'' means the Secretary 
     of Health and Human Services.
       (b) Lead Exposure Registry.--The Secretary shall establish 
     within the Agency for Toxic Substances and Disease Registry 
     or another relevant agency at the discretion of the 
     Secretary, or establish through a grant award or contract, a 
     lead exposure registry to collect data on the lead exposure 
     of residents of a City on a voluntary basis.
       (c) Advisory Committee.--
       (1) Membership.--
       (A) In general.--The Secretary shall establish an advisory 
     committee in coordination with the Director of the Centers 
     for Disease Control and Prevention and other relevant 
     agencies as determined by the Secretary consisting of Federal 
     members and non-Federal members, and which shall include--
       (i) an epidemiologist;
       (ii) a toxicologist;
       (iii) a mental health professional;
       (iv) a pediatrician;
       (v) an early childhood education expert;
       (vi) a special education expert;
       (vii) a dietician; and
       (viii) an environmental health expert.
       (B) Requirements.--Membership in the Committee shall not 
     exceed 15 members and not less than 1/2 of the members shall 
     be Federal members.
       (2) Chair.--The Secretary shall designate a chair from 
     among the Federal members appointed to the Committee.
       (3) Terms.--Members of the Committee shall serve for a term 
     of not more than 3 years and the Secretary may reappoint 
     members for consecutive terms.
       (4) Application of faca.--The Committee shall be subject to 
     the Federal Advisory Committee Act (5 U.S.C. App.).
       (5) Responsibilities.--The Committee shall, at a minimum--
       (A) review the Federal programs and services available to 
     individuals and communities exposed to lead;
       (B) review current research on lead poisoning to identify 
     additional research needs;
       (C) review and identify best practices, or the need for 
     best practices, regarding lead screening and the prevention 
     of lead poisoning;
       (D) identify effective services, including services 
     relating to healthcare, education, and nutrition for 
     individuals and communities affected by lead exposure and 
     lead poisoning, including in consultation with, as 
     appropriate, the lead exposure registry as established in 
     subsection (b); and
       (E) undertake any other review or activities that the 
     Secretary determines to be appropriate.
       (6) Report.--Annually for 5 years and thereafter as 
     determined necessary by the Secretary or as required by 
     Congress, the Committee shall submit to the Secretary, the 
     Committees on Finance, Health, Education, Labor, and 
     Pensions, and Agriculture, Nutrition, and Forestry of the 
     Senate and the Committees on Education and the Workforce, 
     Energy and Commerce, and Agriculture of the House of 
     Representatives a report that includes--
       (A) an evaluation of the effectiveness of the Federal 
     programs and services available to individuals and 
     communities exposed to lead;
       (B) an evaluation of additional lead poisoning research 
     needs;
       (C) an assessment of any effective screening methods or 
     best practices used or developed to prevent or screen for 
     lead poisoning;
       (D) input and recommendations for improved access to 
     effective services relating to healthcare, education, or 
     nutrition for individuals and communities impacted by lead 
     exposure; and
       (E) any other recommendations for communities affected by 
     lead exposure, as appropriate.
       (d) Mandatory Funding.--
       (1) In general.--On the date of enactment of this Act, out 
     of any funds in the Treasury not otherwise appropriated, the 
     Secretary of the Treasury shall transfer to the Secretary, to 
     be available during the period of fiscal years 2016 through 
     2020--
       (A) $17,500,000 to carry out subsection (b); and
       (B) $2,500,000 to carry out subsection (c).
       (2) Receipt and acceptance.--The Secretary shall be 
     entitled to receive, shall accept, and shall use to carry out 
     subsections (b) and (c) the funds transferred under 
     subparagraphs (A) and (B) of paragraph (1), respectively, 
     without further appropriation.

     SEC. 504. 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.

[[Page H6004]]

  


     SEC. 505. 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. 506. NOTICE TO PERSONS SERVED.

       (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.'';
       (2) in paragraph (2)--
       (A) in subparagraph (C)(iii)--
       (i) by striking ``Administrator or'' and inserting 
     ``Administrator, the Director of the Centers for Disease 
     Control and Prevention, and, if applicable,''; and
       (ii) by inserting ``and the appropriate State and county 
     health agencies'' after ``1413'';
       (B) by redesignating subparagraphs (D) and (E) as 
     subparagraphs (E) and (F), respectively; and
       (C) 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;
       (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 an exceedance of a lead action level 
     or any other prescribed level of lead in a regulation issued 
     under section 1412, 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.''; and
       (5) by adding at the end the following:
       ``(6) Strategic plan.--Not later than 120 days after the 
     date of enactment of this paragraph, the Administrator, in 
     collaboration with States and owners and operators of public 
     water systems, shall establish a strategic plan for how the 
     Administrator, a State with primary enforcement 
     responsibility, and the 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.''.
       (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 (4)(B) (as redesignated by subsection 
     (a)(3)), in the first sentence, by striking ``(D)'' and 
     inserting ``(E)''.

     SEC. 507. 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.