II 

115TH CONGRESS 

1ST SESSION S. 914 

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 SENATE OF THE UNITED STATES 

APRIL 24, 2017 

Mrs. SHAHEEN (for herself and Mr. PORTMAN) introduced the following bill; 

which was read twice and referred to the Committee on Environment and 

Public Works 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Safe Drinking Water 

5 Assistance Act of 2017’’. 

6 SEC. 2. FINDINGS. 

7 Congress finds that— 


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1 (1) safe and clean drinking water is essential to 

2 the health, well-being, comfort, and standard of liv3 ing of every person of the United States; 

4 (2) emerging contaminants in drinking water 

5 systems are increasingly being detected at low levels; 

6 (3) prolonged exposure to unregulated drinking 

7 water contaminants, including emerging contami8 nants, may pose human health risks, particularly to 

9 vulnerable populations; 

10 (4) the Safe Drinking Water Act (42 U.S.C. 

11 300f et seq.), requires the Administrator of the En12 vironmental Protection Agency— 

13 (A) to periodically make regulatory deter14 minations with respect to unregulated contami15 nants; and 

16 (B) not less frequently than once every 5 

17 years, to identify and publish a description of 

18 unregulated contaminants that may require reg19 ulation; 

20 (5) in a 2011 report of the Government Ac21 countability Office, the Comptroller General of the 

22 United States found, with respect to unregulated 

23 drinking water contaminants, that— 


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1 (A) the Administrator has made limited 

2 progress in prioritizing drinking water contami3 nants based on greatest public health concern; 

4 (B) the lack of data relating to the expo5 sure of the public to potentially harmful drink6 ing water contaminants and the related health 

7 effects of that exposure continues to limit the 

8 ability of the Administrator to make regulatory 

9 determinations; and 

10 (C) in many cases, gathering sufficient 

11 data to address contaminants awaiting regu12 latory determinations by the Administrator has 

13 taken the Administrator more than 10 years, 

14 and obtaining data on other contaminants that 

15 are currently awaiting regulatory determina16 tions may take decades; 

17 (6) in the 2016 Drinking Water Action Plan of 

18 the Environmental Protection Agency, the Adminis19 trator recommended that the Government and key 

20 water stakeholders strengthen the effectiveness of 

21 drinking water health advisories through enhanced 

22 collaboration and increased focus on risk manage23 ment and risk communication approaches; and 

24 (7) it is vital that legislators, regulatory offi25 cials, public water system owners and operators, sciVerDate Sep 11 2014 22:54 Apr 24, 2017 Jkt 069200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S914.IS S914

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1 entists, and environmental advocacy groups continue 

2 to work to ensure that the public water systems of 

3 the United States are among the safest in the world. 

4 SEC. 3. DEFINITIONS. 

5 In this Act: 

6 (1) ADMINISTRATOR.—The term ‘‘Adminis7 trator’’ means the Administrator of the Environ8 mental Protection Agency. 

9 (2) CONTAMINANT.—The term ‘‘contaminant’’ 

10 means any physical, chemical, biological, or radio11 logical substance or matter in water. 

12 (3) CONTAMINANT OF EMERGING CONCERN; 

13 EMERGING CONTAMINANT.—The terms ‘‘contami14 nant of emerging concern’’ and ‘‘emerging contami15 nant’’ mean a contaminant— 

16 (A) for which the Administrator has not 

17 promulgated a national primary drinking water 

18 regulation; and 

19 (B) that may have an adverse effect on the 

20 health of individuals. 

21 (4) FEDERAL RESEARCH STRATEGY.—The term 

22 ‘‘Federal research strategy’’ means the interagency 

23 Federal research strategy developed under section 

24 4(c)(1)(A)(i). 


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1 (5) WORKING GROUP.—The term ‘‘Working 

2 Group’’ means the Working Group established under 

3 section 4(b)(1). 

4 SEC. 4. RESEARCH AND COORDINATION PLAN FOR EN5 HANCED RESPONSE ON EMERGING CONTAMI6 NANTS. 

7 (a) IN GENERAL.—The Administrator shall— 

8 (1) review Federal efforts— 

9 (A) to identify, monitor, and assist in the 

10 development of treatment methods for emerging 

11 contaminants; and 

12 (B) to assist States in responding to the 

13 human health challenges posed by contaminants 

14 of emerging concern; and 

15 (2) in collaboration with owners and operators 

16 of public water systems, States, and other interested 

17 stakeholders, establish a strategic plan for improving 

18 the Federal efforts referred to in paragraph (1). 

19 (b) INTERAGENCY WORKING GROUP ON EMERGING

20 CONTAMINANTS.— 

21 (1) IN GENERAL.—Not later than 90 days after 

22 the date of enactment of this Act, the Administrator 

23 and the Secretary of Health and Human Services 

24 shall jointly establish a Working Group to coordinate 

25 the activities of the Federal Government to identify 


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1 and analyze the public health effects of drinking 

2 water contaminants of emerging concern. 

3 (2) MEMBERSHIP.—The Working Group shall 

4 include representatives of the following: 

5 (A) The Environmental Protection Agency, 

6 appointed by the Administrator. 

7 (B) The following agencies, appointed by 

8 the Secretary of Health and Human Services: 

9 (i) The National Institutes of Health. 

10 (ii) The Centers for Disease Control 

11 and Prevention. 

12 (iii) The Agency for Toxic Substances 

13 and Disease Registry. 

14 (C) The United States Geological Survey, 

15 appointed by the Secretary of the Interior. 

16 (D) Any other Federal agency the assist17 ance of which the Administrator determines to 

18 be necessary to carry out this subsection, ap19 pointed by the head of the respective agency. 

20 (3) EXISTING WORKING GROUP.—The Adminis21 trator may expand or modify the duties of an exist22 ing working group to perform the duties of the 

23 Working Group under this subsection. 

24 (c) NATIONAL EMERGING CONTAMINANT RESEARCH

25 INITIATIVE.— 


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1 (1) FEDERAL RESEARCH STRATEGY.— 

2 (A) IN GENERAL.—Not later than 90 days 

3 after the date of enactment of this Act, the Di4 rector of the Office of Science and Technology 

5 Policy (referred to in this subsection as the 

6 ‘‘Director’’) shall coordinate with the heads of 

7 the agencies described in subparagraph (C) to 

8 establish a National Emerging Contaminant 

9 Research Initiative that shall develop— 

10 (i) an interagency Federal research 

11 strategy that specifies and prioritizes the 

12 short-term and long-term research nec13 essary to improve the identification, anal14 ysis, monitoring, and treatment methods of 

15 contaminants of emerging concern; and 

16 (ii) any necessary program, policy, or 

17 budget to support the implementation of 

18 the Federal research strategy, including 

19 mechanisms for joint agency review of re20 search proposals, for interagency cofunding 

21 of research activities, and for information 

22 sharing across agencies. 

23 (B) RESEARCH ON EMERGING CONTAMI24 NANTS.—In carrying out subparagraph (A), the 

25 Director shall— 


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1 (i) take into consideration consensus 

2 conclusions from peer-reviewed, pertinent 

3 research on emerging contaminants; and 

4 (ii) in consultation with the Adminis5 trator, identify priority emerging contami6 nants for research emphasis. 

7 (C) FEDERAL PARTICIPATION.—The agen8 cies described in this subparagraph include— 

9 (i) the National Science Foundation; 

10 (ii) the National Institutes of Health; 

11 (iii) the Environmental Protection 

12 Agency; 

13 (iv) the National Institute of Stand14 ards and Technology; 

15 (v) the United States Geological Sur16 vey; and 

17 (vi) any other Federal agency that 

18 contributes to research in water quality, 

19 environmental exposures, and public 

20 health, as determined by the Director. 

21 (D) NONGOVERNMENTAL PARTICIPA22 TION.—In carrying out subparagraph (A), the 

23 Director shall consult with nongovernmental or24 ganizations and science and research institu25 tions determined by the Director to have sciVerDate Sep 11 2014 22:54 Apr 24, 2017 Jkt 069200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S914.IS S914

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1 entific or material interest in the National 

2 Emerging Contaminant Research Initiative. 

3 (2) IMPLEMENTATION OF RESEARCH REC4 OMMENDATIONS.— 

5 (A) IN GENERAL.—Not later than 1 year 

6 after the date on which the Director completes 

7 the Federal research strategy, the head of each 

8 agency described in paragraph (1)(C) shall— 

9 (i) issue a solicitation for research 

10 proposals consistent with the Federal re11 search strategy; and 

12 (ii) make grants to applicants that 

13 submit research proposals selected by the 

14 National Emerging Contaminant Research 

15 Initiative in accordance with subparagraph 

16 (B). 

17 (B) SELECTION OF RESEARCH PRO18 POSALS.—The National Emerging Contaminant 

19 Research Initiative shall select research pro20 posals to receive grants under this paragraph 

21 on the basis of merit, using criteria identified 

22 by the Director, including the likelihood that 

23 the proposed research will result in significant 

24 progress toward achieving the objectives identi25 fied in the Federal research strategy. 


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1 (C) ELIGIBLE ENTITIES.—Any entity or 

2 group of two or more entities may submit to the 

3 head of each agency described in paragraph 

4 (1)(C) a research proposal in response to the 

5 solicitation for research proposals described in 

6 subparagraph (A), including— 

7 (i) State and local agencies; 

8 (ii) public institutions, including pub9 lic institutions of higher education; 

10 (iii) private corporations; and 

11 (iv) nonprofit organizations. 

12 (d) FEDERAL ASSISTANCE AND SUPPORT FOR

13 STATES.— 

14 (1) STUDY.— 

15 (A) IN GENERAL.—Not later than 180 

16 days after the date of enactment of this Act, 

17 the Administrator shall conduct a study on ac18 tions the Administrator can take to increase as19 sistance and support for States that require 

20 testing facilities for emerging contaminants in 

21 drinking water samples. 

22 (B) CONTENTS OF STUDY.—In carrying 

23 out the study described in subparagraph (A), 

24 the Administrator shall identify— 


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1 (i) methods to increase technical as2 sistance on emerging contaminants to 

3 States, including identifying opportunities 

4 for States to improve communication with 

5 various audiences about the risks associ6 ated with emerging contaminants; 

7 (ii) means to facilitate access to quali8 fied contract testing laboratory facilities 

9 that conduct analyses for emerging con10 taminants; and 

11 (iii) actions to be carried out at exist12 ing Federal laboratory facilities, including 

13 the research facilities of the Administrator, 

14 to provide analytical support for States 

15 that require testing facilities for emerging 

16 contaminants. 

17 (2) REPORT.—Not later than 1 year after the 

18 date of enactment of this Act, the Administrator 

19 shall submit to Congress a report describing the re20 sults of the study described in paragraph (1). 

21 (3) PROGRAM TO PROVIDE FEDERAL ASSIST22 ANCE TO STATES.— 

23 (A) IN GENERAL.—Not later than 3 years 

24 after the date of enactment of this Act, based 

25 on the findings in the report described in paraVerDate Sep 11 2014 22:54 Apr 24, 2017 Jkt 069200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S914.IS S914

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1 graph (2), the Administrator shall develop a 

2 program to provide assistance to eligible States 

3 for the testing and analysis of emerging con4 taminants. 

5 (B) APPLICATION.— 

6 (i) IN GENERAL.—To be eligible for 

7 assistance under this paragraph, a State 

8 shall submit to the Administrator an appli9 cation at such time, in such manner, and 

10 containing such information as the Admin11 istrator may require. 

12 (ii) CRITERIA.—The Administrator 

13 shall evaluate an application for assistance 

14 under this paragraph on the basis of merit 

15 using criteria identified by the Adminis16 trator, including— 

17 (I) the laboratory facilities avail18 able to the State; 

19 (II) the availability and applica20 bility of existing analytical methodolo21 gies; 

22 (III) the potency and severity of 

23 the emerging contaminant, if known; 

24 and 


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1 (IV) the prevalence and mag2 nitude of the emerging contaminant. 

3 (iii) PRIORITIZATION.—In selecting 

4 States to receive assistance under this 

5 paragraph, the Administrator— 

6 (I) shall give priority to States 

7 with affected areas primarily in finan8 cially distressed communities; and 

9 (II) may— 

10 (aa) waive the application 

11 process in an emergency situa12 tion; and 

13 (bb) require an abbreviated 

14 application process for the con15 tinuation of past monitoring sup16 port. 

17 (C) DATABASE OF AVAILABLE RE18 SOURCES.—The Administrator shall establish 

19 and maintain a database of resources available 

20 through the program developed under subpara21 graph (A) to assist States with testing for 

22 emerging contaminants that— 

23 (i) is— 

24 (I) available to States and stake25 holder groups determined by the AdVerDate Sep 11 2014 22:54 Apr 24, 2017 Jkt 069200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6201 E:\BILLS\S914.IS S914

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1 ministrator to have scientific or mate2 rial interest in emerging contami3 nants, including— 

4 (aa) drinking water and 

5 wastewater utilities; 

6 (bb) laboratories; 

7 (cc) Federal and State emer8 gency responders; 

9 (dd) State primacy agencies; 

10 (ee) public health agencies; 

11 and 

12 (ff) water associations; 

13 (II) searchable; and 

14 (III) accessible through the web15 site of the Administrator; and 

16 (ii) includes a description of— 

17 (I) qualified contract testing lab18 oratory facilities that conduct analyses 

19 for emerging contaminants; and 

20 (II) the resources available in 

21 Federal laboratory facilities to test for 

22 emerging contaminants. 

23 (D) WATER CONTAMINANT INFORMATION

24 TOOL.—The Administrator shall integrate the 

25 database established under subparagraph (C) 


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1 into the Water Contaminant Information Tool 

2 of the Environmental Protection Agency. 

3 (4) FUNDING.—The Administrator may request 

4 funding as necessary to carry out this subsection, 

5 but in no case shall funding to carry out this sub6 section exceed $15,000,000 in any fiscal year. 

7 (e) REPORT.—Not less frequently than biannually, 

8 the Administrator shall submit to Congress a report that 

9 describes the progress made in carrying out this Act. 

10 (f) EFFECT.—Nothing in this section modifies any 

11 obligation of a State, local government, or Indian tribe 

12 with respect to treatment methods for, or testing or moni13 toring of, drinking water. 

Æ 


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