[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 2884 Introduced in Senate (IS)]

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114th CONGRESS
  2d Session
                                S. 2884

    To address the liability of the Environmental Protection Agency 
 relating to the lead contamination of the water supply of the City of 
                            Flint, Michigan.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 28, 2016

  Mr. Cotton introduced the following bill; which was read twice and 
               referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
    To address the liability of the Environmental Protection Agency 
 relating to the lead contamination of the water supply of the City of 
                            Flint, Michigan.

    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 ``EPA Accountability in Flint Act''.

SEC. 2. FLINT WATER SUPPLY LEAD CONTAMINATION LIABILITY.

    (a) Definitions.--In this section--
            (1) the term ``Administrator'' means the Administrator of 
        the Agency;
            (2) the term ``Agency'' means the Environmental Protection 
        Agency; and
            (3) the term ``Flint water supply lead contamination'' 
        means the lead contamination of the drinking water of the City 
        of Flint, Michigan, during the period beginning on April 1, 
        2014, and ending on the date on which the Administrator 
        determines that the drinking water of the City complies with 
        Federal drinking water standards.
    (b) Limitation.--The exception under section 2680(a) of title 28, 
United States Code, shall not apply to any claim brought against the 
Government or any agent thereof relating to any act or omission of, or 
exercise or performance of, or failure to exercise or perform, a 
discretionary function or duty by, the Agency or any agent thereof 
relating to the Flint water supply lead contamination.
    (c) Period of Limitations.--A civil action relating to the conduct 
of the Agency or any agent thereof in relation to the Flint water 
supply lead contamination may not be commenced later than 10 years 
after the cause of action accrues.
    (d) Award and Settlement.--Notwithstanding section 2672 of title 
28, United States Code, any award against the Government or compromise 
settlement by the Government relating to the conduct of the Agency or 
any agent thereof in relation to the Flint water supply lead 
contamination shall be paid by the Administrator out of unobligated 
balances in the appropriations account appropriated under the heading 
``Environmental Programs And Management'' that are made available for 
personnel and related costs and travel expenses, without regard to the 
amount of the award.
    (e) Contamination Response Program.--The Administrator shall work 
with any State or local government affected by the Flint water supply 
lead contamination to develop, fund, and implement a long-term 
monitoring program of the water quality of the drinking water of the 
City of Flint, Michigan, in response to the Flint water supply lead 
contamination.
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