Emergency Water is a Human Right Act
Bill: H.R.616 | Sponsor: Rep. Tlaib, Rashida (D-MI)
Policy area: Water Resources Development

Summary:
Emergency Water is a Human Right Act
This bill creates a grant program, administered by the Department of Health and Human Services, to provide funds to states and Indian tribes to assist low-income households that pay a high proportion of household income for drinking water and wastewater services. Further, any entity receiving financial assistance under this grant program must ensure that no home energy service or public water system service is or remains disconnected or interrupted during the COVID-19 (i.e., coronavirus disease 2019) public health emergency.

To prohibit water shutoffs during the COVID-19 emergency period, 
  provide drinking and waste water assistance to households, 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 ``Emergency Water is a Human Right 
Act''.

SEC. 2. HOME ENERGY AND WATER SERVICE CONTINUITY.

    Any entity receiving financial assistance pursuant to this Act 
shall, to the maximum extent practicable, establish or maintain in 
effect policies to ensure that no home energy service or public water 
system service to an individual or household, which is provided or 
regulated by such entity, is or remains disconnected or interrupted 
during the emergency period described in section 1135(g)(1)(B) of the 
Social Security Act. For purposes of this Act, the term ``home energy 
service'' means a service to provide home energy, as such term is 
defined in section 2603 of the Low-Income Home Energy Assistance Act of 
1981, and electric service, as that term is used in the Public Utility 
Regulatory Policies Act of 1978, and the term ``public water system'' 
has the meaning given that term in section 1401 of the Safe Drinking 
Water Act. Nothing in this Act shall be construed to require 
forgiveness of outstanding debt owed to an entity or to absolve an 
individual of any obligation to an entity for service.

SEC. 3. LOW-INCOME HOUSEHOLD DRINKING WATER AND WASTEWATER ASSISTANCE.

    (a) Authorization of Appropriations.--There is authorized to be 
appropriated $1,500,000,000 to the Secretary to carry out this section. 
Such sums shall remain available until expended.
    (b) Low-Income Household Drinking Water and Wastewater 
Assistance.--The Secretary shall make grants to States and Indian 
Tribes to assist low-income households, particularly those with the 
lowest incomes, that pay a high proportion of household income for 
drinking water and wastewater services.
    (c) Use of LIHEAP Resources.--In carrying out this section, the 
Secretary, States, and Indian Tribes, as applicable, shall use the 
existing processes, procedures, policies, and systems in place to carry 
out the Low-Income Home Energy Assistance Act of 1981, as the Secretary 
determines appropriate, including by using the application and approval 
process under such Act to the maximum extent practicable.
    (d) Allotment.--
            (1) Factors.--The Secretary shall allot amounts 
        appropriated pursuant to this section to a State or Indian 
        Tribe taking into account--
                    (A) the percentage of households in the State, or 
                under the jurisdiction of the Indian Tribe, that are 
                low-income, as determined by the Secretary;
                    (B) the average State or Tribal drinking water and 
                wastewater service rates; and
                    (C) the extent to which the State or Indian Tribe 
                has been impacted by the public health emergency.
            (2) Notification to congress.--Not later than 15 days after 
        determining an amount to allot to each State or Indian Tribe 
        pursuant to paragraph (1), and prior to making grants under 
        this section, the Secretary shall notify Congress of such 
        allotment amounts.
    (e) Determination of Low-Income Households.--
            (1) Minimum definition of low-income.--In determining 
        whether a household is considered low-income for the purposes 
        of this section, a State or Indian Tribe shall--
                    (A) ensure that, at a minimum, all households 
                within 150 percent of the Federal poverty line are 
                included as low-income households; and
                    (B) consider households that have not previously 
                received assistance under the Low-Income Home Energy 
                Assistance Act of 1981 in the same manner as households 
                that have previously received such assistance.
            (2) Household documentation requirements.--States and 
        Indian Tribes shall--
                    (A) to the maximum extent practicable, seek to 
                limit the income history documentation requirements for 
                determining whether a household is considered low-
                income for the purposes of this section; and
                    (B) for the purposes of income eligibility, accept 
                proof of job loss or severe income loss dated after 
                February 29, 2020, such as a layoff or furlough notice 
                or verification of application of unemployment 
                benefits, as sufficient to demonstrate lack of income 
                for an individual or household.
    (f) Applications.--Each State or Indian Tribe desiring to receive a 
grant under this section shall submit an application to the Secretary, 
in such form as the Secretary shall require.
    (g) State Agreements With Drinking Water and Wastewater 
Providers.--To the maximum extent practicable, a State that receives a 
grant under this section shall enter into agreements with public water 
systems, municipalities, nonprofit organizations associated with 
providing drinking water and wastewater services to rural and small 
communities, and Indian Tribes, to assist in identifying low-income 
households and to carry out this section.
    (h) Administrative Costs.--A State or Indian Tribe that receives a 
grant under this section may use up to 15 percent of the granted 
amounts for administrative costs.
    (i) Federal Agency Coordination.--In carrying out this section, the 
Secretary shall coordinate with the Administrator of the Environmental 
Protection Agency and consult with other Federal agencies with 
authority over the provision of drinking water and wastewater services.
    (j) Audits.--The Secretary shall require each State and Indian 
Tribe receiving a grant under this section to undertake periodic audits 
and evaluations of expenditures made by such State or Indian Tribe 
pursuant to this section.
    (k) Reports to Congress.--The Secretary shall submit to Congress a 
report on the results of activities carried out pursuant to this 
section--
            (1) not later than 1 year after the date of enactment of 
        this section; and
            (2) upon disbursement of all funds appropriated pursuant to 
        this section.
    (l) Definitions.--In this section:
            (1) Indian tribe.--The term ``Indian Tribe'' means any 
        Indian Tribe, band, group, or community recognized by the 
        Secretary of the Interior and exercising governmental authority 
        over a Federal Indian reservation.
            (2) Municipality.--The term ``municipality'' has the 
        meaning given such term in section 502 of the Federal Water 
        Pollution Control Act (33 U.S.C. 1362).
            (3) Public health emergency.--The term ``public health 
        emergency'' means the public health emergency described in 
        section 1135(g)(1)(B) of the Social Security Act.
            (4) Secretary.--The term ``Secretary'' means the Secretary 
        of Health and Human Services.
            (5) State.--The term ``State'' means a State, the District 
        of Columbia, the Commonwealth of Puerto Rico, the Virgin 
        Islands of the United States, Guam, American Samoa, and the 
        Commonwealth of the Northern Mariana Islands.
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