IIB 

111TH CONGRESS 

2D SESSION H. R. 5320 

IN THE SENATE OF THE UNITED STATES 

AUGUST 2, 2010 

Received 

AUGUST 5, 2010 

Read twice and referred to the Committee on Environment and Public Works 

AN ACT 

To amend the Safe Drinking Water Act to increase assistance for States, water systems, and disadvantaged communities; to encourage good financial and environmental 

management of water systems; to strengthen the Environmental Protection Agency’s ability to enforce the requirements of the Act; to reduce lead in drinking water; 

to strengthen the endocrine disruptor screening program; 

and for other purposes. 


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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; TABLE OF CONTENTS; REF4 ERENCES. 

5 (a) SHORT TITLE.—This Act may be cited as the 

6 ‘‘Assistance, Quality, and Affordability Act of 2010’’. 

7 (b) TABLE OF CONTENTS.—The table of contents of 

8 this Act is as follows: 

Sec. 1. Short title; table of contents; references. 

Sec. 2. Technical assistance for small public water systems. 

Sec. 3. Prevailing wages. 

Sec. 4. Use of funds. 

Sec. 5. Requirements for use of American materials. 

Sec. 6. Data on variances, exemptions, and persistent violations. 

Sec. 7. Assistance for restructuring. 

Sec. 8. Priority and weight of applications. 

Sec. 9. Disadvantaged communities. 

Sec. 10. Administration of State loan funds. 

Sec. 11. State revolving loan funds for American Samoa, Northern Mariana Islands, Guam, and the Virgin Islands. 

Sec. 12. Authorization of appropriations. 

Sec. 13. Negotiation of contracts. 

Sec. 14. Affordability of new standards. 

Sec. 15. Focus on lifecycle costs. 

Sec. 16. Enforcement. 

Sec. 17. Reducing lead in drinking water. 

Sec. 18. Endocrine disruptor screening program. 

Sec. 19. Presence of pharmaceuticals and personal care products in sources of 

drinking water. 

Sec. 20. Electronic reporting of compliance monitoring data to the Administrator. 

Sec. 21. Budgetary effects. 

9 (c) REFERENCES.—Except as otherwise specified, 

10 whenever in this Act an amendment is expressed in terms 

11 of an amendment to a section or other provision, the ref12 erence shall be considered to be made to a section or other 

13 provision of the Safe Drinking Water Act (42 U.S.C. 300f 

14 et seq.). 


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1 SEC. 2. TECHNICAL ASSISTANCE FOR SMALL PUBLIC 

2 WATER SYSTEMS. 

3 Subsection (e) of section 1442 (42 U.S.C. 300j–1(e)) 

4 is amended to read as follows: 

5 ‘‘(e) TECHNICAL ASSISTANCE.— 

6 ‘‘(1) IN GENERAL.—The Administrator, directly 

7 or through grants or cooperative agreements with 

8 nonprofit organizations, may provide technical as9 sistance to small public water systems to enable such 

10 systems to achieve and maintain compliance with ap11 plicable national primary drinking water regulations. 

12 ‘‘(2) TYPES OF ASSISTANCE.—Technical assist13 ance under paragraph (1) may include onsite tech14 nical assistance and compliance assistance; circuit15 rider and multi-State regional technical assistance 

16 programs; training; assistance with implementing 

17 source water protection programs; assistance with 

18 increasing water or energy efficiency; assistance with 

19 designing, installing, or operating sustainable energy 

20 infrastructure to produce or capture sustainable en21 ergy on site or through water transport; assistance 

22 with developing technical, financial, and managerial 

23 capacity; assistance with long-term infrastructure 

24 planning; assistance with applying for funds from a 

25 State loan fund under section 1452; and assistance 


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1 with implementation of monitoring plans, rules, reg2 ulations, and water security enhancements. 

3 ‘‘(3) PRIORITY.—In providing assistance under 

4 this subsection, the Administrator shall give priority 

5 to assistance that will promote compliance with na6 tional primary drinking water standards, public 

7 health protection, and long-term sustainability of 

8 small public water systems. In awarding grants and 

9 cooperative assistance under paragraph (1) to non10 profit organizations, the Administrator shall (subject 

11 to the preceding sentence) give greater weight to 

12 nonprofit organizations that, as determined by the 

13 Administrator, are most qualified and most effective 

14 and that, as determined by the Administrator using 

15 information where available, are providing the types 

16 of technical assistance that are preferred by small 

17 public water systems. 

18 ‘‘(4) COMPETITIVE PROCEDURES.—It is the 

19 presumption of Congress that any award of assist20 ance under this subsection will be awarded using 

21 competitive procedures based on merit. If assistance 

22 is awarded under this subsection using procedures 

23 other than competitive procedures, the Adminis24 trator shall submit to the Congress, within 90 days 


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1 of the award decision, a report explaining why com2 petitive procedures were not used. 

3 ‘‘(5) FUNDING.— 

4 ‘‘(A) AUTHORIZATION OF APPROPRIA5 TIONS.—There is authorized to be appropriated 

6 to carry out this subsection $20,000,000 for 

7 each of fiscal years 2011 through 2015. 

8 ‘‘(B) PROHIBITION ON EARMARKS.—No 

9 funds made available under this subsection may 

10 be used to carry out a provision or report lan11 guage included primarily at the request of a 

12 Member, Delegate, Resident Commissioner, or 

13 Senator providing, authorizing, or recom14 mending a specific amount of discretionary 

15 budget authority, credit authority, or other 

16 spending authority for a contract, loan, loan 

17 guarantee, grant, loan authority, or other ex18 penditure with or to an entity, or targeted to a 

19 specific State, locality, or congressional district, 

20 other than through a statutory or administra21 tive formula-driven or competitive award proc22 ess. 

23 ‘‘(C) LOBBYING EXPENSES.—No portion of 

24 any State loan fund established under section 

25 1452 and no portion of any funds made availVerDate Mar 15 2010 08:50 Aug 06, 2010 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H5320.RFS H5320

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1 able under this subsection may be used for lob2 bying expenses. 

3 ‘‘(D) INDIAN TRIBES.—Of the total 

4 amount made available under this section for 

5 each fiscal year, 3 percent shall be used for 

6 technical assistance to public water systems 

7 owned or operated by Indian Tribes.’’. 

8 SEC. 3. PREVAILING WAGES. 

9 Subsection (e) of section 1450 (42 U.S.C. 300j–9) 

10 is amended to read as follows: 

11 ‘‘(e) LABOR STANDARDS.— 

12 ‘‘(1) IN GENERAL.—The Administrator shall 

13 take such action as the Administrator determines to 

14 be necessary to ensure that each laborer and me15 chanic employed by a contractor or subcontractor in 

16 connection with a construction project financed, in 

17 whole or in part, by a grant, loan, loan guarantee, 

18 refinancing, or any other form of financial assistance 

19 provided under this title (including assistance pro20 vided by a State loan fund established under section 

21 1452) is paid wages at a rate of not less than the 

22 wages prevailing for the same type of work on simi23 lar construction in the immediate locality, as deter24 mined by the Secretary of Labor in accordance with 


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1 subchapter IV of chapter 31 of title 40, United 

2 States Code. 

3 ‘‘(2) AUTHORITY OF SECRETARY OF LABOR.— 

4 With respect to the labor standards specified in this 

5 subsection, the Secretary of Labor shall have the au6 thority and functions established in Reorganization 

7 Plan Numbered 14 of 1950 (5 U.S.C. App.) and sec8 tion 3145 of title 40, United States Code.’’. 

9 SEC. 4. USE OF FUNDS. 

10 Section 1452(a)(2) (42 U.S.C. 300j–12(a)(2)) is 

11 amended— 

12 (1) by striking ‘‘Except as otherwise’’ and in13 serting the following: 

14 ‘‘(A) IN GENERAL.—Except as otherwise’’; 

15 (2) by striking ‘‘, or as a source of reserve and 

16 security for leveraged loans, the proceeds of which 

17 are deposited in a State loan fund established under 

18 paragraph (1),’’; 

19 (3) by striking ‘‘Financial assistance under this 

20 section’’ and inserting the following: 

21 ‘‘(B) PERMISSIBLE EXPENDITURES.—Fi22 nancial assistance under this section’’; 

23 (4) by striking ‘‘The funds may also be used’’ 

24 and inserting the following: 


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1 ‘‘(D) CERTAIN LOANS.—Financial assist2 ance under this section may also be used’’; 

3 (5) by striking ‘‘The funds shall not be used’’ 

4 and inserting the following: 

5 ‘‘(E) LIMITATION.—Financial assistance 

6 under this section shall not be used’’; 

7 (6) by striking ‘‘Of the amount credited’’ and 

8 inserting the following: 

9 ‘‘(F) SET-ASIDE.—Of the amount cred10 ited’’; 

11 (7) in subparagraph (B) (as designated by 

12 paragraph (3)) by striking ‘‘(not’’ and inserting 

13 ‘‘(including expenditures for planning, design, siting, 

14 and associated preconstruction activities, for replac15 ing or rehabilitating aging treatment, storage, or 

16 distribution facilities of public water systems, or for 

17 producing or capturing sustainable energy on site or 

18 through the transportation of water through the 

19 public water system, but not’’; and 

20 (8) by inserting after such subparagraph (B) 

21 the following: 

22 ‘‘(C) SALE OF BONDS.—If a State issues 

23 revenue or general obligation bonds to provide 

24 all or part of the State contribution required by 

25 subsection (e), and the proceeds of the sale of 


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1 such bonds will be deposited into the State loan 

2 fund— 

3 ‘‘(i) financial assistance made avail4 able under this section may be used by the 

5 State as security for payment of the prin6 cipal and interest on such bonds; and 

7 ‘‘(ii) interest earnings of the State 

8 loan fund may be used by the State as rev9 enue for payment of the principal and in10 terest on such bonds. 

11 Except as provided in this subparagraph, nei12 ther financial assistance made available under 

13 this section nor interest earnings of a State 

14 loan fund may be used by a State as security 

15 for or as revenue for the payment of the prin16 cipal or interest on any bond, including any tax 

17 exempt or tax credit bond issued by a State or 

18 any political subdivision thereof.’’. 

19 SEC. 5. REQUIREMENTS FOR USE OF AMERICAN MATE20 RIALS. 

21 Section 1452(a) (42 U.S.C. 300j–12(a)) is amended 

22 by adding at the end the following new paragraph: 

23 ‘‘(4) REQUIREMENTS FOR USE OF AMERICAN

24 MATERIALS.— 


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1 ‘‘(A) IN GENERAL.—Notwithstanding any 

2 other provision of law, none of the funds made 

3 available by a State loan fund as authorized 

4 under this section may be used for a project for 

5 the construction, alteration, maintenance, or re6 pair of a public water system unless the steel, 

7 iron, and manufactured goods used in such 

8 project are produced in the United States. 

9 ‘‘(B) EXCEPTIONS.—Subparagraph (A) 

10 shall not apply in any case in which the Admin11 istrator (in consultation with the Governor of 

12 the State) finds that— 

13 ‘‘(i) applying subparagraph (A) would 

14 be inconsistent with the public interest; 

15 ‘‘(ii) steel, iron, and manufactured 

16 goods are not produced in the United 

17 States in sufficient and reasonably avail18 able quantities and of a satisfactory qual19 ity; or 

20 ‘‘(iii) inclusion of steel, iron, and man21 ufactured goods produced in the United 

22 States will increase the cost of the overall 

23 project by more than 25 percent. 

24 ‘‘(C) PUBLIC NOTIFICATION AND WRITTEN

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1 trator determines that it is necessary to waive 

2 the application of subparagraph (A) based on a 

3 finding under subparagraph (B), the Adminis4 trator shall— 

5 ‘‘(i) not less than 15 days prior to 

6 waiving application of subparagraph (A), 

7 provide public notice and the opportunity 

8 to comment on the Administrator’s intent 

9 to issue such waiver; and 

10 ‘‘(ii) upon issuing such waiver, publish 

11 in the Federal Register a detailed written 

12 justification as to why the provision is 

13 being waived. 

14 ‘‘(D) CONSISTENCY WITH INTERNATIONAL

15 AGREEMENTS.—This paragraph shall be applied 

16 in a manner consistent with United States obli17 gations under international agreements.’’. 

18 SEC. 6. DATA ON VARIANCES, EXEMPTIONS, AND PER19 SISTENT VIOLATIONS. 

20 Section 1452(b)(2) (42 U.S.C. 300j–12(b)(2)) is 

21 amended— 

22 (1) in subparagraph (B), by striking ‘‘and’’ at 

23 the end; 

24 (2) in subparagraph (C), by striking the period 

25 at the end and inserting ‘‘; and’’; and 


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1 (3) by adding at the end the following: 

2 ‘‘(D) a list of all water systems within the 

3 State that have in effect an exemption or vari4 ance for any national primary drinking water 

5 regulation or that are in persistent violation of 

6 the requirements for any maximum contami7 nant level or treatment technique under a na8 tional primary drinking water regulation, in9 cluding identification of— 

10 ‘‘(i) the national primary drinking 

11 water regulation in question for each such 

12 exemption, variance, or violation; and 

13 ‘‘(ii) the date on which the exemption 

14 or variance came into effect or the viola15 tion began.’’. 

16 SEC. 7. ASSISTANCE FOR RESTRUCTURING. 

17 (a) DEFINITION.—Section 1401 (42 U.S.C. 300f) is 

18 amended by adding at the end the following: 

19 ‘‘(17) RESTRUCTURING.—The term ‘restruc20 turing’ means changes in operations (including own21 ership, management, cooperative partnerships, joint 

22 purchasing arrangements, consolidation, and alter23 native water supply).’’. 

24 (b) RESTRUCTURING.—Clause (ii) of section 

25 1452(a)(3)(B) (42 U.S.C. 300j–12(a)(3)(B)) is amended 


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1 by striking ‘‘changes in operations (including ownership, 

2 management, accounting, rates, maintenance, consolida3 tion, alternative water supply, or other procedures)’’ and 

4 inserting ‘‘restructuring’’. 

5 SEC. 8. PRIORITY AND WEIGHT OF APPLICATIONS. 

6 (a) PRIORITY.—Section 1452(b)(3) (42 U.S.C. 300j– 

7 12(b)(3)) is amended— 

8 (1) in subparagraph (A)— 

9 (A) in clause (ii), by striking ‘‘and’’ at the 

10 end; 

11 (B) in clause (iii), by striking the period at 

12 the end and inserting ‘‘; and’’; and 

13 (C) by adding at the end the following: 

14 ‘‘(iv) improve the ability of systems to 

15 protect human health and comply with the 

16 requirements of this title affordably in the 

17 future.’’; 

18 (2) by redesignating subparagraph (B) as sub19 paragraph (D); 

20 (3) by inserting after subparagraph (A) the fol21 lowing: 

22 ‘‘(B) AFFORDABILITY OF NEW STAND23 ARDS.—For any year in which enforcement be24 gins for a new national primary drinking water 

25 standard, each State that has entered into a 


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1 capitalization agreement pursuant to this sec2 tion shall evaluate whether capital improve3 ments required to meet the standard are afford4 able for disadvantaged communities in the 

5 State. If the State finds that such capital im6 provements do not meet affordability criteria 

7 for disadvantaged communities in the State, the 

8 State’s intended use plan shall provide that pri9 ority for the use of funds for such year be given 

10 to public water systems affected by the stand11 ard and serving disadvantaged communities. 

12 ‘‘(C) WEIGHT GIVEN TO APPLICATIONS.— 

13 After determining priority under subparagraphs 

14 (A) and (B), an intended use plan shall provide 

15 that the State will give greater weight to an ap16 plication for assistance if the application con17 tains— 

18 ‘‘(i) a description of measures under19 taken by the system to improve the man20 agement and financial stability of the sys21 tem, which may include— 

22 ‘‘(I) an inventory of assets, in23 cluding a description of the condition 

24 of the assets; 


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1 ‘‘(II) a schedule for replacement 

2 of assets; 

3 ‘‘(III) an audit of water losses; 

4 ‘‘(IV) a financing plan that fac5 tors in all lifecycle costs indicating 

6 sources of revenue from ratepayers, 

7 grants, bonds, other loans, and other 

8 sources to meet the costs; and 

9 ‘‘(V) a review of options for re10 structuring; 

11 ‘‘(ii) a demonstration of consistency 

12 with State, regional, and municipal water13 shed plans; 

14 ‘‘(iii) a water conservation plan con15 sistent with guidelines developed for such 

16 plans by the Administrator under section 

17 1455(a); and 

18 ‘‘(iv) a description of measures under19 taken by the system to improve the effi20 ciency of the system or reduce the system’s 

21 environmental impact, which may in22 clude— 

23 ‘‘(I) water efficiency or conserva24 tion, including the rehabilitation or re25 placement of existing leaking pipes; 


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1 ‘‘(II) use of reclaimed water; 

2 ‘‘(III) actions to increase energy 

3 efficiency; 

4 ‘‘(IV) actions to generate or cap5 ture sustainable energy on site or 

6 through the transportation of water 

7 through the system; 

8 ‘‘(V) actions to protect source 

9 water; 

10 ‘‘(VI) actions to mitigate or pre11 vent corrosion, including design, selec12 tion of materials, selection of coating, 

13 and cathodic protection; and 

14 ‘‘(VII) actions to reduce disinfec15 tion byproducts.’’; and 

16 (4) in subparagraph (D) (as redesignated by 

17 paragraph (2)) by striking ‘‘periodically’’ and insert18 ing ‘‘at least biennially’’. 

19 (b) GUIDANCE.—Section 1452 (42 U.S.C. 300j–12) 

20 is amended— 

21 (1) by redesignating subsection (r) as sub22 section (s); and 

23 (2) by inserting after subsection (q) the fol24 lowing: 


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1 ‘‘(r) SMALL SYSTEM GUIDANCE.—The Administrator 

2 may provide guidance and, as appropriate, tools, meth3 odologies, or computer software, to assist small systems 

4 in undertaking measures to improve the management, fi5 nancial stability, and efficiency of the system or reduce 

6 the system’s environmental impact.’’. 

7 SEC. 9. DISADVANTAGED COMMUNITIES. 

8 (a) ASSISTANCE TO INCREASE COMPLIANCE.—Sec9 tion 1452(b)(3) (42 U.S.C. 300j–12(b)(3)), as amended, 

10 is further amended by adding at the end the following: 

11 ‘‘(E) ASSISTANCE TO INCREASE COMPLI12 ANCE.—A State’s intended use plan shall pro13 vide that, of the funds received by the State 

14 through a capitalization grant under this sec15 tion for a fiscal year, the State will, to the ex16 tent that there are sufficient eligible project ap17 plications, reserve not less than 6 percent to be 

18 spent on assistance under subsection (d) to 

19 public water systems included in the State’s 

20 most recent list under paragraph (2)(D).’’. 

21 (b) ASSISTANCE FOR DISADVANTAGED COMMU22 NITIES.—Section 1452(d) (42 U.S.C. 300j–12(d)) is 

23 amended— 

24 (1) in paragraph (1), by adding at the end the 

25 following: ‘‘Such additional subsidization shall diVerDate Mar 15 2010 08:50 Aug 06, 2010 Jkt 089200 PO 00000 Frm 00017 Fmt 6652 Sfmt 6201 E:\BILLS\H5320.RFS H5320

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1 rectly and primarily benefit the disadvantaged com2 munity.’’; and 

3 (2) in paragraph (3), by inserting ‘‘, or portion 

4 of a service area,’’ after ‘‘service area’’. 

5 (c) AFFORDABILITY CRITERIA.—Section 1452(d)(3) 

6 is amended by adding at the end: ‘‘Each State that has 

7 entered into a capitalization agreement pursuant to this 

8 section shall, in establishing affordability criteria, con9 sider, solicit public comment on, and include as appro10 priate— 

11 ‘‘(A) the methods or criteria that the State 

12 will use to identify disadvantaged communities; 

13 ‘‘(B) a description of the institutional, reg14 ulatory, financial, tax, or legal factors at the 

15 Federal, State, or local level that affect identi16 fied affordability criteria; and 

17 ‘‘(C) a description of how the State will 

18 use the authorities and resources under this 

19 subsection to assist communities meeting the 

20 identified criteria.’’. 

21 SEC. 10. ADMINISTRATION OF STATE LOAN FUNDS. 

22 Section 1452(g) (42 U.S.C. 300j–12(g)) is amend23 ed— 

24 (1) in paragraph (2)— 


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1 (A) in the first sentence, by striking ‘‘up 

2 to 4 percent of the funds allotted to the State 

3 under this section’’ and inserting ‘‘, for each 

4 fiscal year, an amount that does not exceed the 

5 sum of the amount of any fees collected by the 

6 State for use in covering reasonable costs of ad7 ministration of programs under this section, re8 gardless of the source, and an amount equal to 

the greatest of $400,000, 1 9 ⁄5 of one percent of 

10 the current valuation of the State loan fund, or 

11 6 percent of all grant awards to the State loan 

12 fund under this section for the fiscal year,’’; 

13 (B) by striking ‘‘1419,’’ and all that fol14 lows through ‘‘1993.’’ and inserting ‘‘1419.’’; 

15 and 

16 (C) in the matter following subparagraph 

17 (D), by striking ‘‘2 percent’’ and inserting ‘‘4 

18 percent’’; and 

19 (2) by adding at the end the following: 

20 ‘‘(5) TRANSFER OF FUNDS.— 

21 ‘‘(A) IN GENERAL.—The Governor of a 

22 State may— 

23 ‘‘(i) reserve for any fiscal year not 

24 more than the lesser of— 


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1 ‘‘(I) 33 percent of a capitaliza2 tion grant made under this section; or 

3 ‘‘(II) 33 percent of a capitaliza4 tion grant made under section 601 of 

5 the Federal Water Pollution Control 

6 Act; and 

7 ‘‘(ii) add the funds so reserved to any 

8 funds provided to the State under this sec9 tion or section 601 of the Federal Water 

10 Pollution Control Act. 

11 ‘‘(B) STATE MATCHING FUNDS.—Funds 

12 reserved under this paragraph shall not be con13 sidered for purposes of calculating the amount 

14 of a State contribution required by subsection 

15 (e) of this section or section 602(b) of the Fed16 eral Water Pollution Control Act.’’. 

17 SEC. 11. STATE REVOLVING LOAN FUNDS FOR AMERICAN 

18 SAMOA, NORTHERN MARIANA ISLANDS, 

19 GUAM, AND THE VIRGIN ISLANDS. 

20 Section 1452(j) (42 U.S.C. 300j–12(j)) is amended 

21 by striking ‘‘0.33 percent’’ and inserting ‘‘1 percent’’. 

22 SEC. 12. AUTHORIZATION OF APPROPRIATIONS. 

23 Subsection (m) of section 1452 (42 U.S.C. 300j–12) 

24 is amended to read as follows: 

25 ‘‘(m) AUTHORIZATION OF APPROPRIATIONS.— 


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1 ‘‘(1) IN GENERAL.—There are authorized to be 

2 appropriated to carry out this section— 

3 ‘‘(A) $1,400,000,000 for fiscal year 2011; 

4 ‘‘(B) $1,600,000,000 for fiscal year 2012; 

5 and 

6 ‘‘(C) $1,800,000,000 for fiscal year 2013. 

7 ‘‘(2) AVAILABILITY.—Amounts made available 

8 pursuant to this subsection shall remain available 

9 until expended. 

10 ‘‘(3) RESERVATION FOR NEEDS SURVEYS.—Of 

11 the amount made available under paragraph (1) to 

12 carry out this section for a fiscal year, the Adminis13 trator may reserve not more than $1,000,000 per 

14 year to pay the costs of conducting needs surveys 

15 under subsection (h).’’. 

16 SEC. 13. NEGOTIATION OF CONTRACTS. 

17 Section 1452 (42 U.S.C. 300j–12), as amended, is 

18 further amended by adding at the end the following: 

19 ‘‘(t) NEGOTIATION OF CONTRACTS.—For community 

20 water systems serving communities with populations of 

21 more than 10,000 individuals, a contract to be carried out 

22 using funds made available through a capitalization grant 

23 under this section for program management, construction 

24 management, feasibility studies, preliminary engineering, 

25 design, engineering, surveying, mapping, or architectural 


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1 or related services shall be negotiated in the same manner 

2 as— 

3 ‘‘(1) a contract for architectural and engineer4 ing services is negotiated under chapter 11 of title 

5 40, United States Code; or 

6 ‘‘(2) a contract subject to an equivalent State 

7 or local qualifications-based requirement (as deter8 mined by the Governor of the State).’’. 

9 SEC. 14. AFFORDABILITY OF NEW STANDARDS. 

10 (a) TREATMENT TECHNOLOGIES FOR SMALL PUBLIC

11 WATER SYSTEMS.—Clause (ii) of section 1412(b)(4)(E) 

12 (42 U.S.C. 300g–1(b)(4)(E)) is amended by adding at the 

13 end the following: ‘‘If no technology, treatment technique, 

14 or other means is included in a list under this subpara15 graph for a category of small public water systems, the 

16 Administrator shall periodically review the list and supple17 ment it when new technology becomes available.’’. 

18 (b) ASSISTANCE FOR DISADVANTAGED COMMU19 NITIES.— 

20 (1) IN GENERAL.—Subparagraph (E) of section 

21 1452(a)(1) (42 U.S.C. 300j–12(a)(1)) is amended— 

22 (A) by striking ‘‘except that the Adminis23 trator may reserve’’ and inserting ‘‘except 

24 that— 


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1 ‘‘(i) in any year in which enforcement 

2 of a new national primary drinking water 

3 standard begins, the Administrator may 

4 use the remaining amount to make grants 

5 to States whose public water systems are 

6 disproportionately affected by the new 

7 standard for the provision of assistance 

8 under subsection (d) to such public water 

9 systems; 

10 ‘‘(ii) the Administrator may reserve’’; 

11 and 

12 (B) by striking ‘‘and none of the funds re13 allotted’’ and inserting ‘‘; and 

14 ‘‘(iii) none of the funds reallotted’’. 

15 (2) ELIMINATION OF CERTAIN PROVISIONS.— 

16 (A) Section 1412(b) (42 U.S.C. 300g– 

17 1(b)) is amended by striking paragraph (15). 

18 (B) Section 1415 (42 U.S.C. 300g–4) is 

19 amended by striking subsection (e). 

20 (3) CONFORMING AMENDMENT.—Subparagraph 

21 (B) of section 1414(c)(1) (42 U.S.C. 300g– 

22 3(c)(1)(B)) is amended by striking ‘‘(a)(2), or (e)’’ 

23 and inserting ‘‘or (a)(2)’’. 


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1 SEC. 15. FOCUS ON LIFECYCLE COSTS. 

2 Section 1412(b)(4) (42 U.S.C. 300g–1(b)(4)) is 

3 amended— 

4 (1) in subparagraph (D), by striking ‘‘taking 

5 cost into consideration’’ and inserting ‘‘taking 

6 lifecycle costs, including maintenance, replacement, 

7 and avoided costs, into consideration’’; and 

8 (2) in the matter preceding subclause (I) in 

9 subparagraph (E)(ii), by inserting ‘‘taking lifecycle 

10 costs, including maintenance, replacement, and 

11 avoided costs, into consideration,’’ after ‘‘as deter12 mined by the Administrator in consultation with the 

13 States,’’. 

14 SEC. 16. ENFORCEMENT. 

15 (a) ADVICE AND TECHNICAL ASSISTANCE.—Section 

16 1414 (42 U.S.C. 300g–3) is amended— 

17 (1) in the matter following clause (ii) in sub18 section (a)(1)(A), by striking ‘‘and provide such ad19 vice and technical assistance to such State and pub20 lic water system as may be appropriate to bring the 

21 system into compliance with the requirement by the 

22 earliest feasible time’’; and 

23 (2) in subsection (a)(1), by adding at the end 

24 the following: 

25 ‘‘(C) At any time after providing notice of a violation 

26 to a State and public water system under subparagraph 


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1 (A), the Administrator may provide such advice and tech2 nical assistance to such State and public water system as 

3 may be appropriate to bring the system into compliance 

4 with the requirement by the earliest feasible time. In de5 ciding whether the provision of advice or technical assist6 ance is appropriate, the Administrator may consider the 

7 potential for the violation to result in serious adverse ef8 fects to human health, whether the violation has occurred 

9 continuously or frequently, and the effectiveness of past 

10 technical assistance efforts.’’. 

11 (b) ADDITIONAL INSPECTIONS.— 

12 (1) IN GENERAL.—Section 1414 (42 U.S.C. 

13 300g–3) is amended— 

14 (A) by redesignating subsections (d) 

15 through (i) as subsections (e) through (j), re16 spectively; and 

17 (B) by inserting after subsection (c) the 

18 following: 

19 ‘‘(d) ADDITIONAL INSPECTIONS FOLLOWING VIOLA20 TIONS.— 

21 ‘‘(1) IN GENERAL.—The Administrator shall, 

22 by regulation, and after consultation with the States, 

23 prescribe the number, frequency, and type of addi24 tional inspections to follow any violation requiring 


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1 notice under subsection (c). Regulations under this 

2 subsection shall— 

3 ‘‘(A) take into account— 

4 ‘‘(i) differences between violations 

5 that are intermittent or infrequent and vio6 lations that are continuous or frequent; 

7 ‘‘(ii) the seriousness of any potential 

8 adverse health effects that may be in9 volved; and 

10 ‘‘(iii) the number and severity of past 

11 violations by the public water system; and 

12 ‘‘(B) specify procedures for inspections fol13 lowing a violation by a public water system that 

14 has the potential to have serious adverse effects 

15 on human health as a result of short-term expo16 sure. 

17 ‘‘(2) STATE PRIMARY ENFORCEMENT RESPONSI18 BILITY.—Nothing in this subsection shall be con19 strued or applied to modify the requirements of sec20 tion 1413.’’. 

21 (2) CONFORMING AMENDMENTS.— 

22 (A) Subsections (a)(1)(B), (a)(2)(A), and 

23 (b) of section 1414 (42 U.S.C. 300g–3) are 

24 amended by striking ‘‘subsection (g)’’ each 

25 place it appears and inserting ‘‘subsection (h)’’. 


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1 (B) Section 1448(a) is amended by strik2 ing ‘‘1414(g)(3)(B)’’ and inserting 

3 ‘‘1414(h)(3)(B)’’. 

4 SEC. 17. REDUCING LEAD IN DRINKING WATER. 

5 (a) IN GENERAL.—Section 1417 (42 U.S.C. 300g– 

6 6) is amended— 

7 (1) by adding at the end of subsection (a) the 

8 following: 

9 ‘‘(4) EXEMPTIONS.—The prohibitions in para10 graphs (1) and (3) shall not apply to— 

11 ‘‘(A) pipes, pipe fittings, plumbing fittings, 

12 or fixtures, including backflow preventers, that 

13 are used exclusively for nonpotable services 

14 such as manufacturing, industrial processing, 

15 irrigation, outdoor watering, or any other uses 

16 where the water is not anticipated to be used 

17 for human consumption; or 

18 ‘‘(B) toilets, bidets, urinals, fill valves, 

19 flushometer valves, tub fillers, shower valves, 

20 service saddles, or water distribution main gate 

21 valves that are 2 inches in diameter or larger.’’; 

22 and 

23 (2) by amending subsection (d) to read as fol24 lows: 

25 ‘‘(d) DEFINITION OF LEAD FREE.— 


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1 ‘‘(1) IN GENERAL.—For the purposes of this 

2 section, the term ‘lead free’ means— 

3 ‘‘(A) not containing more than 0.2 percent 

4 lead when used with respect to solder and flux; 

5 and 

6 ‘‘(B) not more than a weighted average of 

7 0.25 percent lead when used with respect to the 

8 wetted surfaces of pipes, pipe fittings, plumbing 

9 fittings, and fixtures. 

10 ‘‘(2) CALCULATION.—The weighted average 

11 lead content of a pipe, pipe fitting, plumbing fitting, 

12 or fixture shall be calculated by using the following 

13 formula: For each wetted component, the percentage 

14 of lead in the component shall be multiplied by the 

15 ratio of the wetted surface area of that component 

16 to the total wetted surface area of the entire product 

17 to arrive at the weighted percentage of lead of the 

18 component. The weighted percentage of lead of each 

19 wetted component shall be added together, and the 

20 sum of these weighted percentages shall constitute 

21 the weighted average lead content of the product. 

22 The lead content of the material used to produce 

23 wetted components shall be used to determine com24 pliance with paragraph (1)(B). For lead content of 


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1 materials that are provided as a range, the max2 imum content of the range shall be used.’’. 

3 (b) EFFECTIVE DATE.—The provisions of sub4 sections (a)(4) and (d) of section 1417 of the Safe Drink5 ing Water Act, as added by this section, apply beginning 

6 on the day that is 36 months after the date of the enact7 ment of this Act. 

8 SEC. 18. ENDOCRINE DISRUPTOR SCREENING PROGRAM. 

9 Section 1457 (42 U.S.C. 300j–17) is amended to 

10 read as follows: 

11 ‘‘ENDOCRINE DISRUPTOR SCREENING PROGRAM

12 ‘‘SEC. 1457. (a) TESTING OF SUBSTANCES.— 

13 ‘‘(1) IN GENERAL.—In carrying out the screen14 ing program under section 408(p) of the Federal 

15 Food, Drug, and Cosmetic Act, the Administrator 

16 shall provide for the testing of substances described 

17 in paragraph (2) in addition to the substances de18 scribed in section 408(p)(3) of such Act. 

19 ‘‘(2) COVERED SUBSTANCES.—A substance is 

20 subject to testing pursuant to paragraph (1) if— 

21 ‘‘(A) the substance may be found in 

22 sources of drinking water; and 

23 ‘‘(B) the Administrator determines that a 

24 substantial population may be exposed to such 

25 substance. 


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1 ‘‘(3) SUBSTANCES ALREADY SUBJECT TO TEST2 ING.—Notwithstanding paragraph (2), a substance 

3 is not subject to testing pursuant to paragraph (1) 

4 if— 

5 ‘‘(A) the substance is already subject to 

6 evaluation determined by the Administrator to 

7 be equivalent to testing pursuant to paragraph 

8 (1); or 

9 ‘‘(B) the Administrator has already deter10 mined the effect of the substance on the endo11 crine system. 

12 ‘‘(4) SUBSTANCES DERIVED FROM DEGRADA13 TION OR METABOLISM OF ANOTHER SUBSTANCE.— 

14 If a substance subject to testing pursuant to para15 graph (1) (in this paragraph referred to as the ‘cov16 ered substance’) is derived from the degradation or 

17 metabolism of another substance, or is used in or 

18 generated by the manufacture of another substance, 

19 the Administrator shall provide for such testing of 

20 the covered substance by the importer or manufac21 turer of the other substance. 

22 ‘‘(b) IDENTIFICATION AND TESTING OF ENDOCRINE

23 DISRUPTING SUBSTANCES THAT MAY BE IN DRINKING

24 WATER.— 


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1 ‘‘(1) IDENTIFICATION.—Not later than 1 year 

2 after the date of the enactment of the Assistance, 

3 Quality, and Affordability Act of 2010, after oppor4 tunity for comment, the Administrator shall pub5 lish— 

6 ‘‘(A) a list of no fewer than 100 sub7 stances for testing pursuant to subsection 

8 (a)(1) (in accordance with the schedule speci9 fied in paragraph (3)); and 

10 ‘‘(B) a plan for the identification of addi11 tional substances for testing pursuant to sub12 section (a)(1), and a schedule for issuing test 

13 orders for all such additional substances by not 

14 later than 10 years after the date of the enact15 ment of the Assistance, Quality, and Afford16 ability Act of 2010, with the goal of testing, at 

17 a minimum and consistent with subsection (a), 

18 all substances that have been placed on the 

19 Drinking Water Preliminary Contaminant Can20 didate List published pursuant to section 

21 1412(b)(1)(B)(i). 

22 In publishing the plan and schedule required by sub23 paragraph (B), the Administrator shall obtain advice 

24 and direction from the Science Advisory Board. 


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1 ‘‘(2) PRIORITIZATION; CONSIDERATIONS.—In 

2 selecting substances for listing under paragraph 

3 (1)(A) or identification pursuant to the plan under 

4 paragraph (1)(B), the Administrator— 

5 ‘‘(A) shall prioritize the selection of sub6 stances that pose the greatest public health con7 cern, using the best available science and taking 

8 into consideration (among other factors of pub9 lic health concern) the effect of such substances 

10 on subgroups that comprise a meaningful por11 tion of the general population (such as infants, 

12 children, pregnant women, the elderly, individ13 uals with a history of serious illness, and other 

14 subpopulations) that are identifiable as being at 

15 greater risk of adverse health effects due to ex16 posure to substances in drinking water; and 

17 ‘‘(B) shall take into consideration— 

18 ‘‘(i) available information on the ex19 tent of potential public exposures to the 

20 substances through drinking water; and 

21 ‘‘(ii) the Drinking Water Preliminary 

22 Contaminant Candidate List published 

23 pursuant to section 1412(b)(1)(B)(i). 


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1 ‘‘(3) SCHEDULE.—After publication of the list 

2 under paragraph (1)(A), the Administrator shall 

3 issue test orders for— 

4 ‘‘(A) at least 25 substances on the list by 

5 the end of each year during the 4-year period 

6 following the date of the enactment of the As7 sistance, Quality, and Affordability Act of 2010; 

8 and 

9 ‘‘(B) all substances on the list by the end 

10 of such 4-year period. 

11 ‘‘(c) TESTING PROTOCOL PROCESS.— 

12 ‘‘(1) IN GENERAL.—Not later than 2 years 

13 after the date of the enactment of the Assistance, 

14 Quality, and Affordability Act of 2010, the Adminis15 trator shall, after opportunity for comment, and 

16 after obtaining advice and direction from the Science 

17 Advisory Board, publish guidance on developing and 

18 updating protocols for testing of possible endocrine 

19 disruptors that may be found in sources of drinking 

20 water. The guidance shall specify— 

21 ‘‘(A) the manner in which the Adminis22 trator will evaluate and, where necessary, revise 

23 such protocols; 


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1 ‘‘(B) the manner in which the Adminis2 trator will determine when testing of substances 

3 will be required; and 

4 ‘‘(C) the procedures by which other sci5 entifically relevant information can be used in 

6 lieu of some or all of the information that oth7 erwise would be collected pursuant to testing 

8 under section 408(p) of the Federal Food, 

9 Drug, and Cosmetic Act. 

10 ‘‘(2) MINIMUM CONTENTS.—The procedures 

11 specified pursuant to paragraph (1)(C) shall ensure 

12 that the Administrator may use information that is 

13 prepared or provided by any person (including a reg14 istrant, manufacturer, or importer of a substance for 

15 which testing is required, and any other entity) and 

16 shall apply equally with respect to any such person. 

17 ‘‘(3) AMENDMENTS.—The Administrator may, 

18 after opportunity for comment, and after obtaining 

19 advice and direction from the Science Advisory 

20 Board, amend any guidance published pursuant to 

21 this subsection. 

22 ‘‘(d) REVISION OF TESTING PROTOCOLS.—Not later 

23 than 2 years after the date of the enactment of the Assist24 ance, Quality, and Affordability Act of 2010, the Adminis25 trator shall, after opportunity for comment, determine 


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1 whether sufficient scientific information has been devel2 oped to warrant updating the screening protocols devel3 oped under section 408(p) of the Federal Food, Drug, and 

4 Cosmetic Act for substances that may be found in sources 

5 of drinking water. Not later than 5 years after the date 

6 of the enactment of the Assistance, Quality, and Afford7 ability Act of 2010 and every 3 years thereafter, the Ad8 ministrator shall determine, consistent with the guidance 

9 published under subsection (c), whether to revise screening 

10 protocols under such section for substances that may be 

11 found in sources of drinking water based on significant 

12 improvements in the sensitivity, accuracy, reliability, re13 producibility, or efficiency of such protocols, or a reduction 

14 in the number of animals required to conduct such proto15 cols. Whenever the Administrator revises such a protocol, 

16 the Administrator shall also determine, after obtaining ad17 vice and direction from the Science Advisory Board, 

18 whether any substance that has already been subjected to 

19 testing should be tested using the revised protocol. 

20 ‘‘(e) VALID SCIENTIFIC DATA.—Any testing proto21 cols pursuant to this section shall be designed to produce 

22 scientific results that are based on— 

23 ‘‘(1) verifiable measurements with sufficiently 

24 small error rates; 


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1 ‘‘(2) well-controlled measurements whose inter2 pretation is not confounded by extraneous influ3 ences; and 

4 ‘‘(3) results that are repeatable by independent 

5 scientists. 

6 ‘‘(f) RESULTS OF TESTING.— 

7 ‘‘(1) PUBLICATION OF DATA EVALUATION

8 RECORDS.—Not later than 6 months after receipt of 

9 testing results for a substance that may be found in 

10 sources of drinking water, the Administrator shall 

11 prepare and, consistent with subsection (g), publish 

12 data evaluation records for such results in a publicly 

13 searchable database. 

14 ‘‘(2) ADMINISTRATIVE ACTION.—Not later than 

15 6 months after receipt of test results that determine 

16 the endocrine-related effects caused by a substance 

17 that may be found in sources of drinking water, the 

18 Administrator shall— 

19 ‘‘(A) determine whether to take action re20 lated to the substance pursuant to the agency’s 

21 statutory authority; and 

22 ‘‘(B) consistent with subsection (g), pub23 lish such determination in a publicly searchable 

24 database. 


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1 Nothing in this section shall be construed to affect 

2 the Administrator’s authority to take action under 

3 other provisions of law. 

4 ‘‘(3) STRUCTURED EVALUATION FRAME5 WORK.—To assess the overall weight of the evidence 

6 and relevance to human health of results of testing 

7 for substances that may be found in sources of 

8 drinking water, the Administrator shall develop and 

9 use a structured evaluative framework consisting of 

10 science-based criteria, consistent with the protection 

11 of public health, for systematically evaluating endo12 crine mode of action and for determining data rel13 evance, quality, and reliability. 

14 ‘‘(g) PUBLIC DATABASE.—Beginning not later than 

15 180 days after the date of the enactment of the Assist16 ance, Quality, and Affordability Act of 2010 and con17 sistent with section 552 of title 5, United States Code, 

18 the Administrator shall publish, in electronic format, a 

19 publicly searchable database that contains information re20 garding the testing program. Not later than 30 days after 

21 the date on which the information becomes available, the 

22 Administrator shall ensure that, at a minimum, the data23 base— 

24 ‘‘(1) identifies the substances selected for test25 ing under the program; and 


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1 ‘‘(2) includes the documents and information 

2 pertaining to the status of testing activities for each 

3 such substance, including test orders, deadlines for 

4 submission, the Environmental Protection Agency’s 

5 data evaluation records, any scientific information 

6 on which the Administrator based actions under sub7 section (f), the Administrator’s determination under 

8 subsection (f) on whether action will be taken under 

9 other statutory authority, and the summary of 

10 chemical test results. 

11 ‘‘(h) PETITION FOR INCLUSION OF A SUBSTANCE IN

12 THE PROGRAM.— 

13 ‘‘(1) IN GENERAL.—Any person may submit a 

14 petition to the Administrator to add a substance to 

15 the list under subsection (b)(1)(A) or identify a sub16 stance pursuant to the plan under subsection 

17 (b)(1)(B). 

18 ‘‘(2) SPECIFICATION OF FACTS.—Any petition 

19 under paragraph (1) shall specify the facts that are 

20 claimed to establish that an action described in 

21 paragraph (1) is warranted. 

22 ‘‘(3) ADMINISTRATIVE ACTION.—Not later than 

23 90 days after the filing of a petition described under 

24 paragraph (1), the Administrator shall determine 

25 whether the petition has established that an action 


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1 described in paragraph (1) is warranted and shall 

2 grant or deny the petition. If the Administrator 

3 grants such petition, the Administrator shall 

4 promptly add the substance to the list under sub5 section (b)(1)(A) or identify the substance pursuant 

6 to the plan under subsection (b)(1)(B), as applica7 ble. If the Administrator denies the petition, the Ad8 ministrator shall publish the reasons for such denial 

9 in the Federal Register. 

10 ‘‘(i) COORDINATION WITH OTHER FEDERAL AGEN11 CIES.—After the Administrator— 

12 ‘‘(1) requires testing of a substance that may 

13 be found in sources of drinking water, or 

14 ‘‘(2) based in whole or in part on the results of 

15 testing of such a substance, takes action related to 

16 the substance pursuant to the agency’s statutory au17 thority, 

18 the Administrator shall give notice of such testing or ac19 tion to Federal agencies which are authorized by other 

20 provisions of law to regulate the substance or products, 

21 materials, medications, processes, or practices that use the 

22 substance. 

23 ‘‘(j) REPORTING REQUIREMENT.—Not later than 1 

24 year after the date of the enactment of the Assistance, 

25 Quality, and Affordability Act of 2010 and every 3 years 


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1 thereafter, the Administrator shall provide a report to the 

2 Committee on Energy and Commerce of the House of 

3 Representatives and the Committee on Environment and 

4 Public Works of the Senate that describes— 

5 ‘‘(1) progress made in identifying and testing 

6 potential endocrine disruptors as well as plans for 

7 future activities; 

8 ‘‘(2) any change in screening or testing method9 ology and evaluation or criteria for evaluating sci10 entifically relevant information; 

11 ‘‘(3) actions taken to ensure communication 

12 and sharing of scientific information with other Fed13 eral agencies and the public; and 

14 ‘‘(4) any deviations from the plan or schedule 

15 published under subsection (b)(1)(B) as well as the 

16 reasons therefor. 

17 ‘‘(k) TESTING CONSORTIA, COMPENSATION, AND

18 COMPLIANCE.— 

19 ‘‘(1) IN GENERAL.—Any person required by the 

20 Administrator to conduct testing of an endocrine 

21 disruptor that may be found in sources of drinking 

22 water may— 

23 ‘‘(A) submit, on its own, data in response 

24 to an order for such testing; and 


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1 ‘‘(B) form (on a voluntary basis) a consor2 tium in order to satisfy the requirements of one 

3 or more orders for such testing. 

4 ‘‘(2) RELIANCE ON CONSORTIUM SUBMIS5 SIONS.—Each member of a consortium described in 

6 paragraph (1)(B) shall have full rights to rely on all 

7 submissions of the consortium to satisfy the require8 ments of any order for testing, but continues to be 

9 individually subject to such requirements. 

10 ‘‘(3) SHARING OF COSTS.— 

11 ‘‘(A) IN GENERAL.—Each member of a 

12 consortium described in paragraph (1)(B) shall 

13 share the applicable costs according to appro14 priate arrangements established by the consor15 tium members. 

16 ‘‘(B) BINDING OFFER.—Whenever, to sat17 isfy the requirements of one or more orders for 

18 testing, any person offers to form or join a con19 sortium described in paragraph (1)(B), or of20 fers compensation to a person that has already 

21 submitted data to the Administrator satisfying 

22 an order for testing, such offer shall constitute 

23 a binding offer to share an appropriate portion 

24 of the applicable costs. 


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1 ‘‘(C) APPLICABLE COSTS.—In this sub2 section, the term ‘applicable costs’ includes the 

3 costs— 

4 ‘‘(i) incurred to generate and report 

5 information to comply with an order for 

6 testing; or 

7 ‘‘(ii) associated with the organization 

8 and administration of the consortium. 

9 ‘‘(4) DISPUTE RESOLUTION.— 

10 ‘‘(A) IN GENERAL.—In the event of any 

11 dispute about an appropriate share or a fair 

12 method of determining an appropriate share of 

13 applicable costs of the testing requirements in 

14 a test order, any person involved in the dispute 

15 may initiate binding arbitration proceedings by 

16 requesting the Federal Mediation and Concilia17 tion Service to appoint an arbitrator from the 

18 roster of arbitrators maintained by such Service 

19 or a hearing with a regional office of the Amer20 ican Arbitration Association. A copy of the re21 quest shall be sent to each person from whom 

22 the requesting party seeks compensation or who 

23 seeks compensation from that party. 

24 ‘‘(B) NO REVIEW OF FINDINGS AND DE25 TERMINATION.—The findings and determinaVerDate Mar 15 2010 08:50 Aug 06, 2010 Jkt 089200 PO 00000 Frm 00042 Fmt 6652 Sfmt 6201 E:\BILLS\H5320.RFS H5320

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1 tion of the arbitrator in a dispute initiated pur2 suant to subparagraph (A) shall be final and 

3 conclusive, and no official or court of the 

4 United States shall have power or jurisdiction 

5 to review any such findings and determination, 

6 except in the case of fraud, misrepresentation, 

7 or other misconduct by one of the parties to the 

8 arbitration or by the arbitrator. 

9 ‘‘(C) PAYMENT OF FEE AND EXPENSES.— 

10 The parties to arbitration initiated pursuant to 

11 subparagraph (A) shall share equally in the 

12 payment of the fee and expenses of the arbi13 trator. 

14 ‘‘(5) ENFORCEMENT.—If the Administrator de15 termines that any person seeking to comply with an 

16 order for testing by relying on a submission made by 

17 a consortium or an original data submitter has 

18 failed to make an offer in accordance with para19 graph (3)(B), to participate in an arbitration pro20 ceeding under paragraph (4), or to comply with the 

21 terms of an agreement or arbitration decision con22 cerning sharing of applicable costs under paragraph 

23 (3), that person is deemed to have failed to comply 

24 with an order under subparagraph (A) of section 

25 408(p)(5) of the Federal Food, Drug, and Cosmetic 


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1 Act for purposes of subparagraphs (B) and (C) of 

2 such section. 

3 ‘‘(l) DEFINITIONS.—In this section: 

4 ‘‘(1) The term ‘endocrine disruptor’ means an 

5 exogenous agent or mixture of agents that interferes 

6 or alters the synthesis, secretion, transport, metabo7 lism, binding action, or elimination of hormones that 

8 are present in the body and are responsible for ho9 meostasis, growth, neurological signaling, reproduc10 tion and developmental process, or any other effect 

11 that the Administrator has designated as an ‘endo12 crine effect’ pursuant to section 408(p)(1) of the 

13 Federal Food, Drug, and Cosmetic Act. 

14 ‘‘(2) The term ‘testing’ means the testing of a 

15 substance pursuant to the screening program under 

16 section 408(p) of the Federal Food, Drug, and Cos17 metic Act, including a test of a substance that is in18 tended to identify substances that have the potential 

19 to interact with the endocrine system or that is in20 tended to determine the endocrine-related effects 

21 caused by such substance and obtain information 

22 about effects at various doses. 

23 ‘‘(m) AUTHORIZATION OF APPROPRIATIONS.—To 

24 carry out this section, there is authorized to be approVerDate Mar 15 2010 08:50 Aug 06, 2010 Jkt 089200 PO 00000 Frm 00044 Fmt 6652 Sfmt 6201 E:\BILLS\H5320.RFS H5320

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1 priated $5,000,000 for each of fiscal years 2011 through 

2 2015.’’. 

3 SEC. 19. PRESENCE OF PHARMACEUTICALS AND PERSONAL 

4 CARE PRODUCTS IN SOURCES OF DRINKING 

5 WATER. 

6 Subsection (a) of section 1442 (42 U.S.C. 300j–1) 

7 is amended by adding at the end the following: 

8 ‘‘(11) PRESENCE OF PHARMACEUTICALS AND PER9 SONAL CARE PRODUCTS IN SOURCES OF DRINKING

10 WATER.— 

11 ‘‘(A) STUDY.—The Administrator shall carry 

12 out a study on the presence of pharmaceuticals and 

13 personal care products in sources of drinking water, 

14 which shall— 

15 ‘‘(i) identify pharmaceuticals and personal 

16 care products that have been detected in 

17 sources of drinking water and the levels at 

18 which such pharmaceuticals and personal care 

19 products have been detected; 

20 ‘‘(ii) identify the sources of pharma21 ceuticals and personal care products in sources 

22 of drinking water, including point sources and 

23 nonpoint sources of pharmaceutical and per24 sonal care products; 


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1 ‘‘(iii) identify the effects of such products 

2 on humans, the environment, and the safety of 

3 drinking water; and 

4 ‘‘(iv) identify methods to control, limit, 

5 treat, or prevent the presence of such products. 

6 ‘‘(B) CONSULTATION.—The Administrator shall 

7 conduct the study described in subparagraph (A) in 

8 consultation with the Secretary of Health and 

9 Human Services (acting through the Commissioner 

10 of Food and Drugs), the Director of the United 

11 States Geological Survey, the heads of other appro12 priate Federal agencies (including the National In13 stitute of Environmental Health Sciences), and other 

14 interested stakeholders (including manufacturers of 

15 pharmaceuticals and personal care products and 

16 consumer groups and advocates). 

17 ‘‘(C) REPORT.—Not later than 2 years after 

18 the date of the enactment of this paragraph, the Ad19 ministrator shall submit to the Congress a report on 

20 the results of the study carried out under this para21 graph. 

22 ‘‘(D) DEFINITIONS.—In this paragraph: 

23 ‘‘(i) The term ‘personal care product’ has 

24 the meaning given the term ‘cosmetic’ in section 


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1 201 of the Federal Food, Drug, and Cosmetic 

2 Act. 

3 ‘‘(ii) The term ‘pharmaceutical’ has the 

4 meaning given the term ‘drug’ in section 201 of 

5 the Federal Food, Drug, and Cosmetic Act.’’. 

6 SEC. 20. ELECTRONIC REPORTING OF COMPLIANCE MONI7 TORING DATA TO THE ADMINISTRATOR. 

8 (a) REQUIREMENT.—Section 1414 (42 U.S.C. 300g– 

9 3), as amended, is further amended by adding at the end 

10 the following: 

11 ‘‘(k) ELECTRONIC REPORTING OF COMPLIANCE

12 MONITORING DATA TO THE ADMINISTRATOR.—The Ad13 ministrator shall by rule establish requirements for— 

14 ‘‘(1) electronic submission by public water sys15 tems of all compliance monitoring data— 

16 ‘‘(A) to the Administrator; or 

17 ‘‘(B) with respect to public water systems 

18 in a State which has primary enforcement re19 sponsibility under section 1413, to such State; 

20 and 

21 ‘‘(2) electronic submission to the Administrator 

22 by each State which has primary enforcement re23 sponsibility under section 1413 of all compliance 

24 monitoring data submitted to such State by public 

25 water systems pursuant to paragraph (1)(B).’’. 


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1 (b) FINAL RULE.—Not later than 12 months after 

2 the date of the enactment of this Act, the Administrator 

3 of the Environmental Protection Agency shall issue a final 

4 rule to carry out section 1414(k) of the Safe Drinking 

5 Water Act, as added by subsection (a). 

6 SEC. 21. BUDGETARY EFFECTS. 

7 The budgetary effects of this Act, for the purpose of 

8 complying with the Statutory Pay-As-You-Go Act of 2010, 

9 shall be determined by reference to the latest statement 

10 titled ‘‘Budgetary Effects of PAYGO Legislation’’ for this 

11 Act, submitted for printing in the Congressional Record 

12 by the Chairman of the House Budget Committee, pro13 vided that such statement has been submitted prior to the 

14 vote on passage. 

Passed the House of Representatives July 30 (legislative day July 29), 2010. 

Attest: LORRAINE C. MILLER, 

Clerk. 

By ROBERT F. REEVES, 

Deputy Clerk. 


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