In this task, you are given text for US Congressional and California state bills, your task is to generate a summary for this bill.

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Scientifically Identifying the Need 
for Critical Habitat Act''.

SEC. 2. DISCRETIONARY AUTHORITY TO DESIGNATE CRITICAL HABITAT.

    Section 4(a)(3) of the Endangered Species Act of 1973 (16 U.S.C. 
1533(a)(3)(A)) is amended to read as follows:
            ``(A) may designate any habitat of a species that is 
        determined under paragraph (1) to be an endangered species or 
        threatened species as critical habitat of such species; and ''.

SEC. 3. SOUND SCIENCE.

    (a) Best Scientific and Commercial Data Available.--
            (1) In general.--Section 3 of the Endangered Species Act of 
        1973 (16 U.S.C. 1532) is amended--
                    (A) by amending the section heading to read as 
                follows:

``SEC. 3. DEFINITIONS AND GENERAL PROVISIONS. '';

                    (B) by striking ``For the purposes of this Act--'' 
                and inserting the following:
    ``(a) Definitions.--In this Act:''; and
                    (C) by adding at the end the following:
    ``(b) Use of Certain Data.--In any case in which the Secretary is 
required by this Act to use the best scientific and commercial data 
available, the Secretary, in evaluating comparable data, shall give 
greater weight to scientific or commercial data that is empirical or 
has been field-tested or peer-reviewed.''.
            (2) Conforming amendment.--The table of contents in the 
        first section of the Endangered Species Act of 1973 (16 U.S.C. 
        prec. 1531) is amended by striking the item relating to section 
        3 and inserting the following:

``Sec. 3. Definitions and general provisions.''.
    (b) Use of Sound Science in Listing.--Section 4(b) of the 
Endangered Species Act of 1973 (16 U.S.C. 1533(b)) is amended by adding 
at the end the following:
            ``(9) Establishment of criteria for scientific studies to 
        support listing.--Not later than 1 year after the date of 
        enactment of this paragraph, the Secretary shall promulgate 
        regulations that establish criteria that must be met for 
        scientific and commercial data to be used as the basis of a 
        determination under this section that a species is an 
        endangered species or a threatened species.
            ``(10) Field data.--
                    ``(A) Requirement.--The Secretary may not determine 
                that a species is an endangered species or a threatened 
                species unless the determination is supported by data 
                obtained by observation of the species in the field.
                    ``(B) Data from landowners.--The Secretary shall--
                            ``(i) accept and acknowledge receipt of 
                        data regarding the status of a species that is 
                        collected by an owner of land through 
                        observation of the species on the land; and
                            ``(ii) include the data in the rulemaking 
                        record compiled for any determination that the 
                        species is an endangered species or a 
                        threatened species.''.
    (c) Use of Sound Science in Recovery Planning.--Section 4(f) of the 
Endangered Species Act of 1973 (16 U.S.C. 1533(f)) is amended by adding 
at the end the following:
    ``(6)(A) The Secretary shall identify and publish in the Federal 
Register with the notice of a proposed regulation pursuant to paragraph 
(5)(A)(i) a description of additional scientific and commercial data 
that would assist in the preparation of a recovery plan and--
            ``(i) invite any person to submit the data to the 
        Secretary; and
            ``(ii) describe the steps that the Secretary plans to take 
        for acquiring additional data.
    ``(B) Data identified and obtained under subparagraph (A)(i) shall 
be considered by the recovery team and the Secretary in the preparation 
of the recovery plan in accordance with section 5.''.

SEC. 4. PEER REVIEW.

    Section 4 of the Endangered Species Act of 1973 (16 U.S.C. 1533) is 
amended by adding at the end the following:
    ``(j) Independent Scientific Review Requirements.--
            ``(1) Definitions.--In this subsection:
                    ``(A) Action.--The term `action' means--
                            ``(i) the determination that a species is 
                        an endangered species or a threatened species 
                        under subsection (a);
                            ``(ii) the determination under subsection 
                        (a) that an endangered species or a threatened 
                        species be removed from any list published 
                        under subsection (c)(1);
                            ``(iii) the development of a recovery plan 
                        for a threatened species or endangered species 
                        under subsection (f); and
                            ``(iv) the determination that a proposed 
                        action is likely to jeopardize the continued 
                        existence of a listed species and the proposal 
                        of any reasonable and prudent alternatives by 
                        the Secretary under section 7(b)(3).
                    ``(B) Qualified individual.--The term `qualified 
                individual' means an individual with expertise in the 
                biological sciences--
                            ``(i) who through publication of peer-
                        reviewed scientific literature or other means, 
                        has demonstrated scientific expertise on the 
                        species or a similar species or other 
                        scientific expertise relevant to the decision 
                        of the Secretary under subsection (a) or (f);
                            ``(ii) who does not have, or represent any 
                        person with, a conflict of interest with 
                        respect to the determination that is the 
                        subject of the review;
                            ``(iii) who is not a participant in any 
                        petition or proposed or final determination 
                        before the Secretary; and
                            ``(iv) who has no direct financial 
                        interest, and is not employed by any person 
                        with a direct financial interest, in opposing 
                        the action under consideration.
            ``(2) List of independent scientific reviewers.--The 
        Secretary shall solicit recommendations from the National 
        Academy of Sciences and develop and maintain a list of 
        qualified reviewers to participate in independent scientific 
        review actions.
            ``(3) Appointment of independent scientific reviewers.--(A) 
        Before any action shall become final, the Secretary shall 
        appoint randomly, from among the list prepared in accordance 
        with this section, 3 qualified individuals who shall review and 
        report to the Secretary on the scientific information and 
        analyses on which the proposed action is based.
            ``(B) The selection and activities of the referees selected 
        pursuant to this section shall not be subject to the Federal 
        Advisory Committee Act (5 U.S.C. App.).
            ``(C) Reviewers shall be compensated for conducting the 
        independent review.
            ``(4) Opinion of peer reviewers.--Independent reviewers 
        shall provide the Secretary, within 3 months, their opinion 
        regarding all relevant scientific information and assumptions 
        relating to the taxonomy, population models, and supportive 
        biological and ecological information for the species in 
        question.
            ``(5) Final determination.--If the referees have made a 
        recommendation on a proposed action, the Secretary shall 
        evaluate and consider the information that results from the 
        independent scientific review and include in the final 
        determination--
                    ``(A) a summary of the results of the independent 
                scientific review; and
                    ``(B) in a case in which the recommendation of a 
                majority of the referees who conducted the independent 
                scientific review is not followed, an explanation as to 
                why the recommendation was not followed.
            ``(6) Public notice.--The report of the peer reviewers 
        shall be included in the official record of the proposed action 
        and shall be available for public review prior to the close of 
        the comment period on the proposed action.''.

SEC. 5. IMPROVED RECOVERY PLANNING.

    (a) Use of Information Provided by States.--Section 7(b)(1) of the 
Endangered Species Act of 1973 (16 U.S.C. 1536(b)(1)) is amended by 
adding at the end the following:
                    ``(C) Use of state information.--In conducting a 
                consultation under subsection (a)(2), the Secretary 
                shall actively solicit and consider information from 
                the State agency in each affected State.''.
    (b) Opportunity to Participate in Consultations.--Section 7(b)(1) 
of the Endangered Species Act of 1973 (16 U.S.C. 1536(b)(1)) (as 
amended by subsection (a)) is further amended by adding at the end the 
following:
                    ``(D) Opportunity to participate in 
                consultations.--
                            ``(i) In general.--In conducting a 
                        consultation under subsection (a)(2), the 
                        Secretary shall provide any person who has 
                        sought authorization or funding from a Federal 
                        agency for an action that is the subject of the 
                        consultation, the opportunity to--
                                    ``(I) before the development of a 
                                draft biological opinion, submit and 
                                discuss with the Secretary and the 
                                Federal agency information relevant to 
                                the effect of the proposed action on 
                                the species and the availability of 
                                reasonable and prudent alternatives (if 
                                a jeopardy opinion is to be issued) 
                                that the Federal agency and the person 
                                can take to avoid violation of 
                                subsection (a)(2);
                                    ``(II) receive information, on 
                                request, subject to the exemptions 
                                specified in section 552(b) of title 5, 
                                United States Code, on the status of 
                                the species, threats to the species, 
                                and conservation measures, used by the 
                                Secretary to develop the draft 
                                biological opinion and the final 
                                biological opinion, including the 
                                associated incidental taking 
                                statements; and
                                    ``(III) receive a copy of the draft 
                                biological opinion from the Federal 
                                agency and, before issuance of the 
                                final biological opinion, submit 
                                comments on the draft biological 
                                opinion and discuss with the Secretary 
                                and the Federal agency the basis for 
                                any finding in the draft biological 
                                opinion.
                            ``(ii) Explanation.--If reasonable and 
                        prudent alternatives are proposed by a person 
                        under clause (i) and the Secretary does not 
                        include the alternatives in the final 
                        biological opinion, the Secretary shall explain 
                        to the person why those alternatives were not 
                        included in the opinion.
                            ``(iii) Public access to information.--
                        Comments and other information submitted to, or 
                        received from, any person (pursuant to clause 
                        (i)) who seeks authorization or funding for an 
                        action shall be maintained in a file for that 
                        action by the Secretary and shall be made 
                        available to the public (subject to the 
                        exemptions specified in section 552(b) of title 
                        5, United States Code).''.
Scientifically Identifying the Need for Critical Habitat Act - Amends the Endangered Species Act of 1973 to change from mandatory to discretionary the authority of the Secretary of the Interior to designate critical habitat of an endangered or threatened species.

Directs the Secretary, when required by the Act to use the best scientific and commercial data available, in evaluating comparable data to give greater weight to such data that is empirical or has been field-tested or peer-reviewed.

Specifies requirements for the use of sound science in the listing of endangered or threatened species such as: (1) the establishment of criteria for scientific studies to support the listing; (2) use of data obtained by observation of the species in the field; and (3) use of data from landowners who have observed such species on their land. Requires the use of sound science in the preparation of a recovery plan for an endangered or threatened species.

Sets forth requirements for: (1) peer review before certain action can become final with respect to endangered or threatened species; and (2) use of information provided by States affected by such species or their habitat for recovery plans.

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Safe Teen and Novice Driver Uniform 
Protection Act of 2011'' or the ``STANDUP Act''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) The National Highway Traffic Safety Administration has 
        reported that--
                    (A) motor vehicle crashes are the leading cause of 
                death of Americans between 15 and 20 years of age;
                    (B) between 1999 and 2009, more than 90,000 
                Americans were killed in motor vehicle crashes 
                involving drivers between 15 and 20 years of age, an 
                average of 155 deaths per week;
                    (C) drivers between 16 and 20 years of age have a 
                fatality rate that is 4 times higher than the rate for 
                drivers between 25 and 70 years of age; and
                    (D) teenage drivers who are 16 years of age have a 
                motor vehicle crash rate that is almost 10 times higher 
                than the crash rate for drivers between 30 and 60 years 
                of age.
            (2) The National Transportation Safety Board found that 
        during the most recent 10-year period--
                    (A) teen drivers comprised less than 7 percent of 
                the driving population and accounted for more than 13 
                percent of drivers involved in all deadly crashes; and
                    (B) more than 20 percent of all highway fatalities 
                occurred in crashes that involved teen drivers.
            (3) Analysis by the Children's Hospital of Philadelphia 
        Research Institute shows that--
                    (A) teenage drivers comprise approximately 40 
                percent of the fatalities in motor vehicle crashes in 
                which they are involved; and
                    (B) the other 60 percent of the fatalities in those 
                crashes are--
                            (i) passengers who were riding in the 
                        vehicle with the teen driver;
                            (ii) drivers and passengers in other 
                        vehicles involved in a crash with the teen 
                        driver's vehicle; and
                            (iii) pedestrians.
            (4) According to the Insurance Institute for Highway 
        Safety--
                    (A) the chance that a vehicle driven by a 16- or 
                17-year-old will be involved in an accident--
                            (i) doubles when there are 2 other teens in 
                        the vehicle; and
                            (ii) quadruples when there are 4 teens in 
                        the vehicle;
                    (B) States with strong nighttime driving 
                restrictions experience lower fatal crash rates among 
                drivers ages 15 to 17 years old; and
                    (C) a higher age requirement for licensing teen 
                drivers is correlated with a lower number of fatal 
                crashes per capita.
            (5) The National Highway Traffic Safety Administration has 
        found that distraction caused by cellular phones is significant 
        enough to degrade driver performance, and is particularly 
        dangerous for inexperienced drivers between 15 and 20 years of 
        age.
            (6) That National Transportation Safety Board has found 
        that although only 20 percent of driving by teenage drivers 
        occurs at night, more than 50 percent of the motor vehicle 
        crash fatalities involving teenage drivers occur at night.
            (7) According to a 2007 report from the Texas 
        Transportation Institute at Texas A&M University--
                    (A) teenage drivers in rural areas are less likely 
                to be aware of the risks and dangers associated with 
                driving, placing them at higher risk of involvement in 
                crashes;
                    (B) teen drivers are more likely than other 
                drivers--
                            (i) to drive with other teenage passengers;
                            (ii) to drive late at night;
                            (iii) to exceed the speed limit;
                            (iv) to use cell phones while driving; and
                            (v) to fail to use seat belts while 
                        driving.
            (8) The National Highway Traffic Safety Administration 
        reports that although 23 percent of the population of the 
        United States lives in rural areas, 57 percent of all traffic 
        fatalities occur on rural roads, underscoring the elevated 
        crash risk for teen drivers in rural areas.
            (9) The American Academy of Pediatrics has found evidence 
        that the area of the brain responsible for planning, impulse 
        control, and executive decisionmaking does not fully mature 
        until a person is between 20 and 25 years of age, placing teen 
        drivers at greater risk of being involved in an accident.
            (10) The Journal of the American Medical Association 
        reports that after Michigan and North Carolina adopted 
        comprehensive graduated driver licensing systems in 1997, 
        crashes involving 16-year-old drivers decreased by 25 percent 
        in Michigan and by 27 percent in North Carolina.
            (11) According to the Office of the Illinois Secretary of 
        State, teen driving deaths dropped by over 40 percent in 
        Illinois in the first full year following the 2007 
        implementation of a stronger graduated driver licensing law.
            (12) The National Transportation Safety Board reports that 
        over 40 States and the District of Columbia have implemented 
        some type of 3-stage graduated driver licensing system. 
        However, most States have not yet enacted all of the lifesaving 
        safety features of graduated driver licensing laws recommended 
        by the National Transportation Safety Board and supported by 
        research to protect the lives of teenage and novice drivers.
            (13) A 2010 national survey by the Insurance Institute of 
        Highway Safety indicates that--
                    (A) parents of teens favor graduated driver 
                licensing laws that are as strict or stricter than 
                those that currently exist in any State;
                    (B) \2/3\ of parents of teens believe that young 
                drivers should begin learning to drive at 16 years of 
                age or older;
                    (C) more than \1/2\ of parents of teens believe 
                that the minimum licensing age should be 17 years of 
                age or older;
                    (D) 90 percent of parents of teens support a 
                restriction on unsupervised nighttime driving;
                    (E) more than 75 percent of parents of teens 
                believe that the restriction on unsupervised nighttime 
                driving should begin at 10 p.m. or earlier;
                    (F) 89 percent of parents of teens support 
                restrictions on teen passengers; and
                    (G) more than 75 percent of parents of teens 
                believe that teen drivers should not be permitted to 
                more than 1 teen passenger in their vehicle.

SEC. 3. STATE GRADUATED DRIVER LICENSING LAWS.

    (a) Minimum Requirements.--
            (1) In general.--A State is in compliance with this section 
        if the State has a graduated driver licensing law that requires 
        novice drivers younger than 21 years of age to comply with the 
        2-stage licensing process described in paragraph (2) before 
        receiving an unrestricted driver's license.
            (2) Licensing process.--A State is in compliance with the 
        2-stage licensing process described in this paragraph if the 
        State's driver's license laws include--
                    (A) a learner's permit stage that--
                            (i) commences at 16 years of age or older;
                            (ii) is at least 6 months in duration;
                            (iii) prohibits the driver from using a 
                        cellular telephone or any communications device 
                        in a nonemergency situation; and
                            (iv) remains in effect until--
                                    (I) the commencement of the 
                                intermediate stage; or
                                    (II) the driver reaches 18 years of 
                                age;
                    (B) an intermediate stage that--
                            (i) commences immediately after the 
                        expiration of the learner's permit stage;
                            (ii) is at least 6 months in duration;
                            (iii) prohibits the driver from using a 
                        cellular telephone or any communications device 
                        in a nonemergency situation;
                            (iv) prohibits driving at night;
                            (v) prohibits the driver from operating a 
                        motor vehicle with more than 1 non-familial 
                        passenger younger than 21 years of age unless a 
                        licensed driver who is at least 21 years of age 
                        is in the motor vehicle; and
                            (vi) remains in effect until the driver 
                        reaches 18 years of age; and
                    (C) any other requirement that the Secretary of 
                Transportation may require, including--
                            (i) in the learner's permit stage--
                                    (I) at least 40 hours of behind-
                                the-wheel training with a licensed 
                                driver who is at least 21 years of age;
                                    (II) a driver training course; and
                                    (III) a requirement that any such 
                                driver be accompanied and supervised by 
                                a licensed driver who is at least 21 
                                years of age at all times while such 
                                driver is operating a motor vehicle; 
                                and
                            (ii) in the learner's permit or 
                        intermediate stage, a requirement that, in 
                        addition to any other penalties imposed by 
                        State law, the grant of an unrestricted 
                        driver's license be automatically delayed for 
                        any individual who, during the learner's permit 
                        or intermediate stage, is convicted of a 
                        driving-related offense, such as--
                                    (I) driving while intoxicated;
                                    (II) misrepresentation of his or 
                                her true age;
                                    (III) reckless driving;
                                    (IV) driving without wearing a seat 
                                belt;
                                    (V) speeding; or
                                    (VI) any other driving-related 
                                offense, as determined by the 
                                Secretary.
    (b) Rulemaking.--
            (1) In general.--The Secretary of Transportation shall 
        promulgate regulations necessary to implement this section in 
        accordance with the notice and comment provisions under section 
        553 of title 5, United States.
            (2) Exception.--A State that otherwise meets the minimum 
        requirements set forth in subsection (a) shall be deemed by the 
        Secretary to be in compliance with this section regardless of 
        whether a State law, which was enacted by the State before 
        January 1, 2011, establishes a class of license that permits 
        licensees younger than 18 years of age to drive a motor vehicle 
        in connection with work performed on or for the operation of a 
        farm owned by family members who are directly related to the 
        licensees.

SEC. 4. INCENTIVE GRANTS.

    (a) In General.--For each of the first 3 fiscal years beginning 
after the date of enactment of this Act, the Secretary of 
Transportation shall award a grant to any State that submits an 
application under subsection (b) if that State is in compliance with 
section 3(a) on or before the first day of that fiscal year.
    (b) Application.--
            (1) In general.--Any State desiring a grant under this 
        section shall submit an application to the Secretary of 
        Transportation at such time, in such manner, and containing 
        such information as the Secretary may require, including a 
        certification by the Governor of the State that the State is in 
        compliance with section 3(a).
            (2) Review.--The Secretary shall review each State 
        application and determine whether or not the State is in 
        compliance with section 3(a).
    (c) Grants.--Amounts appropriated to carry out this section for 
each fiscal year shall be apportioned to each State that is in 
compliance with section 3(a) in an amount determined by multiplying--
            (1) the amount appropriated to carry out this section for 
        such fiscal year; by
            (2) the ratio that the amount of funds apportioned to each 
        such State for such fiscal year under section 402 of title 23, 
        United States Code, bears to the total amount of funds 
        apportioned to all such States for such fiscal year under such 
        section.
    (d) Use of Funds.--Amounts received by a State from a grant awarded 
under this section may be used for--
            (1) enforcing a 2-stage licensing process that complies 
        with section 3(a)(2);
            (2) training for law enforcement personnel and other 
        relevant State agency personnel relating to the enforcement 
        described in paragraph (1);
            (3) publishing relevant educational materials that pertain 
        directly or indirectly to the State graduated driver licensing 
        law; and
            (4) carrying out other administrative activities that the 
        Secretary considers relevant to the State's 2-stage licensing 
        process.
    (e) Authorization of Appropriations.--There is authorized to be 
appropriated $25,000,000, out of the Highway Trust Fund (other than the 
Mass Transit Account), to carry out this section during each fiscal 
year described in subsection (a).

SEC. 5. WITHHOLDING OF FUNDS FOR NONCOMPLIANCE.

    (a) In General.--
            (1) Fourth fiscal year.--On the first day of the fourth 
        fiscal year beginning after the date of the enactment of this 
        Act, the Secretary shall withhold 3 percent of the amount 
        otherwise required to be apportioned to any State for such 
        fiscal year under each of the paragraphs (1), (3), and (4) of 
        section 104(b) of title 23, United States Code, if the State is 
        not in compliance with section 3(a) on the first day of such 
        fiscal year.
            (2) Fifth fiscal year.--On the first day of the fifth 
        fiscal year beginning after the date of the enactment of this 
        Act, the Secretary shall withhold 5 percent of the amount 
        otherwise required to be apportioned to any State for such 
        fiscal year under each of the paragraphs (1), (3), and (4) of 
        section 104(b) of title 23, United States Code, if that State 
        is not in compliance with section 3(a) on the first day of such 
        fiscal year.
            (3) Sixth and subsequent fiscal years.--On the first day of 
        each fiscal year after the fifth fiscal year beginning after 
        the date of the enactment of this Act, the Secretary shall 
        withhold 10 percent of the amount otherwise required to be 
        apportioned to any State for such fiscal year under each of the 
        paragraphs (1), (3), and (4) of section 104(b) of title 23, 
        United States Code, if that State is not in compliance with 
        section 3(a) on the first day of such fiscal year.
    (b) Period of Availability of Withheld Funds.--
            (1) Funds withheld before the end of the sixth fiscal 
        year.--Any amount withheld from any State under subsection (a) 
        on or before the last day of the sixth fiscal year beginning 
        after the date of the enactment of this Act, shall remain 
        available for distribution to the State under subsection (c) 
        until the end of the third fiscal year following the fiscal 
        year for which such amount is appropriated.
            (2) Funds withheld after the sixth fiscal year.--Any amount 
        withheld under subsection (a)(2) from any State after the end 
        of the sixth fiscal year beginning after the date of the 
        enactment of this Act, may not be distributed to the State.
    (c) Apportionment of Withheld Funds After Compliance.--
            (1) In general.--If, before the last day of the period for 
        which funds withheld under subsection (a) remain available to a 
        State under subsection (b), the State comes into compliance 
        with section 3(a), the Secretary of Transportation shall, on 
        the first day on which the Secretary determines the State has 
        come into compliance, distribute to the State any amounts 
        withheld under subsection (a) that remains available for 
        apportionment to the State.
            (2) Period of availability of subsequently apportioned 
        funds.--Any amount distributed under paragraph (1) shall remain 
        available for expenditure by the State until the end of the 
        third fiscal year following the year for which the funds are so 
        apportioned. Any amount not expended by the State by the end of 
        such period shall revert back to the Treasury of the United 
        States.
            (3) Effect of noncompliance.--If a State is not in 
        compliance with section 3(a) at the end of the period for which 
        any amount withheld under subsection (a) remains available for 
        distribution to the State under subsection (b), such amount 
        shall revert back to the Treasury of the United States.
Safe Teen and Novice Driver Uniform Protection Act of 2011 or STANDUP Act - Authorizes the Secretary of Transportation to award incentive grants to states with graduated driver licensing laws that require novice drivers younger than age 21 to comply with a two-stage licensing process before receiving an unrestricted driver's license.

Requires such laws, at a minimum, to include: (1) a learner's permit stage that commences at age 16 or older, lasts at least six months, prohibits driver use of a cellular phone or other communications device in nonemergency situations, and remains in effect until commencement of the intermediate stage or the driver attains age 18; (2) an intermediate stage in effect until the driver attains age 18 that commences immediately after expiration of the learner's permit stage, lasts at least six months, prohibits driver use of a cellular phone or other communications device in nonemergency situations, prohibits nighttime driving, prohibits more than one non-familial passenger under age 21 unless there is a licensed driver at least age 21 present in the vehicle; and (3) any other requirement that the Secretary may require.

Deems a state that meets such minimum requirements to be in compliance regardless of whether a state law, enacted before January 1, 2011, establishes a class of license that permits licensees younger than age 18 to drive a motor vehicle in connection with work performed on or for the operation of a farm owned by family members of the licensees.

Directs the Secretary to withhold a certain percentage of federal-aid highway funds from states that do not comply with the requirements of this Act.

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Safe Drinking Water Act Improved 
Compliance Awareness Act''.

SEC. 2. ENFORCEMENT OF DRINKING WATER REGULATIONS.

    Section 1414(c) of the Safe Drinking Water Act (42 U.S.C. 300g-
3(c)) is amended--
            (1) in the header, by inserting ``States, the 
        Administrator, and'' before ``Persons Served'';
            (2) in paragraph (1)--
                    (A) in subparagraph (C), by striking ``paragraph 
                (2)(E)'' and inserting ``paragraph (2)(F)''; and
                    (B) by adding at the end the following:
                    ``(D) Notice of any exceedance at the 90th 
                percentile of a lead action level in a regulation 
                promulgated under section 1412.'';
            (3) in paragraph (2)--
                    (A) in subparagraph (B), by striking ``subparagraph 
                (D)'' and inserting ``subparagraph (E)'';
                    (B) in subparagraph (C)--
                            (i) in the header, by striking 
                        ``Violations'' and inserting ``Notice of 
                        violations'';
                            (ii) in the matter preceding clause (i)--
                                    (I) by inserting ``, and each 
                                exceedance described in paragraph 
                                (1)(D),'' after ``for each violation''; 
                                and
                                    (II) by inserting ``or exceedance'' 
                                after ``Each notice of violation'';
                            (iii) by inserting ``or exceedance'' after 
                        ``the violation'' each place it appears; and
                            (iv) in clause (iv)--
                                    (I) in subclause (I), by striking 
                                ``broadcast media'' and inserting 
                                ``media, including broadcast media,'';
                                    (II) in subclause (II)--
                                            (aa) by striking ``in a 
                                        newspaper of general 
                                        circulation serving the area'' 
                                        and inserting ``for circulation 
                                        in the affected area, including 
                                        in a newspaper of general 
                                        circulation serving the 
                                        area,''; and
                                            (bb) by striking ``or the 
                                        date of publication of the next 
                                        issue of the newspaper''; and
                                    (III) in subclause (III), by 
                                striking ``in lieu of notification by 
                                means of broadcast media or 
                                newspaper'';
                    (C) by redesignating subparagraphs (D) and (E) as 
                subparagraphs (E) and (F), respectively; and
                    (D) by inserting after subparagraph (C) the 
                following:
                    ``(D) Notice by administrator.--If, after 24 hours 
                after the Administrator's notification under subsection 
                (a)(1)(A), the State with primary enforcement 
                responsibility or the owner or operator of the public 
                water system has not issued a notice that is required 
                under subparagraph (C) for an exceedance described in 
                paragraph (1)(D), the Administrator shall issue such 
                required notice pursuant to this paragraph.'';
            (4) in paragraph (3)(B)--
                    (A) by striking ``subparagraph (A) and'' and 
                inserting ``subparagraph (A),''; and
                    (B) by striking ``subparagraph (C) or (D) of 
                paragraph (2)'' and inserting ``subparagraph (C) or (E) 
                of paragraph (2), and notices issued by the 
                Administrator with respect to public water systems 
                serving Indian Tribes under subparagraph (D) of such 
                paragraph'';
            (5) in paragraph (4)(B)--
                    (A) in clause (ii), by striking ``the terms'' and 
                inserting ``the terms `action level',''; and
                    (B) in clause (iii), by striking ``and (IV)'' and 
                inserting ``(IV) the action level for the contaminant, 
                and (V)''; and
            (6) by adding at the end the following:
            ``(5) Exceedance of safe lead level.--
                    ``(A) Strategic plan.--Not later than 120 days 
                after the date of enactment of this paragraph, the 
                Administrator shall, in collaboration with owners and 
                operators of public water systems and States, establish 
                a strategic plan for how the Administrator, a State 
                with primary enforcement responsibility, and owners and 
                operators of public water systems shall conduct 
                targeted outreach, education, technical assistance, and 
                risk communication to populations affected by lead in a 
                public water system, including dissemination of 
                information described in subparagraph (C).
                    ``(B) EPA initiation of notice.--
                            ``(i) Forwarding of data by employee of 
                        epa.--If the Environmental Protection Agency 
                        develops or receives, from a source other than 
                        the State or the public water system, data, 
                        which meets the requirements of section 
                        1412(b)(3)(A)(ii), indicating that the drinking 
                        water of a person served by a public water 
                        system contains a level of lead that exceeds a 
                        lead action level promulgated under section 
                        1412, the Administrator shall require an 
                        appropriate employee of the Agency to forward 
                        such data to the owner or operator of the 
                        public water system and to the State in which 
                        the exceedance occurred within a time period 
                        established by the Administrator.
                            ``(ii) Dissemination of information by 
                        owner or operator.--If an owner or operator of 
                        a public water system receives a notice under 
                        clause (i), the owner or operator, within a 
                        time period established by the Administrator, 
                        shall disseminate to affected persons the 
                        information described in subparagraph (C).
                            ``(iii) Consultation.--
                                    ``(I) Deadline.--With respect to an 
                                exceedance at the 90th percentile of a 
                                lead action level in a regulation 
                                promulgated under section 1412, if the 
                                owner or operator of the public water 
                                system does not disseminate, in the 
                                time period established by the 
                                Administrator, the information 
                                described in subparagraph (C), as 
                                required under clause (ii), not later 
                                than 24 hours after becoming aware of 
                                such failure to disseminate, the 
                                Administrator shall consult, within a 
                                period not to exceed 24 hours, with the 
                                applicable Governor to develop a plan, 
                                in accordance with the strategic plan, 
                                to disseminate such information to 
                                affected persons within 24 hours of the 
                                end of such consultation period.
                                    ``(II) Delegation.--The 
                                Administrator may only delegate the 
                                duty to consult under this clause to an 
                                employee of the Environmental 
                                Protection Agency who is working in the 
                                Office of Water, at the headquarters of 
                                the Agency, at the time of such 
                                delegation.
                            ``(iv) Dissemination by administrator.--The 
                        Administrator shall, as soon as reasonably 
                        possible, disseminate to affected persons the 
                        information described subparagraph (C) if--
                                    ``(I) the Administrator and the 
                                applicable Governor do not agree on a 
                                plan described in clause (iii)(I) 
                                during the consultation period under 
                                such clause; or
                                    ``(II) the applicable Governor does 
                                not disseminate the information within 
                                24 hours of the end of such 
                                consultation period.
                    ``(C) Information required.--Information required 
                to be disseminated under this paragraph shall include a 
                clear explanation of the exceedance of a lead action 
                level, its potential adverse effects on human health, 
                the steps that the owner or operator of the public 
                water system is taking to correct the exceedance, and 
                the necessity of seeking alternative water supplies 
                until the exceedance is corrected.
            ``(6) Privacy.--Any notice under this subsection to the 
        public or an affected person shall protect the privacy of 
        individual customer information.''.

SEC. 3. PROHIBITION ON USE OF LEAD PIPES, SOLDER, AND FLUX.

    Section 1417 of the Safe Drinking Water Act (42 U.S.C. 300g-6) is 
amended--
            (1) by amending subsection (a)(2)(A) to read as follows:
                    ``(A) In general.--
                            ``(i) Identification and notice.--Each 
                        owner or operator of a public water system 
                        shall identify and provide notice to persons 
                        who may be affected by--
                                    ``(I) lead contamination of their 
                                drinking water where such contamination 
                                results from--
                                            ``(aa) the lead content in 
                                        the construction materials of 
                                        the public water distribution 
                                        system; or
                                            ``(bb) corrosivity of the 
                                        water supply sufficient to 
                                        cause leaching of lead; or
                                    ``(II) an exceedance at the 90th 
                                percentile of a lead action level in a 
                                regulation promulgated under section 
                                1412.
                            ``(ii) Manner and form.--Notice under this 
                        paragraph shall be provided in such manner and 
                        form as may be reasonably required by the 
                        Administrator. Notwithstanding clause (i)(II), 
                        notice under this paragraph shall be provided 
                        notwithstanding the absence of a violation of 
                        any national drinking water standard.'';
            (2) in subsection (b)(2)--
                    (A) by striking ``The requirements'' and inserting 
                the following:
                    ``(A) In general.--The requirements''; and
                    (B) by adding at the end the following: 
                ``Enforcement of such requirements shall be carried out 
                by a State with primary enforcement responsibility or 
                the Administrator, as appropriate.
                    ``(B) Notification by administrator.--In the case 
                of an exceedance described in subsection 
                (a)(2)(A)(i)(II), if the public water system or the 
                State in which the public water system is located does 
                not notify the persons who may be affected by such 
                exceedance in accordance with subsection (a)(2), the 
                Administrator shall notify such persons of such 
                exceedance in accordance with subsection (a)(2), 
                including notification of the relevant concentrations 
                of lead. Such notice shall protect the privacy of 
                individual customer information.''; and
            (3) by adding at the end the following:
    ``(f) Public Education.--
            ``(1) In general.--The Administrator shall make information 
        available to the public regarding lead in drinking water, 
        including information regarding--
                    ``(A) risks associated with lead in drinking water;
                    ``(B) the likelihood that drinking water in a 
                residence may contain lead;
                    ``(C) steps States, public water systems, and 
                consumers can take to reduce the risks of lead; and
                    ``(D) the availability of additional resources that 
                consumers can use to minimize lead exposure, including 
                information on how to sample for lead in drinking 
                water.
            ``(2) Vulnerable populations.--In making information 
        available to the public under this subsection, the 
        Administrator shall carry out targeted outreach strategies that 
        focus on educating groups within the general population that 
        may be at greater risk than the general population of adverse 
        health effects from exposure to lead in drinking water.''.

            Passed the House of Representatives February 10, 2016.

            Attest:

                                                 KAREN L. HAAS,

                                                                 Clerk.

Safe Drinking Water Act Improved Compliance Awareness Act (Sec. 2) This bill amends the Safe Drinking Water Act to require public water systems to notify their customers when a lead action level under national drinking water regulations is exceeded in more than 10% of customer taps sampled. (An action level is a level of contaminates which triggers a requirement for the public water system to take additional actions to control corrosion.) The Environmental Protection Agency (EPA) must notify customers if the state or the public water system fails to notify the public within 24 hours of receiving notice from the EPA. Community water systems' consumer confidence reports must include: (1) a definition of &quot;action level,&quot; and (2) the action level for contaminants detected in water provided by the public water system. The EPA must establish a strategic plan for conducting targeted outreach, education, technical assistance, and risk communication to populations affected by lead in the public water system.  EPA employees must forward to the public water system and to the state information indicating that drinking water contains lead that exceeds a lead action level. The public water system must then disseminate this information to its customers along with its potential adverse effects on human health, corrective steps underway, and advice on whether customers should seek alternative water supplies. If the public water system or the state fails to disseminate the information, the EPA must disseminate it as soon as reasonably possible. (Sec. 3) The EPA must: (1) make information about lead in drinking water available to the public, and (2) carry out targeted outreach strategies that focus on educating groups that are at greater risk than the general population for adverse health effects from exposure to lead in drinking water.