HR-9313-119
Referred to the House Committee on Appropriations.
Sponsored by Debbie Dingell (D-MI)
What it does
This bill would appropriate $500 million to the Low-Income Household Water Assistance Program (LIHWAP) for fiscal year 2027. LIHWAP, established under the American Rescue Plan Act of 2021, provides grants to states and tribes, which then distribute funds to help low-income households pay their drinking water and wastewater service bills. The bill would direct the Secretary of Health and Human Services to administer these funds.
Who benefits
Low-income households struggling to pay water and wastewater bills, particularly those at risk of service shutoffs. Renters in low-income housing where water costs are passed through to tenants. Elderly and disabled individuals on fixed incomes. Tribal communities that have historically faced water access challenges. State and tribal governments that administer LIHWAP grants and would receive funding to run their programs. Community water systems and wastewater utilities that would recover unpaid balances through assistance payments.
Who is hurt
Taxpayers who bear the cost of the $500 million appropriation. Competing federal programs that may face reduced funding in a constrained budget environment. Households just above the income eligibility threshold who do not qualify for assistance but face similar affordability pressures. Municipalities and utilities in states with slower or less efficient LIHWAP administration, who may see delayed benefit delivery.
Supporters argue
Supporters argue that water affordability is a growing crisis — a 2020 study by the Pacific Institute found that water bills have risen faster than inflation for decades, and that roughly 2 million Americans lack access to safe running water or indoor plumbing. They contend that LIHWAP fills a critical gap left by the Low-Income Home Energy Assistance Program (LIHEAP), which covers energy but not water costs, and that preventing shutoffs is far less costly to public health systems than treating waterborne illness or homelessness resulting from uninhabitable conditions.
Opponents argue
Opponents argue that LIHWAP was created as a temporary emergency measure under the American Rescue Plan and that recurring appropriations risk converting a one-time pandemic response into a permanent entitlement without a full congressional debate on program design, eligibility standards, or long-term cost. They contend that water affordability is primarily a local infrastructure and rate-setting issue, and that federal subsidies may reduce pressure on municipalities to pursue structural fixes — such as rate restructuring or infrastructure upgrades — that would address root causes more durably.
Constitutional context
This bill is a straightforward exercise of Congress's Article I spending power and raises no significant constitutional issues. The appropriation funds an existing program already established by statute (15 U.S.C. 9058b), so no new agency authority is being created that would trigger major questions doctrine concerns under West Virginia v. EPA (2022) or heightened judicial scrutiny under Loper Bright v. Raimondo (2024).
Checks and balances
Congress holds the power of the purse and sets the appropriation amount; the Executive Branch (HHS Secretary) gains administrative authority to distribute funds to states and tribes, subject to existing LIHWAP statutory requirements and standard appropriations oversight by Congress.
Historical precedent
LIHWAP was originally funded with $500 million under the Consolidated Appropriations Act of 2021 and an additional $500 million under the American Rescue Plan Act of 2021; this bill would replicate that funding level for FY2027.