[House Report 114-216]
[From the U.S. Government Publishing Office]


114th Congress   }                                     {        Report
                        HOUSE OF REPRESENTATIVES
 1st Session     }                                     {       114-216

======================================================================

 
   PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 1599) TO AMEND THE 
  FEDERAL FOOD, DRUG, AND COSMETIC ACT WITH RESPECT TO FOOD PRODUCED 
   FROM, CONTAINING, OR CONSISTING OF A BIOENGINEERED ORGANISM, THE 
 LABELING OF NATURAL FOODS, AND FOR OTHER PURPOSES, AND PROVIDING FOR 
CONSIDERATION OF THE BILL (H.R. 1734) TO AMEND SUBTITLE D OF THE SOLID 
  WASTE DISPOSAL ACT TO ENCOURAGE RECOVERY AND BENEFICIAL USE OF COAL 
    COMBUSTION RESIDUALS AND ESTABLISH REQUIREMENTS FOR THE PROPER 
     MANAGEMENT AND DISPOSAL OF COAL COMBUSTION RESIDUALS THAT ARE 
             PROTECTIVE OF HUMAN HEALTH AND THE ENVIRONMENT

                                _______
                                

   July 21, 2015.--Referred to the House Calendar and ordered to be 
                                printed.

                                _______
                                

                Mr. Byrne, from the Committee on Rules, 
                        submitted the following

                              R E P O R T

                       [To accompany H. Res. 369]

    The Committee on Rules, having had under consideration 
House Resolution 369, by a record vote of 9 to 4, report the 
same to the House with the recommendation that the resolution 
be adopted.

                SUMMARY OF PROVISIONS OF THE RESOLUTION

    The resolution provides for consideration of H.R. 1599, the 
Safe and Accurate Food Labeling Act of 2015, under a structured 
rule. The resolution provides one hour of general debate 
equally divided and controlled by the chair and ranking 
minority member of the Committee on Energy and Commerce. The 
resolution waives all points of order against consideration of 
the bill. The resolution makes in order as original text for 
purpose of amendment an amendment in the nature of a substitute 
consisting of the text of Rules Committee Print 114-24, 
modified by the amendment printed in part A of this report, and 
provides that it shall be considered as read. The resolution 
waives all points of order against that amendment in the nature 
of a substitute. The resolution makes in order only those 
further amendments printed in part B of this report. Each such 
amendment may be offered only in the order printed in this 
report, may be offered only by a Member designated in this 
report, shall be considered as read, shall be debatable for the 
time specified in this report equally divided and controlled by 
the proponent and an opponent, shall not be subject to 
amendment, and shall not be subject to a demand for division of 
the question in the House or in the Committee of the Whole. The 
resolution waives all points of order against the amendments to 
H.R. 1599 printed in part B of this report. The resolution 
provides one motion to recommit with or without instructions.
    Section 2 of the resolution provides for consideration of 
H.R. 1734, the Improving Coal Combustion Residuals Regulation 
Act of 2015, under a structured rule. The resolution provides 
one hour of general debate equally divided and controlled by 
the chair and ranking minority member of the Committee on 
Energy and Commerce. The resolution waives all points of order 
against consideration of the bill. The resolution provides that 
the bill shall be considered as read. The resolution waives all 
points of order against provisions in the bill. The resolution 
makes in order only those amendments printed in part C of this 
report. Each such amendment may be offered only in the order 
printed in this report, may be offered only by a Member 
designated in this report, shall be considered as read, shall 
be debatable for the time specified in this report equally 
divided and controlled by the proponent and an opponent, shall 
not be subject to amendment, and shall not be subject to a 
demand for division of the question in the House or in the 
Committee of the Whole. The resolution waives all points of 
order against the amendments to H.R. 1734 printed in part C of 
this report. The resolution provides one motion to recommit 
with or without instructions.

                         EXPLANATION OF WAIVERS

    The waiver of all points of order against consideration of 
H.R. 1599 includes a waiver of clause 3(e)(1) of rule XIII 
(Ramseyer), requiring a committee report accompanying a bill 
amending or repealing statutes to show, by typographical 
device, parts of statute affected.
    Although the resolution waives all points of order against 
the amendment in the nature of a substitute to H.R. 1599 made 
in order as original text, the Committee is not aware of any 
points of order. The waiver is prophylactic in nature.
    Although the resolution waives all points of order against 
the amendments to H.R. 1599 printed in part B of this report, 
the Committee is not aware of any points of order. The waiver 
is prophylactic in nature.
    The waiver of all points of order against consideration of 
H.R. 1734 includes a waiver of clause 3(e)(1) of rule XIII 
(Ramseyer), requiring a committee report accompanying a bill 
amending or repealing statutes to show, by typographical 
device, parts of statute affected.
    Although the resolution waives all points of order against 
provisions in H.R. 1734, the Committee is not aware of any 
points of order. The waiver is prophylactic in nature.
    Although the resolution waives all points of order against 
the amendments to H.R. 1734 printed in part C of this report, 
the Committee is not aware of any points of order. The waiver 
is prophylactic in nature.
    The waivers of clause 3(e)(1) of rule XIII (known as the 
``Ramseyer'' rule) are provided for both measures because the 
submissions provided by the committees were insufficient to 
meet the standards established by the rule in its current form. 
The Committee on Rules continues to work with the House Office 
of Legislative Counsel and committees to determine the steps 
necessary to comply with the updated rule.

                            COMMITTEE VOTES

    The results of each record vote on an amendment or motion 
to report, together with the names of those voting for and 
against, are printed below:

Rules Committee record vote No. 88

    Motion by Ms. Slaughter to report open rules for H.R. 1599 
and H.R. 1734. Defeated: 4-9

----------------------------------------------------------------------------------------------------------------
                Majority Members                      Vote               Minority Members               Vote
----------------------------------------------------------------------------------------------------------------
Ms. Foxx........................................          Nay   Ms. Slaughter.....................          Yea
Mr. Cole........................................          Nay   Mr. McGovern......................          Yea
Mr. Woodall.....................................          Nay   Mr. Hastings of Florida...........          Yea
Mr. Burgess.....................................          Nay   Mr. Polis.........................          Yea
Mr. Stivers.....................................          Nay
Mr. Collins.....................................          Nay
Mr. Byrne.......................................          Nay
Mr. Newhouse....................................          Nay
Mr. Sessions, Chairman..........................          Nay
----------------------------------------------------------------------------------------------------------------

Rules Committee record vote No. 89

    Motion by Ms. Foxx to report the rule. Adopted: 9-4

----------------------------------------------------------------------------------------------------------------
                Majority Members                      Vote               Minority Members               Vote
----------------------------------------------------------------------------------------------------------------
Ms. Foxx........................................          Yea   Ms. Slaughter.....................          Nay
Mr. Cole........................................          Yea   Mr. McGovern......................          Nay
Mr. Woodall.....................................          Yea   Mr. Hastings of Florida...........          Nay
Mr. Burgess.....................................          Yea   Mr. Polis.........................          Nay
Mr. Stivers.....................................          Yea
Mr. Collins.....................................          Yea
Mr. Byrne.......................................          Yea
Mr. Newhouse....................................          Yea
Mr. Sessions, Chairman..........................          Yea
----------------------------------------------------------------------------------------------------------------

 SUMMARY OF THE AMENDMENT TO H.R. 1599 IN PART A CONSIDERED AS ADOPTED

    Pompeo (KS): MANAGER'S Makes technical and conforming 
changes to text of the legislation and includes revisions to 
the operative sections of the bill to make it abundantly clear 
that the preemption applies only to the sale of GE plants for 
use in food. Further clarifies that it is not the intent that 
livestock fed GE feed are themselves GE, that the due process 
rights of GE/Non-GE marketing program participants are included 
for clarification, and further clarifies that the marketing 
program is designed to be voluntary and that funding for the 
bill is subject to appropriations.

     SUMMARY OF THE AMENDMENTS TO H.R. 1599 IN PART B MADE IN ORDER

    1. DeFazio (OR): Establishes that if a U.S. company or 
their subsidiary labels their product as containing GMOs in any 
foreign country they must label the equivalent product the same 
way in the U.S. (10 minutes)
    2. Huffman (CA), Polis (CO), McCollum (MN), Grijalva (AZ), 
Ruiz (CA): Ensures tribal sovereignty to prohibit or restrict 
the cultivation of genetically engineered plants on tribal 
lands. (10 minutes)
    3. DeLauro (CT): Prohibits the use of the term ``natural'' 
on food when a food consists of a genetically engineered plant. 
(10 minutes)
    4. Pingree (ME), DeFazio (OR), Polis (CO): SUBSTITUTE 
Strikes the entire bill and adds back the section that creates 
a non-GMO certification program and label at USDA. (20 minutes)

     SUMMARY OF THE AMENDMENTS TO H.R. 1734 IN PART C MADE IN ORDER

    1. Shimkus (IL): MANAGER'S Updates the reference to the 
final rule and instead of referencing the date it was signed by 
the Administrator it inserts the date the final rule was 
published in the Federal Register. (10 minutes)
    2. Pallone (NJ): Preserves transparency requirements in 
EPA's final coal ash rule to ensure public access to 
information and accountability. (10 minutes)
    3. Castor (FL): Preserves cleanup requirements in EPA's 
final coal ash rule to protect public health and ensure that 
air and groundwater pollution is addressed quickly and 
effectively. (10 minutes)
    4. Connolly (VA): Requires all inactive surface 
impoundments follow post-closure groundwater monitoring 
standards pursuant to section 257.104 subsections (b) and (c) 
of title 40, Code of Federal Regulations. (10 minutes)
    5. Adams (NC): Requires the owner or operator of a coal 
combustion residuals surface impoundment to survey all drinking 
water supply wells that are within a half mile and down-
gradient of the established waste boundary. Also requires the 
owner or operator of a coal combustion residuals surface 
impoundment to supply an alternative source of safe drinking 
water within 24 hours if well water sampling exceeds 
groundwater standards. (10 minutes)
    6. Butterfield (NC), Rush (IL), Clarke (NY), Price, David 
(NC), Adams (NC): Allows the Administrator of the Environmental 
Protection Agency to prevent the legislation from going into 
effect if it is determined to have a negative impact on 
vulnerable populations. Vulnerable populations include infants, 
children, adolescents, pregnant women, the elderly, individuals 
with preexisting medical conditions, individuals who work at 
coal combustion residuals treatment or disposal facilities, 
members of any other appropriate population identified by the 
Administrator based on consideration of socioeconomic status, 
racial or ethnic background, or other similar factors 
identified by the Administrator. (10 minutes)

      PART A--TEXT OF AMENDMENT TO H.R. 1599 CONSIDERED AS ADOPTED

  Page 4, line 16, strike ``introduce or deliver for 
introduction into'' and insert ``sell or offer for sale in''.
  Page 5, line 7, strike ``as safe'' and insert ``safe''.
  Page 5, beginning on line 8, strike ``as one or more 
comparable foods'' and insert ``and lawful under the Federal 
Food, Drug, and Cosmetic Act''.
  Page 6, lines 8 and 9, strike ``the introduction or delivery 
for introduction into'' and insert ``the sale or offering for 
sale in''.
  Page 6, line 17, strike ``research involving''.
  Page 7, lines 5 and 6, strike ``the introduction or delivery 
for introduction into'' and insert ``the sale or offering for 
sale in''.
  Page 7, lines 19 and 20, strike ``introduced or delivered for 
introduction'' and insert ``sold or offered for sale''.
  Page 8, line 20, strike ``introduced'' and insert ``sold''.
  Page 10, lines 9 and 10, strike ``genetically engineered 
plants for use or application in food'' and insert ``the sale 
or offering for sale in interstate commerce of a genetically 
engineered plant for use or application in food''.
  Page 14, line 9, strike ``plant that is a''.
  Page 15, line 5, insert ``to ensure that producers or 
handlers seeking to make claims under section 291B or 291C are 
certified to make such claims'' after ``program''.
  Page 15, line 14, insert ``for covered products certified 
under this title'' after ``appropriate''.
  Page 17, line 8, strike ``produced with'' and insert 
``manufactured or processed using''.
  Page 18, after line 11, insert the following new subsection:
  ``(d) Treatment of Livestock.--In the case of a covered 
product derived from livestock that is marketed in the United 
States for human consumption, the covered product shall not be 
considered to be genetically engineered solely because the 
livestock consumed feed produced from containing, or consisting 
of a genetically engineered plant.''.
  Page 22, line 11, insert ``with or'' before ``without''.
  Page 22, beginning on line 12, strike ``or with the use of'' 
and all that follows through ``plant'' on line 13.
  Page 24, line 9, strike ``Unlawful act'' and insert ``Failure 
To Provide Information''.
  Page 24, line 15, strike ``subject to'' and insert 
``assessed''.
  Page 24, beginning on line 18, strike ``who knowingly sells 
or labels'' and insert ``who, after notice and an opportunity 
to be heard, is found by the Secretary to have knowingly sold 
or labeled''.
  Page 24, line 20, insert ``with or'' before ``without''.
  Page 24, beginning on line 21, strike ``or with the use of'' 
and all that follows through ``plant'' on line 23.
  Page 24, line 24, strike ``subject to'' and insert 
``assessed''.
  Page 25, line 21, insert ``with or'' before ``without''.
  Page 25, beginning on line 22, strike ``or with the use of'' 
and all that follows through ``plant'' on line 24.
  Page 26, line 21, strike ``requiring'' and insert 
``require''.
  Page 27, line 1, insert ``with or'' before ``without''.
  Page 27, beginning on line 2, strike ``or as having been 
produced'' and all that follows through ``plant'' on line 4.
  Page 29, line 1, insert ``certification'' after ``food''.
  Page 29, beginning on line 13, strike ``without further 
appropriation'' and insert ``subject to appropriation''.
  Page 30, line 25, strike ``No State'' and insert the 
following:
          (1) In general.--Subject to paragraph (2), no State
  Page 31, beginning on line 10, strike ``plant unless the 
State'' and all that follows through ``such claims:'' and 
insert ``plant.''.
  Page 31, after line 12, insert the following:
          (2) Exception.--Notwithstanding paragraph (1), a 
        State (or a political subdivision thereof) may 
        establish either of the following voluntary programs 
        for the regulation of claims described in such 
        paragraph:
  Page 31, line 13, strike ``(1)'' and insert ``(A)'' and 
adjust the margins accordingly.
  Page 31, line 16, strike ``(2)'' and insert ``(B)'' and 
adjust the margins accordingly.
  Page 31, line 17, strike ``(A)'' and insert ``(i)'' and 
adjust the margins accordingly.
  Page 31, line 18, strike ``(B)'' and insert ``(ii)'' and 
adjust the margins accordingly.
  Page 31, line 22, strike ``(C)'' and insert ``(iii)'' and 
adjust the margins accordingly.
  Page 32, after line 2, add the following new subsection:
  (c) Rule of Construction.--For the sole purpose of subsection 
(b)(1), a covered product derived from livestock that consumed 
genetically engineered plants shall be deemed as having been 
produced from, containing, or consisting of a genetically 
engineered plant.
                              ----------                              


         PART B--TEXT OF AMENDMENTS TO H.R. 1599 MADE IN ORDER

 1. An Amendment To Be Offered by Representative DeFazio of Oregon or 
                 His Designee, Debatable for 10 Minutes

  Page 4, after line 5, insert the following:
          ``(3) Labeling of products that are required to be 
        labeled abroad.--
                  ``(A) Requirement.--The Secretary shall 
                require that food produced from, containing, or 
                consisting of a genetically engineered plant 
                and intended for sale in interstate commerce be 
                labeled as such if--
                          ``(i) the person producing or 
                        manufacturing the food, or any 
                        affiliate thereof, produces or 
                        manufactures an equivalent food 
                        intended for consumption in a foreign 
                        country; and
                          ``(ii) the person or affiliate is 
                        required by such foreign country to 
                        indicate in the labeling of such food 
                        that it is produced from, contains, or 
                        consists of a genetically engineered 
                        plant.
                  ``(B) Definition.--In this paragraph, the 
                term `affiliate' means any entity that 
                controls, is controlled by, or is under common 
                control with another entity.''.
                              ----------                              


 2. An Amendment To Be Offered by Representative Huffman of California 
               or His Designee, Debatable for 10 Minutes

  Page 10, line 12, at the end of section 113 of the bill 
insert the following: ``Nothing in this title or the amendments 
made thereby shall be construed to limit the authority of a 
State or tribe (or a political subdivision thereof) to prohibit 
or restrict the cultivation of genetically engineered plants on 
or near tribal lands.''.
                              ----------                              


3. An Amendment To Be Offered by Representative DeLauro of Connecticut 
               or Her Designee, Debatable for 10 Minutes

  Page 33, lines 13 through 17, amend paragraph (2) to read as 
follows:

          ``(2) A claim described in subparagraph (1) may be 
        made only if--
                  ``(A) the claim uses terms that have been 
                defined by, and the food meets the requirements 
                that have been established in, regulations 
                promulgated to carry out this paragraph; and
                  ``(B) the food is not produced using, does 
                not contain, and does not consist of a 
                genetically engineered plant.''.
                              ----------                              


4. An Amendment To Be Offered by Representative Pingree of Maine or Her 
                   Designee, Debatable for 20 Minutes

  Page 1, strike line 1 and all that follows through the end of 
the bill, and insert the following:

SECTION 1. SHORT TITLE.

  This Act may be cited as the ``Non-GMO Disclosure Act of 
2015''.

SEC. 2. NON-GMO FOOD CERTIFICATION PROGRAM.

  The Agricultural Marketing Act of 1946 (7 U.S.C. 1621 et 
seq.) is amended by adding at the end the following new 
subtitle:

            ``Subtitle E--Non-GMO Food Certification Program

``SEC. 291. CERTIFICATION OF NON-GMO FOODS.

  ``(a) In General.--The Secretary shall establish a voluntary 
certification program for food produced without the use of 
genetic engineering to be known as the Non-GMO Food 
Certification Program.
  ``(b) Consultation.--The Secretary shall consult with other 
relevant parties to develop the Non-GMO Food Certification 
Program.
  ``(c) Certification.--The Secretary shall implement the Non-
GMO Food Certification Program through certifying agents. 
Certifying agents may certify that products were not produced 
with the use of genetic engineering or a genetically engineered 
plant, in accordance with this subtitle.
  ``(d) Seal.--The Secretary shall establish a seal to identify 
products that were not produced with the use of genetic 
engineering or a genetically engineered plant in interstate 
commerce using terminology the Secretary considers appropriate, 
including terminology commonly used in interstate commerce or 
established by the Secretary in regulations.

``SEC. 292. DEFINITIONS.

  ``In this subtitle:
          ``(1) Genetically engineered.--The term `genetically 
        engineered', used with respect to a food, means a 
        material intended for human consumption that is--
                  ``(A) an organism that is produced through 
                the intentional use of genetic engineering; or
                  ``(B) the progeny of intended sexual or 
                asexual reproduction (or both) of 1 or more 
                organisms that is the product of genetic 
                engineering.
          ``(2) Genetic engineering.--The term `genetic 
        engineering' means a process--
                  ``(A) involving the application of in vitro 
                nucleic acid techniques, including recombinant 
                deoxyribonucleic acid (DNA) and direct 
                injection of nucleic acid into cells or 
                organelles;
                  ``(B) involving the application of fusion of 
                cells beyond the taxonomic family; or
                  ``(C) that overcomes natural physiological, 
                reproductive, or recombinant barriers and that 
                is not a process used in traditional breeding 
                and selection.''.

SEC. 3. REGULATIONS.

  Not later than 1 year after the date of the enactment of this 
Act, the Secretary shall promulgate regulations to implement 
the Non-GMO Food Certification Program in accordance with 
section 291 of the Agricultural Marketing Act of 1946 (7 U.S.C. 
1621 et seq.), as added by section 2.

SEC. 4. SAVINGS CLAUSE.

  Nothing in this Act (or the amendments made by this Act) is 
intended to alter or affect the authorities or regulatory 
programs, policies, and procedures otherwise available to, or 
the definitions used by, the Food and Drug Administration under 
the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et 
seq.) or the Animal and Plant Health Inspection Service under 
the Plant Protection Act (7 U.S.C. 7701 et seq.).
                              ----------                              


         PART C--TEXT OF AMENDMENTS TO H.R. 1734 MADE IN ORDER

1. An Amendment To Be Offered by Representative Shimkus of Illinois or 
                 His Designee, Debatable for 10 Minutes

  Page 7, line 13, strike ``subsection (l)(5)'' and insert 
``subsection (l)(4)''.

  Page 45, beginning on line 5, strike ``signed by the 
Administrator on December 19, 2014'' and insert ``and published 
in the Federal Register on April 17, 2015 (80 Fed. Reg. 
21302)''.

  Page 45, strike lines 15 through 20.

  Page 45, line 21, through page 47, line 5, redesignate 
paragraphs (3) through (6) as paragraphs (2) through (5), 
respectively.
                              ----------                              


  2. An Amendment To Be Offered by Representative Pallone, Jr. of New 
            Jersey or His Designee, Debatable for 10 Minutes

  Strike page 9, line 1, through page 10, line 4, and insert 
the following:

                  ``(B) Public availability of information.--
                The implementing agency shall ensure compliance 
                with sections 257.106 and 257.107 of title 40, 
                Code of Federal Regulations.

  Page 47, strike lines 1 through 5.
                              ----------                              


 3. An Amendment To Be Offered by Representative Castor of Florida or 
                 Her Designee, Debatable for 10 Minutes

  Page 14, strike lines 3 through 21.
  Page 14, line 22, through page 16, line 10, redesignate 
subclauses (V) and (VI) as subclauses (IV) and (V), 
respectively.
                              ----------                              


4. An Amendment To Be Offered by Representative Connolly of Virginia or 
                 His Designee, Debatable for 10 Minutes

  Page 27, line 19, strike ``Financial assurance'' and insert 
``Post-closure care and financial assurance''.
  Page 27, line 24, strike ``section 257.104(b)(1)'' and insert 
``subsections (b) and (c) of section 257.104''.
                              ----------                              


5. An Amendment To Be Offered by Representative Adams of North Carolina 
               or Her Designee, Debatable for 10 Minutes

  Page 29, after line 16, insert the following:
          ``(5) Drinking water supply well survey and provision 
        of alternate water supply.--
                  ``(A) Survey.--Not later than 7 months after 
                the date of enactment of this section, each 
                owner or operator of a surface impoundment 
                shall conduct a survey that identifies all 
                drinking water supply wells within one-half 
                mile down-gradient from the established waste 
                boundary of the surface impoundment and shall 
                submit the survey to--
                          ``(i) the Administrator; and
                          ``(ii) the implementing State, if 
                        applicable.
                  ``(B) Inclusions.--Each survey conducted 
                pursuant to subparagraph (A) shall include well 
                locations, the nature of water uses, available 
                well construction details, and information 
                regarding ownership of the wells.
                  ``(C) Determination of sampling.--
                          ``(i) In general.--Not later than 4 
                        months after an owner or operator 
                        submits a survey under subparagraph 
                        (A), the Administrator or the 
                        implementing State, as applicable, 
                        shall determine which wells identified 
                        in the survey the owner or operator 
                        will be required to conduct sampling 
                        and water quality analysis for, and how 
                        frequently and for what period sampling 
                        is required.
                          ``(ii) Required sampling.--The 
                        Administrator or the implementing 
                        State, as applicable, shall require 
                        sampling and water quality analysis 
                        described in clause (i) where data 
                        regarding groundwater quality and flow 
                        and depth in the area of the surveyed 
                        well provide a reasonable basis to 
                        predict that the quality of water from 
                        the surveyed well may be adversely 
                        impacted by coal combustion residuals.
                  ``(D) Sampling.--
                          ``(i) Initiation.--Not later than 5 
                        months after an owner or operator 
                        submits a survey under subparagraph 
                        (A), the owner or operator shall 
                        initiate any sampling and water quality 
                        analysis required pursuant to 
                        subparagraph (C) for constituents 
                        associated with coal combustion 
                        residuals, including, at a minimum, 
                        arsenic, lead, hexavalent chromium, 
                        vanadium, boron, thallium, molybdenum, 
                        and selenium.
                          ``(ii) Independent sampling.--A 
                        property owner whose well has been 
                        selected for sampling and analysis may 
                        elect to have an independent third 
                        party selected from a laboratory 
                        certified by the Administrator or the 
                        implementing State, as applicable, 
                        conduct the sampling and analysis 
                        required under this paragraph in lieu 
                        of such sampling and analysis being 
                        conducted by the owner or operator of 
                        the surface impoundment.
                          ``(iii) Costs.--The owner or operator 
                        of the surface impoundment shall pay 
                        for the reasonable costs of any 
                        sampling and analysis conducted 
                        pursuant to this paragraph.
                          ``(iv) Right to refuse sampling.--
                        Nothing in this paragraph shall be 
                        construed to preclude or impair the 
                        right of any property owner whose well 
                        has been selected for sampling and 
                        analysis to refuse such sampling and 
                        analysis.
                  ``(E) Alternate supplies of drinking water.--
                If sampling and water quality analysis 
                conducted pursuant to this paragraph indicates 
                that water from a drinking water supply well 
                exceeds groundwater quality standards for 
                constituents associated with the presence of 
                coal combustion residuals, the owner or 
                operator of the surface impoundment, in 
                addition to any other applicable requirement, 
                shall replace such water--
                          ``(i) with an alternate supply of 
                        potable drinking water, as appropriate, 
                        not later than 24 hours after the 
                        Administrator or the implementing 
                        State, as applicable, determines that 
                        there is such an exceedance; and
                          ``(ii) with an alternate supply of 
                        water that is safe for other household 
                        uses, as appropriate, not later than 30 
                        days after the Administrator or the 
                        implementing State, as applicable, 
                        determines that there is such an 
                        exceedance.
                  ``(F) Annual groundwater protection and 
                restoration report.--
                          ``(i) In general.--Not later than one 
                        year after the date of enactment of 
                        this section, and each year thereafter, 
                        each owner or operator of a surface 
                        impoundment required to conduct 
                        sampling and water quality analysis 
                        pursuant to this paragraph shall submit 
                        a report to the Administrator or the 
                        implementing State, as applicable, that 
                        includes a summary of all groundwater 
                        monitoring, protection, and restoration 
                        activities related to the surface 
                        impoundment for the preceding year, 
                        including any replacement of 
                        contaminated drinking water pursuant to 
                        this paragraph.
                          ``(ii) Publicly accessible internet 
                        website requirement.--Not later than 30 
                        days after submitting a report under 
                        clause (i), an owner or operator shall 
                        post the report on a publicly 
                        accessible Internet website established 
                        by the owner or operator in accordance 
                        with section 257.107 of title 40, Code 
                        of Federal Regulations.
                  ``(G) Relationship to other groundwater 
                monitoring requirements.--To the extent that 
                any requirement of this paragraph conflicts 
                with a provision of paragraph (2)(B), the 
                requirement of this paragraph shall control.
  Page 49, after line 7, insert the following:
          ``(6) Implementing state.--The term `implementing 
        State' means--
                  ``(A) a State that has notified the 
                Administrator under subsection (b)(1) that it 
                will adopt and implement a coal combustion 
                residuals permit program; or
                  ``(B) if a lead State implementing agency has 
                been identified under subsection (b)(2)(C)(i) 
                for such a State, such implementing agency.
  Page 49, line 8, through page 50, line 17, redesignate 
paragraphs (6) through (8) as paragraphs (7) through (9), 
respectively.
                              ----------                              


 6. An Amendment To Be Offered by Representative Butterfield of North 
           Carolina or His Designee, Debatable for 10 Minutes

  Page 47, after line 5, insert the following:
  ``(m) Effect on Vulnerable Populations.--If the Administrator 
determines that implementation of this section would diminish 
protections for vulnerable populations, the requirements of 
this section shall have no force or effect.
  Page 47, line 6, redesignate subsection (m) as subsection 
(n).
  Page 50, line 17, strike the closed quotation mark and the 
final period.
  Page 50, after line 17, insert the following:
          ``(9) Vulnerable population.--The term `vulnerable 
        population' means a population that is subject to a 
        disproportionate exposure to, or potential for a 
        disproportionate adverse effect from exposure to, coal 
        combustion residuals, including--
                  ``(A) infants, children, and adolescents;
                  ``(B) pregnant women (including effects on 
                fetal development);
                  ``(C) the elderly;
                  ``(D) individuals with preexisting medical 
                conditions;
                  ``(E) individuals who work at coal combustion 
                residuals treatment or disposal facilities; and
                  ``(F) members of any other appropriate 
                population identified by the Administrator 
                based on consideration of--
                          ``(i) socioeconomic status;
                          ``(ii) racial or ethnic background; 
                        or
                          ``(iii) other similar factors 
                        identified by the Administrator.''.

                                  [all]