,,ii #aadth ,,congress #b;d ,session ,s4 #begi ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,february #bd1 #bjaf ,ms4 ,stabenow 7for herself1 ,mr4 ,inhofe1 ,mr4 ,peters1 ,mr4 ,portman1 ,mr4 ,brown1 ,mr4 ,kirk1 ,mr4 ,reed1 ,mr4 ,burr1 ,mr4 ,durbin1 and ,mrs4 ,boxer7 introduced the following bill2 which was read twice and referred to the ,committee on ,energy and ,natural ,resources ,a ,,bill ,to provide additional support to ensure safe drinking water4 #a4 ,short title ,this ,act may be cited as the ,drinking ,water ,safety and ,infrastructure ,act4 #b4 ,drinking water infrastructure 7a7 ,definitions ,in this section3 7#a7 ,administrator ,the term ,administrator means the ,administrator of the ,environmental ,protection ,agency4 7#b7 ,eligible ,state ,the term eligible ,state means a ,state for which the ,president has declared an emergency under the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act 7#db ,u4,s4,c4 #eaba et seq47 relating to the public health threats associated with the presence of lead or other contaminants in a public drinking water supply system4 7#c7 ,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 7#b74 7b7 ,state revolving loan fund assistance 7#a7 ,in general ,an eligible system shall be-- 7,a7 considered to be a disadvantaged community under section #adeb7;d7 of the ,safe ,drinking ,water ,act 7#db ,u4,s4,c4 #cjj;j-#ab7;d772 and 7,b7 eligible to receive loans with additional subsidization under that ,act 7#db ,u4,s4,c4 #cjj;f et seq471 including forgiveness of principal under section #adeb7;d77#a7 of that ,act 7#db ,u4,s4,c4 #cjj;j-#ab7;d77#a774 7#b7 ,authorization 7,a7 ,in general ,using funds provided under subsection 7e77#a77;,a71 an eligible ,state may provide assistance to an eligible system within the eligible ,state1 for the purpose of addressing lead or other contaminants in drinking water1 including repair and replacement of public and private drinking water infrastructure4 7,b7 ,inclusion ,assistance provided under subparagraph 7,a7 may include additional subsidization under the ,safe ,drinking ,water ,act 7#db ,u4,s4,c4 #cjj;f et seq471 as described in paragraph 7#a77;,b74 7,c7 ,exclusion ,assistance provided under subparagraph 7,a7 shall not include assistance for a project that is financed 7directly or indirectly71 in whole or in part1 with proceeds of any obligation issued after the date of enactment of this ,act-- 7i7 the interest of which is exempt from the tax imposed under chapter #a of the ,internal ,revenue ,code of #aihf2 or 7ii7 with respect to which credit is allowable under subpart ,i or ,j of part ,,iv of subchapter ,a of chapter #a of such ,code4 7#c7 ,limitation ,section #adeb7;d77#b7 of the ,safe ,drinking ,water ,act 7#db ,u4,s4,c4 #cjj;j-#ab7;d77#b77 shall not apply to-- 7,a7 any funds provided under subsection 7e77#a77;,a72 or 7,b7 any other loan provided to an eligible system4 7c7 ,water infrastructure financing 7#a7 ,secured loans 7,a7 ,in general ,using funds provided under subsection 7e77#b77;,a71 the ,administrator may make a secured loan under the ,water ,infrastructure ,finance and ,innovation ,act of #bjad 7#cc ,u4,s4,c4 #cija et seq47 to-- 7i7 an eligible ,state to carry out a project eligible under paragraphs 7#b7 through 7#i7 of section #ejbf of that ,act 7#cc ,u4,s4,c4 #cije7 to address lead or other contaminants in drinking water in an eligible system1 including repair and replacement of public and private drinking water infrastructure2 and 7ii7 any eligible entity under section #ejbe of that ,act 7#cc ,u4,s4,c4 #cijd7 for a project eligible under paragraphs 7#b7 through 7#i7 of section #ejbf of that ,act 7#cc ,u4,s4,c4 #cije74 7,b7 ,amount ,notwithstanding section #ejbi7;b77#b7 of the ,water ,infrastructure ,finance and ,innovation ,act of #bjad 7#cc ,u4,s4,c4 #cijh7;b77#b771 the amount of a secured loan provided under subparagraph 7,a77i7 may be equal to not more than #hj percent of the reasonably anticipated costs of the projects4 7#b7 ,federal involvement ,notwithstanding section #ejbi7;b77#i7 of the ,water ,infrastructure ,finance and ,innovation ,act of #bjad 7#cc ,u4,s4,c4 #cijh7;b77#i771 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 7#a7 may be covered using amounts in the ,state revolving loan fund under section #adeb of the ,safe ,drinking ,water ,act 7#db ,u4,s4,c4 #cjj;j-#ab74 7d7 ,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 agency4 7e7 ,funding 7#a7 ,additional ,drinking ,water ,state ,revolving ,fund capitalization grants 7,a7 ,in general ,the ,secretary of the ,treasury shall make available to the ,administrator a total of #ajj1jjj1jjj to provide additional grants to eligible ,states pursuant to section #adeb of the ,safe ,drinking ,water ,act 7#db ,u4,s4,c4 #cjj;j-#ab71 to be available during the period of fiscal years #bjaf and #bjag for the purposes described in subsection 7b77#b74 7,b7 ,supplemented intended use plans ,from funds made available under subparagraph 7,a71 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 #cj days after the date on which the eligible ,state submits to the ,administrator a supplemented intended use plan under section #adeb7;b7 of the ,safe ,drinking ,water ,act 7#db ,u4,s4,c4 #cjj;j-#ab7;b77 that includes preapplication information regarding projects to be funded using the additional assistance1 including1 with respect to each such project-- 7i7 a description of the project2 7ii7 an explanation of the means by which the project will address a situation causing a declared emergency in the eligible ,state2 7iii7 the estimated cost of the project2 and 7iv7 the projected start date for construction of the project4 7,c7 ,unobligated amounts ,any amounts made available to the ,administrator under subparagraph 7,a7 that are unobligated on the date that is #ah 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 #adeb of the ,safe ,drinking ,water ,act 7#db ,u4,s4,c4 #cjj;j-#ab74 7,d7 ,applicability ,section #adeb7;b77#a7 of the ,safe ,drinking ,water ,act 7#db ,u4,s4,c4 #cjj;j-#ab7;b77#a77 shall not apply to a supplement to an intended use plan under subparagraph 7,b74 7#b7 ,,wifia funding 7,a7 ,in general ,as soon as practicable after the date of enactment of this ,act1 the ,secretary of the ,treasury shall make available to the ,administrator #gj1jjj1jjj to provide credit subsidies1 in consultation with the ,director of the ,office of ,management and ,budget1 for secured loans under subsection 7c77#a77;,a7 with a goal of providing secured loans totaling at least #gjj1jjj1jjj4 7,b7 ,use ,secured loans provided pursuant to subparagraph 7,a7 shall be available to carry out activities described in subsection 7c77#a77;,a74 7#c7 ,applicability ,unless explicitly waived1 all requirements under the ,safe ,drinking ,water ,act 7#db ,u4,s4,c4 #cjj;f et seq47 and the ,water ,infrastructure ,finance and ,innovation ,act of #bjad 7#cc ,u4,s4,c4 #cija et seq47 shall apply to funding provided under this subsection4 7f7 ,health effects evaluation 7#a7 ,in general ,pursuant to section #ajd7;i77#a77;,e7 of the ,comprehensive ,environmental ,response1 ,compensation1 and ,liability ,act 7#db ,u4,s4,c4 #ifjd7;i77#a77;,e771 and on receipt of a request of an appropriate ,state or local health official of an eligible ,state1 the ,director of the ,agency for ,toxic ,substances and ,disease ,registry of the ,national ,center for ,environmental ,health shall in coordination with other agencies1 as appropriate1 conduct voluntary surveillance activities to evaluate any adverse health effects on individuals exposed to lead from drinking water in the affected communities4 7#b7 ,consultations ,pursuant to section #ajd7;i77#d7 of the ,comprehensive ,environmental ,response1 ,compensation1 and ,liability ,act 7#db ,u4,s4,c4 #ifjd7;i77#d771 and on receipt of a request of an appropriate ,state or local health official of an eligible ,state1 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 7#a74 #c4 ,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 ,act1 #bjaf 7,public ,law #aad-aac71 is amended in paragraph 7#a71 by striking the semicolon at the end and inserting the following3 or1 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 supply1 before the date of enactment of this ,act3 ,provided further1 ,that in a ,state in which such an emergency declaration has been issued1 the ,state may use more than #bj 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 recipients24 #d4 ,disclosure of public health threats from lead exposure 7a7 ,exceedance of lead action level ,section #adad7;c7 of the ,safe ,drinking ,water ,act 7#db ,u4,s4,c4 #cjj;g-#c7;c77 is amended-- 7#a7 in paragraph 7#a71 by adding at the end the following3 7,d7 ,notice of any exceedance of a lead action level or any other prescribed level of lead in a regulation issued under section #adab1 including the concentrations of lead found in a monitoring activity or any other level of lead determined by the ,administrator to warrant notice1 either on a case-specific or more general basis4 2 7#b7 in paragraph 7#b7-- 7,a7 by redesignating subparagraphs 7,d7 and 7,e7 as subparagraphs 7,e7 and 7,f71 respectively2 and 7,b7 by inserting after subparagraph 7,c7 the following3 7,d7 ,exceedance of lead action level ,regulations issued under subparagraph 7,a7 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 #adab4 2 7#c7 by redesignating paragraphs 7#c7 and 7#d7 as paragraphs 7#d7 and 7#e71 respectively2 and 7#d7 by inserting after paragraph 7#b7 the following3 7#c7 ,notification of the public relating to lead 7,a7 ,exceedance of lead action level ,not later than #ae 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 #adab1 including the concentrations of lead found in a monitoring activity or any other level of lead determined by the ,administrator to warrant notice1 either on a case-specific or more general basis1 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 activity4 7,b7 ,results of lead monitoring 7i7 ,in general ,the ,administrator may provide notice of any result of lead monitoring conducted by a public water system to-- 7,i7 any person that is served by the public water system2 or 7,,ii7 the local or ,state health department of a locality or ,state in which the public water system is located4 7ii7 ,form of notice ,the ,administrator may provide the notice described in clause 7i7 by-- 7,i7 press release2 or 7,,ii7 other form of communication1 including local media4 7,c7 ,privacy ,notice to the public shall protect the privacy of individual customer information4 4 7b7 ,conforming amendments ,section #adad7;c7 of the ,safe ,drinking ,water ,act 7#db ,u4,s4,c4 #cjj;g-#c7;c77 is amended-- 7#a7 in paragraph 7#a77;,c71 by striking paragraph 7#b77;,e7 and inserting paragraph 7#b77;,f72 7#b7 in paragraph 7#b77;,b77i77,,ii71 by striking subparagraph 7,d7 and inserting subparagraph 7,e72 and 7#c7 in paragraph 7#c77;,b71 in the first sentence1 by striking 7,d7 and inserting 7,e74 #e4 ,registry for lead exposure and advisory committee 7a7 ,definitions ,in this section3 7#a7 ,city ,the term ,city means a city exposed to lead contamination in the local drinking water system4 7#b7 ,committee ,the term ,committee means the ,advisory ,committee established under subsection 7c74 7#c7 ,secretary ,the term ,secretary means the ,secretary of ,health and ,human ,services4 7b7 ,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 ,secretary1 or establish through a grant award or contract1 a lead exposure registry to collect data on the lead exposure of residents of a ,city on a voluntary basis4 7c7 ,advisory ,committee 7#a7 ,membership 7,a7 ,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 members1 and which shall include-- 7i7 an epidemiologist2 7ii7 a toxicologist2 7iii7 a mental health professional2 7iv7 a pediatrician2 7v7 an early childhood education expert2 7vi7 a special education expert2 7vii7 a dietician2 and 7viii7 an environmental health expert4 7,b7 ,requirements ,membership in the ,committee shall not exceed #ae members and not less than #a_/b of the members shall be ,federal members4 7#b7 ,chair ,the ,secretary shall designate a chair from among the ,federal members appointed to the ,committee4 7#c7 ,terms ,members of the ,committee shall serve for a term of not more than #c years and the ,secretary may reappoint members for consecutive terms4 7#d7 ,application of ,,faca ,the ,committee shall be subject to the ,federal ,advisory ,committee ,act 7#e ,u4,s4,c4 ,app474 7#e7 ,responsibilities ,the ,committee shall1 at a minimum-- 7,a7 review the ,federal programs and services available to individuals and communities exposed to lead2 7,b7 review current research on lead poisoning to identify additional research needs2 7,c7 review and identify best practices1 or the need for best practices1 regarding lead screening and the prevention of lead poisoning2 7,d7 identify effective services1 including services relating to healthcare1 education1 and nutrition for individuals and communities affected by lead exposure and lead poisoning1 including in consultation with1 as appropriate1 the lead exposure registry as established in subsection 7b72 and 7,e7 undertake any other review or activities that the ,secretary determines to be appropriate4 7#f7 ,report ,annually for #e years and thereafter as determined necessary by the ,secretary or as required by ,congress1 the ,committee shall submit to the ,secretary1 the ,committees on ,finance1 ,health1 ,education1 ,labor1 and ,pensions1 and ,agriculture1 ,nutrition1 and ,forestry of the ,senate and the ,committees on ,education and the ,workforce1 ,energy and ,commerce1 and ,agriculture of the ,house of ,representatives a report that includes-- 7,a7 an evaluation of the effectiveness of the ,federal programs and services available to individuals and communities exposed to lead2 7,b7 an evaluation of additional lead poisoning research needs2 7,c7 an assessment of any effective screening methods or best practices used or developed to prevent or screen for lead poisoning2 7,d7 input and recommendations for improved access to effective services relating to healthcare1 education1 or nutrition for individuals and communities impacted by lead exposure2 and 7,e7 any other recommendations for communities affected by lead exposure1 as appropriate4 7d7 ,mandatory funding 7#a7 ,in general ,on the date of enactment of this ,act1 out of any funds in the ,treasury not otherwise appropriated1 the ,secretary of the ,treasury shall transfer to the ,secretary1 to be available during the period of fiscal years #bjaf through #bjbj-- 7,a7 #ag1ejj1jjj to carry out subsection 7b72 and 7,b7 #b1ejj1jjj to carry out subsection 7c74 7#b7 ,receipt and acceptance ,the ,secretary shall be entitled to receive1 shall accept1 and shall use to carry out subsections 7b7 and 7c7 the funds transferred under subparagraphs 7,a7 and 7,b7 of paragraph 7#a71 respectively1 without further appropriation4 #f4 ,additional funding for certain childhood health programs 7a7 ,childhood lead poisoning prevention program 7#a7 ,in general ,on the date of enactment of this ,act1 out of any funds in the ,treasury not otherwise appropriated1 the ,secretary of the ,treasury shall transfer to the ,director of the ,centers for ,disease ,control and ,prevention1 to be available during the period of fiscal years #bjag and #bjah1 #aj1jjj1jjj for the childhood lead poisoning prevention program authorized under section #cag;,a of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bdg;b-#a74 7#b7 ,receipt and acceptance ,the ,director of the ,centers for ,disease ,control and ,prevention shall be entitled to receive1 shall accept1 and shall use to carry out the childhood lead poisoning prevention program authorized under section #cag;,a of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bdg;b-#a7 the funds transferred under paragraph 7#a71 without further appropriation4 7b7 ,healthy homes program 7#a7 ,in general ,on the date of enactment of this ,act1 out of any funds in the ,treasury not otherwise appropriated1 the ,secretary of the ,treasury shall transfer to the ,secretary of ,housing and ,urban ,development1 to be available during the period of fiscal years #bjag and #bjah1 #aj1jjj1jjj to carry out the ,healthy ,homes ,initiative of the ,department of ,housing and ,urban ,development4 7#b7 ,receipt and acceptance ,the ,secretary of ,housing and ,urban ,development shall be entitled to receive1 shall accept1 and shall use to carry out the ,healthy ,homes ,initiative of the ,department of ,housing and ,urban ,development the funds transferred under paragraph 7#a71 without further appropriation4 7c7 ,healthy ,start ,program 7#a7 ,in general ,on the date of enactment of this ,act1 out of any funds in the ,treasury not otherwise appropriated1 the ,secretary of the ,treasury shall transfer to the ,administrator of the ,health ,resources and ,services ,administration1 to be available during the period of fiscal years #bjag and #bjah1 #aj1jjj1jjj to carry out the ,healthy ,start ,initiative under section #ccj;,h of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bed;c-#h74 7#b7 ,receipt and acceptance ,the ,administrator of the ,health ,resources and ,services ,administration shall be entitled to receive1 shall accept1 and shall use to carry out the ,healthy ,start ,initiative under section #ccj;,h of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bed;c-#h7 the funds transferred under paragraph 7#a71 without further appropriation4 #g4 ,review and report 7a7 ,in general ,not later than #a year after the date of enactment of this ,act1 the ,attorney ,general and the ,inspector ,general of the ,environmental ,protection ,agency shall submit to the ,committees on ,appropriations1 ,environment and ,public ,works1 and ,homeland ,security and ,governmental ,affairs of the ,senate and the ,committees on ,appropriations1 ,energy and ,commerce1 ,transportation and ,infrastructure1 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 ,flint1 ,michigan4 7b7 ,review ,not later than #cj days after the completion of the investigations described in subsection 7a71 the ,comptroller ,general of the ,united ,states shall commence a review of issues that are not addressed by the investigations and relating to-- 7#a7 the adequacy of the response by the ,state of ,michigan and the ,city of ,flint to the drinking water crisis in ,flint1 ,michigan1 including the timeliness and transparency of the response1 as well as the capacity of the ,state and ,city to manage the drinking water system2 and 7#b7 the adequacy of the response by ,region #e of the ,environmental ,protection ,agency to the drinking water crisis in ,flint1 ,michigan1 including the timeliness and transparency of the response4 7c7 ,contents of report ,not later than #a year after commencing each review under subsection 7b71 the ,comptroller ,general of the ,united ,states shall submit to ,congress a report that includes-- 7#a7 a statement of the principal findings of the review2 and 7#b7 recommendations for ,congress and the ,president to take any actions to prevent a similar situation in the future and to protect public health4 #h4 ,offset ,none of the funds available to the ,secretary of ,energy to provide any credit subsidy under subsection 7d7 of section #acf of the ,energy ,independence and ,security ,act of #bjjg 7#db ,u4,s4,c4 #agjac7 as of the date of enactment of this ,act shall be obligated for new loan commitments under that subsection on or after ,october #a1 #bjbj4