II 

116TH CONGRESS 

1ST SESSION S. 1251 

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 30, 2019 

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 2019’’. 

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 Envi12 ronmental 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 Federal Government 

20 and key water stakeholders strengthen the effective21 ness of drinking water health advisories through en22 hanced collaboration and increased focus on risk 

23 management and risk communication approaches; 

24 (7) in response to the report of the Committee 

25 on Appropriations of the Senate accompanying S. 


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1 1662 of the 115th Congress (S. Rept. 115–139), the 

2 Office of Science and Technology Policy developed a 

3 coordinated cross-agency plan for addressing critical 

4 research gaps related to detecting, assessing expo5 sure to, and identifying the adverse health effects of 

6 emerging contaminants in drinking water; and 

7 (8) it is vital that legislators, regulatory offi8 cials, public water system owners and operators, sci9 entists, and environmental advocacy groups continue 

10 to work to ensure that the public water systems of 

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

12 SEC. 3. DEFINITIONS. 

13 In this Act: 

14 (1) ADMINISTRATOR.—The term ‘‘Adminis15 trator’’ means the Administrator of the Environ16 mental Protection Agency. 

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

18 means any physical, chemical, biological, or radio19 logical substance or matter in water. 

20 (3) CONTAMINANT OF EMERGING CONCERN; 

21 EMERGING CONTAMINANT.—The terms ‘‘contami22 nant of emerging concern’’ and ‘‘emerging contami23 nant’’ mean a contaminant— 


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1 (A) for which the Administrator has not 

2 promulgated a national primary drinking water 

3 regulation; and 

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

5 health of individuals. 

6 (4) FEDERAL RESEARCH STRATEGY.—The term 

7 ‘‘Federal research strategy’’ means the cross-agency 

8 plan described in section 2(7). 

9 (5) TECHNICAL ASSISTANCE AND SUPPORT.— 

10 The term ‘‘technical assistance and support’’ in11 cludes— 

12 (A) assistance with— 

13 (i) identifying appropriate analytical 

14 methods for the detection of contaminants; 

15 (ii) understanding the strengths and 

16 limitations of the analytical methods de17 scribed in clause (i); and 

18 (iii) troubleshooting the analytical 

19 methods described in clause (i); 

20 (B) providing advice on laboratory certifi21 cation program elements; 

22 (C) interpreting sample analysis results; 

23 (D) providing training with respect to 

24 proper analytical techniques; 


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1 (E) identifying appropriate technology for 

2 the treatment of contaminants; and 

3 (F) analyzing samples, if— 

4 (i) the analysis cannot be otherwise 

5 obtained in a practicable manner other6 wise; and 

7 (ii) the capability and capacity to per8 form the analysis is available at a Federal 

9 facility. 

10 (6) WORKING GROUP.—The term ‘‘Working 

11 Group’’ means the Working Group established under 

12 section 4(b)(1). 

13 SEC. 4. RESEARCH AND COORDINATION PLAN FOR EN14 HANCED RESPONSE ON EMERGING CONTAMI15 NANTS. 

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

17 (1) review Federal efforts— 

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

19 development of treatment methods for emerging 

20 contaminants; and 

21 (B) to assist States in responding to the 

22 human health risks posed by contaminants of 

23 emerging concern; and 

24 (2) in collaboration with owners and operators 

25 of public water systems, States, and other interested 


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1 stakeholders, establish a strategic plan for improving 

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

3 (b) INTERAGENCY WORKING GROUP ON EMERGING

4 CONTAMINANTS.— 

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

6 the date of enactment of this Act, the Administrator 

7 and the Secretary of Health and Human Services 

8 shall jointly establish a Working Group to coordinate 

9 the activities of the Federal Government to identify 

10 and analyze the public health effects of drinking 

11 water contaminants of emerging concern. 

12 (2) MEMBERSHIP.—The Working Group shall 

13 include representatives of the following: 

14 (A) The Environmental Protection Agency, 

15 appointed by the Administrator. 

16 (B) The following agencies, appointed by 

17 the Secretary of Health and Human Services: 

18 (i) The National Institutes of Health. 

19 (ii) The Centers for Disease Control 

20 and Prevention. 

21 (iii) The Agency for Toxic Substances 

22 and Disease Registry. 

23 (C) The United States Geological Survey, 

24 appointed by the Secretary of the Interior. 


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1 (D) Any other Federal agency the assist2 ance of which the Administrator determines to 

3 be necessary to carry out this subsection, ap4 pointed by the head of the respective agency. 

5 (3) EXISTING WORKING GROUP.—The Adminis6 trator may expand or modify the duties of an exist7 ing working group to perform the duties of the 

8 Working Group under this subsection. 

9 (c) NATIONAL EMERGING CONTAMINANT RESEARCH

10 INITIATIVE.— 

11 (1) FEDERAL RESEARCH STRATEGY.— 

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

13 after the date of enactment of this Act, the Di14 rector of the Office of Science and Technology 

15 Policy (referred to in this subsection as the 

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

17 the agencies described in subparagraph (C) to 

18 establish a research initiative, to be known as 

19 the ‘‘National Emerging Contaminant Research 

20 Initiative’’, that shall— 

21 (i) use the Federal research strategy 

22 to improve the identification, analysis, 

23 monitoring, and treatment methods of con24 taminants of emerging concern; and 


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1 (ii) develop any necessary program, 

2 policy, or budget to support the implemen3 tation of the Federal research strategy, in4 cluding mechanisms for joint agency review 

5 of research proposals, for interagency co6 funding of research activities, and for in7 formation sharing across agencies. 

8 (B) RESEARCH ON EMERGING CONTAMI9 NANTS.—In carrying out subparagraph (A), the 

10 Director shall— 

11 (i) take into consideration consensus 

12 conclusions from peer-reviewed, pertinent 

13 research on emerging contaminants; and 

14 (ii) in consultation with the Adminis15 trator, identify priority emerging contami16 nants for research emphasis. 

17 (C) FEDERAL PARTICIPATION.—The agen18 cies referred to in subparagraph (A) include— 

19 (i) the National Science Foundation; 

20 (ii) the National Institutes of Health; 

21 (iii) the Environmental Protection 

22 Agency; 

23 (iv) the National Institute of Stand24 ards and Technology; 


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1 (v) the United States Geological Sur2 vey; and 

3 (vi) any other Federal agency that 

4 contributes to research in water quality, 

5 environmental exposures, and public 

6 health, as determined by the Director. 

7 (D) PARTICIPATION FROM ADDITIONAL

8 ENTITIES.—In carrying out subparagraph (A), 

9 the Director shall consult with nongovernmental 

10 organizations, State and local governments, and 

11 science and research institutions determined by 

12 the Director to have scientific or material inter13 est in the National Emerging Contaminant Re14 search Initiative. 

15 (2) IMPLEMENTATION OF RESEARCH REC16 OMMENDATIONS.— 

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

18 after the date on which the Director and heads 

19 of the agencies described in paragraph (1)(C) 

20 establish the National Emerging Contaminant 

21 Research Initiative under paragraph (1)(A), the 

22 head of each agency described in paragraph 

23 (1)(C) shall— 


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1 (i) issue a solicitation for research 

2 proposals consistent with the Federal re3 search strategy; and 

4 (ii) make grants to applicants that 

5 submit research proposals selected by the 

6 National Emerging Contaminant Research 

7 Initiative in accordance with subparagraph 

8 (B). 

9 (B) SELECTION OF RESEARCH PRO10 POSALS.—The National Emerging Contaminant 

11 Research Initiative shall select research pro12 posals to receive grants under this paragraph 

13 on the basis of merit, using criteria identified 

14 by the Director, including the likelihood that 

15 the proposed research will result in significant 

16 progress toward achieving the objectives identi17 fied in the Federal research strategy. 

18 (C) ELIGIBLE ENTITIES.—Any entity or 

19 group of two or more entities may submit to the 

20 head of each agency described in paragraph 

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

22 solicitation for research proposals described in 

23 subparagraph (A)(i), including— 

24 (i) State and local agencies; 


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1 (ii) public institutions, including pub2 lic institutions of higher education; 

3 (iii) private corporations; and 

4 (iv) nonprofit organizations. 

5 (d) FEDERAL TECHNICAL ASSISTANCE AND SUP6 PORT FOR STATES.— 

7 (1) STUDY.— 

8 (A) IN GENERAL.—Not later than 180 

9 days after the date of enactment of this Act, 

10 the Administrator shall conduct a study on ac11 tions the Administrator can take to increase 

12 technical assistance and support for States with 

13 respect to emerging contaminants in drinking 

14 water samples. 

15 (B) CONTENTS OF STUDY.—In carrying 

16 out the study described in subparagraph (A), 

17 the Administrator shall identify— 

18 (i) methods and effective treatment 

19 options to increase technical assistance and 

20 support with respect to emerging contami21 nants to States, including identifying op22 portunities for States to improve commu23 nication with various audiences about the 

24 risks associated with emerging contami25 nants; 


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1 (ii) means to facilitate access to quali2 fied contract testing laboratory facilities 

3 that conduct analyses for emerging con4 taminants; and 

5 (iii) actions to be carried out at exist6 ing Federal laboratory facilities, including 

7 the research facilities of the Administrator, 

8 to provide technical assistance and support 

9 for States that require testing facilities for 

10 emerging contaminants. 

11 (C) AVAILABILITY OF ANALYTICAL RE12 SOURCES.—In carrying out the study described 

13 in subparagraph (A), the Administrator shall 

14 consider— 

15 (i) the availability of— 

16 (I) Federal and non-Federal lab17 oratory capacity; and 

18 (II) validated methods to detect 

19 and analyze contaminants; and 

20 (ii) other factors determined to be ap21 propriate by the Administrator. 

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

23 date of enactment of this Act, the Administrator 

24 shall submit to Congress a report describing the re25 sults of the study described in paragraph (1). 


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1 (3) PROGRAM TO PROVIDE FEDERAL ASSIST2 ANCE TO STATES.— 

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

4 after the date of enactment of this Act, based 

5 on the findings in the report described in para6 graph (2), the Administrator shall develop a 

7 program to provide technical assistance and 

8 support to eligible States for the testing and 

9 analysis of emerging contaminants. 

10 (B) APPLICATION.— 

11 (i) IN GENERAL.—To be eligible for 

12 technical assistance and support under this 

13 paragraph, a State shall submit to the Ad14 ministrator an application at such time, in 

15 such manner, and containing such infor16 mation as the Administrator may require. 

17 (ii) CRITERIA.—The Administrator 

18 shall evaluate an application for technical 

19 assistance and support under this para20 graph on the basis of merit using criteria 

21 identified by the Administrator, includ22 ing— 

23 (I) the laboratory facilities avail24 able to the State; 


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1 (II) the availability and applica2 bility of existing analytical methodolo3 gies; 

4 (III) the potency and severity of 

5 the emerging contaminant, if known; 

6 and 

7 (IV) the prevalence and mag8 nitude of the emerging contaminant. 

9 (iii) PRIORITIZATION.—In selecting 

10 States to receive technical assistance and 

11 support under this paragraph, the Admin12 istrator— 

13 (I) shall give priority to States 

14 with affected areas primarily in finan15 cially distressed communities; 

16 (II) may— 

17 (aa) waive the application 

18 process in an emergency situa19 tion; and 

20 (bb) require an abbreviated 

21 application process for the con22 tinuation of work specified in a 

23 previously approved application 

24 that continues to meet the cri25 teria described in clause (ii); and 


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1 (III) shall consider the relative 

2 expertise and availability of— 

3 (aa) Federal and non-Fed4 eral laboratory capacity available 

5 to the State; 

6 (bb) analytical resources 

7 available to the State; and 

8 (cc) other types of technical 

9 assistance available to the State. 

10 (C) DATABASE OF AVAILABLE RE11 SOURCES.—The Administrator shall establish 

12 and maintain a database of resources available 

13 through the program developed under subpara14 graph (A) to assist States with testing for 

15 emerging contaminants that— 

16 (i) is— 

17 (I) available to States and stake18 holder groups determined by the Ad19 ministrator to have scientific or mate20 rial interest in emerging contami21 nants, including— 

22 (aa) drinking water and 

23 wastewater utilities; 

24 (bb) laboratories; 


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1 (cc) Federal and State emer2 gency responders; 

3 (dd) State primacy agencies; 

4 (ee) public health agencies; 

5 and 

6 (ff) water associations; 

7 (II) searchable; and 

8 (III) accessible through the web9 site of the Administrator; and 

10 (ii) includes a description of— 

11 (I) qualified contract testing lab12 oratory facilities that conduct analyses 

13 for emerging contaminants; and 

14 (II) the resources available in 

15 Federal laboratory facilities to test for 

16 emerging contaminants. 

17 (D) WATER CONTAMINANT INFORMATION

18 TOOL.—The Administrator shall integrate the 

19 database established under subparagraph (C) 

20 into the Water Contaminant Information Tool 

21 of the Environmental Protection Agency. 

22 (4) FUNDING.—Of the amounts available to the 

23 Administrator, the Administrator may use not more 

24 than $15,000,000 in a fiscal year to carry out this 

25 subsection. 


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1 (e) REPORT.—Not less frequently than once every 2 

2 years until 2029, the Administrator shall submit to Con3 gress a report that describes the progress made in car4 rying out this Act. 

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

6 obligation of a State, local government, or Indian Tribe 

7 with respect to treatment methods for, or testing or moni8 toring of, drinking water. 

Æ 


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