[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5361 Introduced in House (IH)]
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116th CONGRESS
1st Session
H. R. 5361
To improve and coordinate interagency Federal actions and provide
assistance to States for responding to public health challenges posed
by emerging contaminants, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
December 9, 2019
Ms. Blunt Rochester (for herself and Mrs. Rodgers of Washington)
introduced the following bill; which was referred to the Committee on
Energy and Commerce, and in addition to the Committee on Science,
Space, and Technology, for a period to be subsequently determined by
the Speaker, in each case for consideration of such provisions as fall
within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To improve and coordinate interagency Federal actions and provide
assistance to States for responding to public health challenges posed
by emerging contaminants, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Safe Drinking Water Assistance Act
of 2019''.
SEC. 2. FINDINGS.
Congress finds that--
(1) safe and clean drinking water is essential to the
health, well-being, comfort, and standard of living of every
person of the United States;
(2) emerging contaminants in drinking water systems are
increasingly being detected at low levels;
(3) prolonged exposure to unregulated drinking water
contaminants, including emerging contaminants, may pose human
health risks, particularly to vulnerable populations;
(4) the Safe Drinking Water Act (42 U.S.C. 300f et seq.)
requires the Administrator of the Environmental Protection
Agency--
(A) to periodically make regulatory determinations
with respect to unregulated contaminants; and
(B) not less frequently than once every 5 years, to
identify and publish a description of unregulated
contaminants that may require regulation;
(5) in a 2011 report of the Government Accountability
Office, the Comptroller General of the United States found,
with respect to unregulated drinking water contaminants, that--
(A) the Administrator has made limited progress in
prioritizing drinking water contaminants based on
greatest public health concern;
(B) the lack of data relating to the exposure of
the public to potentially harmful drinking water
contaminants and the related health effects of that
exposure continues to limit the ability of the
Administrator to make regulatory determinations; and
(C) in many cases, gathering sufficient data to
address contaminants awaiting regulatory determinations
by the Administrator has taken the Administrator more
than 10 years, and obtaining data on other contaminants
that are currently awaiting regulatory determinations
may take decades;
(6) in the 2016 Drinking Water Action Plan of the
Environmental Protection Agency, the Administrator recommended
that the Federal Government and key water stakeholders
strengthen the effectiveness of drinking water health
advisories through enhanced collaboration and increased focus
on risk management and risk communication approaches;
(7) in response to the report of the Committee on
Appropriations of the Senate accompanying S. 1662 of the 115th
Congress (S. Rept. 115-139), the Office of Science and
Technology Policy developed a coordinated cross-agency plan for
addressing critical research gaps related to detecting,
assessing exposure to, and identifying the adverse health
effects of emerging contaminants in drinking water; and
(8) it is vital that legislators, regulatory officials,
public water system owners and operators, scientists, and
environmental advocacy groups continue to work to ensure that
the public water systems of the United States are among the
safest in the world.
SEC. 3. DEFINITIONS.
In this Act:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Environmental Protection Agency.
(2) Contaminant.--The term ``contaminant'' means any
physical, chemical, biological, or radiological substance or
matter in water.
(3) Contaminant of emerging concern; emerging
contaminant.--The terms ``contaminant of emerging concern'' and
``emerging contaminant'' mean a contaminant--
(A) for which the Administrator has not promulgated
a national primary drinking water regulation; and
(B) that may have an adverse effect on the health
of individuals.
(4) Federal research strategy.--The term ``Federal research
strategy'' means the cross-agency plan described in section
2(7).
(5) Technical assistance and support.--The term ``technical
assistance and support'' includes--
(A) assistance with--
(i) identifying appropriate analytical
methods for the detection of contaminants;
(ii) understanding the strengths and
limitations of the analytical methods described
in clause (i); and
(iii) troubleshooting the analytical
methods described in clause (i);
(B) providing advice on laboratory certification
program elements;
(C) interpreting sample analysis results;
(D) providing training with respect to proper
analytical techniques;
(E) identifying appropriate technology for the
treatment of contaminants; and
(F) analyzing samples, if--
(i) the analysis cannot be otherwise
obtained in a practicable manner otherwise; and
(ii) the capability and capacity to perform
the analysis is available at a Federal
facility.
(6) Working group.--The term ``Working Group'' means the
Working Group established under section 4(b)(1).
SEC. 4. RESEARCH AND COORDINATION PLAN FOR ENHANCED RESPONSE ON
EMERGING CONTAMINANTS.
(a) In General.--The Administrator shall--
(1) review Federal efforts--
(A) to identify, monitor, and assist in the
development of treatment methods for emerging
contaminants; and
(B) to assist States in responding to the human
health risks posed by contaminants of emerging concern;
and
(2) in collaboration with owners and operators of public
water systems, States, and other interested stakeholders,
establish a strategic plan for improving the Federal efforts
referred to in paragraph (1).
(b) Interagency Working Group on Emerging Contaminants.--
(1) In general.--Not later than 90 days after the date of
enactment of this Act, the Administrator and the Secretary of
Health and Human Services shall jointly establish a Working
Group to coordinate the activities of the Federal Government to
identify and analyze the public health effects of drinking
water contaminants of emerging concern.
(2) Membership.--The Working Group shall include
representatives of the following:
(A) The Environmental Protection Agency, appointed
by the Administrator.
(B) The following agencies, appointed by the
Secretary of Health and Human Services:
(i) The National Institutes of Health.
(ii) The Centers for Disease Control and
Prevention.
(iii) The Agency for Toxic Substances and
Disease Registry.
(C) The United States Geological Survey, appointed
by the Secretary of the Interior.
(D) Any other Federal agency the assistance of
which the Administrator determines to be necessary to
carry out this subsection, appointed by the head of the
respective agency.
(3) Existing working group.--The Administrator may expand
or modify the duties of an existing working group to perform
the duties of the Working Group under this subsection.
(c) National Emerging Contaminant Research Initiative.--
(1) Federal research strategy.--
(A) In general.--Not later than 90 days after the
date of enactment of this Act, the Director of the
Office of Science and Technology Policy (referred to in
this subsection as the ``Director'') shall coordinate
with the heads of the agencies described in
subparagraph (C) to establish a research initiative, to
be known as the ``National Emerging Contaminant
Research Initiative'', that shall--
(i) use the Federal research strategy to
improve the identification, analysis,
monitoring, and treatment methods of
contaminants of emerging concern; and
(ii) develop any necessary program, policy,
or budget to support the implementation of the
Federal research strategy, including mechanisms
for joint agency review of research proposals,
for interagency cofunding of research
activities, and for information sharing across
agencies.
(B) Research on emerging contaminants.--In carrying
out subparagraph (A), the Director shall--
(i) take into consideration consensus
conclusions from peer-reviewed, pertinent
research on emerging contaminants; and
(ii) in consultation with the
Administrator, identify priority emerging
contaminants for research emphasis.
(C) Federal participation.--The agencies referred
to in subparagraph (A) include--
(i) the National Science Foundation;
(ii) the National Institutes of Health;
(iii) the Environmental Protection Agency;
(iv) the National Institute of Standards
and Technology;
(v) the United States Geological Survey;
and
(vi) any other Federal agency that
contributes to research in water quality,
environmental exposures, and public health, as
determined by the Director.
(D) Participation from additional entities.--In
carrying out subparagraph (A), the Director shall
consult with nongovernmental organizations, State and
local governments, and science and research
institutions determined by the Director to have
scientific or material interest in the National
Emerging Contaminant Research Initiative.
(2) Implementation of research recommendations.--
(A) In general.--Not later than 1 year after the
date on which the Director and heads of the agencies
described in paragraph (1)(C) establish the National
Emerging Contaminant Research Initiative under
paragraph (1)(A), the head of each agency described in
paragraph (1)(C) shall--
(i) issue a solicitation for research
proposals consistent with the Federal research
strategy; and
(ii) make grants to applicants that submit
research proposals selected by the National
Emerging Contaminant Research Initiative in
accordance with subparagraph (B).
(B) Selection of research proposals.--The National
Emerging Contaminant Research Initiative shall select
research proposals to receive grants under this
paragraph on the basis of merit, using criteria
identified by the Director, including the likelihood
that the proposed research will result in significant
progress toward achieving the objectives identified in
the Federal research strategy.
(C) Eligible entities.--Any entity or group of two
or more entities may submit to the head of each agency
described in paragraph (1)(C) a research proposal in
response to the solicitation for research proposals
described in subparagraph (A)(i), including--
(i) State and local agencies;
(ii) public institutions, including public
institutions of higher education;
(iii) private corporations; and
(iv) nonprofit organizations.
(d) Federal Technical Assistance and Support for States.--
(1) Study.--
(A) In general.--Not later than 180 days after the
date of enactment of this Act, the Administrator shall
conduct a study on actions the Administrator can take
to increase technical assistance and support for States
with respect to emerging contaminants in drinking water
samples.
(B) Contents of study.--In carrying out the study
described in subparagraph (A), the Administrator shall
identify--
(i) methods and effective treatment options
to increase technical assistance and support
with respect to emerging contaminants to
States, including identifying opportunities for
States to improve communication with various
audiences about the risks associated with
emerging contaminants;
(ii) means to facilitate access to
qualified contract testing laboratory
facilities that conduct analyses for emerging
contaminants; and
(iii) actions to be carried out at existing
Federal laboratory facilities, including the
research facilities of the Administrator, to
provide technical assistance and support for
States that require testing facilities for
emerging contaminants.
(C) Availability of analytical resources.--In
carrying out the study described in subparagraph (A),
the Administrator shall consider--
(i) the availability of--
(I) Federal and non-Federal
laboratory capacity; and
(II) validated methods to detect
and analyze contaminants; and
(ii) other factors determined to be
appropriate by the Administrator.
(2) Report.--Not later than 1 year after the date of
enactment of this Act, the Administrator shall submit to
Congress a report describing the results of the study described
in paragraph (1).
(3) Program to provide federal assistance to states.--
(A) In general.--Not later than 3 years after the
date of enactment of this Act, based on the findings in
the report described in paragraph (2), the
Administrator shall develop a program to provide
technical assistance and support to eligible States for
the testing and analysis of emerging contaminants.
(B) Application.--
(i) In general.--To be eligible for
technical assistance and support under this
paragraph, a State shall submit to the
Administrator an application at such time, in
such manner, and containing such information as
the Administrator may require.
(ii) Criteria.--The Administrator shall
evaluate an application for technical
assistance and support under this paragraph on
the basis of merit using criteria identified by
the Administrator, including--
(I) the laboratory facilities
available to the State;
(II) the availability and
applicability of existing analytical
methodologies;
(III) the potency and severity of
the emerging contaminant, if known; and
(IV) the prevalence and magnitude
of the emerging contaminant.
(iii) Prioritization.--In selecting States
to receive technical assistance and support
under this paragraph, the Administrator--
(I) shall give priority to States
with affected areas primarily in
financially distressed communities;
(II) may--
(aa) waive the application
process in an emergency
situation; and
(bb) require an abbreviated
application process for the
continuation of work specified
in a previously approved
application that continues to
meet the criteria described in
clause (ii); and
(III) shall consider the relative
expertise and availability of--
(aa) Federal and non-
Federal laboratory capacity
available to the State;
(bb) analytical resources
available to the State; and
(cc) other types of
technical assistance available
to the State.
(C) Database of available resources.--The
Administrator shall establish and maintain a database
of resources available through the program developed
under subparagraph (A) to assist States with testing
for emerging contaminants that--
(i) is--
(I) available to States and
stakeholder groups determined by the
Administrator to have scientific or
material interest in emerging
contaminants, including--
(aa) drinking water and
wastewater utilities;
(bb) laboratories;
(cc) Federal and State
emergency responders;
(dd) State primacy
agencies;
(ee) public health
agencies; and
(ff) water associations;
(II) searchable; and
(III) accessible through the
website of the Administrator; and
(ii) includes a description of--
(I) qualified contract testing
laboratory facilities that conduct
analyses for emerging contaminants; and
(II) the resources available in
Federal laboratory facilities to test
for emerging contaminants.
(D) Water contaminant information tool.--The
Administrator shall integrate the database established
under subparagraph (C) into the Water Contaminant
Information Tool of the Environmental Protection
Agency.
(4) Funding.--Of the amounts available to the
Administrator, the Administrator may use not more than
$15,000,000 in a fiscal year to carry out this subsection.
(e) Report.--Not less frequently than once every 2 years until
2029, the Administrator shall submit to Congress a report that
describes the progress made in carrying out this Act.
(f) Effect.--Nothing in this section modifies any obligation of a
State, local government, or Indian Tribe with respect to treatment
methods for, or testing or monitoring of, drinking water.
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