II 

109TH CONGRESS 

2D SESSION S. 2298 

To facilitate remediation of perchlorate contamination in water sources in 

the State of California, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

FEBRUARY 16, 2006 

Mrs. FEINSTEIN introduced the following bill; which was read twice and 

referred to the Committee on Environment and Public Works 

A BILL 

To facilitate remediation of perchlorate contamination in 

water sources in the State of California, 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 ‘‘California Perchlorate 

5 Contamination Remediation Act’’. 

6 SEC. 2. FINDINGS AND PURPOSES. 

7 (a) FINDINGS.—Congress finds that— 

8 (1) because finite water sources in the United 

9 States are stretched by regional drought conditions 

10 and increasing demand for water supplies, there is 


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1 increased need for safe and dependable supplies of 

2 fresh water for drinking and agricultural purposes; 

3 (2) perchlorate, a naturally occurring and man4 made compound with commercial and national de5 fense applications, is used primarily in military mu6 nitions and rocket fuels, and also in fireworks, road 

7 flares, blasting agents, and automobile airbags; 

8 (3) perchlorate has been detected in fresh water 

9 sources intended for drinking water and agricultural 

10 use in 35 States and the District of Columbia; 

11 (4)(A) perchlorate has been detected in the food 

12 supply of the United States; and 

13 (B) many fruits and vegetables, including let14 tuce, wheat, tomato, cucumber, and cantaloupe, con15 tain at least trace levels of perchlorate, as do wine, 

16 whiskey, soy milk, dairy milk, and human breast 

17 milk; and 

18 (5) if ingested in sufficient concentration and 

19 for adequate duration, perchlorate may interfere 

20 with thyroid metabolism, the effects of which may 

21 impair normal development of the brain in fetuses, 

22 newborns, and children. 

23 (b) PURPOSES.—The purposes of this Act are— 


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1 (1) to provide grants for remediation of per2 chlorate contamination of water sources and supplies 

3 (including wellheads) in the State; 

4 (2) to provide grants for research and develop5 ment of perchlorate remediation technologies; and 

6 (3) to express the sense of Congress that the 

7 Administrator should establish a national drinking 

8 water standard for perchlorate. 

9 SEC. 3. DEFINITIONS. 

10 In this Act: 

11 (1) ADMINISTRATOR.—The term ‘‘Adminis12 trator’’ means the Administrator of the Environ13 mental Protection Agency. 

14 (2) CALIFORNIA WATER AUTHORITY.—The 

15 term ‘‘California water authority’’ means a public 

16 water district, public water utility, public water plan17 ning agency, municipality, or Indian tribe that is— 

18 (A) located in a region identified under 

19 section 4(b)(3)(B); and 

20 (B) in operation as of the date of enact21 ment of this Act. 

22 (3) FUND.—The term ‘‘Fund’’ means the Cali23 fornia Perchlorate Cleanup Fund established by sec24 tion 4(a)(1). 


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1 (4) STATE.—The term ‘‘State’’ means the State 

2 of California. 

3 SEC. 4. CALIFORNIA PERCHLORATE REMEDIATION 

4 GRANTS. 

5 (a) PERCHLORATE CLEANUP FUND.— 

6 (1) ESTABLISHMENT.—There is established in 

7 the Treasury of the United States a fund, to be 

8 known as the ‘‘California Perchlorate Cleanup 

9 Fund’’, consisting of— 

10 (A) any amount appropriated to the Fund 

11 under section 7; and 

12 (B) any interest earned on investment of 

13 amounts in the Fund under paragraph (3). 

14 (2) EXPENDITURES FROM FUND.— 

15 (A) IN GENERAL.—Subject to subpara16 graph (B), on receipt of a request by the Ad17 ministrator, the Secretary of the Treasury shall 

18 transfer to the Administrator such amounts as 

19 the Administrator determines to be necessary to 

20 provide grants under subsections (b) and (c). 

21 (B) ADMINISTRATIVE EXPENSES.—An 

22 amount not to exceed 0.4 percent of the 

23 amounts in the Fund may be used to pay the 

24 administrative expenses necessary to carry out 

25 this subsection. 


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1 (3) INVESTMENT OF AMOUNTS.— 

2 (A) IN GENERAL.—The Secretary of the 

3 Treasury shall invest such portion of the Fund 

4 as is not, in the judgment of the Secretary of 

5 the Treasury, required to meet current with6 drawals. 

7 (B) INTEREST-BEARING OBLIGATIONS.— 

8 Investments may be made only in interest-bear9 ing obligations of the United States. 

10 (C) ACQUISITION OF OBLIGATIONS.—For 

11 the purpose of investments under subparagraph 

12 (A), obligations may be acquired— 

13 (i) on original issue at the issue price; 

14 or 

15 (ii) by purchase of outstanding obliga16 tions at the market price. 

17 (D) SALE OF OBLIGATIONS.—Any obliga18 tion acquired by the Fund may be sold by the 

19 Secretary of the Treasury at the market price. 

20 (E) CREDITS TO FUND.—The interest on, 

21 and the proceeds from the sale or redemption 

22 of, any obligations held in the Fund shall be 

23 credited to and form a part of the Fund. 

24 (b) CLEANUP GRANTS.— 


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1 (1) IN GENERAL.—Subject to paragraph (3), 

2 the Administrator shall provide grants to California 

3 water authorities, the total amount of which shall 

4 not exceed $50,000,000, to pay the Federal share of 

5 the cost of activities relating to cleanup of water 

6 sources and supplies (including wellheads) in the 

7 State that are contaminated by perchlorate. 

8 (2) FEDERAL SHARE.—The Federal share of 

9 the cost of an activity described in paragraph (1) 

10 shall not exceed 50 percent. 

11 (3) ELIGIBILITY; PRIORITY.— 

12 (A) ELIGIBILITY.—A California water au13 thority that the Administrator determines to be 

14 responsible for perchlorate contamination shall 

15 not be eligible to receive a grant under this sub16 section. 

17 (B) PRIORITY.— 

18 (i) ACTIVITIES.—In providing grants 

19 under this subsection, the Administrator 

20 shall give priority to an activity for the re21 mediation of— 

22 (I) drinking water contaminated 

23 with perchlorate; 

24 (II) a water source with a high 

25 concentration of perchlorate; or 


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1 (III) a water source that serves a 

2 large population that is directly af3 fected by perchlorate contamination. 

4 (ii) LOCATIONS.—In providing grants 

5 under this subsection, the Administrator 

6 shall give priority to an activity described 

7 in clause (i) that is carried out in 1 or 

8 more of the following regions in the State: 

9 (I) The Santa Clara Valley. 

10 (II) Regions within the natural 

11 watershed of the Santa Ana River, in12 cluding areas in Riverside and San 

13 Bernardino Counties. 

14 (III) The San Gabriel Valley. 

15 (IV) Sacramento County. 

16 (V) Any other region that has a 

17 damaged water source as a result of 

18 perchlorate contamination, as deter19 mined by the Administrator. 

20 (c) RESEARCH AND DEVELOPMENT GRANTS.— 

21 (1) IN GENERAL.—The Administrator shall pro22 vide grants, the total amount of which shall not ex23 ceed $8,000,000, to qualified non-Federal entities 

24 (as determined by the Administrator) for use in carVerDate Aug 31 2005 21:46 Feb 17, 2006 Jkt 049200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S2298.IS S2298

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1 rying out research and development of perchlorate 

2 remediation technologies. 

3 (2) MAXIMUM AMOUNT OF GRANT.—The 

4 amount of a grant provided under paragraph (1) 

5 shall not exceed $1,000,000. 

6 SEC. 5. EFFECT OF ACT. 

7 Nothing in this Act affects any authority or program 

8 of a Federal or State agency in existence on the date of 

9 enactment of this Act. 

10 SEC. 6. SENSE OF CONGRESS. 

11 It is the sense of Congress that the Administrator 

12 should establish a national drinking water standard for 

13 perchlorate that reflects all routes of exposure to per14 chlorate as soon as practicable after the date of enactment 

15 of this Act. 

16 SEC. 7. AUTHORIZATION OF APPROPRIATIONS. 

17 There is authorized to be appropriated to carry out 

18 this Act $58,000,000, to remain available until expended. 

Æ 


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