II 

116TH CONGRESS 

1ST SESSION S. 1837 

To require the Administrator of the Environmental Protection Agency to 

establish a discretionary grant program for drinking water and wastewater infrastructure projects, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JUNE 13, 2019 

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

referred to the Committee on Environment and Public Works 

A BILL 

To require the Administrator of the Environmental Protection Agency to establish a discretionary grant program 

for drinking water and wastewater infrastructure 

projects, 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 ‘‘Protecting Infrastruc5 ture and Promoting the Economy Act’’ or the ‘‘PIPE 

6 Act’’. 


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1 SEC. 2. DRINKING WATER AND WASTEWATER INFRASTRUC2 TURE DISCRETIONARY GRANT PROGRAM. 

3 (a) DEFINITIONS.—In this section: 

4 (1) ADMINISTRATOR.—The term ‘‘Adminis5 trator’’ means the Administrator of the Environ6 mental Protection Agency. 

7 (2) PROGRAM.—The term ‘‘program’’ means 

8 the drinking water and wastewater infrastructure 

9 discretionary grant program established under sub10 section (b). 

11 (b) ESTABLISHMENT OF PROGRAM.—Not later than 

12 1 year after the date of enactment of this Act, the Admin13 istrator shall establish a drinking water and wastewater 

14 discretionary grant program to provide grants on a com15 petitive basis to eligible entities for investments in drink16 ing water and wastewater infrastructure projects. 

17 (c) ELIGIBLE ENTITIES.—An entity eligible to re18 ceive a grant under the program is— 

19 (1) a State; 

20 (2) a unit of local government; 

21 (3) a federally recognized Indian Tribe; or 

22 (4) a public or nonprofit water utility. 

23 (d) ELIGIBLE PROJECTS.—A project eligible to be 

24 carried out with funds under the program includes— 


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1 (1) 1 or more activities that are eligible for as2 sistance under section 603(c) of the Federal Water 

3 Pollution Control Act (33 U.S.C. 1383(c)); 

4 (2) 1 or more activities described in section 

5 1452(a)(2) of the Safe Drinking Water Act (42 

6 U.S.C. 300j–12(a)(2)); and 

7 (3) any other drinking water infrastructure 

8 project or wastewater infrastructure project that the 

9 Administrator determines to appropriate. 

10 (e) APPLICATION.— 

11 (1) IN GENERAL.—To be eligible to receive a 

12 grant under the program, an eligible entity shall 

13 submit to the Administrator an application in such 

14 manner and containing such information as the Ad15 ministrator may require. 

16 (2) BUNDLING OF PROJECTS.—An eligible enti17 ty may include more than 1 project in a single appli18 cation. 

19 (3) DEADLINE.—An application shall be sub20 mitted to the Administrator not later than 180 days 

21 after the date on which the notice of funding oppor22 tunity and the selection criteria are issued under 

23 subsection (f)(1)(B). 

24 (f) SELECTION.— 

25 (1) CRITERIA.— 


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1 (A) IN GENERAL.—The Administrator 

2 shall establish criteria in accordance with this 

3 subsection to use in selecting projects to receive 

4 a grant under the program. 

5 (B) PUBLICATION.—Not later than 60 

6 days after the date on which funds are made 

7 available to carry out the program for each fis8 cal year, the Administrator shall— 

9 (i) issue a notice of funding oppor10 tunity for the program; and 

11 (ii) include in the notice the selection 

12 criteria established under subparagraph 

13 (A). 

14 (2) PRIORITY.—In selecting projects to receive 

15 a grant under the program, the Administrator shall 

16 give priority to projects— 

17 (A) for which a Federal grant would assist 

18 in completing an overall financing package for 

19 the project; and 

20 (B) that would help bring— 

21 (i) public water systems (as defined in 

22 section 1401 of the Safe Drinking Water 

23 Act (42 U.S.C. 300f)) into compliance with 

24 the Safe Drinking Water Act (42 U.S.C. 

25 300f et seq.); or 


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1 (ii) publicly owned treatment works 

2 (as defined in section 212 of the Federal 

3 Water Pollution Control Act (33 U.S.C. 

4 1292)) into compliance with the Federal 

5 Water Pollution Control Act (33 U.S.C. 

6 1251 et seq.). 

7 (3) GEOGRAPHICAL DISTRIBUTION.—For each 

8 fiscal year, in providing grants under the program, 

9 the Administrator shall ensure that the funds are 

10 distributed— 

11 (A) on an equitable geographical basis; and 

12 (B) in a manner that balances the needs of 

13 urban, suburban, and rural communities. 

14 (4) DEADLINE.—Not later than 1 year after 

15 the date on which funds are made available to carry 

16 out the program for each fiscal year, the Adminis17 trator shall select projects to receive grants under 

18 the program. 

19 (g) REQUIREMENTS.— 

20 (1) TOTAL STATE LIMIT.—For each fiscal year, 

21 the total amount provided under the program for 

22 projects in a single State shall not exceed 20 percent 

23 of the total amount made available to carry out the 

24 program. 


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

2 the cost of a project carried out with a grant under 

3 the program shall not exceed 100 percent. 

4 (h) REGULATIONS.—The Administrator may promul5 gate such regulations as may be necessary to carry out 

6 this section. 

7 (i) DAVIS-BACON.— 

8 (1) IN GENERAL.—Notwithstanding any other 

9 provision of law, all laborers and mechanics em10 ployed by contractors or subcontractors on projects 

11 carried out in whole or in part using a grant under 

12 the program shall be paid wages at rates not less 

13 than those prevailing on projects of a similar char14 acter in the locality as determined by the Secretary 

15 of Labor in accordance with subchapter IV of chap16 ter 31 of title 40, United States Code (commonly 

17 known as the ‘‘Davis-Bacon Act’’). 

18 (2) AUTHORITY.—With respect to the labor 

19 standards specified in paragraph (1), the Secretary 

20 of Labor shall have the authority and functions set 

21 forth in Reorganization Plan Numbered 14 of 1950 

22 (64 Stat. 1267; 5 U.S.C. App.) and section 3145 of 

23 title 40, United States Code. 

24 (j) BUY AMERICA.—Notwithstanding any other pro25 vision of law, the Administrator may not provide a grant 


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1 under the program for a project unless the project meets 

2 the requirements described in section 1452(a)(4) of the 

3 Safe Drinking Water Act (42 U.S.C. 300j–12(a)(4)). 

4 (k) REPORTS.—Not later than 2 years after the date 

5 of enactment of this Act, the Administrator shall submit 

6 to Congress and make publicly available a report on the 

7 implementation of the program. 

8 (l) FUNDING.— 

9 (1) AUTHORIZATION OF APPROPRIATIONS.— 

10 There is authorized to be appropriated to carry out 

11 this section $500,000,000 for each of fiscal years 

12 2020 through 2029. 

13 (2) AVAILABILITY.—Funds made available to 

14 carry out this section shall be available until ex15 pended. 

Æ 


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